Attorney Richard Hoeg talks to GameDaily about the basis of the lawsuit, and how Ubisoft can prove copyright infringement in court.
Last week, Ubisoft filed a lawsuit against Apple and Google for selling a game that the France-based company says infringes on Rainbow Six: Siege. The game is called Area F2, and is developed by Ejoy.com, a subsidiary of Alibaba Group, a tech conglomerate based out of China. Ubisoft argues that the majority of the Area F2 experience is lifted from Siege, which necessitated the copyright suit.
“Virtually every aspect of AF2 is copied from R6S, from the operator selection screen to the final scoring screen, and everything in between,” a Ubisoft representative said in a statement.
Looking at various comparison videos, such as this one by YouTube user NickySan, it’s impossible to deny the similarities of the two games. The rub is that, historically, while clone games have been the target of ire from developers and publishers, they haven’t met much in the way of legal repercussions. In fact, game clones are a legacy issue with games, dating all the way back to the earliest days of the medium.
According to attorney Richard Hoeg of Hoeg Law in Michigan, the easiest way to move the suit forward is for Ubisoft to prove that Ejoy directly stole some of its R6S assets. If there aren’t any stolen assets, then things get tricker.
“Clones aren’t illegal, per se,” Hoeg Explained. “Copyright cannot protect an idea itself (two teams of armed fighters battle in destructible urban/suburban environments), but only the expression of that idea. In general, most courts will employ some version of a ‘substantial similarity’ test, looking to see whether the allegedly infringing game is so similar in UI, style, or other elements (that can be protected) as to be virtually indistinguishable from the original work.”
Hoeg said that historically, the law has leaned in favor of clones, but that trend has been changing a bit over the last decade or so. As noted, the legal waters are choppy thanks to the “idea versus expression” argument, meaning that ideas cannot be copyrighted, but the expression of those ideas can. According to Ubisoft, Ejoy.com’s expression of the Rainbow Six: Siege idea is in violation of the law in this regard.
It’s worth noting that the targets of Ubsisoft’s suit are Apple and Google, and not Ejoy or Alibaba. The argument appears to be that by allowing Area F2 in the App Store and Google Play Store, the companies are complicit in the alleged infringement. Hoeg notes that financial motives could have also played a role in this decision.
“In short, it’s likely that Apple and Google have deeper pockets than Ejoy,” Hoeg explained. “It may also be easier for Ubisoft to assert jurisdiction and to find a friendly court to press their claim.”
Still, the entire suit is predicated on the fact that Ubisoft can prove that Ejoy violated a copyright, which may be harder than one might think.
“By suing the stores instead of the developer, Ubisoft will have to show that the stores were made aware of the infringement and still acted to help others (i.e. buyers) infringe on Ubisoft’s materials,” Hoeg continued. “Given that Ubisoft winning the underlying case is an open question, adding another layer of proof to their claim makes it even more difficult.”
According to Bloomberg’s report on the suit, Ubisoft did indeed send notice to Apple and Google regarding Area F2’s supposed infringement of Rainbow Six: Siege, but the companies ignored it.
“It sounds like Ubisoft issued a DMCA takedown or similar notice, as well as spoke through normal backchannels, and the two stores refused to takedown the materials,” Hoeg said. “That makes sense from the stores’ perspectives; they don’t want to be in the habit of having to remove often lucrative clones. And they don’t want to set the precedent that they will listen to any infringement claim on the subject.”
Looking forward, Hoeg said that the case has the potential to go in any direction, depending on the courts.
“Any evaluation of the underlying infringement will be based on a dissection of the two games, and could go either way depending on the standards the court in question elects to use,” he explained. “Best bet is they settle. Potentially, the stores ‘encourage’ [Ejoy] to change [AF2] just enough to not look exactly like Siege, they call it a marketing coup, and each side goes about its business.”
Copyright law is always tricky, especially when it comes to video games. The “idea versus expression” argument gives a lot of leeway to clones, which is why the App and Google Play stores have a reputation for being filled with them. The case of Area F2 does seem fairly egregious, though, and it should be interesting to track the progress of this case in the future.
Sam, the Editor-in-Chief of GameDaily.biz, is a former freelance game reporter. He’s been seen at IGN, PCGamesN, PCGamer, Unwinnable, and many more. When not writing about games, he is most likely taking care of his two dogs or pretending to know a lot about artisan coffee. Get in touch with Sam by emailing him at sam.desatoff@gamedaily.biz or follow him on Twitter.
CHICAGO (AP) — United Airlines has struck a deal with Elon Musk’s SpaceX to offer satellite-based Starlink WiFi service on flights within the next several years.
The airline said Friday the service will be free to passengers.
United said it will begin testing the service early next year and begin offering it on some flights by later in 2025.
Financial details of the deal were not disclosed.
The announcement comes as airlines rush to offer more amenities as a way to stand out when passengers pick a carrier for a trip. United’s goal is to make sitting on a plane pretty much like being on the ground when it comes to browsing the internet, streaming entertainment and playing games.
“Everything you can do on the ground, you’ll soon be able to do on board a United plane at 35,000 feet, just about anywhere in the world,” CEO Scott Kirby said in announcing the deal.
The airline says Starlink will allow passengers to get internet access even over oceans and polar regions where traditional cell or Wi-Fi signals may be weak or missing.
Sony has made it easy for Canadian consumers to preorder the PlayStation 5 Pro in Canada directly from PlayStation’s official website. Here’s how:
Visit the Official Website: Go to direct.playstation.com and navigate to the PS5 Pro section once preorders go live on September 26, 2024.
Create or Log in to Your PlayStation Account: If you don’t have a PlayStation account, you will need to create one. Existing users can simply log in to proceed.
Place Your Preorder: Once logged in, follow the instructions to preorder your PS5 Pro. Ensure you have a valid payment method ready and double-check your shipping information for accuracy.
Preorder Through Major Canadian Retailers
While preordering directly from PlayStation is a popular option, you can also secure your PS5 Pro through trusted Canadian retailers. These retailers are expected to offer preorders on or after September 26:
Best Buy Canada
Walmart Canada
EB Games (GameStop)
Amazon Canada
The Source
Steps to Preorder via Canadian Retailers:
Visit Retailer Websites: Search for “PlayStation 5 Pro” on the website of your preferred retailer starting on September 26.
Create or Log in to Your Account: If you’re shopping online, having an account with the retailer can speed up the preorder process.
Preorder in Store: For those who prefer in-person shopping, check with local stores regarding availability and preorder policies.
3. Sign Up for Notifications
Many retailers and websites offer the option to sign up for notifications when the preorder goes live. If you’re worried about missing out due to high demand, this can be a useful option.
Visit Retailer Sites: Look for a “Notify Me” or “Email Alerts” option and enter your email to stay informed.
Use PlayStation Alerts: Sign up for notifications directly through Sony to be one of the first to know when preorders are available.
4. Prepare for High Demand
Preordering the PS5 Pro is expected to be competitive, with high demand likely to result in quick sellouts, just as with the initial release of the original PS5. To maximize your chances of securing a preorder:
Act Quickly: Be prepared to place your order as soon as preorders open. Timing is key, as stock can run out within minutes.
Double-Check Payment Information: Ensure your credit card or payment method is ready to go. Any delays during the checkout process could result in losing your spot.
Stay Informed: Monitor PlayStation and retailer websites for updates on restocks or additional preorder windows.
Final Thoughts
The PlayStation 5 Pro is set to take gaming to the next level with its enhanced performance, graphics, and new features. Canadian gamers should be ready to act fast when preorders open on September 26, 2024, to secure their console ahead of the holiday season. Whether you choose to preorder through PlayStation’s official website or your preferred retailer, following the steps outlined above will help ensure a smooth and successful preorder experience.
For more details on the PS5 Pro and to preorder, visit direct.playstation.com or stay tuned to updates from major Canadian retailers.
Since the PlayStation 5 (PS5) launched four years ago, PlayStation has continuously evolved to meet the demands of its players. Today, we are excited to announce the next step in this journey: the PlayStation 5 Pro. Designed for the most dedicated players and game creators, the PS5 Pro brings groundbreaking advancements in gaming hardware, raising the bar for what’s possible.
Key Features of the PS5 Pro
The PS5 Pro comes equipped with several key performance enhancements, addressing the requests of gamers for smoother, higher-quality graphics at a consistent 60 frames per second (FPS). The console’s standout features include:
Upgraded GPU: The PS5 Pro’s GPU boasts 67% more Compute Units than the current PS5, combined with 28% faster memory. This allows for up to 45% faster rendering speeds, ensuring a smoother gaming experience.
Advanced Ray Tracing: Ray tracing capabilities have been significantly enhanced, with reflections and refractions of light being processed at double or triple the speed of the current PS5, creating more dynamic visuals.
AI-Driven Upscaling: Introducing PlayStation Spectral Super Resolution, an AI-based upscaling technology that adds extraordinary detail to images, resulting in sharper image clarity.
Backward Compatibility & Game Boost: More than 8,500 PS4 games playable on PS5 Pro will benefit from PS5 Pro Game Boost, stabilizing or enhancing performance. PS4 games will also see improved resolution on select titles.
VRR & 8K Support: The PS5 Pro supports Variable Refresh Rate (VRR) and 8K gaming for the ultimate visual experience, while also launching with the latest wireless technology, Wi-Fi 7, in supported regions.
Optimized Games & Patches
Game creators have quickly embraced the new technology that comes with the PS5 Pro. Many games will receive free updates to take full advantage of the console’s new features, labeled as PS5 Pro Enhanced. Some of the highly anticipated titles include:
Alan Wake 2
Assassin’s Creed: Shadows
Demon’s Souls
Dragon’s Dogma 2
Final Fantasy 7 Rebirth
Gran Turismo 7
Marvel’s Spider-Man 2
Ratchet & Clank: Rift Apart
Horizon Forbidden West
These updates will allow players to experience their favorite games at a higher fidelity, taking full advantage of the console’s improved graphics and performance.
Design & Compatibility
Maintaining consistency within the PS5 family, the PS5 Pro retains the same height and width as the original PS5 model. Players will also have the option to add an Ultra HD Blu-ray Disc Drive or swap console covers when available.
Additionally, the PS5 Pro is fully compatible with all existing PS5 accessories, including the PlayStation VR2, DualSense Edge, Pulse Elite, and Access controller. This ensures seamless integration into your current gaming setup.
Pricing & Availability
The PS5 Pro will be available starting November 7, 2024, at a manufacturer’s suggested retail price (MSRP) of:
$699.99 USD
$949.99 CAD
£699.99 GBP
€799.99 EUR
¥119,980 JPY
Each PS5 Pro comes with a 2TB SSD, a DualSense wireless controller, and a copy of Astro’s Playroom pre-installed. Pre-orders begin on September 26, 2024, and the console will be available at participating retailers and directly from PlayStation via direct.playstation.com.
The launch of the PS5 Pro marks a new chapter in PlayStation’s commitment to delivering cutting-edge gaming experiences. Whether players choose the standard PS5 or the PS5 Pro, PlayStation aims to provide the best possible gaming experience for everyone.
Preorder your PS5 Pro and step into the next generation of gaming this holiday season.
