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Question about similar iPhone game concept

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question4youu

Junior Member
What is the name of your state (only U.S. law)?

I am an iPhone developer who has been working on a game for awhile now. Someone beat me to market with a similar concept and even though the game itself and the characters are very different there is enough
similarity in the concept of the gameplay to look similar.

I'd rather not go into detail about what the particulars are but imagine we both came up with an idea for a game like Donkey Kong, where you run up platforms and dodge things being dropped on you.
The characters, the game setting and the story in the game are different but the essential mechanics of the game play are similar.

Now, I actually have emailed people who have helped me work on the game, not developers but artists and actually actors since I was planning to have animated cut scenes to tell the game's story and have real
actors filmed as reference. In the course of those emails, I described the game's concept and game play. These emails predate the release of this new game by a few months.

I guess my question is, is this enough to prove that I came up with the idea independently and came up with it first?
Should I continue developing the game or am I only asking for trouble with this other developer potentially accusing me of copying his/her idea even though I can prove that I didn't?
 


quincy

Senior Member
What is the name of your state (only U.S. law)?

I am an iPhone developer who has been working on a game for awhile now. Someone beat me to market with a similar concept and even though the game itself and the characters are very different there is enough
similarity in the concept of the gameplay to look similar.

I'd rather not go into detail about what the particulars are but imagine we both came up with an idea for a game like Donkey Kong, where you run up platforms and dodge things being dropped on you.
The characters, the game setting and the story in the game are different but the essential mechanics of the game play are similar.

Now, I actually have emailed people who have helped me work on the game, not developers but artists and actually actors since I was planning to have animated cut scenes to tell the game's story and have real
actors filmed as reference. In the course of those emails, I described the game's concept and game play. These emails predate the release of this new game by a few months.

I guess my question is, is this enough to prove that I came up with the idea independently and came up with it first?
Should I continue developing the game or am I only asking for trouble with this other developer potentially accusing me of copying his/her idea even though I can prove that I didn't?
Are you in the United States? If so, what state in the U.S? If not, what country are you in?

Ideas cannot be copyrighted. Game concepts and game play cannot be copyrighted.

Your specific characters used in the game can be, as could the creative and original designs of game boards and scenes and storylines.
 
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question4youu

Junior Member
Are you in the United States? If so, what state in the U.S? If not, what country are you in?

Ideas cannot be copyrighted. Game concepts and game play cannot be copyrighted.

Your specific characters used in the game can be, as could the creative and original designs of game boards and scenes and storylines.
Yes, in the United States, sell in the US app store. Thanks for your answer!
 

quincy

Senior Member
Yes, in the United States, sell in the US app store. Thanks for your answer!
You're welcome, question4youu.

If the other developer continues with the accusations against you, you can refer him to the U.S. Copyright Act (http://www.copyright.gov and/or you can consult with an attorney in your area for a review of the developer's complaint and a look at both your app and his.

Good luck. :)
 

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