Blue Hole and Tencent through the PUBG Corporation are quietly processing clones like Rules of Survival and Knives Out. In other words, NetEase is being sued for inspiration to create its two most popular games of the moment.
The PUBG Corporation had previously suggested that it could enact legal actions against “copies.” At the time, the knife seemed to be on Fortnite’s neck, but now the company focused on the two PUBG clones launched by NetEase for mobile devices: Knives Out and Rules of Survival. As discovered by TorrentFreak, a lawsuit was filed in the US District Court for the Northern District of California for claims of copyright infringement, trademark infringement, and unfair competition.
See an example of the complaints made in the 155-page document against the Rules of Survival and Knives Out. Link process.
Copy in Rules of Survival Game
49. Rules of Survival (“ROS”) is a video game that was developed and released by Defendants. The ROS was released for mobile devices in the United States around November 14, 2017.
50. In the information and belief, defendants created ROS by copying BATTLEGROUNDS and intending to create a version of BATTLEGROUNDS for mobile devices.
51. Based on information and belief, Defendants intended to create confusion among consumers as to the source of ROS and intended to mislead consumers into believing that ROS was developed by PUBG. Based on information and beliefs, Defendants intended to misappropriate the goodwill of the consumer in relation to PUBG to market and obtain economic benefits from the ROS.
52. Based on information and beliefs, there was indeed market confusion as to the origin and origin of ROSs, with consumers incorrectly believing that ROS was developed by PUBG. For example, ROS was mentioned in the market as “PUBG on Mobile”, “Mobile PUBG” and “BEST MOBILE PUBG”.
53. On information and beliefs, industry commentators have characterized ROS as a copy, “theft,” “imitation,” or “clone” of BATTLEGROUNDS. For example, one industry commentator noted that “fans viewed the game [ie ROS] simply as a rip-off of the highly successful ‘PlayerUnknown’s Battlegrounds’ (‘PUBG’)” because “all of this shouted ‘PUBG’ as most of its elements appear to have been taken from the popular Xbox One title. ”
Other industry commentators have repeatedly characterized ROS as
“Clone” or “knock-off” of BATTLEGROUNDS, or “[h] carefully modeled after” BATTLEGROUNDS.
54. About information and beliefs, the ROS application can be downloaded for free to a mobile device, and the ROS game can be played for free. Based on information and beliefs, Defendants released the ROS on the market at a cost equal to or below the goal of gaining market share before PUBG published BATTLEGROUNDS for mobile devices.
55. The ROS contains many elements that are substantially similar to the copyrighted elements of creative audiovisual expression in BATTLEGROUNDS.
It’s interesting to note that PUBG is not the only game that NetEase got “inspired”. Recently, the developer tested FortCraft, a game very similar to the success of the moment: Fortnite. Has FortCraft delayed why NetEase is also being sued by Epic games?
Plagiarism or Copyrights?
You have to separate things well. There is nothing wrong with “inspiring” an existing game. The problem is when inspiration confuses the player and makes him think that that game is a substitute for the official. Depending on the similarities, you can configure PLAGIO. This will depend on the Judge’s interpretation.
See More At AndroidDump.