Avoiding DMCA Woes As an Indy Game Developer? 494
androidstevep writes "I was just on the receiving end of DMCA takedown notice for my game in Android Market, 'Super Pac.' Namco Bandai have filed the notice with Google, claiming breach of copyright of their game 'Pac-Man.' Although my version is obviously inspired by the original arcade game, no original artwork or sound has been copied. The problem from my point of view is that the DMCA notice is not clear where or why the breach is alleged. My guess is that maybe the name is too similar, although I did a trademark search for 'Super Pac' before release and came up with nothing. Furthermore, Google have disabled my access to this app, presumably as required by the DMCA, so I am unable to even make whatever modifications would be required. As a part-time developer with limited means (i.e. can't afford expensive lawyers), but willing to make best efforts to avoid legal issues, how does one negotiate what seems to be a difficult minefield of trademarks, copyrights and DMCA? Does anyone have tips in this area?"
Try having an original idea (Score:5, Insightful)
"Instructions: Based on the classic arcade game Pac-Man, the aim is to eat all the pills in the maze, while avoiding the four ghosts. There are also power-pills available in each corner which temporarily turn the ghosts blue, and more importantly, edible! Bonuses are awarded for eating ghosts. Fruit bonuses also appear and can be eaten for additional points."
Of course you got an infringement notice.
What relation does this have to the DMCA? (Score:1, Insightful)
It's just a trademark violation.
Nothing personal (Score:5, Insightful)
Nothing personal, but seriously dude your game looks EXACTLY like Pacman. Not a little like, but exactly like. If you had made the game with marshmello's and a doughnut then I'd be saying "ya, those bastards!" but you just copied the game and gave it a new name. IANAL but if you copied my game, and put a new name on it I'd be a little upset too.
Counter-DMCA notice (Score:4, Insightful)
http://www.cs.cmu.edu/~dst/Terrorism/form-letter.html [cmu.edu]
http://www.chillingeffects.org/question.cgi?QuestionID=132 [chillingeffects.org]
http://www.crucialp.com/resources/tutorials/web-hosting/how-to-file-dmca-counter-claim.php [crucialp.com]
http://www.plagiarismtoday.com/2010/06/03/7-common-questions-about-dmca-counter-notices/ [plagiarismtoday.com]
Re:Try having an original idea (Score:5, Insightful)
This is a pretty blatant abuse of the DMCA unless the OP used some of their code or images to do it. The proper thing is to file the paperwork with Google affirming that there is no copyright violation.
If the OP has the funds to do it, he could also file suit against Namco Bandai for violating the requirements under the DMCA for filing a take down notice. There is a defined situation for cases where the party filing the takedown notice does so in bad faith that allows for damages. Personally, I wouldn't bother unless I was making a living on the product as it's tough to actually get enough money for the violation to make it worthwhile.
Clear case of copyright infringement (Score:5, Insightful)
Your game is a complete knock off of the original. From your website, it looks like you copied:
(1) the pac man character
(2) the ghosts
(3) the dots and power dots
(3) the style of the maze
This is clear case of copyright infringement.
You say that "no original artwork or sound has been copied", but this is clearly not true. If you draw it yourself to look like the original, it is still a copy. Instead of copying the original do something new. Change the characters. Put the bad guy box in a corner. Have the maze look different.
You clearly have trademark issues as well. "Pac" is distinctive so any name using "pac" will likely be a trademark infringement.
Re:Try having an original idea (Score:4, Insightful)
Erm, no. Gameplay isn't copyrightable, so what in that description makes you think it is a copyright violation? http://www.wisegeek.com/how-do-i-copyright-a-game.htm [wisegeek.com]
Do not wake the sleeping giant (Score:4, Insightful)
I agree with others. You could probably file a counter-DMCA notice, and be fine.
Then, NamBandiCo will take more notice, look at your game, and sue your pants and several layers of skin from you for blatant infringement. And they will (rightfully) win. And it will be good. For them.
So basically, count yourself lucky you only have a DMCA notice and call it a day.
But...but corpra$hun'$ are teh €eevu£! (Score:4, Insightful)
I must be in that episode of "Sliders" where they were in a world where a red traffic light was go and green meant stop.
Because on the slashdot in *my* universe, information wants to be free and anyone complaining about copyright/patent/trademark infringement is a exploiting an illegal artificial monopoly.
Re:Clear case of copyright infringement (Score:4, Insightful)
"Copyright infringement liability for a later work arises only if the later work embodies a substantial amount of protected expression taken from the earlier, underlying work. The later work must take enough protected expression (it does not matter how much unprotected material is taken, for the latter is open to the public) for the later work to be "substantially similar" to the earlier work." -Wikipedia.
That shit is blatantly infringing on the PacMan character, which is absolutely copyrightable. There's also the need for sufficient originality in a work, which this game does not have any of.
Re:trademark not copyright (Score:5, Insightful)
There's obviously going to be a judgment call at some point.
Are stories about boy wizard orphans all protected by copyright? Of course not.
But if you make a story about Larry Potter and his trip to Gogworts from platform 8 and 3/4s, you should expect to get sued as a copyright infringer.
In this case, one example of problematic content that would, I think, be infringing, is the maze itself (shown on the developer page). There are almost an infinite number of ways to structure a maze but at a glance, it appears he has ripped off the exact layout of one or more of the Pac-Man mazes. (Pac-Man and the ghosts seem nearly identical, too; was the artwork literally copied? It doesn't need to be. If you sit down and sketch a mouse that is "inspired by" Mickey Mouse, it doesn't have to be a perfect copy for it to be infringing.)
Re:trademark not copyright (Score:2, Insightful)
Re:Try having an original idea (Score:5, Insightful)
What is "creative" about making a clone of Pacman? It's funny how often on here people whine about copyright laws stifling creative and yet the things that are being held up as being stifled are clones of other works.
Just look at the screen shot... (Score:5, Insightful)
Put this image in front of an average citizen.
http://spwebgames.com/pacman/screenshot2.png [spwebgames.com]
Ask him what it is.
He'll say "Pac Man"
That's the guy that's in the jury of the trial figuring out if it's copyright infringement or not.
WHAT DOES IS MATTER THAT IT'S A RIP-OFF? (Score:4, Insightful)
Holy mother of screaming baby jeezus. I've been on /. for years and never have I seen such a frustrating thread as this.
Nintendo (or Namco or whoever they are) created Pac Man about 30 bloody years ago. Isn't that ENOUGH TIME for them to have made some money out of it?? Let it go to the public domain where people like this guy can re-interpret it (however incrementally) and maybe make it BETTER! If it's a boring clone, then it deserves to be - and will be - forgotten. If it's not, then cool!
To all those bleating "it's copyright infringement!" here: Would you have it that if I install the plumbing in your house, I should have the right to ask you for a payment every time you have a bath - for the rest of my life plus 70 years? And what do you think went on before about 1750? Was there no culture or innovation in the arts? There was no copyright then after all.
Can't you see that this post is a fantastic example of how we have been completely eaten up by crazy long copyright terms. WHAT DOES IT MATTER THAT THIS GAME IS A RIP-OFF OF A 30 YEAR OLD IDEA? I have no sympathy with cigar-smoking fatsos wanting to squeeze yet more money out of one person's ancient idea so they can build another swimming pool in their garden.
Absolutely none. I hope this little guy wins, and wins big.