Mr Khan said:
sundin13 said: Copyrights for mobile games are much different as the ecosystem just doesn't really support copyright claims. There is no automated system to work to find clones and even if there was, game mechanics cant be copyrighted, so each case would have to be evaluated individually. |
Game techniques can be patented, however. We first learned about the Super Guide through a patent application from Nintendo, for instance.
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From my understanding, the Sanity meter from Eternal Darkness is a good explanation of this. Nintendo has the Sanity meter patented, and as such, another company cannot use "sanity meter", however, they could use a meter with similar effects with a different look and presentation without infringing on the patent. This way, the mechanic itself isn't patented so much as the name and look which is what I was talking about in my post.
Nintendo would likely win a claim against the game in the OP due to the similarities between the characters and Pokemon characters, however, gameplay elements would not factor into this decision.
Overall, the main problem is the lack of any automated infrastructure to send out and enforce claims which is likely due to the complicated nature of copyright claims on games.