Social game developer cloning annoyance: 2 per week of Shanzhai impact

Because of the low threshold of social game development, the phenomenon of Shanzhai has become a worldwide problem, through the legal protection of high difficulty. Many manufacturers recommend the use of technical barriers to protect their own rights and interests.

Burson Interactive CEO Zhang Wei introduced, the current domestic market a relatively good game, there will be 5-10 of Shanzhai works.

Because of the low threshold of social game development, it is difficult to safeguard by legal means:

Software copyright through the "creative expression dichotomy" way to protect, only to protect the game's source code, do not protect creativity. If you catch a popular social game to copy, as long as the organization of a team of 3-5 people, spend 1 months to write the source code.

Developer frustration: There is no way to avoid plagiarism

Burson Interactive CEO Zhang Wei said that the current domestic shanzhai mainly has two kinds of situation: the leading developers insist on the original, but also on the imitation of foreign games and localization; second-tier developers, the team of about 3-5 people, no creative, fake other people's works, this behavior is more harmful.

At least two Shanzhai products, including domestic and foreign, appeared every week.

Coo Wanlong said there was no way to avoid plagiarism. No social game developers have taken legal action in the country. "You can't restrict others to use the same ideas as you. Game technology, deep-seated algorithm is protected by patent, but your product design ideas are not protected. ”

According to Ao Rongsheng COO Fan Shuhao, there have been no lawsuits about social game issues.

Hot Cool CEO Yong introduced, "Sunshine Town" and other products have been shanzhai, had to imitate their own game of the company sent a lawyer letter. "Domestic shanzhai phenomenon has been everywhere, heinous." The international market is better, such as some companies to copy the form of the game, but the play is different, some of the domestic even names are copied. ”

Magnetjoy CEO Guo Qirui also said it is impossible to prevent the cottage. "China's cottage does not have the bottom line, directly copy code, copy material, our game even comments are copied past, I agree with the cottage company said to me: do not fear other people to do products. ”

Measures: Improve technical barriers and speed up innovation

The representative of the Palestinian era, "Ba-Xiao Elf" on the Internet by everyone praised, has not been a cottage. This is an English learning game, will learn and play together. Wanlong Introduction, entertainment is a niche market, the product is relatively unique, the development threshold is relatively high, the cottage is more difficult.

Ao Rongsheng COO Fan Shuhao also believes that products should have their own barriers.

"Our main measure is to speed up innovation." "The rapid expansion of the market, to shake off opponents." ”

Zhang Wei introduced, some creative strong but the technology is not complex game, the cottage works on its impact will be very large, "later with the improvement of technology, and even more likely to appear in the genuine phenomenon of shanzhai." ”

In Guo Qirui's view, the key to see the choice of the market. "The five-minute" Happy Farm "is really a big bargain for the Shanzhai, but if their own progress in the market can be a little faster, certainly will not give the opponent the machine, the original will always have the advantage." There are many ways to compete with Shanzhai, and it's important to pull the difference. ”

Platform side should be responsible

Zhang Wei believes that for the Shanzhai phenomenon, the platform side should also bear certain responsibilities and take measures. Facebook, for example, has withdrawn from plagiarism.

"The platform should also take the initiative to protect the developer's responsibility, at least should not encourage such shanzhai behavior." Zhang Wei said.

Impact: Two ways to look at plagiarism

Zhang Wei said, the cottage works caused by the impact is: first, no one dares to original, hinder the industry innovation; the second is the homogeneity of the phenomenon of serious, users feel fatigue; Third, the income, may cause everyone can not make money situation.

Ao Rongsheng COO Fan Shuhao that the Shanzhai phenomenon has pros and cons, "many farm series, the original five-minute company must have damage, but for the entire industry can be said to be beneficial." Without so many vendors, the social gaming industry would not have grown so fast. ”

Wanlong said that after the happy farm, not a product has set off a huge trend. "No people are playing, the popular leader product, the cottage can not talk about." ”

Lawyer: legal protection is difficult

Copyright law: Only protect the source code does not protect creativity

Yunting, an intellectual property lawyer at the Big Bang law firm in Shanghai, told TechWeb that the domestic game was protected by the copyright law, and that the software copyright was protected by "creative expression dichotomy", only protecting expression, not protecting originality, that is, the mode of game, creativity is not protected, Only protects the game's source code.

Complex MMORPG games, such as "World of Warcraft", "Dahua Tour" and so on, the game's source code is quite many, need to organize a large team to develop every detail, the copycat source code of the cost is higher, if the source code, the composition of the expression is consistent, violated the "copyright."

and social games usually the game structure is relatively simple, the main program is relatively small, rewrite the source code work is not large, more than 10 of people's team may be developed one months. This leads to a low entry threshold for social gaming and little protection.

Difficulty in applying for patent protection

Yunting lawyers say, theoretically, can also be protected by patents, but so far there is a certain degree of difficulty. "Social games are a lot of stealing vegetables, parking and other basic applications, the technical principles of these applications belong to the field of public knowledge, the point of innovation is difficult to find, it is harder to apply for a patent, which leads to the patent can not be protected." ”

Through the protection of trademark rights

Yunting says it can be protected by trademark rights, such as protecting the name of the game. "But if someone else takes a similar name, it's not exactly the same, it's more difficult to defend rights. Even consider the game of weapons and equipment, place names to apply for trademarks, but these difficulties are also relatively large. ”

Yunting lawyers suggest that you can apply for a trademark at the beginning of a creative, research and development. He introduced that it would take three years to apply for a trademark before the next year, as long as 1 years.

"In general, it is difficult to use legal means to defend rights, which is a worldwide problem." "he said.