Clones and how to combat them: Examples from the games industry

This article was written by Futura Digital head Alina Davletshina and associate
Evgeniia Shikholeva.

In the competitive world of gaming, every successful product quite often faces the challenge of cloning - where other developers attempt to replicate its success. 

In this overview, we delve into how various companies respond to these challenges.

What are clones?

Clones imitate other popular games, often featuring similar designs, mechanics, and functionalities. These clones aim to capitalise on the original game's success by offering a similar experience to players.

Reporting infringement

If you suspect a developer of copying your game but believe they may not be intentionally violating your copyright, you can request they change their game. 

For example, in a recent case, Nexon, the publisher of The First Descendant, was accused of copying the iconography and weapon designs of Destiny 2. In response to these concerns, Nexon changed the in-game designs, stating that “The First Descendant, as a looter shooter game, was developed with a deep affection and respect for other games in the genre".

This case illustrates that not all cases require drastic measures; developers might be willing to modify their games to ensure uniqueness, as similarities can sometimes be coincidental.

DMCA Complaints

We have already discussed the DMCA process in our article DMCA know-how: How to protect your rights and assets in 2024.

To gain a better understanding of this law and safeguard your rights, we highly recommend that you read the article.

The Digital Millennium Copyright Act (DMCA) is a U.S. law that establishes digital copyright protection measures. Despite being a U.S. law, its mechanism is widely used across various platforms.

The process involves the copyright holder sending a notice to the platform, which initiates an evaluation process that may lead to the removal of infringing content.

• Take-Two Interactive vs. GTA Mods. In 2021, Take-Two Interactive successfully used DMCA strikes to remove mods and fan projects, such as GTA Advance PC Port Beta 2 and The Lost and Damned Unlocked for GTA 4​.
• Nintendo's DMCA Usage. Nintendo actively uses DMCA complaints to combat user-generated content. Recently, it used the DMCA to remove GitHub repositories hosting Yuzu emulator code​. We also wrote about how they are using DMCA complaints to fight user-generated content here.

The advantage of DMCA complaints is that they are relatively quick to file and do not require extensive evidence. Many platforms, like Steam, the App Store, and Google Play, have specific forms for submitting DMCA complaints.

However, this method may not always be effective as clones can resurface on DMCA - resistant sources or register under different accounts for content distribution. If DMCA complaints fail, pursuing legal action may be necessary.

Lawsuits

In contrast to the DMCA complaint, filing a lawsuit is the most reliable, but also, the most expensive method. Typically, clones are challenged on two grounds: (1) copyright infringement and (2) unfair competition.

1. Copyright Infringement

The strategy can vary. If platforms have previously avoided removing illegal content, a lawsuit against the platform may be warranted.

Ubisoft vs. Apple and Google. Unable to get a response from the platforms, Ubisoft sued Apple and Google, claiming they were selling a game that directly imitated Ubisoft's Rainbow Six: Siege. The game in question, Area F2, developed by Ejoy.com, was available on mobile platforms. 

Ubisoft alleged that Area F2 was a complete clone of its tactical shooter Rainbow Six: Siege. After the lawsuit, Area F2 was promptly removed from the App Store and Google Play Store. 

Ejoy.com did not cite the lawsuit as the reason for the game's removal but instead claimed it was to implement improvements for better player experience.

Another common approach is filing a lawsuit directly against the infringing party. You can demand to stop distributing the infringing content, as well as claim damages.

Riot Games vs. NetEase. Riot Games filed multiple lawsuits against NetEase, alleging that the mobile shooter Hyper Front infringed on the copyrights of Riot's game Valorant. The lawsuit, which was filed in numerous jurisdictions, cited substantial similarities in characters, weapons, and map layouts between Hyper Front and Valorant.

Despite attempts by NetEase to modify Hyper Front following Riot's initial complaints, Riot maintained that the changes were insufficient and that the game continued to infringe on its intellectual property. As a result of the lawsuit, NetEase announced the shutdown of Hyper Front's servers​.

2. Unfair Competition

This approach is often used for hypercasual games - mobile games that revolve around a few mechanics and might not be directly protected by copyright.

Voodoo vs. Rollic Games and Hero Games. Voodoo, the rightsholder of Woodturning, alleged that Rollic and Hero Games copied elements from Woodturning in their game Wood Shop and filed a lawsuit. Voodoo claimed that features like polishing, painting, and the ability to create real-world objects instead of abstract shapes were distinctive elements of Woodturning.

A Paris court ruled in favour of Voodoo and ordered the defendants to pay €125,000 in financial and reputational damages; remove Wood Shop from Google Play and the App Store, and publish information about the judgment in three newspapers or magazines of Voodoo's choice.

These examples show that combating clones involves a mix of negotiation, legal mechanisms like DMCA complaints, and, when necessary, litigation.

Each case requires a tailored strategy depending on the specific circumstances and the parties involved, combining proactive measures such as effective protection with strategic legal actions, including DMCA complaints.