'Fallout Shelter' studio sues 'Westworld' publishers for cloning iPhone game

Posted:
in General Discussion edited June 2018
Bethesda Softworks has filed a lawsuit against Warner Bros. Interactive Entertainment and Behavior Interactive for copyright infringement, alleging the recently-released 'Westworld' iOS game copies gameplay elements from 'Fallout Shelter,' and potentially some of the game's code.

Westworld


Filed in a Maryland U.S. District Court, the Bethesda lawsuit alleges 'Westworld' uses the "same or highly similar game design, art style, animations, features, and other gameplay elements" as the company's popular 'Fallout Shelter,' reports Polygon. Among the examples given are the underground base creation features and the "cartoonish 2D characters in a 3D environment" aesthetic that both games adopt.

'Fallout Shelter,' released in 2015, tasks players with building and managing an underground bunker, keeping the facility in operation by tending to the needs of its occupants, and by sending vault dwellers out to the rest of the world.

Released this week and based on the TV show of the same name, 'Westworld' is a "training simulator" where players must build underground maintenance and control facilities for the theme park. At the same time, they have to manage android "hosts" and the experiences of guests in the theme park, keeping everything running smoothly while fixing occasional host glitches out of public view.

Fallout Shelter
Fallout Shelter


The lawsuit goes further in its claims, alleging that 'Westworld' reuses code used in 'Fallout Shelter.' According to the suit, Behavior was contracted to work on 'Fallout Shelter' in 2014, building the game based on Bethesda's design and direction, with all materials created for the game owned by Bethesda.

"Behavior breached its contract with Bethesda and utilized its restricted access to Bethesda's intellectual property, including Bethesda's copyrighted code, trade secrets, and other rights," it is claimed, which allowed Behavior to "compress its development time, reduce costs," and provide the same "widely popular gameplay experience found in 'Fallout Shelter'" to players.

Westworld
Westworld


As proof of Behavior copying the code and effectively reskinning it, the filing advises a big found in an early version of 'Fallout Shelter' has also been found in 'Westworld,' suggesting the same code base was used for both games.

Requesting a trial by jury, Bethesda wants the statutory damages for copyright infringement, including profits from the 'Westworld' game, as well as to cease the app's distribution and support, among other demands.

Comments

  • Reply 1 of 15
    gatorguygatorguy Posts: 20,009member
    There's so much money being made in these mobile games this may be just one of the first of many lawsuits between the development studios, the playtime equivalent of the now-behind-us smartphone wars.
  • Reply 2 of 15
    lawjollalawjolla Posts: 3unconfirmed, member
    From an IP attorney that played both games, and barring actual copying of code, this law suit has no chance.
    gatorguydocbburkjony0
  • Reply 3 of 15
    jd_in_sbjd_in_sb Posts: 1,483member
    Samsung proved that you can get away with anything. 
    racerhomie3claire1tallest skildocbburkjony0prismatics
  • Reply 4 of 15
    dysamoriadysamoria Posts: 1,956member
    "...the filing advises a big found in an early version of 'Fallout Shelter' has also been found in 'Westworld,'..."

    A big what? I think you mean bug, but iOS auto-uncorrected the word for you.

    Also, if they used the same 3rd-party game engine, the bug could have come from there. Fallout Shelter has lots of bugs that Bethesda seems utterly disinterested in fixing and Apple deleted my review from the App Store that detailed all of them (and no, I used no abusive language).

    Yes, the two games look very similar. However, "look and feel" have not been strong reasons for winning IP lawsuits, it seems. If they can prove they copied actual code, then that's going to help.
  • Reply 5 of 15
    claire1claire1 Posts: 494unconfirmed, member
    Half the iPhone games are clones. Its become embarrassing.

    Why did Westworld have to copy that art style? Makes no sense to me.
    prismatics
  • Reply 6 of 15
    SpamSandwichSpamSandwich Posts: 30,720member
    To be fair, this character is a thinly veiled (and poorly drawn) copy of the Monopoly man:


    edited June 2018 mdriftmeyer
  • Reply 7 of 15
    fastasleepfastasleep Posts: 2,392member
    To be fair, this character is a thinly veiled (and poorly drawn) copy of the Monopoly man:


    I think maybe you played this version:

    SpamSandwich
  • Reply 8 of 15
    StrangeDaysStrangeDays Posts: 6,792member
    lawjolla said:
    From an IP attorney that played both games, and barring actual copying of code, this law suit has no chance.
     Agreed, tho part of what they're claiming is actual copying of code.
  • Reply 9 of 15
    SpamSandwichSpamSandwich Posts: 30,720member
    To be fair, this character is a thinly veiled (and poorly drawn) copy of the Monopoly man:


    I think maybe you played this version:

    Is that a real thing? I know nothing about this game, but I do know Monopoly.
  • Reply 10 of 15
    tallest skiltallest skil Posts: 43,399member
    How… why. “Corporate consumerism” is the answer, but I want a real answer. To what end? Star Wars monopoly, Lord of the Rings monopoly… You know that monopoly was designed as a game to NOT be played or enjoyed? At least give me a gimmick–let me nuke other players–because otherwise this is just nothing but Kylo Ren salad.

  • Reply 11 of 15
    evilutionevilution Posts: 1,343member
    A bug from a previous version of Fallout Shelter appeared in the newest version of the West World game. I think they used game code.
  • Reply 12 of 15
    lawjolla said:
    From an IP attorney that played both games, and barring actual copying of code, this law suit has no chance.
    Lawsuit is one word Mr. Lawyer. 
  • Reply 13 of 15
    How… why. “Corporate consumerism” is the answer, but I want a real answer. To what end? Star Wars monopoly, Lord of the Rings monopoly… You know that monopoly was designed as a game to NOT be played or enjoyed? At least give me a gimmick–let me nuke other players–because otherwise this is just nothing but Kylo Ren salad.

    The force is strong in that garden salad. 
    Especially if it has E. coli.  
    tallest skilIreneW
  • Reply 14 of 15
    fastasleepfastasleep Posts: 2,392member
    To be fair, this character is a thinly veiled (and poorly drawn) copy of the Monopoly man:


    I think maybe you played this version:

    Is that a real thing? I know nothing about this game, but I do know Monopoly.
    Yes it's real:
    https://www.amazon.com/Monopoly-Fallout-Collectors-Board-Game/dp/B01B880RGO
  • Reply 15 of 15
    gnnonignnoni Posts: 24member
    Maybe Hustle Castle has something to say too


    edited July 2018
Sign In or Register to comment.