Sony Sues Tencent for Stolen Concepts From Horizon Game Series

[Cpt.Jank]

Tencent's Polaris Quest recently announced Light of Motiram as a free-to-play survival game set in a vast open world overrun by large mechanical beasts—Mechanimals, they're called—and what few humans still roam the lands eke out a tribal existence. It's not difficult to see why Sony Entertainment just initiated legal proceedings against Tencent over intellectual property infringement (via Reuters), alleging that the new game is infringing on its Horizon franchise.

[Editor's note: Our in-depth review of Horizon Forbidden West is now live]

When Light of Motiram was announced, many gaming publications reported on its similarities to Horizon Zero Dawn and Forbidden West, and this reporting is part of Sony's case. However, Sony's legal claims stem from more than just game journalists and online voices picking up on the similarities. According to the complaint, Tencent initially tried to collaborate with Sony on the upcoming Light of Motiram, as a new game in the Horizon universe, but decided to go ahead with the announcement and development of the game despite Sony declining the collaboration. Sony says that Light of Motiram also features identical gameplay elements, in-game art, and themes to the Horizon series. It should be noted, though, that while there are obvious aesthetic similarities, Light of Motiram is a survival-craft MMO, whereas games in the Horizon franchise are story-driven single-player games.


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[user556]

So, if it's not the story nor the game play, the similarities are what? Just the graphic art?

 

[Dr. Dro]

So, if it's not the story nor the game play, the similarities are what? Just the graphic art?

It's more likely that it's a case regarding plagiarism on game design and mechanics, which are sometimes patented by developers. Monolith's "Middle-earth: Shadow of" games were notorious for this (look up Nemesis system patents). There is also the Palworld case with Nintendo, these lawsuits should produce some rather interesting results. I also wonder what will happen with Wuthering Waves, since that game copied practically 98% of Genshin Impact's mechanics. miHoYo seems unbothered thus far, though.

 

[Onasi]

@Dr. Dro
If that’s the case I would dearly hope it gets thrown out. The whole Nemesis patent was ridiculous enough back in the day, but the moment we start unironically copyrighting game mechanics (which was never really the case prior) is the moment games just die a long death. Iterating on previously existing things is a staple of game creation, always was.

 

[nguyen]

Well I'm gonna buy Light of Motiram anyways LOL, suck on that Sony

 

[Kohl Baas]

It's more likely that it's a case regarding plagiarism on game design and mechanics, which are sometimes patented by developers. Monolith's "Middle-earth: Shadow of" games were notorious for this (look up Nemesis system patents). There is also the Palworld case with Nintendo, these lawsuits should produce some rather interesting results. I also wonder what will happen with Wuthering Waves, since that game copied practically 98% of Genshin Impact's mechanics. miHoYo seems unbothered thus far, though.

Fun fact that PUBG's notion about the Battle Royale formula against Fortnite was thrown out wehemently.

 

[user556]

It's more likely that it's a case regarding plagiarism on game design and mechanics, which are sometimes patented by developers.

It's a copyright claim so obviously not patent related. It's not even in same category of game type. How can the design and mechanics be a copy?

 

[InVasMani]

What isn't a copy in some form or another.

 

[Dr. Dro]

It's a copyright claim so obviously not patent related. It's not even in same category of game type. How can the design and mechanics be a copy?

Copyright suits have been used in this manner before, they've even been used against cheat software developers with a varied degree of success.

Without reading the file, everything is speculation after all

 

[Tomorrow]

This was expected. I think Sony has a valid case here. It's not just "inspiration" by copying some game mechanics or similar graphics. I mean the copycat even uses the same font for christ sake. It doesn't get any more blatant.

 

[ZoneDymo]

Well I'm gonna buy Light of Motiram anyways LOL, suck on that Sony

"a free-to-play survival game"

 

[InVasMani]

God forbid someone use the same font. Everything creative is just inspiration at some level or another though in reality. It basically boils down to what % the law considers copied idea's or design legal in essence. Is it 1% is it 99% like where is the line drawn is it keyboards copying typing or is it typing copying written language is it language in general that's been copied passed down expanded and iterated upon for generations over centuries. How deep do you want to go with what's deemed copied and what isn't and why that is.

 

[Tomorrow]

God forbid someone use the same font. Everything creative is just inspiration at some level or another though in reality. It basically boils down to what % the law considers copied idea's or design legal in essence. Is it 1% is it 99% like where is the line drawn is it keyboards copying typing or is it typing copying written language is it language in general that's been copied passed down expanded and iterated upon for generations over centuries. How deep do you want to go with what's deemed copied and what isn't and why that is.

There are tens of thousands of fonts they could have used. Instead they chose the one that copies horizon.
Sorry but the "inspiration" argument holds no water in this case.

 

[agatong55]

God forbid someone use the same font. Everything creative is just inspiration at some level or another though in reality. It basically boils down to what % the law considers copied idea's or design legal in essence. Is it 1% is it 99% like where is the line drawn is it keyboards copying typing or is it typing copying written language is it language in general that's been copied passed down expanded and iterated upon for generations over centuries. How deep do you want to go with what's deemed copied and what isn't and why that is.

"The suit also alleges that Tencent asked Sony to collaborate on a new Horizon game, which Sony declined. Sony claims that the company began development on Light of Motiram afterward, despite the rejected offer."

Tencent is being sued by Sony over its 'slavish' Horizon Zero Dawn clone

Tencent allegedly approached Sony with a pitch to develop its own Horizon game before Light of Motiram development began

www.techradar.com

Tencent asked sony for the rights and pitched them this game, sony said no but tencent still went on with the development even though they knew what was going to happen.

 

[NoneRain]

boohoo Sony.

 

[TheinsanegamerN]

There are tens of thousands of fonts they could have used. Instead they chose the one that copies horizon.
Sorry but the "inspiration" argument holds no water in this case.

So which game gets Times new roman? Which one gets comic sans? Sanscript?

This is such an insane argument. I'm sure that Sony is not the only company to use that font. So when will Sony get sued? Will they hapilly bend over backwards and take the software down? Or will they suddenly believe that this time they were right to use the same font?

 

[Tomorrow]

So which game gets Times new roman? Which one gets comic sans? Sanscript?

This is such an insane argument. I'm sure that Sony is not the only company to use that font. So when will Sony get sued? Will they hapilly bend over backwards and take the software down? Or will they suddenly believe that this time they were right to use the same font?

The fonts you mentioned are widely used. The horizon font is a custom creation. There is a fan made horizon font, but obviously no one is using that to make a game. Sony properly licenses the third party software they use.

You cant tell me that Tencent accidentally arrived at this font or that this font is merely inspired by Horizon.

 

[Frick]

God forbid someone use the same font. Everything creative is just inspiration at some level or another though in reality. It basically boils down to what % the law considers copied idea's or design legal in essence. Is it 1% is it 99% like where is the line drawn is it keyboards copying typing or is it typing copying written language is it language in general that's been copied passed down expanded and iterated upon for generations over centuries. How deep do you want to go with what's deemed copied and what isn't and why that is.

Some comparision images.

 

[TheinsanegamerN]

Some comparision images.

View attachment 409722
View attachment 409721

They do look similar. They are not the same assets though. Sony doesnt have the copyright to "old forest" or "building with vines".

The comparison I would make is this: Both Call of Duty and Battlefield have, say, the AR15 rifle in the game. Both models are very similar. Should Activision be able to sue EA for this?

The fonts you mentioned are widely used. The horizon font is a custom creation. There is a fan made horizon font, but obviously no one is using that to make a game. Sony properly licenses the third party software they use.

You cant tell me that Tencent accidentally arrived at this font or that this font is merely inspired by Horizon.

Sure, it looks like, and is, a ripoff. But it doesnt look identical. No worse then any other clone game over the years. This is no worse then Zelda breath of the wild vs Genshin impact.

 

[the54thvoid]

The comparison I would make is this: Both Call of Duty and Battlefield have, say, the AR15 rifle in the game. Both models are very similar. Should Activision be able to sue EA for this?

Films and game companies that use 'actual' trademarked assets need a licence from the weapon manufacturer. The weapon IP doesn't belong to the publisher. That's why some games use generic weapon titles.

 

[TheinsanegamerN]

Films and game companies that use 'actual' trademarked assets need a licence from the weapon manufacturer. The weapon IP doesn't belong to the publisher. That's why some games use generic weapon titles.

Fair enough. My question then becomes: Does Sony have a copyright to "robot animals"? Or just the specific ones from Horizon? If its the specific ones from Horizon, then how far does that go? The rip offs are similar in design but not the same, there are changes made to them. So if Sony only has the IP from horizon, why do they have the right to anything that resembles, but is not the same, as their own IP?

Take the crab thing. The claw has 3 sections instead of 2, and they are much larger. The coloring is different. The head has a different shape with multiple plates where the Horizon one only has 1. The Horizon one has fewer larger legs compared to the multiple skinny legs of the ripoff. The list continues. To me that's enough changes to differentiate it. If not, then I'm sure we could find previous games with "robot crab" as a concept that would justify a DMCA on the Horizon IP.

 

[Frick]

Fair enough. My question then becomes: Does Sony have a copyright to "robot animals"? Or just the specific ones from Horizon? If its the specific ones from Horizon, then how far does that go? The rip offs are similar in design but not the same, there are changes made to them. So if Sony only has the IP from horizon, why do they have the right to anything that resembles, but is not the same, as their own IP?

Take the crab thing. The claw has 3 sections instead of 2, and they are much larger. The coloring is different. The head has a different shape with multiple plates where the Horizon one only has 1. The Horizon one has fewer larger legs compared to the multiple skinny legs of the ripoff. The list continues. To me that's enough changes to differentiate it. If not, then I'm sure we could find previous games with "robot crab" as a concept that would justify a DMCA on the Horizon IP.

The big thing is they asked Sony for a collaboration project set in that universe, and Sony said no. We'll see how it shakes out of course.

 

[the54thvoid]

Fair enough. My question then becomes: Does Sony have a copyright to "robot animals"? Or just the specific ones from Horizon? If its the specific ones from Horizon, then how far does that go? The rip offs are similar in design but not the same, there are changes made to them. So if Sony only has the IP from horizon, why do they have the right to anything that resembles, but is not the same, as their own IP?

Take the crab thing. The claw has 3 sections instead of 2, and they are much larger. The coloring is different. The head has a different shape with multiple plates where the Horizon one only has 1. The Horizon one has fewer larger legs compared to the multiple skinny legs of the ripoff. The list continues. To me that's enough changes to differentiate it. If not, then I'm sure we could find previous games with "robot crab" as a concept that would justify a DMCA on the Horizon IP.

Theoretically, I'd say Zoids (by Tomy) were the first robot dinosaurs in the public eye. But it's the entire look of this product that is a dead-ringer. And I go back to the OP. The dev wanted to work with Sony on the Horizon IP and Sony said no (allegedly). That kind of supports the idea of IP theft.

 

[redeye]

no damages, because it is free. SONY might be suing Tencent so Tencent can never make money on micro transactions … or SONY wants to make money, and can not if they bought out a horizon “copy” because they are the original, and might be confused with TencentKs version, and then Tensent Sues Sony for infringement of an idea… (i guess)

 

[user556]

Okay, it looks like it will be the art that is in dispute. Pity that wasn't stated in the article.