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Geek Culture / What would you do if EA (or some other big game company) "stole" your game?

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Lonnehart
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Posted: 14th May 2009 23:13
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So it's been some time since you've finished your game. It's out in public and everyone's enjoying it. Suddenly you're visited by lawyers from Electronic Arts and they tell you to pull your game off the internet and you'll be sued for copyright infringment (or whatever that crime is where you plagerize someone elses work). And worse, they have "evidence" that they've been working on the game for months, and it's the exact same game you just made!

What would you do? What steps could you take to keep something like this from happening?

I doubt big game companies would do this. They've got lots of storywriters and other people to create games. I still ponder the question though...
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Tom J
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Posted: 14th May 2009 23:20
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You'd have the source code and all the media, not to mention the game would probably feel "indie" and not be like something on a big game dev budget. There's two things on your side

If you see a thread of mine in GDT, please don't expect it to go anywhere.
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David R
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Posted: 14th May 2009 23:26
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It wouldn't happen. EA and other big companies are unlikely to care enough about one guy outfits to chase them around if they have a game with a similar concept. They know they can sell their game, and that's all that matters.

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Yodaman Jer
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Posted: 14th May 2009 23:29
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What would I do? Cry.

"If you want lots of people to play your game make it simple; lots of people are simple." -Obese87
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NeX the Fairly Fast Ferret
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Posted: 14th May 2009 23:31
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Sue their asses is what I'd do. It might be expensive but the settlement would cover it if you have the evidence.

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David R
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Posted: 14th May 2009 23:33
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Thing is, big corporations like this will make it extremely difficult or just generally unattractive to begin a lawsuit. The cost is the obvious one, but no doubt they would find something else to hold against you to make it even less 'possible'.

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NeX the Fairly Fast Ferret
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Posted: 14th May 2009 23:35
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How could they possibly win? They have a game on the shelves and I have the vast bulk of the source and media.

Oh wait, I forgot, we don't live in a just world.

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Pus In Boots
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Posted: 14th May 2009 23:52
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"Hey, you stole our idea!"

"What, how come?"

"That's a first-person viewpoint being used there right?"

"Yes, but I don't see how-"

"ALPHA SQUAD! MOVE IN! KILL THE INDIE!"

83% of women tested found Pus in Boots irresistable. (Based on a survey of 172 women.)
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Herakles
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Posted: 15th May 2009 00:05
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If you made the game yourself, and you had the source code and media to prove it, all they could sue you for is that you're using concepts which are their intellectual property. But even then, they can't sue you unless you're making a profit off of it. If you are making a profit, then you have broken the law and that's your own damn fault.

But if they stole your idea, then they've broken the law and you should sue them. Unfortunately, big companies have a lot of money, and so it would be impossible for you to win even if there's evidence for your case staring the jury in the eye. That's just how corrupt the system is. But you should still try, 'cause what else are you going to do?

It doesn't matter if you came up with the idea at the same time as the company or if you honestly didn't know about the company's game (which would be kind of silly, seeing as big companys like EA trumpet their games as much as possible). In the eyes of the law, the party that can afford the best lawyer is the one who wins the case.

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bitJericho
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Posted: 15th May 2009 00:18
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Quote: "But even then, they can't sue you unless you're making a profit off of it. If you are making a profit, then you have broken the law and that's your own damn fault."


They can also sue you if they can argue that you caused them lost revenue. They can also sue you to never release it.

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puppyofkosh
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Posted: 15th May 2009 00:39
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I'd call Chuck Norris.
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Herakles
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Posted: 15th May 2009 01:40
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Quote: "They can also sue you if they can argue that you caused them lost revenue."


That's true. More reason why the system is so corrupt.

Swordfight! My cheesy little first game!
http://forum.thegamecreators.com/?m=forum_view&t=147808&b=36
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Encrypto Studios
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Posted: 15th May 2009 01:52
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just ask for a large sum of money to keep it quiet, much more than you would have gotten if you sold the game.

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Herakles
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Posted: 15th May 2009 02:14
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That's called blackmail, which is also illegal.

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http://forum.thegamecreators.com/?m=forum_view&t=147808&b=36
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DJ Almix
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Posted: 15th May 2009 02:18
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I would have the means to write a very rude and angry letter, and I would double stamp it .

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Aaron Miller
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Posted: 15th May 2009 02:19
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The right thing to do would be to sue them.

Rather or not you succeed it's bad publicity for the company, and if the company gets viewed negatively by the media (hopefully) then that'd be enough to make me happy.

Cheers,

-naota

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Darth Vader
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Posted: 15th May 2009 10:49 Edited at: 15th May 2009 10:50
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I would get there game and upload it to every torrent site I could!
........


EDIT:Just thought I should clarify, I in no way condone piracy. This is simply a joke.

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Mr Z
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Posted: 15th May 2009 10:54
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I would build a lego gun and threaten them with.

Just kidding, would sue them or something.

There is no greater virtue, then the ability to face oneself.
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NeX the Fairly Fast Ferret
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Posted: 15th May 2009 11:54
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@Darth Vader:

I think it'd be pretty justified; piracy in the face of piracy.

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Van B
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Posted: 15th May 2009 12:07
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I'd call the A-Team...

Do...do...doodoo...do...do....doooo

''I pity the fool who forcibly acquires the IP of non-profit organizations for financial gain, we gonna make em pay''


In reality there's probably very little I could do, probably just sulk.


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Fallout
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Posted: 15th May 2009 12:48
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I think the question is moot. In reality, I see one of only two things happening:

a) They like your idea so much, they approach you to buy it from you, or to publish it.
b) They like your idea so much, they then develop their own game using the same concept, but different enough to avoid copyright issues

They would never thieve your game. Big companies have legal departments which work to keep the company within the law to avoid any risk of being sued.
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David R
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Posted: 15th May 2009 13:16
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Quote: "How could they possibly win? They have a game on the shelves and I have the vast bulk of the source and media."


I didn't say they would win - I said they would make it extremely costly or difficult to initiate a lawsuit. For example, they could make several different counter claims against you, significantly increasing the cost for researching and defending each. Since they have a big legal department, they can swallow it even if they lose.

An indie developer on the other hand - once the sums get extremely large, it may seem better to cut your losses than take the risk of losing the suit and paying hundreds of thousands, if not millions (even if it's a slight risk) if you lose. It's unlikely you would lose - but it's still a gamble. And by making the odds extremely large, the corporations have a good tool to dissuade you from legal action

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NeX the Fairly Fast Ferret
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Posted: 15th May 2009 13:19
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I say take the risk. Don't let them get used to beating around the little people.

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Thraxas
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Posted: 15th May 2009 13:20
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Surely if you've finished and released the game and they've only been working on it for a couple of months, they copied you

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Striped Tiger Games
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Posted: 15th May 2009 15:13
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It would never happen. A huge company trying to sue one person would be ridiculous. Anyway, they know that chances are that no one will buy your similar game anymore once their's is released.
And they know you probably don't have what it takes to sue some huge company. They would hire some big name lawyer and destroy you.
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FredP
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Posted: 15th May 2009 17:39
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Quote: "They would hire some big name lawyer and destroy you.
"


Not my lawyer.He may not win but he is a total jerk which is why I pay him to be my lawyer.Win or lose...they'll never forget me!!!

Failing at every guitar game ever made!
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Jeku
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Posted: 15th May 2009 17:40
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Quote: "I say take the risk. Don't let them get used to beating around the little people."


Haha. You can say anything you want, but unless you have the thousands upon thousands of dollars to sue a large company like EA, you're dead in the water.

And this situation would never happen anyway.

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Samoz83
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Posted: 15th May 2009 18:47
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Quote: "unless you have the thousands upon thousands of dollars to sue a large company like EA, you're dead in the water."

pfft I don't need money i got Jack Thompson
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KeithC
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Posted: 15th May 2009 18:51 Edited at: 15th May 2009 18:51
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I would call out the Black Helicopters to hover around the EA Headquarters. That company's President would be looking over his shoulder for the rest of his life.

Just in case the Feds are reading this, I'm just kidding. No, really.....

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Quantum Fusion
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Posted: 15th May 2009 18:59
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I dont think it would ever happen like that.

Number 1 reason, for a large and well known company to sue a small time game studio or a hobbyist developer for a game they stole would cause a negative backlash on them, hence lost customers and lost income potential.

Number 2 they will avoid legal battles because they are very costly (even to the big guys), because they have to explain to the shareholders why they are wasting money pursuing a lawsuit with something like that.

Number 3 in a lawsuit, development on both sides stops, hence it will take much longer for them to finish a product and put it up for sale .... which will delay income, possible drop in stock prices and lost consumer confidence. Remember, trials can last for years.


At most if you've worked on a idea that they like, they will throw some cash your way own the IP rights, and if you're a company that does good work they would most likely enter talks to absorb you as a subsidiary. Because in the end its cheaper then a lengthy and time wasting court battle.


But you should be aware, anything you post on the internet (like a game idea, or game concept) its not protected under copyright. Only the models, assets, certain aspects such as names are, anything else is open game for anyone. Thats why I wondered why so many put up WIP's because anyone can make very close derivatives of your idea.

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mamaji4
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Posted: 15th May 2009 19:09 Edited at: 15th May 2009 21:54
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Quote: "Haha. You can say anything you want, but unless you have the thousands upon thousands of dollars to sue a large company like EA, you're dead in the water.
"


And that's the long and short of it.

If at first you don't succeed, relax. You're like the rest of us.
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Omega gamer 89
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Posted: 15th May 2009 20:45
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Quote: "It would never happen. A huge company trying to sue one person would be ridiculous."

Microsoft once threatened to sue 16 year old Michel Rowe for creating a website called "mikerowesoft.com"
Although, I do agree with you on some level. Its not very likely to happen, and it certainly isn't fair, but enormous companies suing individuals DOES happen.

If the good lord had intended us to go outside or have a social life, he wouldn't have invented the internet.
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Matt Rock
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Posted: 15th May 2009 22:27
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I could easily go off on a huge tangent about how massive corporations are destroying the economy and the very fabric of the "American dream," putting profits miles ahead of customer satisfaction, smothering and murdering a small business because it eats up 0.000003% of their profit margins, mass-producing garbage products that poison our children and ourselves, ignoring the ethos of quality before quantity, pyramiding prescription drugs and making patients sicker just to turn a profit... well, I guess I sort of just did that .

What would I do in this (highly unlikely) scenario? Let's say it's, I dunno, EE that they stole. I can prove I made the game and released the game in 2007 because of sales figures (however small they might be, lol) and bank statements. Also, the website that's been registered online for years and the published reviews will help. EA wouldn't have a case, even remotely, and would end up paying me many, many coins indeed . If it were a newer game that hasn't been released yet, I guess I'd be slightly boned, lol.

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mamaji4
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Posted: 15th May 2009 22:47 Edited at: 15th May 2009 22:49
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If at first you don't succeed, relax. You're like the rest of us.
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Pus In Boots
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Posted: 15th May 2009 23:42
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Quote: "I could easily go off on a huge tangent about how massive corporations are destroying the economy and the very fabric of the "American dream," putting profits miles ahead of customer satisfaction, smothering and murdering a small business because it eats up 0.000003% of their profit margins, mass-producing garbage products that poison our children and ourselves, ignoring the ethos of quality before quantity, pyramiding prescription drugs and making patients sicker just to turn a profit... well, I guess I sort of just did that .
"


All the more reason why America should be communist. Just picture it: The rich businessmen will become the "kulaks" working the land and trading corn and nintendo will reign down a Stalinist regime- you know, because Nintendo purges it's opponents whilst maintaining a near-religious presence in the eyes of the people.

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Diggsey
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Posted: 16th May 2009 01:58
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Here's what I'd do:
1) Firstly, tell them that if they pay you a small sum of money, that you'll do nothing about it (say £1,000 nothing to a large company).

2) Whether they give you the money or not, tell all the newspapers and media about what has happened, they love that kind of story, and may pay you a bit of money for it.

3) Once it's public knowledge, make a big deal out of taking them to court, and by this time you might have enough money to do something about it.

4) Keep the court case in public view, so even if they win, everybody will hate the 'big company'.


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Mnemonix
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Posted: 16th May 2009 02:52
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Out of curiosity, if you mailed all of your source code in printed format to yourself, and all your concepts etc. and then kept this envelope unopened, it would be post dated and you would be able to prove that you created everything in the envelope prior to the post date.

Mnemonix
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Jeku
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Posted: 16th May 2009 03:20
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^^^ Unfortunately from all the articles I've read on that method, it doesn't always hold up in court. Odd, I know.

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Libervurto
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Posted: 16th May 2009 04:51 Edited at: 16th May 2009 05:11
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Ask them for a job

Quote: " because Nintendo purges it's opponents whilst maintaining a near-religious presence in the eyes of the people."

Funny what a few cutesy characters will do.
"And Mario did striketh the golden cube, and bring forth from it the sacred mushroom which he did consume, and yay for he is holy did he expand to thrice his normal height, Amen."

Riddle: The more you take, the more you leave behind. What are they? Answer
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Darth Vader
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Posted: 16th May 2009 05:00
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Quote: "What would I do in this (highly unlikely) scenario? Let's say it's, I dunno, EE that they stole. I can prove I made the game and released the game in 2007 because of sales figures (however small they might be, lol) and bank statements. Also, the website that's been registered online for years and the published reviews will help. EA wouldn't have a case, even remotely, and would end up paying me many, many coins indeed . If it were a newer game that hasn't been released yet, I guess I'd be slightly boned, lol."
I picked a subtle hint in that paragraph! I wonder if you know what I mean?

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Matt Rock
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Posted: 16th May 2009 06:02
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Quote: "Out of curiosity, if you mailed all of your source code in printed format to yourself, and all your concepts etc. and then kept this envelope unopened, it would be post dated and you would be able to prove that you created everything in the envelope prior to the post date."

The fabled "poor man's copyright." Sadly though, Jeku is correct, it doesn't stand up in court, not in the US anyway. A URL has a better chance, though I don't really understand why, since the post office is marking the letter and that's not exactly easy to forge. Essentially, you need to prove to the court that the intellectual property is indeed your own original invention, without missing some wacky legal precedent set in the 1800's, lol.

Quote: "I picked a subtle hint in that paragraph! I wonder if you know what I mean?"

Yay! You got it, or I think you got it lol. A subliminal message that only a small handful of people will understand .

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Libervurto
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Posted: 16th May 2009 06:12
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Quote: "Quote:"I picked a subtle hint in that paragraph! I wonder if you know what I mean?"Yay! You got it, or I think you got it lol. A subliminal message that only a small handful of people will understand "

I don't get it but I have the sudden urge to kill, and steal all Matt Rock's programs.

Riddle: The more you take, the more you leave behind. What are they? Answer
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mamaji4
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Posted: 16th May 2009 09:23 Edited at: 16th May 2009 14:33
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Quote: "Haha. You can say anything you want, but unless you have the thousands upon thousands of dollars to sue a large company like EA, you're dead in the water."


To sum up, you have to be extremely financially secure to even think about it.

If at first you don't succeed, relax. You're like the rest of us.
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Lonnehart
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Posted: 16th May 2009 10:58
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So the message I'm getting here with all these posts is this; If big companies wanted to steal games from smaller independent game developers and hobbyists, they can do so with relative impunity??? O_O
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Aertic
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Posted: 16th May 2009 15:40
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I would demand all profits from the company that stole my game in a nice, long, awesome, letter... Well, it won't be nice... But it'll be awesome.



"Your greatest teacher is your harshest critic"-'Butterfingers'
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Seppuku Arts
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Posted: 16th May 2009 16:02
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Quote: "Quote: "I picked a subtle hint in that paragraph! I wonder if you know what I mean?"
Yay! You got it, or I think you got it lol. A subliminal message that only a small handful of people will understand"


Lol, nice one.

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Kevin Picone
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Posted: 16th May 2009 16:20
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You can certainly sue if you can prove it. This is literately as old as video games.. Aka Pong (http://www.pong-story.com/)


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Matt Rock
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Posted: 16th May 2009 23:04
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Quote: "I don't get it but I have the sudden urge to kill, and steal all Matt Rock's programs."

lol it was an inside reference aimed at MISoft people . And come on, I'm the President, my guards can snap your neck like a chicken .

Quote: "So the message I'm getting here with all these posts is this; If big companies wanted to steal games from smaller independent game developers and hobbyists, they can do so with relative impunity??? O_O"

No, if you can prove beyond reason of doubt that you invented it, EA or a similar company couldn't hope to beat you. Any decent lawyer would tell you if you had a case or not before you spent a fortune taking them to court, and you may even find a lawyer who'd take their legal fees out of whatever settlement or court decision you won.

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mamaji4
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Posted: 17th May 2009 22:47 Edited at: 17th May 2009 22:53
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If at first you don't succeed, relax. You're like the rest of us.
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