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Copyright infringement or not?

03-21-2011, 04:59 AM
#1
Joined: Oct 2010
Posts: 97
Copyright infringement or not?

Your views guys on this - my app -

http://www.youtube.com/watch?v=M9_Wq5gSbM8

http://itunes.apple.com/us/app/scrambleface/id394830799?mt=8

theirs

http://www.youtube.com/watch?v=NG5r4KFlW-A

http://itunes.apple.com/us/app/videopuzzle/id417372287?mt=8

- cheek of the guys too claiming their app is the 1st video puzzle app on the iphone!
03-21-2011, 05:12 AM
#2
Joined: Mar 2009
Location: Oslo, Norway
Posts: 731
While I appreciate the hard work that's gone into this and can imagine the technological challenges I personally don't think this constitutes copyright infringement. While the gameplay seems fairly identical the presentation does not. Also: Apart from any technological wizardry aren't they both slide-puzzles at heart?

If any copyright-infringement has taken place I would guess whoever came up with the first slide-puzzler is the one who should really complain. In general you can't copyright an idea, just the execution. The video-game industry is built on "inspiration" and if a high-level concept like this could be copyrighted we would probably only ever have seen 5 video games.

03-21-2011, 04:31 PM
#3
Joined: Apr 2009
Location: Portland, OR, Cascadia
Posts: 332
You can't copyright gameplay mechanics or rules. Otherwise we wouldn't have genres. If they haven't directly taken language, art, or code from your app then there's no copyright issue.

Trademark can protect the name and look of your game. But that only goes so far... look at Gameloft games for how close you can cut it and be in the clear.
03-21-2011, 04:59 PM
#4
Joined: Jun 2009
Location: London, UK
Posts: 3,741
You can't copyright a gameplay mechanic but you can patent them... though I'm guessing you haven't and I'm not sure they'd allow it on this.

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03-22-2011, 02:49 AM
#5
Joined: Mar 2011
Location: Mountain Vista, CA
Posts: 46
this is one of those times where you sadly got ripped off. simple as that. now, it could be that two companies developed the same idea independently - as with tiny wings / dillo hills / penguin something or other.

What you can do is polish up your product and learn from what they did better than you. It's the same in any business. Like the Xoom didn't rip off the iPad? or every smartphone trying to be like the iPhone?

How thick is the line between playing games and playing life?
I learned everything I need to know about surviving 2012 from Fallout 1 and 2

http://superfunapps.wordpress.com/ !!
03-22-2011, 06:43 AM
#6
Joined: Oct 2010
Posts: 97
Its definitely disheartening - I had my app in the store for about 5 months before theirs appeared. When the camera appeared on the iPhone 4 and the APIs were released I thought that a game such as Scrambleface of Videopuzzle! was possible. I obviously spent a large amount of time researching if it was possible. If the guys from Videopuzzle! saw my app they would know it was possible and worth taking their time to overcome the challenges presented.

The situation has obviously given me a unique perspective on their marketing campaign. Their budget is sizeably bigger than mines. They have therefore been able to pay big. I know they have paid for reviews (on the sites that charge for review), their graphical interface looks nicer than mines, and they've went the Free App A Day route (paid) - all this got them a front page Apple feature. I think its safe to say position on the store counts a lot more than the app when Apple consider a feature.

My gui is being improved as we speak, I'm adding more levels as I know they are getting a lot of requests for more levels (p.s. guys mines has 21 already - lots more than theirs) so I'm acting constructively to overcome this setback.

I've also asked a lawyer to look over my case just to be sure.


Does anyone know how to get them to remove their claim that they are the app stores 1st video puzzle - I've contacted them twice and they haven't removed it - Apple seem to be slow at responding to this (I sent an email to the appstorenotices email address).
03-22-2011, 07:40 AM
#7
Joined: Dec 2009
Location: Berlin, Germany
Posts: 1,674
Quote:
Originally Posted by SuperFunApps View Post
this is one of those times where you sadly got ripped off. simple as that. now, it could be that two companies developed the same idea independently - as with tiny wings / dillo hills / penguin something or other.

What you can do is polish up your product and learn from what they did better than you. It's the same in any business. Like the Xoom didn't rip off the iPad? or every smartphone trying to be like the iPhone?


this is sad and funny at the same time.. no one got ripped off.. what the heck, this is not even a copyright issue.. so what.. another puzzle game?! wow.. amazing..


what in the world was stolen from scambleface? the logo, the looks? the name? what..

and even their "claim" is what wrong? they say video.. what is video? how do you define that.. from the trailer scambleface looks like a live camera feed.. and not a video.. which for me is a saved.. well video..


Quote:
from wikipedia:
"The term video ("video" meaning "I see", from the Latin verb "videre") commonly refers to several storage formats for moving pictures"
what i see here is no copyright issue but an jealousy issue.. they made something similar, bigger, better and got more out of it than me..

wow.. now even lawyers get involved.. this is pretty low.. go out and create a decent product, polish it till it shines and maybee with some luck you get the success you think you deserve.

this is getting ridiculous.. copyright infringment... jeez..

sorry if it reads harsh.. but a reality check would be in order..


maybee rovio should sue everybody who has a physics based shooting game on the world.. even thoose that came before them.. and definatly thoose that came after them..

and igor and his doodle jumper should bring back his lawsuite against everything doodle and everything jumpy.. i would even try to go that faar and to sue everybody on earth who jumps... like kids.. hey.. and then i would forbid kids to draw.. because that usualy ends up like doodles... thoos kids are monsters.. copyright infrigin jumping doodle makers.. sue them all!!!

oh.. wait.. yes.. ridiculous.. ok thank you good bye

Last edited by mr.Ugly; 03-22-2011 at 07:45 AM.
03-22-2011, 07:55 AM
#8
Joined: Jun 2009
Location: London, UK
Posts: 3,741
It looks pretty obviously ripped off to me. What the law says is another matter entirely, but as an independent witness, if I saw both games I would assume one of them got their idea completely from the other and decided to copy it.

  /l、
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03-22-2011, 08:12 AM
#9
Joined: Nov 2009
Location: Santa Rosa, CA
Posts: 197
The rule of thumb is: "You can't copyright an idea, only the expression of an idea."

For example, I can legally write a song about a sad breakup in which the girl tells me that there are many ways in which one can leave one's lover, and even do a chorus in which I sing some of those way with jocular rhymes. But I can't call it "50 Ways To Leave Your Lover," I can't use the melody from the Paul Simon song and I can't sing "Slip out the back, Jack... make a new plan, Stan."

In your case, the idea is a slider puzzle that uses motion video. That idea is up for grabs: slider puzzles have been around since before computers. But they can't use your name, your graphical interface, your actual code, etc.

As other have mentioned, the "rip off" actually seems to have a larger scope than your own game. There is no copyright infringement here.

Last edited by Gravity Jim; 03-22-2011 at 08:59 AM.
03-22-2011, 08:47 AM
#10
Joined: Dec 2009
Location: Berlin, Germany
Posts: 1,674
Quote:
Originally Posted by MidianGTX View Post
It looks pretty obviously ripped off to me. What the law says is another matter entirely, but as an independent witness, if I saw both games I would assume one of them got their idea completely from the other and decided to copy it.



well thats the sad part that you think its obvious a ripp off...

as if video slider puzzle have never ever been around and scrambleface is the first of this kind..

you might want put your assumptions back where they came from and stop assuming. just google for minute..

i already found video puzzle games who predate both products by several YEARS!..

so what know?.. should i contact the creators of thoose unique games to sue both scambleface and the others..?!

kindergarten it is.. there is no case here.. just a guy pointing a finger at someone else.. with a huge pile of jealousy on top of it..

its actualy sad that some think this might be even valid..