Flappy bird copyright issue from original creator

Solar2D General Questions/Discussion
#1

Well, this is interesting. About 2 months ago, we got a message from Apple that a company was claiming copyrights for the flappy bird trademark. We all know that was bullshit. Today, i got a message from apple about the same thing, guess what from who? Dotgears. Lol the small indie company who released the original Flappy Bird. I guess he made enough money and realized that it was a stupid idea to pull it off the market anyway, and now for some reason tries to get his fame back. And starts telling everybody that released a flappy bird clone to stop selling it. Lol. So let me know what you guys think of this. Below is the original mail from Apple.

Dear Robert,

**Please include APP37770-W in the subject line of any future correspondence on this matter.**

On 5/29/2014, we received a notice from dotGEARS that dotGEARS believes the app listed below infringes their intellectual property rights. In particular, dotGEARS believes you are infringing their copyright. Please see their comments below.

W. Developer: Robert de Boer
Provider: Robert de Boer
App Title: Flappy Wings World
Apple ID: 819692932

Comments from Complainant: This game violated our copyrights for the character of our famous game Flappy Bird (FabyBird).

You can reach dotGEARS through Vinh Pham (email: pham@dotgears.com), copied on this email.

We look forward to receiving written assurance that your application does not infringe dotGEARS’s rights, or that the parties are taking steps to promptly resolve the matter. Please keep us apprised of your progress.

Should you choose to remove your application, (for example, while you make any necessary changes) use the steps provided below.

Visit iTunes Connect at http://itunesconnect.apple.com

  1. Access your app in the Manage Your Applications module.
  2. Click on the “Rights and Pricing” button from the App Summary Page.
  3. Click on the “Deselect All” button to uncheck all App Store territories.
  4. Click on the “Save Changes” button.

We look forward to receiving confirmation that the matter has been resolved.

Thank you for your immediate attention.

Sincerely,

Young

 iTunes Legal | Apple | 1 Infinite Loop | Cupertino | CA | 95014 | AppStoreNotices@apple.com
The information in this e-mail and any attachment(s) is intended solely for the personal and confidential use of the designated recipients. This message may be an attorney-client communication protected by privilege. If you are not the intended recipient, you may not review, use, copy, forward, or otherwise disseminate this message. Please notify us of the transmission error by reply e-mail and delete all copies of the message and any attachment(s) from your systems. The use of the sender’s name in this message is not intended as an electronic signature under any applicable law. Thank you.

#2

This is hilarious.

LolBitchPlease.gif

#3

This is the same ‘Flappy Bird’ whose graphics look like they’ve been lifted straight from Super Mario World on the SNES ?

#4

so… the infamous dev who doesn’t really get what being ‘famous’ is now understand that he is famous. how will he sued all those clones out there on google play and app store ? i wonder

#5

You might be able to copyright ‘Flappy Bird’ but the concept goes back eons. Scramble springs to mind as prior art immediately, and there are probably far closer vertical scrolling and dodge games.

#6

I saw that dotGears re-released Flappy Bird on the Windows Phone recently.

Just an FYI :wink:

#7

He has a trademark for the name “Flappy Bird” (see below).

Registered Trademark

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4808:ah02wj.3.7

Granted your version looks better than his from my point of view, I personally see it as you are in violation of his intellectual property. When you create something it falls under personal intellectual property which gives you some protection against people straight up ripping you off.

There is a fine line when it comes to IP law for example ripping someone off and just upgrading the graphics is the equivalent of stealing in the courts eyes, however ripping someone off and making it little different and more unique “or better” gives you a little more breathing room on the IP claims although they can get you on “derivative works” they would have to go to court to prove that there is in fact a violation.

Keep in mind that Apple and Google do not get involved with disputes only to say if you do not resolve them within a certain amount of time they will pull your application.

#8

This exact issue came up a few months ago and it’s no more clear now than it was then. The Gamesalad forum has a post on this exact thing as well. This is why IP law is broken in the 21st century. Antiquated notions of what makes up “my” intellectual property and a litigious society have muddied the waters. 

I’d go so far as to say that Flappy Bird is now a genre, more than a game. It spawned countless “game jams” derivative works and inspired so many different games that it is now at “Temple Run” status: A game that inspired a genre. 

Who knows if this will hold up in court. Chris looks like more of a lawyer than me with that bowtie, not to mention, is it worth it to fight this claim for a Flappy Bird-like? Unless you’re pulling down a stack a week, seems like the juice isn’t worth the squeeze on this one.

#9

I’m in trouble ; I’m writing this object management / messaging / composer thing at the moment and one of the demo apps is ‘Flappy Sphere’ (I skimped on the graphics). Maybe I’ll get sued next week.

It’s pathetic, Flappy Bird is virtually a tutorial (and indeed there are several tutorials using it), you could write the thing from scratch in an hour ! We’ll get some numpty copyrighting Hi-Lo or something in a minute.

#10

Flappy is an extension of a genre. I’m not sure there has been a really original game since Lemmings.

#11

Umm, hello, what about Call of Duty? Zombie Nazis? 

Tdc2P1q.jpg

I hold myself in contempt.

#12

Don’t know Zombie Nazis, CoD is a fps with a plot …

#13

My 2 cents: Flappy Bird Copyright Flap

#14

@roaminggamer…

Your blog was spot on and a very good read :slight_smile: Kudo’s

You should also point out that even if their clone makes use of some knew features etc. it still might be considered a derivative work of Flappy Bird and citing fair use is a hard sell to a judge that may or may not be technically challenged.

Derivative Works

http://www.copyright.gov/circs/circ14.pdf

Fair Use:

http://www.copyright.gov/fls/fl102.html
 

In Short:: You knew what you were doing when you ripped it off, so don’t be shocked when you get a notice from the creator lol.

#15

laws vary from country to country, and i can only speak re US, so ymmv, however… copyright only covers a specific unique expression (in present company that means: literal verbatim copying of source code; or literal verbatim asset copying), not the “idea” itself – copyright hasn’t proven very effective in the courts for “look and feel” cases.  ideas are covered by patents, and are (properly) far more difficult to obtain.   (similarly, copyright has little ‘authority’ over titles either - that’s what trademarks are for)

that’s not to say someone wouldn’t still try writing a cease/desist, threaten suit, or even file suit – but probably frivolous, without merit, wouldn’t hold up in court, perhaps not even intended to make it to trial, and just used as a scare tactic.  nonetheless, if you don’t “resolve” it, apple can do with their store as they wish, actual copyright infringement or not.

(btw, i suspect nintendo’s lawyers went through this too - “your green pipes kinda look like our green pipes” isn’t much of a copyright claim – sure, they could’ve still threatened with it, but unlikely it’d hold up if it ever came to trial)

my $.02

#16

RoamingGamer (Ed?) is pretty much on the mark. I would say that Flappy Wings’ graphics are far less derivative than Flappy Bird - look at the graphics of the pipe close up, it’s very very similar. FWWs Graphics actually look original - the resolution is higher than FBs which looks like it was designed for a lower resolution machine - look at the black framing on the ‘bird’ for example. I can’t be the only person who looked at FB and thought ‘Mario’. I’m sure Nintendo did. That would explain the removal from the AppStore. I doubt very much that FBs creator ‘couldn’t cope with’ then $50k he was receiving. “It ruined my simple life”, he says, fine, give the money to charity then.

Let’s be honest, it’s horribly average and not really original, it just went viral as some things do. It’s not even original as a game (https://www.youtube.com/watch?v=1BrdIiv8sl8) and you could argue pretty much Scramble as prior art.

So ‘very closely modelled’ sound, graphics and gameplay, doesn’t leave much.

That bird graphic does look familiar, but I can’t think where.

#17

Oh the irony… 

http://thanhniennews.com/business/rampant-piracy-eats-up-vietnams-digital-content-market-27130.html

#18

I think ksan has found the most interesting part of this whole issue. The problems, copies of the (original) copy, game jams, lifestyles and economic impact that have come about because of such a terrible game like Flappy Bird. Fools were selling phones on ebay with Flappy Bird installed for thousands. The forest has become more intriguing than the trees.

mind-blown.gif

#19

Just to add another dimension to this - OP did you program/code this, or buy a template? i mention this as it looks a bit like rag dog’s template.

T.

@Panc 

Thats a great quote/??? (quote or no quote - great saying) “The forest has become more intriguing than the trees”

Not punie or anything - oh hell  - i am not taking the P - I truly like your derivative interpretation of that classic saying!!

#20

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