Idea v. Expression: Game Studio Bluehole Gets Its Fur Up Over Epic Games Putting 100 Vs. 100 Player Battle Royale Into Game
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Of all the things that most people get wrong about copyright law, the idea/expression dichotomy has to rank near the top. The confusion over this is easily explained by the pervasive ownership culture that has emerged organically from an intellectual property ecosystem that only moves in the direction of more protectionism. Because of that culture, most people simply assume that the creation of the idea is itself a copyrightable thing, rather than the reality which is that copyright only applies to specific expression. The useful example at hand is that one cannot copyright a superhero named after an animal that wears a mask and a cape, but one can copyright Batman, particularly any books, comics, or movies in which Batman is depicted.As already stated, this reality evades many people. But it probably shouldn't evade those in industries dominated by copyright, such as the video game industry. Despite that, Bluehole, developers of the wildly popular PlayerUnknown's Battlegrounds developer, appears to have its fur up over another studio, Epic Games, releasing a "battle royale" game mode for its Fortnite title.In a press release this morning, PlayerUnknown's Battlegrounds developer Bluehole took a shot at Epic Games, calling out Fortnite for cloning the 100-man PVP gameplay style with its upcoming free update ‘Battle Royale.’“We’ve had an ongoing relationship with Epic Games throughout PUBG’s development as they are the creators of [Unreal Engine 4], the engine we licensed for the game,” Bluehole vice president Chang Han Kim said in the press release. “After listening to the growing feedback from our community and reviewing the gameplay for ourselves, we are concerned that Fortnite may be replicating the experience for which PUBG is known.” This is a game studio getting upset over what is purely an idea, not an expression. Having 100 players face off against another 100 players in a game mode is not expression and is no more unique than, say, first-person shooter games, itself a genre with innumerable entrants. Bluehole goes on to note that it is going to "contemplate further action", but whatever that action would be would not include a successful legal action against Epic Games. There is simply nothing remotely like copyright infringement here.Strangely, Bluehole also makes much of its claim that Epic Games referenced PlayerUnknown Battlegrounds to promote Fortnite, which sort of sounds like trademark law territory. The problem, both from a legal standpoint and from a public relations standpoint, is that this claim appears to amount to Epic Games applauding Bluehole on the Playstation Blog.This may be a reference to Epic creative director Donald Mustard’s note on the PlayStation Blog, in which he wrote: “We love Battle Royale games like PUBG and thought Fortnite would make a great foundation for our own version.” But that's neither trademark infringement nor evidence for copyright infringement. Even as Epic gives a full-throated acknowledgement that it is seeking to emulate a game mode from Bluehole's game, it's just a game mode, not a specific expression. That simply isn't copyright infringement, any more so than someone saying, "Doom was great, so now I want to make a first-person shooter game like it."Idea/expression dichotomy: learn it, folks. It will keep you from paying lawyers to lose a case for you.
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posted at: 12:00am on 29-Sep-2017
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Chinese High-Tech Startups: Now More Copied Than Copying
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Techdirt has been pointing out for a while that the cliché about Chinese companies being little more than clever copycats, unable to come up with their own ideas, ceased to be true years ago. Anyone clinging to that belief is simply deluding themselves, and is likely to have a rude awakening as Chinese high-tech companies continue to advance in global influence. China's advances in basic research are pretty clear, but what about business innovation? That's an area that the US has traditionally prided itself on being the world leader. However, an interesting article in the South China Morning Post -- a Hong Kong-based newspaper owned by the Chinese e-commerce giant Alibaba, which has a market capitalization of $400 billion -- explores how it's Chinese ideas that are now being copied:it's a reflection of a growing trend in which businesses across Southeast Asia look to China for inspiration for everything from e-commerce to mobile payment systems and news apps.Once derided as a copycat of Western giants, Chinese companies have grown in stature to the point that in many areas they are now seen as the pinnacle of business innovation. The article mentions dockless bike-sharing, which is huge in China, being copied in California by a startup called Limebike. It notes that Thailand's central bank has introduced a standardized QR code that enables the country's smartphone users to pay for their purchases simply by scanning their devices -- a habit that is well on the way to replacing cash and credit cards in China. In Malaysia, an online second-hand car trading platform Carsome based its approach closely on a Chinese company operating in Nanjing. Other copycats of Chinese innovators include:Orami, Thailand's leading e-commerce business, which started out as a clone of China's online baby product platform Mia; Offpeak, a Malaysian version of the Chinese group buying website Meituan; and BaBe, an Indonesian news app that borrowed the business idea from China's Toutiao and has been downloaded more than 10 million times. As the article points out, it is perhaps natural that entrepreneurs in Southeast Asia should look to China for ideas given the commonalities of culture. But that kind of creative borrowing can only occur if Chinese companies are producing enough good business ideas that are worth copying. It's evident that they are, and it's time that the West recognized that fact.Follow me @glynmoody on Twitter or identi.ca, and +glynmoody on Google+
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