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Zynga Sues Brazilian Dev For Copying Its Games

An anonymous reader writes "In what can only be described as a case of the pot calling the kettle black, Zynga has launched and settled a lawsuit against Brazilian game developer Vostu after accusing Vostu of copying their games. The settlement resulted in the loss of jobs for many Vostu employees. How Zynga managed to carry out such actions while keeping a straight face after dealing with similar allegations remains to be seen."

22 of 115 comments (clear)

  1. oh the hypocrisy by sneakyimp · · Score: 5, Insightful

    *sigh*.

    1. Re:oh the hypocrisy by Dyinobal · · Score: 5, Insightful

      He who has the lawyers wins.

    2. Re:oh the hypocrisy by jduhls · · Score: 5, Interesting

      I would just shorten it to "the lawyers win". Innovation, competition, and the fair market lose. It's a nuclear arms race to acquire lawyers. What is this bubble? An over-litigious-society bubble? I hope it pops soon, though by then all the lawyers will have weaved golden parachutes or gotten jobs as lobbyists and politicians, right?

    3. Re:oh the hypocrisy by hairyfeet · · Score: 4, Insightful

      Its actually quite simple, the west will become gridlocked, with nobody able to innovate anything the constant copyright and patent trolling shut everything down or drag it for a decade through the courts, while the east that have made it clear they won't be buying our products OR playing our reindeer games will become the new powerhouse while the west rots. We've seen this before, in the rise of the USA who ignored the old world's copyrights and patents and were therefor able to build upon the work done before and "stand on the shoulders of giants" as it were. Now our entire history is being locked behind paywalls, can't anything get done with an army of lawyers, all so the 1% at the top can try to keep their strangehold on the wealth. Sad really but all good things must end and the current reign of the USA as the big dog will end with massive unemployment, out of control debt, and the jobs all being sent to places where they can build without an army or lawyers on retainer.

      --
      ACs don't waste your time replying, your posts are never seen by me.
  2. Remains to be seen? by TheSpoom · · Score: 4, Insightful

    Zynga has more money and better lawyers.

    --
    It's better to vote for what you want and not get it than to vote for what you don't want and get it.
    - E. Debs
    1. Re:Remains to be seen? by MrEricSir · · Score: 5, Interesting

      Lawyers maybe, but they lost nearly half a billion in Q4 alone.

      --
      There's no -1 for "I don't get it."
    2. Re:Remains to be seen? by Anonymous Coward · · Score: 5, Informative

      I think you should read that article closer. Revenue was up significantly. User base was up significantly.

      The losses were attributed to one time expenses related to their IPO.

    3. Re:Remains to be seen? by rtb61 · · Score: 4, Insightful

      It not how much money the corporation makes or loses, it's how much the psychopathic corporate executives can suck out of the investors before it all collapses, bonus if they get to keep their multi-million dollar golden parachute as for the coders at Zynga, if they print out their stock options, punch a hole in the corner and tie the bundle together with string, next time they go to the toilet, they'll have something to use.

      Why is it that companies that behave like this so often go up in flames in the great bankruptcy fire sale while the corporate executives retire to their mansions in tax havens.

      --
      Chaos - everything, everywhere, everywhen
  3. It's a business, duh! by steelfood · · Score: 4, Insightful

    What a silly question. It's not about consistency, morality, or ethics. It's about what they can get away with, how far they can get away with it, and what happens if/when they get caught.

    Gotta get with the times. There's no such thing as corporate responsibility. How the money is made, where it comes from, and what the consequences of making it are, are all problems left for everyone else to deal with. There's only quarterly earnings, year over year growth, and valuation. Get in, make a boatload, and pray to your local diety you get out before the whole system comes crashing down on the heads of all the less fortunate ones who couldn't get out in time.

    --
    "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
  4. A Brazillion Developers? by Anonymous Coward · · Score: 4, Funny

    How could they possibly sue a brazilian devs? Surely that would be way too many for the court to handle at the same time.

  5. Sort of, I suppose by Anonymous Coward · · Score: 5, Insightful

    A predator kills and eats its prey while simultaneously doing everything within its power to make its own predators fail to kill and eat it. This is not hypocrisy.

    If Zynga sees the illegality of its own practice of copying other people's games as a calculated risk of doing business, then suing others for doing to it exactly what it does to others is really no different than basic predator behavior (which is natural enough...humans are predators after all).

    If you misinterpret Zynga's allegations to be some sort of political or moral statement about what kinds of business models/actions are not appropriate, then yeah I guess they are being hypocritical. But since when do large wealthy corporations bother with principles?

    1. Re:Sort of, I suppose by smooth+wombat · · Score: 4, Insightful

      the company profits are well on par with Ubisoft and EA.

      Oh really? You might want to reconsider that comment.

      Zynga recent earnings and prospects

      EA recent earnings and prospects

      The numbers between these two aren't even close, neither in revenue or earnings.

      --
      We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
  6. Fingerprints by Anonymous Coward · · Score: 5, Interesting

    Claim 71 is the most interesting.

    Zynga claims that Vostu replicated a "bug" that was in CityVille. This kind of claim has been successful in map making and directories to prove copying of works. I would suspect this is why Vostu settled.

    Looking at the claims it would be very interesting to know if any source was actually lifted from Zynga by Vostu. But from a layperson or judge looking at it the conclusion may be the same.

    Game rules are not subject to copyright, however the exact source code and images are. I can imagine a judge saying that this "bug/feature" while independently coded in a clean room - is the equivalent of a trap street on a map or fictitious entry in a directory.

  7. Re:I Zynga win this. by Khyber · · Score: 5, Interesting

    Nope, you don't need millions of dollars.

    You wait for Zynga to win and set precedent.

    Then you sue using their own precedent against them.

    No major lawyers required. Even a fresh law grad could figure it out.

    --
    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  8. Re:No it's not like this everywhere by engun · · Score: 4, Insightful

    If something can be virally adopted, it can be virally killed.

  9. Sound Legal Move by Shihar · · Score: 4, Insightful

    I don't see what the issue is here. Yes, Zynga copies other people's games. Yes, this company was just doing the same thing. What you people are all apparently are missing though is that Zynga is simply applying simple, well know, and accepted legal practice of "I have more lawyers so fuck you because I said so". I really don't see how you can argue with that.

  10. Game rules are not copyrightable by nedlohs · · Score: 4, Insightful

    But lots of other parts are copyrightable. Such as some of the graphics and sounds.

    The dream heights/tiny tower was an obvious copy of the gameplay. But the graphics were completely different. And you are alllowed to do that.

    These ones look much closer to copying of elements like art, which you aren't allowed to do.

    Of course once you introduce patents gameplay might end up protected - but I don't believe that's applicable in either of the cases.

  11. its inhuman barbarism, evolution backwards by decora · · Score: 5, Insightful

    and it smacks of a massively corrupt, medieval style social organization in which 'might makes right', and trial by combat was the norm. if we have 'trial by most lawyers', completely disregarding any principles of legal ethics or empiricism, we have not really advanced past the state described in the Viking Sagas of the 11th century .

    1. Re:its inhuman barbarism, evolution backwards by Renraku · · Score: 5, Interesting

      The issue is that if you find a way to level the playing field, someone will learn to play the game better than everyone else and you're right back to where you started. Companies used to exploit workers because you had to work somewhere if you wanted to survive and there were few laws against it. They used to rule with iron fists, threatening to fire people at every turn, or straight up beating them or subjecting them to other inhumane treatment.

      Then the law stepped in with a new civilized way of handling matters. Now you have to take your disputes to court, they said, where a judge can enact justice! Here are new laws to go by. As a result, companies still exploit workers and rule with iron fists backed up by massive legal departments and boatloads of money instead of a few strong guys that don't care to beat the shit out of you.

      --
      Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
  12. Bravo Zynga, bravo by TiggertheMad · · Score: 5, Interesting

    The really ironic thing is, supposedly laws are to supposed to remove 'might makes right' from disputes in a civilized society, and move disagreements to a courtroom where they can be decided in a rational way without bloodshed. If we have gotten to a place as a society where having more money allows one to buy legal victories with more lawyers, then there really isn't any reason for the fiscal/legal 'little guys' to not just pull out a gun and kill someone they disagree. The whole non-violent method of solving disputes goes straight out the window.

    Interestingly enough, that is how radical and terrorist groups are created: the disenfranchisement of a group from society because it feels it has no voice. With no stakes in a society, there isn't any reason not to kill anyone who looks at you cross eyed.

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    HA! I just wasted some of your bandwidth with a frivolous sig!
  13. Leaked internal Zynga CEO memo to employees by muon-catalyzed · · Score: 5, Informative

    Without this gem, the discussion is not really complete.


    “I don’t f***ing want innovation. “You’re not smarter than your competitor. Just copy what they do and do it until you get their numbers.”

  14. Re:I Zynga win this. by michelcolman · · Score: 4, Interesting

    Yes, it's too bad they didn't fight the suit. All they had to do is show a copy of that Zynga letter that was basically saying that, in the cutthroat business of mobile apps, copying other people's apps was the norm and you should just learn to live with it and stop whining. That's basically them giving anyone permission to do the same, right? My defense would consist of a cover page, a copy of the recent article comparing one of Zyga's games to the original, and a copy of Zynga's response letter. Nothing else, no hundreds of pages of quotes from laws, just those two articles. Case closed.