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  What happened to innovative games?
by Tyler York on 01/26/12 11:05:00 am   Expert Blogs   Featured Blogs
22 comments Share on Twitter Share on Facebook RSS
 
 
  Posted 01/26/12 11:05:00 am
 

NimbleBit feels that Zynga shamelessly ripped them off with their new Dream Heights game
Indie developer Nimblebit dropped a PR bomb on Zynga yesterday with it’s letter addressing the similarities between their hit iPhone game Tiny Tower and Zynga’s upcoming release, Dream Heights. This galvanized the gaming community, with thousands of people, from prominent bloggers to gamers on Reddit criticizing the company.

However, just after the new year, Atari ordered the removal of Black Powder Media’s Vector Tanks, a game strongly inspired by Atari’s Battlezone. This galvanized the community in a similar way, except this time, gamers were furious that Atari shut down an indie game company that made an extremely similar game.

Unfortunately, the line between inspiration and copying is incredibly blurry at best. The one thing that’s certain is that copying is here to stay. Copying has been present in some form since the dawn of capitalism (if you need proof, just go to the toothpaste isle of your local supermarket). The game industry is no stranger to this trend: game companies have been copying each other for years. Given it’s repeated success, there’s little reason to think that this practice will stop. Indie flash game studio XGEN Studios posted a response to Nimblebit, showing that their hit games were also copied:

XGEN's response to Nimblebit

Some would even argue that the incredibly successful iOS game Angry Birds was a copy of the popular Armor Games flash game, Crush the Castle, but then Crush the Castle was inspired by others that game before it. Social games even borrow many of their game mechanics from slot machines to increase retention. So what is copying, or more importantly, which parts of it are moral and immoral? Everyone seems to have a different answer, but it’s safe to say that people always copy the most successful ideas. The one thing that those in the Zynga-Nimblebit conversation seems to have overlooked is that everyone copies others in some way.

Imitation is not necessarily a bad thing as long as you make the idea your own

 

Of course, while imitation may be the sincerest form of flattery, it doesn’t feel good to be imitated when a competitor comes after your users. In this case, people may question Zynga’s authenticity and make a distinction between inspiration and outright duplication. But at the same time, Zynga’s continued success with the “watch, then replicate” model shows that marketing, analytics, and operations can improve on an existing game concept. Or just give them the firepower to beat out the original game, depending on how you look at it.

I want to hear your thoughts: Should game companies be encouraged or punished for taking the best ideas from other games? Where do you draw the line between inspiration and duplication? Sound off in the comments.

 
 
Comments

Erik R
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Game companies should be encouraged to take the best ideas from other games. They should be punished for taking ALL of them.

Tyler York
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That's one way to draw the line :)

E Zachary Knight
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If by punished you mean, "Infomr the market of the clone and let the consumers decide which game to support" Then yes I agree. However, if by punish you mean, "Sue the cloning company or do something to financially harm them outside the fair market." Then I completely disagree.

When we talk about punishments for acts of inspiration, we are toeing the line of what has happened in the patent arena. Patents have gone from a tool to help inventors succeed in the market place, to a tool to prevent inventors and innovators from succeeding. This is a dangerous path for game design to head down.

I encourage you to listen to this entire episode of THis American Life and seriously rethink your idea of punishment for acts of inspiration:

http://www.thisamericanlife.org/radio-archives/episode/441/when-paten ts-attack

Bernardo Del Castillo
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It sounds simple enough Erik, but I dont think its simple in practice. I suppose the authors in Zynga will defend the authentic originality of their game, and wf you look it piece by piece maybe it is not so blantantly cloned (even if it clearly feels like more than just heavy inspiration).

But @E Zachary Knight... It seems hardly fair that a bigger company with more means to make a bigger game, polishing it further and adding more content, adressing the shortcomings of a genuinely independent product.

If you pit them against each other, under the public's generally uninformed eye, I would hardly call it a fair fight, they will definately go for A: the one their friends are playing or they see advertised, and B: whatever is more polished and gives them more playtime. Observing some of the feedback weve had with our games, it's pretty plain to see that the general audience doesn't even read descriptions of the games they do purchase. It's a bit much to expect them to inform themselves of games they just happen to see at the store.

That said, yeah I'm all supportive of a self regulated amorphous market that on itself denounces plagiarism... But it does seem it would be the jungle out there. I say we stone them to death! get your best Pitchfork / Torch!

I honestly suppose that this responsibility should actually fall on Apple, or whoever keeps the store (even if this is wildly unpopular and a horrible business decision). If they are so touchy with their own IP when it comes to their devices (Yes Apple, I'm looking at you when you ban samsung tablets from being sold), they should really be coherent when it comes to the space they have enabled for software distribution. Of course noone likes to mess with providers when you are the sole winner of all the competition in the end.

David Reeves
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It's one thing to copy and quite another to be inspired by a new angle. The question is, does it contribute to the Game or is it a clone of someone else's collection of ideas?

Tyler York
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Yeah, I think cloning is a decidedly different thought process than gathering inspiration. However, I like to assume that most people have the best intentions, even when they look like copycats.

Gerald Belman
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Well I think you have to look at each case individually. That is why we have judges. If our system of morality could be broken down into a computer program - we wouldn't need judges.

In THIS case, I would say the tower defense game type has been done so many times in so many different ways by so many different people - that there is no purpose in protecting it intellectually.
And who owns the concept of the gauntlet? Klingons probably. Like maybe Worf during his Second Right of Ascension.

I think Klingons have a copyright/patent on tower defense games.

Ara Shirinian
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Jim Jarmusch is too extreme. Some things are truly original. But originality is not the most vaulable thing ever either.

Brian Arthur
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Maybe the new Bioshock will set a new standard. "Dishonored" looks great on paper. Jim Jarmusch was right. Think of Music as an example, you know how many times the chord structure 1,4,5,6 has been used? In the same key? It all depends on the strum and the beat if the artist/developer wants to fool you. Pertaining to the gaming industry of course, most games execute the same formula now a days. Developers are just good at masking it with smoke and mirrors. You want as close to original as your gonna get? I would try Subscribing to PS plus, or Steam, or Gamefly. All of them have an excellent choice of games I have never even heard of, some are great too.

Matthew Downey
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It may be hard to innovate every year, but if you can then clones will not (largely) impact business. Personally I don't like condemning people for clones because you cannot draw a line. When some people inadvertently copy and others deliberately copy, it can be hard to tell who is the fraud.

I have never liked patents or trademarks because they (sometimes) slow down innovation upon ideas in order to reimburse research and development or, in the case of leaderboard patents, punish re-invention. Morally, if you copy a game closely, you should donate a cut to the original, but the original should not have any temporary monopoly either. If a clone refuses to pay tribute to the original (whether money or advertisement), then that becomes an iffy situation. Personally, I think both should just coexist. Morals can't be forced on others, so inventors might as well deal with it without feeling cheated, it'll reduce their stress exponentially.

Even more important than donating to the original is paying it forward and investing in small indie companies with big ideas.

All opinion, of course.

E Zachary Knight
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Personally, I would not recommend any kind of royalty or attribution process for being inspuired or cloning another game. That sets a dnagerous precendence in game design. It adds to the cost of development and will end up with an entitled generation of game designers looking to cash in on any design that can be remotely similar to their own. Even if it never becomes law, if it happens enough, people will eventually come to expect it and when it doesn't happen they will lash out through the legal process. That is not something I want to see happen to this industry.

Jakub Majewski
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Eh, if I produce a pair of shoes, am I doing much beyond cloning an original design? People will choose between my shoes and other shoes based on different factors - price, workmanship, visual aesthetics and, very rarely, features (most shoes really don't have any features different than all other shoes - and even when they claim to have something, we tend to go, "pfft, they're just shoes").

It does feel insulting that someone would take your idea and produce it as their own, but it's par for the course - we gotta deal with it. Even if someone makes an outright clone of your game, it's still a perfectly fair thing to do. Will you lose money because of it? Well, that depends on how good your game is, and whether or not the clone is better (or at least better value for money). If you're good, you have nothing to worry about - if you're bad, you *should* have everything to worry about.

Erik R
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It also depends on how much money you have. Your game can be as awesome as you like, when someone clones it and then throw a million bucks in marketing at it to reach everyone, everywhere, you're going to lose a lot of customers.

I believe that's how Zynga crushed their first competitors out of the market. Copy something, then drown the competitor out with ads.

E Zachary Knight
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Erik,

Some companies do diferent things better than others. Some companies can see a design and improve it. Others see a game and improve the graphics or the sound or the AI. Other companies can do marketing better. That is not something that needs to punished.

Now if Zynga is out spending your marketing efforts, that can be frustrating. However, money is not the only way to get word out about a game. Take what Nimblebits did. They couldn't afford to out market Zynga, so what did they do? They got hundreds of game news sites talking about their game in a single day. There are at least 6 articles on Gamasutra that reference their game or company.

William Barnes
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I also think there is another factor that is often overlooked, especially when patents and copyrights are being used as war hammers on others (by patent trolls or those who've already made a large profit off something.) That being: Is the cloned game something that is currently making money for its developers (or should I say, its publishers?) Or is it mothballed and hidden away in the vaults because it no longer made a company any money?

Bart Stewart
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Let's extend the question: how do pro-copying folks feel about Microsoft copying the capabilities of NetScape in their Internet Explorer product? Should the judge have forced Microsoft to cease and desist all of its J++ improvements to Java?

I thought the Godard quote was the most important bit. If you only do what others have done, that's copying. If you take what others have done and add something significantly original to it (i.e. not just a few new art/sound assets on the same set of mechanics), then you are contributing something positive to the field and are ethically OK. Minecraft is distinctively more than just a reskinned Infiniminer.

Of course, deciding "significantly original" is a subjective call....

Michael DeFazio
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Taken to the (no game ideas can be protected) extreme...
we'll have a future where:
"Publishers with the best marketing department win"
(assuming the tools and talent to copy become more of a commodity)

The opposite extreme (Profitability by litigation or "Sue everyone")
we have a future where:
"Publishers with the best lawyers win"

Either outcome is bad for the small indie developer. Whether Zynga copied Tiny Tower is subjective, but I do applaud NimbleBit's actions for getting the word out this way, (at least the informed public get to decide whether this is a blatant rip-off).

It is hard enough for indies to make a decently popular game for mobile (like 1 in 1,000), much less a profitable one. If the big guys just sit around and clone anything that get popular, that's not good for the little guy. (What if they offer a free ad-supported knockoff alternative to a popular paid indie-developed title).

Louis Png
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Wow, this had been the most talked-about topic as of late.

My opinion: Borrowing mechanics and gameplay is fine, just make sure you do it justice by improving it, or implementing it into your game so darn well, anyone can refer to the original, yet still see your originality.

Case in point: Uncharted vs Tomb Raider.

Both game employs similar mechanics. Tomb Raider is the original, innovative and exciting. While Uncharted uses the same gameplay, what makes it better is the ability to blend the mechanic so well with the game, with story, characters, setting and flow.

From such, we can see how "copying" can result in two similar games, but providing different experience. That's how a developer should copy.

For improving, we look at Puzzle Quest and Bejewelled.

Both are similar match-three games, but Puzzle Quest went beyond that by using the match-three mechanic to create a puzzle-RPG.

I won't blame a developer for copying a mechanic. But I will blame him if he do use it mindlessly, without improving OR implementation.

Christopher Corbett
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Tomb Raider is an interesting example in that the upcoming Tomb Raider appears to have been informed by Uncharted. Ultimately this is perhaps the best scenario for development as related to this topic. Creatively and ethically making previous work "their own" while building on that work. Innovation can happen in both increments and broad strokes; with incremental strides often being more comfortable for the people funding and purchasing products.

Joseph Benkual
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Its definetly not cut and dry how closely you can copy a game without being unethical. However, the answer is clear, if you want to avoid this situation then make a game that isn't trivial to copy.

Nick Harris
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I look forward to the day when the best games are Open Source, endlessly episodic, modded, retrofitted to encompass new genres, until they eventually transcend the vision of their original makers, the scope of their original control interface and the vibe of their original aesthetic, free themselves from the strictures of a pre-determined scripted narrative and embrace thematically-coherent procedurally-generated role-play via a rewards system that values how well you played your role - the demise of which would no longer be GAME OVER as the "Kudos" gained from play would determine your choice of next character.

Games of such complexity could not be developed by commercial interests. There is such overlap in what independent / hobbyist developers need from Middleware that their contribution to a free Open Source alternative is an inevitability. The quality of presentation in AAA games will plateau with the next generation (if the costs don't already mean that they have already got as good as they can get, due to the financial ceiling imposed on production costs by art and animation, rather than any technical hardware restrictions), allowing everyone else to catch up. Their efforts may never qualify as AAA, but their quirky aesthetics may have more charm than another bunch of balding Space Marines and swordswomen with jiggle-Physics.

Techni Myoko
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The race to the bottom, $1 iOS games happened.
that's not enough money to be creative

You want creative? Buy a vita, pay for for real games


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