PUBG’s publisher has filed a suit in California for copyright and trademark infringement against Chinese gaming behemoth NetEase, developers of “Knives Out” and “Rules of Survival,” two popular PUBG mobile clones. The move comes only a few days after the release of a mobile version of PUBG, and after its publishers attempted to remove the clones from the app store without success.
It will be interesting to see how this one turns out. While PUBG essentially created its own genere, things like game concepts and ideas are not protectable IP. Any developer can make their own battle-royale style game, copying things like the airplane drop, last-man-standing format, shrinking play area, etc. without worrying about a lawsuit.
However, it’s still possible for PUBG’s publishers to succeed if they can establish NetEase’s games copied the “look and feel” of PUBG . This is a pretty nebulous legal concept that basically means that, even if NetEase didn’t directly copy any actual code or art assets from PUBG, if the two games are substantially similar in terms of both visuals and overall functionality, NetEase will have infringed the PUBG’s publishers’ copyright.
Generally these kind of infringement claims have been successful in regard to less complex games with easy-to-define rule sets like Tetris or simple tile-matching games. PUBG is of course a far more complicated beast, and its publishers will probably have an uphill struggle on their hands showing there are enough similarities between it and NetEase’s two clones to establish infringement. If this claim succeeds it will probably be the first time the a court will have found this kind of infringement between games of this level of complexity.