EA v Zynga: is there a case?
Electronic Arts announced Friday that it continues Zynga for copyright infringement, claiming that the City is a copy "unmistakble" social Sims. But there is a case and what it means for industry
Friday afternoon, Lucy Bradshaw, general manager of Maxis Games Studio, posted a message on the site of its publisher, Electronic Arts. The company would be filing a complaint against the giant Zynga Social Gaming for copyright infringement, claiming that Facebook Zynga Town Thurs is a direct copy of EA Sims own social. The blog post was angry, passionate and determined, which ends with the following statement:
As a game developer for many years, I know how it feels to put your heart and soul to create something unique and special for their fans to enjoy. Today we hope to take a position to help industry to protect the value of original works of creation and those who work tirelessly to create them.
U.S.later game site Joystiq legal document is reprinted in its entirety. In this document, Electronic Arts has identified a number of important similarities between the two parties, with some animations, gameplay elements and virtual goods through sequences and foreground display. Accompnying The text is clear:
Zynga Town, published June 26, 2012, is a copy of the environmental assessment office unique Sims. The City not only blatantly imitate the whole structure and style of play Sims Social Forum, but so close and copy the original expression, creative and unique elements of social Sims - that is, sequences animation, visual arrangements characters movements and actions, and other unique audio-visual elements -. the two sets are almost indistinguishable
This is, of course not the first allegations of this type have been made to Zynga. The company has faced legal action SocialApps developers on the similarities between his own title myFarm Zynga and Farmville. And in 2009, the creator of Facebook Zynga Mafia Wars Mob sim sued for breach of copyright by way comparable to the latter, Mafia Wars. Last year, The Learning Company has taken legal action against Zynga, alleging that the use of the Oregon Trail in sentence FrontierVille Zynga title infringed their copyright.
In the past, Zynga has always defended its approach to the iteration between the sexes. When questioned Gamesblog CEO Mark Pincus company recently said: "We do not believe that companies must take ownership of works of art from other people, but we do not believe that companies have no ownership in a class or kind as they were the first or more. People. "
The truth is that the company has issued a strong statement defending against the charge of EA, with the General Council of Zynga stating:
It's a shame that EA thought it was an appropriate response to our game, and clearly demonstrates the lack of understanding of basic principles of copyright. It is also ironic that EA brings to the game shortly after the release of SimCity office, which resembles nothing so much as Zynga Cityville Thurs. However, we intend to defend our rights as much as possible and try to win with the players.
- Thus, it is a case? Despite the wealth by EA convincing evidence, is far from certain. The criteria for cases of copyright infringement are strict and complex. Concepts of the game can not be owned and a selection of graphic similarity between the two parties is usually not sufficient to prove this statement. Even the great similarities in game would not be enough - unless it can be demonstrated that the developer has actually stolen the original source code from another company, which is not the case being brought here "In the case of video games, copy functionality does not constitute an infringement of copyright," says Alex Chapman of Sheridan business media law. "If the claims of success could be carried out in the field of artistic property, which protects the look of the game. In most titles is very difficult to prove, because when you simulate real-world objects are not be similarities in how they are represented would be a violation of a very specific artistic style - .. for example, the aspect of Habbo Hotel, which is very characteristic, but still, you have to show that a developer has reproduces a
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