Clone games have been running rampant recently, with blatant rip-offs of games like Pokémon and more appearing on both mobile storefronts and digital console marketplaces. It has gotten so out of hand that it is directly damaging the original copyright holders, forcing their hands and leading to lengthy litigation. This was the case with The Pokémon Company, who sued the creators of the mobile game, Pocket Monster: Remake, seeking millions of dollars in damages.

Crucially, this goes far beyond games inspired by others, such as Stardew Valley being a "clone" of Harvest Moon. These games steal assets, mechanics, or, in some cases, practically the entire game, all so they can benefit from others' hard work. Developers are only really just starting to take action against these clone games, although it often doesn't feel like enough to really stop the ever-growing problem. The best example of this is The Pokémon Company's case against Pocket Monster: Remake, and its drop-in-the-ocean effect that'll barely leave a handful of ripples.

The Pokémon Company Sued - And Won

It Got 15 Million & A Formal Apology

The Pokémon Company - the company co-owned by Nintendo, Creatures, and Game Freak - sued Guangzhou Maichi Network Technology Co., the Chinese developers behind the very blatant rip-off game, Pocket Monster: Remake, back in 2021, seeking $72 million in damages for the mobile game's clear infringement on its copyright. This lawsuit has finally been settled in mediation - outside a courtroom - with the Chinese developer giving The Pokémon Company $15 million and a formal apology. It was an important, yet obvious, win for The Pokémon Company, as indicated by Guangzhou Maichi Network Technology Co.'s apology - as reported by Automaton - which read:

“Our copyright infringement and acts of unfair competition have caused significant economic losses to the rights holders and severely damaged the image of the original Pokémon Video Games. We hereby sincerely apologize to TPC and other rights holders, as well as the vast number of players, consumers, and the general public.”

Pocket Monster: Remake wasn't just one of the many fan games or creature-collecting games inspired by Pokémon. Rather, it used art, names, and even the word Pokémon, all in a clear attempt to fool audiences into believing it was a Pokémon game, or at least to capitalize on the franchise's success. It started in 2015, raking in millions of dollars through microtransactions, yet, interestingly, it wasn't until 2021 that The Pokémon Company took action. The delayed response and lower payout from the lawsuit perhaps indicate that the approach to tackling clone games is still very much in its infancy.

Clone Games Are Becoming More & More Prevalent

Black Myth: Wukong, The Last Of Us, And More Have Been Targeted

Clone games are becoming increasingly prevalent, largely thanks to the increased capabilities of AI and the short turnaround on poorly made games due to the accessibility of software like Unreal Engine. We've seen the likes of the hilarious Wukong Sun: Black Legend and The Last Hope - Dead Zone Survival, which are so obviously clone games it's baffling they were even let onto digital storefronts. However, thanks to extremely lax requirements to get a game onto the storefronts of most consoles and, of course, Steam, these games easily slip through the cracks, earning a little money before they're inevitably taken down.

These clone games are taking things to another level that's damaging to consumers as much as they are to the original copyright holders.

These games are often heavily reported on due to their brazen attempts at copying popular games as well as the disappointing failings of the storefront holder to prevent them from making it into consumers' hands. Naturally, journalists are doing their job in spotlighting an issue within the world of gaming, but it, unfortunately, leads to increased attention and likely further sales from those keen to see just how terrible these games actually are. This was the case with the Animal Crossing clone game that used AI art to create somewhat believable screenshots that fooled many.

It's all in an effort to stop them, but it's a band-aid, albeit a potentially loose one, that must be further reinforced by the efforts of publishers. Of course, there have always been shovelware titles, especially on past Nintendo hardware like the Wii and 3DS, but they always at least had the pretense of being something new, such as the works of infamous developer Data Design Interactive. However, these clone games are taking things to another level that's damaging to consumers as much as they are to the original copyright holders.

Pokémon's Win Is Great, But It's Not Enough

The Reward Outweighs The Risk

This is what makes The Pokémon Company's win against the Pocket Monster: Remake developers so important, as it sets a precedent for what can happen if a developer blatantly rips off another. Yet, perhaps unsurprisingly, so many clone games have been allowed to be released before and even since The Pokémon Company started its lawsuit, making one question whether its victory will even deter future scammers. $15 million may seem like a lot to the average consumer, but for a developer that's already profited immensely from its egregious clone game, it is practically nothing.

It may deter some, but others, especially those who have released dozens of titles on digital storefronts, will likely continue in the hopes that either they won't be sued, or they'll have earned enough that it won't make a difference. More needs to be done to prevent titles like the Unpacking clone game from reaching storefronts in the first place. Understandably, requirements to get a game onto a digital storefront were relaxed to reduce the barrier to entry for smaller indie developers. However, it has evidently gone too far as it's allowing these clone games to get through unchecked.

Nintendo, PlayStation, and Xbox need to implement stricter measures to prevent clone games from getting through. This would also help stop the dozens of asset flip games and those made using AI from slipping through. It is likely harder to regulate mobile games and those on Steam, but they should also be more actively on the lookout for obvious clone games that are harming brands and consumers. However, this is naturally far easier said than done, especially when considering games like Palworld, ones that are far harder to quantify due to precariously balancing between being inspired and a clone game.

Did Palworld Get It Right?

It Almost Does Enough

Palworld has been a contentious topic when it comes to clone games, largely because of The Pokémon Company's ongoing lawsuit against it due to its infringement on patented gameplay mechanics. When it was first announced, many labeled it "Pokémon with guns" and at launch, it was hard not to see the clear resemblance between not just the gameplay, but various Pals and their Pokémon counterparts. Of course, there is far more nuance to this compared to Pocket Monster: Remake, as Palworld falls far more into the "inspired-by" category than it does the blatant rip-off one.

Importantly, Palworld, while a creature-collecting game, first and foremost, focuses on survival crafting mechanics, such as building a base, gathering resources, and crafting new gear. It also integrates the player more into the combat than Pokémon does, isn't turn-based, is truly open-world, and has multiplayer/live service elements that sustain its longevity. All of this, and arguably more, would constitute it as an inspired-by game rather than a clone had it not been for that aforementioned lawsuit.

While patent infringement is illegal, over-use of them can be to the detriment of creativity, as it prevents anyone from utilizing specific mechanics to elevate their otherwise fundamentally different game. That's not to say that developers shouldn't create patents, but rather that patents for specific mechanics can ultimately hurt game development. As a result, Palworld is a tricky game to quantify, but the high-profile nature of The Pokémon Company's lawsuit against it should hopefully assist rather than hinder the progress developers are making in taking down and preventing clone games from ever reaching storefronts in the first place.

It can be easy to think that clone games are only really a problem for major developers and publishers, but they are seriously harmful to the consumers who fall for their scams, and smaller developers whose games get buried among the sea of clone games and asset flips. They can be humorous at the moment, but ultimately getting rid of them will make purchasing and selling games a better place. While the Pokémon clone game being taken down may not be enough to stop future scams, it is nevertheless a step in the right direction that will ultimately benefit all.

Source: Automaton