How to protect your games : IP Protection?
The app by the famous New York Times Crossword creators is one of our favourite apps to exist on the playstore today. It offers various games including the full length NYT crossword puzzle, Mini crossword puzzle and many more including Wordle. This game gained immense popularity around 2021-2022. Created by Josh Wardle, and was quickly cloned and then eventually taken down. This game brought to fore-front the need to protect games available in the app stores, today. And the lack of knowledge in the community.
I have heard many of my colleagues say that online applications and games are not protectable under the current IP regime. THAT IS SIMPLY NOT TRUE!
How can we prevent infringement and protect online games?
Copyright: Its very hard to copyright an abstract game mechanic like the "guessing game of 5 letter". It seems that while the basic idea of a five-letter guessing game isn't legally protectable, the specific expression of that idea in a game like "Wordle" can be protected by copyright laws. This means that while others can create their own versions of the same basic concept, they can potentially run into legal issues if they directly copy the user interface, layout, or design elements of the original game. In the past, copyright claims have been used to shut down blatant clones of popular games like Tetris. It's important for developers to be mindful of copyright laws when creating games that are inspired by or similar to existing popular games, as directly copying elements of a game can lead to legal challenges. A similar copyright claim was applied to "Wordle - The App," an iOS clone that directly mimicked the look and feel of Wardle's Wordle. That's true even though the iOS version added features like different word length options and multiple daily plays. The clone's creator, Zach Shakked, was particularly brash in crowing on Twitter about the sudden success of his iOS version, which garnered hundreds of trial subscriptions for the game's $30/year "unlimited play" option. It was eventually taken down by Apple for copyright violation
Patent: A game developer can file for a patent on an original gaming idea, a legal process that has been used to strangle video game clones in the past. But applying and getting a Patent can be a lengthy process and can be challenged by prior art or if the mechanic is legally "obvious". However it is a must try for creators esp when your game presents a 'novel' idea.
Trademark Protection: Securing a trademark, both for your company and for the game title can offer legal protection against copycats. (Something that the Wordle creators did not do. Hence the confusion). However, trademarks must be formally registered to provide substantial protection. It is crucial to act swiftly in trademark registration to prevent others from claiming the title. Few other points to note when creating or protecting your online game:-
Upholding Intellectual Property Rights: Those seeking to develop a game should prioritize creating a unique user interface, layout, and design elements to establish a distinct expression of their game. This can offer legal grounds to challenge clones that replicate these distinctive features.
Ethical Considerations: Beyond legal measures, developers should consider the ethical implications of cloning popular game ideas. Cloning raises reputational and societal concerns, impacting not only individual developers but the gaming community as a whole.
Regulatory Compliance: App Store guidelines play a vital role in curbing the proliferation of game clones. Developers must adhere to these guidelines, emphasizing the creation of original ideas and designs to mitigate the spread of copycat apps.
Leveraging Native App Development: Building games as web apps, while beneficial in certain aspects, can present challenges in claiming app names and protecting against clones in platforms like the Apple App Store. Utilizing native app development can provide greater visibility and protection within app stores.
In conclusion, while the legal landscape surrounding game ownership can be intricate, developers can best protect their games by prioritizing trademark registration, establishing distinctive game expressions, exploring possibility of Patent and adhering to ethical standards in game development. By understanding and leveraging intellectual property protections, developers can safeguard their creations and contribute to a vibrant and original gaming ecosystem.
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