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This article was authored by Futura Digital head Alina Davletshina and associate Evgeniia Shikholeva.
In the competitive gaming world, successful products often face the challenge of cloning, where other developers try to replicate their success.
Here, we explore how companies respond to these challenges.
Understanding Clones
Clones are games that imitate popular titles, featuring similar designs, mechanics, and functionalities. They aim to capitalize on the success of the original game by offering a familiar experience to players.
Dealing with Copyright Infringement
If you suspect a developer of copying your game unintentionally, you can request them to modify their game.
For instance, Nexon, the publisher of The First Descendant, was accused of copying elements from Destiny 2. In response, Nexon changed the in-game designs, emphasizing their respect for other games in the genre.
Not all cases require extreme measures; developers may be open to modifying their games to ensure uniqueness, as similarities can sometimes be coincidental.
Using DMCA Complaints
Familiarize yourself with the DMCA process to protect your rights and assets effectively in 2024.
If you suspect a developer of copying your game unintentionally, you can request them to modify their game.
The Digital Millennium Copyright Act (DMCA) is a U.S. law that provides digital copyright protection measures. While a U.S. law, it is widely used on various platforms.
DMCA complaints are quick to file and do not always require extensive evidence. Many platforms have specific forms for submitting DMCA complaints.
Legal Action and Lawsuits
When DMCA complaints fail, legal action may be necessary. Filing a lawsuit is a reliable but costly approach.
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Copyright Infringement
Depending on the circumstances, you may consider taking legal action against the infringing party or platform.
Unfair Competition
This approach is common for hypercasual games that may not be directly protected by copyright.
Combating clones involves a mix of negotiation, legal mechanisms like DMCA complaints, and, when necessary, litigation.
Each case requires a tailored strategy, combining proactive protection measures with appropriate legal actions to combat clones effectively.