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The Courts Games

PUBG and Epic Games, Makers of Two of the World's Most Popular Video Games, Set To Battle in Court (bloomberg.com) 174

PUBG, an affiliate of South Korean studio Bluehole, is suing the Korean unit of North Carolina-based Epic Games, arguing that its smash hit Fortnite copies many of the characteristics of its own PlayerUnknown's Battlegrounds. The suit, alleging copyright infringement, was filed in South Korea. From a report: PUBG introduced its game last year and it became a huge hit as players embraced the Hunger Games-style concept in which 100 players race to kill each other until there's a sole survivor. But the game's features have been embraced by rivals, prompting earlier legal action. Fortnite has a similar concept of 100 people competing with each other, but differs by letting players build fortifications similar to Minecraft and using more cartoon-like graphics aimed at younger players "This is a measure to protect our copyrights," PUBG said, declining to provide further details. Epic Games didn't immediately respond to requests for comment. The two companies have a complicated relationship. Epic Games provides PUBG with its Unreal Engine technology, which was used to create PlayerUnknown's Battlegrounds. The software is instrumental in building games and is the industry-standard for professional games developers. Both companies are also partly owned by Tencent Holdings, China's internet giant.
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PUBG and Epic Games, Makers of Two of the World's Most Popular Video Games, Set To Battle in Court

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  • Hunger games? (Score:5, Informative)

    by Anonymous Coward on Tuesday May 29, 2018 @07:36AM (#56692498)

    I think you meant to say 'Battle Royale'..

    • by Anonymous Coward

      For the uninformed. Battle Royale is Japanese Manga/Anime/Movie. That is a basis for both Hunger Games (even if author refusses to admit she ripped it off) and PUBGe (even if they don't want to admit it either).

      The manga features a classroom that gets dumped into an island with the premise of 'Last Man Standing', they each get a random weapon (sounds familiar?), some of them useful, some of them not. There's no shrinking teritory, but there is a time limit and one of the items given out is other player loca

      • Re: (Score:1, Informative)

        by Anonymous Coward
        There is shrinking territory: forbidden zones where if you linger, your collar goes boom...and as time goes on, more are added.
      • by Cederic ( 9623 )

        Battle Royale is Japanese Manga/Anime/Movie

        Technically it's a novel; the rest followed that. Most people know it through the film.

        That is a basis for both Hunger Games (even if author refusses to admit she ripped it off)

        Those books feel influenced more by John Wyndham and John Christopher than by Battle Royale.

        PUBGe (even if they don't want to admit it either).

        Nonsense. Last man standing games have been an online multiplayer gaming staple since well before Battle Royale was written.

    • by nitehawk214 ( 222219 ) on Tuesday May 29, 2018 @10:01AM (#56693196)

      * with cheese

  • Unless they think they can patent a genre this'll end badly, especially as they are trying to jump back on the fortnite wagon with stuff like weapon skins, except cs:go was in before both of them with that, will they then have to pay to valve who will have to pay on to rainbow six for the multinational elite law enforcement aspect until it all comes back to doom who quitely pay on to maze war or something?

    Ask silicon knights how suing epic for something stupid goes.
    • They didn't even invent the genre. Almost every element being sued after was in Ark survival of the fittest, and even that took a lot of elements from the original Minecraft hunger games whatever it's called mod

      • ARK is not a Battle Royale game. Secondly, the creator of PUGB has other Battle Royale games that predate ARK.

    • by Anonymous Coward

      Silicon Knights... funny story, I worked in the same building as their office. After it was emptied, the building manager let me in to get a new desk as everything left was abandoned to the building. Was such a surreal feeling.

      I found it amazing how they think they can take the unreal engine, basically do a ctrl+h and replace anything that says Epic to Silicon Knights, and then sue Epic saying it's their engine. Mind blowing.

    • Unless they think they can patent a genre this'll end badly,

      They don’t think they can patent a genre. That’s why this is about copyright infringement. Not that that makes there case any less silly.

      • It could be more silly or less silly depending on the details. It would be less silly if PUBG is suing over items which are unique for example a helmet that is easily identifiable. It would be more silly if PUBG is suing over items which are not unique like real world guns like a Glock 19.
    • by Anonymous Coward

      It also sets a bad example for the future. The culture that allows these minor variations between entertainment products might be in danger. Without it, we couldn't have the simultaneous holiday smash hits of Armageddon and Deep Impact, witch were variations of the same movie but for different audiences.

    • Re:Bad plan (Score:5, Interesting)

      by nitehawk214 ( 222219 ) on Tuesday May 29, 2018 @10:02AM (#56693206)

      PUBG are the same idiots that thought they could copyright the concept of using a frying pan as a weapon, or using default graphics assets.

      So, yeah, they are probably that stupid.

    • It's not the genre. But let's be honest. They completely copied the start up scenario swapping a plane for a bus, parachuting in, and the shrinking zone. They used the similarities in the early days entice players over with its familiarity. I'm not saying its a case they should win, that's not my area of expertise, but I can certainly see it being brought up.

      • by Cederic ( 9623 )

        Parachuting in.. Battlefield Vietnam, if not before
        Random start position.. in an online multiplayer 'last man standing' game in 1992
        Shrinking zone.. added to that game in 1993 or 1994

        These aren't new or unique ideas.

  • by Anonymous Coward

    PUBG did certainly not come up with that game concept, the DayZ mod did it in ARMA 2 back in 2013.

    They are the ones who should start lawsuits if anyone.

    If PUBG actually wins this case it would be embarassing that we can have such shitty copyright laws IMO.

    • Even the DayZ mod got its ideas from a popular minecraft mod. And these guys know it

    • by Anonymous Coward

      No respawn Quake deathmatch for example did it in the mid 90ies

      There are probably earlier examples as well.

      • But did it support a 100 or more users?

        You see, it clearly is now a wholly new patentable game because obviously supporting more users makes it TOTALLY different.

        USPO - Oh, wow...you're totally right. Patent granted.

        • No one is being sued over patents. Secondly, what does the USPTO have to do with South Korea? You know, the country the lawsuit is filed in.

          • A U.S. patent and a Korean patent can arise from an application pursuant to the Patent Cooperation Treaty of 1970 [wikipedia.org]. This establishes, among other things, a filing date and a preliminary search for prior art on which national patent examiners can rely, though each member country has the authority to grant a patent or not.

            • Sure but the USPTO can't issue patents in South Korea. And again, the lawsuit has nothing to do with patents in the first place.

        • It's no more (or less) absurd than Amazon patenting 1-Click or Apple patenting everything they can think of (that they didn't actually think of, they just copied and painted gloss white)
          • Execpt no patents are involved. This is all about claims of copyright infringement.

            • If anything that makes the suit more irrational, not less. Any sensible sensible judge who understands technology would have tossed every one of these lawsuits.

              copyright law protects only the expression of an idea and not the idea itself. In other words, copyright can only prevent the copying of a particular expression of an idea i.e. copying of source code or a portion of it, and not the copying of the idea/functionality

    • by Lunix Nutcase ( 1092239 ) on Tuesday May 29, 2018 @08:30AM (#56692758)

      PUBG did certainly not come up with that game concept, the DayZ mod did it in ARMA 2 back in 2013.

      The guy who made the DayZ mod is the creator of PUGB. So, yes, he did come up wih the game concept used in DayZ.

      • I have no idea what the real law is but all of these games are almost exactly copying the concept from the movie Battle Royal. If anybody has a copyright claim seems like would be the people who made the movie .

        • I have no idea what the real law is but all of these games are almost exactly copying the concept from the movie Battle Royal. If anybody has a copyright claim seems like would be the people who made the movie .

          Or the WWE (formerly known as WWF), from the 1980s. Or tournament melees from the 1400s.

    • by dohzer ( 867770 )

      Unless DayZ has changed significantly in the last five years, it's nothing like PUBG. DayZ is a massive map zombie survival game with PvP action. No simultaneous aircraft drop, no contracting circle, no care packages, no hope.

  • by MCROnline ( 1027312 ) on Tuesday May 29, 2018 @08:08AM (#56692628)
    Will the court shrink as time goes on? With the last lawyer standing getting a bonus?
  • Well. (Score:4, Insightful)

    by ledow ( 319597 ) on Tuesday May 29, 2018 @08:11AM (#56692638) Homepage

    I'd be much more worried about Overwatch vs Team Fortress 2 in that case.

    Pretty much the same game, different graphics.

    • Or Heroes of the Storm vs DOTA 2 vs League of Legends. Seriously, it's all the same game. Made all the more confusing by the fact that the original DOTA was Defense of the Ancients - a mod (for lack of a better term) for Warcraft 3 (a Blizzard game). And yet Heroes of the Storm (made by Blizzard/Activision) is actually the most recent of that list of copycats and the least likely to be able to claim copyright infringement in that case.

      Not that it matters. I suspect the ruling will be that general game m

      • Not that it matters. I suspect the ruling will be that general game mechanics are not protected by copyright law.

        I'm reading through the complaint right now, it looks like that's the situation. Most are scène à faire look-and-feel elements and gameplay elements, neither are protected. The trade dress claims are based on scène à faire (standard elements for the style of game) elements.

        Reading through it, there are: Look and feel of pre-game lobby, islands with bridges, towns, farms, rural and urban areas, battlefield noises, weapons and armor, these are all scène à faire. Others are no

        • by MrDoh! ( 71235 )
          Yeah, and for everyone of those things they'd list, there'd be h1z1 showing the same screenshot as pubg but earlier. Ok, PU came in as a consultant, but the game was out before he turned up, with all those same things! The second pubg wins this case, everyone's going to jump on them. Can't see this ending well for anyone but the lawyers on an hourly rate.
      • I suspect the ruling will be that general game mechanics are not protected by copyright law.

        I don't think there's any suspicion at all. Board game mechanics cannot be protected by copyright, so the same standard will be applied to computer games as well.

      • DOTA actually wasn't the first Warcraft 3 custom map in its genre. There were many variants of a game called Aeon of Strife which mostly just used the default abilities. I'm not even sure if these maps were the first.

        Also, there was a lawsuit about Heroes of the Storm because they were originally going to call it DOTA 2 until they found out Valve hired the developer and was working on DOTA 2. This is why with Starcraft 2 they made it explicit that they own the rights to any custom games uploaded.

    • This statement is distressingly ignorant about the amount of novel work (technical, design, etc) that has gone into former.

      (source: I've worked professionally in the game industry for ~8 years)

      • by pots ( 5047349 )
        The test for copyright infringement is not how much effort you put into your derivative work.

        I expect Bluehole's suit to fail, just as Valve's suit against Blizzard would fail, but this is not because the one game isn't copying the other. They are clearly copying their predecessors. It's just that game mechanics aren't copyrightable. (Yet... ::sigh::)
        • Dude, everything copies everything. "We stand on the shoulders of giants", "Great artists steal", etc. It wasn't that long ago that games like Half Life were called Doom clones, derivative, etc. Now many of those games are held in critical esteem, because the recognition of the novility won out over the originality purists.

          Fortnite copied PUBG which copied Day Z (yes, I know, same guy, but a copy is a copy) which copied from Battle Royale which copied from Lord of the Flies. And yet, if someone says "I love

  • 1) Yes, growing up we called this a Battle Royal, as mentioned above.

    2) Wasn't there a rather popular Minecraft mod called "Hunger Games"

    ???

  • by Qbertino ( 265505 ) <moiraNO@SPAMmodparlor.com> on Tuesday May 29, 2018 @08:36AM (#56692784)

    This is so abysmally stupid I can hardly believe it. PUBG is basically a better asset flip. The only thing that it has going is a neat new game mechanic and a reason to multiplay on a larger map. Other than that there is zilch innovation in the game. PUBG is going to lose big time. Indie Game critic Jim Sterling did a perfect analysis of this situation. [thejimquisition.com]

  • PUBG uses the Unreal Engine, which is owned and maintained by Epic. They could revoke their license on the platform and PUBG would be SOL. Perhaps they're looking for a huge payday before shutting the game down because they're not getting any new players.
    • Or re-port it to ARMA's engine?
      • by MrDoh! ( 71235 )
        Or port it to DBG's Forgelight engine, then after a year sue them for h1z1 copying them but going back in time and doing it earlier.
        • Or port it to DBG's Forgelight engine, then after a year sue them for h1z1 copying them but going back in time and doing it earlier.

          PUBG know very well what a total pile of shite Forgelight is, they wouldn't touch it with a 10 foot pole, even with the massive stupidity of suing Epic.

    • IIRC, as part of other lawsuits' settlements, Epic has agreed not to intermingle its game business interests and its engine business interests.

    • That would likely break laws.

  • Call of Duty 4 is getting a battle royale mode [kotaku.com].
  • by ageoffri ( 723674 ) on Tuesday May 29, 2018 @10:06AM (#56693222)
    The legal systems around the world has failed The People. We as civilized citizens must hold the companies accountable and more importantly the legal staff. The top 50 lawyers from each company shall be placed in an arena with a variety of weapons. If there are not 50 lawyers, then the top executives starting at the CEO shall fill out to meet the 50. The last company representative breathing shall have their companies position upheld.
  • by UnknowingFool ( 672806 ) on Tuesday May 29, 2018 @10:10AM (#56693244)
    I think it was in April that PUBG sued NetEase for two mobile games for copyright infringement [rollingstone.com]. This copyright lawyer, Leonard French goes over that suit and discusses elements of it [youtube.com]. While French talks about general concepts of copyright infringement like "substantially similar" requirements he also talks about specific things like PUBG's claim that NetEase "copied" guns which were real world guns is problematic as you'd expect a Tommy gun to look like all other Tommy guns.
  • by sakono ( 4659761 ) on Tuesday May 29, 2018 @10:58AM (#56693500)
    isn't this whole game basicly just a last man standing game? most of the old FPS's had a game mode called last man standing that does the same thing. you get one life and the last person thats still alive is the winner. PUGB didn't even come up with the winner winner chiken dinner as thats been around for ever.
  • Or more specifically, "Last Man Standing, but with 100 people." Your game isn't even original to begin with here.

    I hate it when organizations and entities I like do incredibly shitty things. Have fun hanging out with Lars Ulrich, I guess.

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