When imitation isn't flattery: EA vs Zynga

Last updated 11:34 07/08/2012

blogsimsville"Imitation is the greatest form of flattery," the saying goes but not, it seems, when it's related to two online games that look remarkably similar.

I think we'll all agree that in the video game industry there is a certain amount of "idea crossover" that goes on, with many development companies looking to other games in the same genre for inspiration.

I mean, there are only so many original game play ideas that a first-person shooter can have, right, but when does imitation become copying? About now, it seems, as giant game publisher EA is suing online game publisher Zynga, accusing the social gaming company of copying key elements of EA's The Sims Social game for Zynga's The Ville

According to the story on Stuff, Zynga, which is the dominant game publisher on social networking site Facebook, is accused of mimicking in The Ville content that appears in EA's game The Sim Social, such as conversing and dancing.

"In one instance, EA claimed The Ville characters included eight personality types, ranging from athlete to villain, that mirrored The Sims' own jock-to-scoundrel lineup. EA also accused Zynga of using eight identical colours for its characters' skin-tone palette," the article says.

"Zynga's design choices, animations, visual arrangements and character motions and actions have been directly lifted from The Sims Social," Lucy Bradshaw, head of EA's Maxis label, said in a statement. "The copying was so comprehensive that the two games are, to an uninitiated observer, largely indistinguishable."

Looking at the images accompanying the article, which I've included here, it's hard not to notice the liberties that Zynga has taken with The Ville, but, playing devil's advocate here for a moment, aren't Sim-style games going to unavoidably have similarities due to the very nature of their gameplay and style?

However, Zynga is no stranger to claims of copyright infringement: in 2011, the company settled with developer Digital Chocolate over a dispute about one of its early hits, Mafia Wars, while that same year, The Learning Channel, maker of educational game Oregon Trail, slapped Zynga with a lawsuit over the name of a FrontierVille release also named Oregon Trail.

But in this industry, where it seems remarkably similar ideas pop up in numerous games in the same genre (especially in the mobile development sphere), there seems a fine line between inspiration and homage and outright theft of another developer's ideas. This will be an important case for the industry and I'm sure developers and publishing companies will be watching it closely.

Is what's happening between EA and Zynga a sad indication that true innovation has fallen by the wayside in the gaming industry? Maybe, or it could just be one publisher blatantly ripping off the ideas from another publisher and hoping it'll get away with it. What is your take on the EA vs Zynga situation?

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11 comments
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Hipster-Douchebag   #1   11:44 am Aug 07 2012

I was going to say, "Who cares?!?" as I don't care about games - I'm no longer at primary school!, but then what I *do* care about is the way Mrka is supposedly all about innovation, commerce, freedom, etc., but in reality is all about stifling innovation and competition. It's also all about fear (of litigation, lawsuits, poverty, people who are different in any way), and slavery to the almighty dollar. This lawsuit is yet another example of that, like the Aplle vs. Samsung lawsuit.

David   #2   11:47 am Aug 07 2012

I'm not sure Zynga have actually ever had an original idea, but now they've ripped off someone who can actually fight back rather than small one and two man indie developers. It's pretty hard to win copyright claims for games though, you pretty much have to have copied code for them to get up.

Scott   #3   12:14 pm Aug 07 2012

Zynga has no original ideas and no customer service to speak of. About time these clowns get put in their place.

Ryan   #4   12:32 pm Aug 07 2012

You can't copyright an idea, so EA is going after Zynga over similarities to artwork, rather than gameplay.

There are loads of implications in this case, but I do hope EA wins, as far as I know, Zynga has never made a game that wasn't a clone.

Kelly   #5   12:39 pm Aug 07 2012

I had the same thought when i saw the ville. I actually think this is one scenario where ea and the sims has every right to sue. They are too similar to just be coincidence, and if it is coincidence it's negligence on zynga's part. They didn't do the appropriate research. @hipster-douchebag it's not just 5year olds that play games. Gaming is one of the biggest retail industries around. People make and loose huge amounts of money on it. It's all about the games these days!

Ruth   #6   12:53 pm Aug 07 2012

I (rather embarrassingly) play a lot of these sorts of games, and while you expect some crossover the direct copying of game play ideas in this case made me raise an eyebrow. I wondered if there would be a law suit, and here it is!

m0rph3us   #7   12:54 pm Aug 07 2012

I'm no EA lover, but I hope Zynga get whacked here.

UilamOsa   #8   01:17 pm Aug 07 2012

I think it's more an issue over using similar ideas versus outright copying.

It's clear that alot of Games "share" the same ideas/play schemes but when there's outright copying (we are talking about screen for screen copying) like Zynga did with the sims and have done with other games (Tiny Tower) - then a line needs to be drawn.

The Funniest thing is that it's EA doing the fighting back. Who would've thought that?

That said, innovation is definitely not dead, developers have exhausted (i think) this current Gen of consoles and need a little bit more power. Nintendo is gathering pace with the WII U. PC just keeps on powering through.

And the PS Move & Kinect aren't a complete failure but need something big to push them along.

Sarah   #9   01:48 pm Aug 07 2012

I'm only going to say one thing

WoW (& Clones) vs Guild Wars 2

Anti-facebook games   #10   07:00 pm Aug 07 2012

Zynga steals games off everyone, most of their victims are simply too small to be able to afford the court battle that would ensue, EA can afford to sue them, and can ill-afford the cost of failing to sue them.

I don't like Znyga, I don't like Facebook games, and I don't like rip-offs, Zynga is guilty of it for more titles than I care to list, do some research, and you will find they are amassing a body count, and in this industry, you either absorb your competitors, or setup copyright/trademark/patent licenses between you and your opposition, to minimize the legal action (see intel and AMD for examples of this)

Hopefully, this will act as a deterrent to prevent more rip-off games showing up on Facebook, on iOS and on android, 'cause personally, for every minecraft that shows up, there's a thousand Mario clones, and I'd like to see that glut trimmed back a bit.


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