Without any form of fanfare, 6waves has moved to settle with Spry Fox after the latter claimed the developer had cloned its iOS and Android release Triple Town.
That's according to Game Politics, which quotes Sunstein Kann Murphy & Timbers attorney Jack C. Schecter as stating that 6waves' defence against the case effectively fell apart, leaving a settlement as the only option.
No other way
Schecter said 6waves' defence centred around the idea that, aside from protecting Triple Town's artwork, Spry Fox's copyright did not give it the right to block the development of similar games in the genre, like the firm's own Yeti Town.
It's an argument the court didn't buy, leaving 6waves nowhere to go.
"Setting aside the legal merits of Spry Fox's copyright claims, it seems like 6waves was engaged in some sharp dealing, agreeing to develop an iOS port of Triple Town for Spry Fox while simultaneously developing its own Yeti Town clone and then beating Spry Fox to the punch in launching that clone in the App Store," said Schecter of the case.
"Given that set of facts, I'm not at all surprised that 6waves settled the case after its motion to dismiss was denied and it started to look much more likely that Spry Fox would be allowed to tell its story to a jury."
It's expected that the terms of the settlement will remain confidential, though the expectation is one of the conditions will be for Yeti Town to be pulled from sale.
[source: Game Politics]
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