Brief of the Case

Shanghai Yishijie Information Technology Group Co., Ltd. (formerly known as Shanghai Yiwang Network Technology Co., Ltd.), founded in 2012, is a comprehensive online gaming company specializing in independent research and development, exclusive agency, joint operation, advertising services, and player platforms. "Coin Tycoon (《金幣大富翁》)" is a reality-themed, Q-style 2D multiplayer online simulation and management mobile game developed by Yishijie Company. The game gained extremely high popularity and recognition upon its release.

The game "Dongyou Monopoly", jointly developed and operated by Linbei Company (麟貝公司), Dongyou Company(動(dòng)友公司), and Modo Company (摩多公司), plagiarized the overall game design of the mobile game "Coin Tycoon" in terms of game content, with even bug content in "Dongyou Monopoly" mirroring those found in "Coin Tycoon".

Comparison of two games

Court Determination and Case Outcome

The court held that the two games involved in the case belong to the same genre and are in direct competition with each other. Shortly after the official operation of Yishijie Company's game "Coin Tycoon", Linbei Company, Dongyou Company, and Modo Company completed the development and operation of the game "Dongyou Monopoly", essentially competing with Yishijie Company for business opportunities or market share in this game genre. From a comparison of the gameplay rules between the two games, it can be seen that "Dongyou Monopoly" is essentially the result of "reskinning" the art assets from "Coin Tycoon", and even exhibits obvious errors due to direct copying. The two games offer players a similar gaming experience. It can be said that, except for the difference in art assets in the game screens, "Dongyou Monopoly" is a "reproduction" of the game "Coin Tycoon" of Yishijie Company. Such a degree of imitation clearly exceeds reasonable limits, will cause the consequence of substantial substitution, goes beyond the boundary of reasonable reference and free imitation, and falls within the scope of plagiarism. The complete plagiarism of the gameplay rules of "Coin Tycoon" and the mere replacement of the art assets are the keys for Linbei Company, Dongyou Company, and Modo Company to complete the development and operation of the game "Dongyou Monopoly" in just a few months. If following the usual game development process, where even gameplay design and numerical systems require continuous trial and error and optimization, Linbei Company, Dongyou Company, and Modo Company may not have been able to launch and operate the game "Dongyou Monopoly" in a short period and compete with Yishijie Company's game "Coin Tycoon" in the market, improperly seizing relevant market share. Linbei Company, Dongyou Company, and Modo Company did not gain their competitive edge through their own intellectual efforts or capital investment. Instead, they resorted to plagiarism to directly appropriate the key and core personalized commercial value from others' intellectual achievements. The behaviors — using others' intellectual achievements without authorization, disregarding others' huge investments, and seizing business opportunities at the expense of others' honest operations — violate the principle of good faith and recognized business ethics, thus constituting unfair competition. The court ordered Linbei Company, Dongyou Company, and Modo Company to jointly compensate Yishijie Company for economic losses and reasonable expenses totaling 5 million yuan.

Typical Significance

The judgment in this case is based on the Anti-Unfair Competition Law and the Copyright Law. By respecting the commercial operation rules of the gaming industry, the court analyzed and determined the relevant elements for whether the gameplay rules constitute unfair competition, regulated behaviors that disrupt the competition order of the gaming market, and safeguard the legitimate rights and interests of game developers.