It isn’t just the software industry facing a dilemma post Apple-Samsung case, but the lawmakers are just as muddled, especially when it comes to patent infringement over app development. No sooner was the verdict passed, with Apple awarded USD 1 billion dollars by Samsung for patent infringement – comes another gigantic clash. This time from Electronic Arts (EA) Inc have recently sued Zynga for plagiarizing their game ‘The Sims Social’ and creating ‘The Ville’ as replica. Zynga has imitated the “game design choices, animations, visual arrangements and character motions and actions” Fox News reported.
Plagiarism in mobile gaming is all too common. Zynga is reputed to be ‘a highly competitive company’ that invests heavily on tracking their progress, so it’s unlikely how they overlooked this major aspect. Also, this wasn’t the first time they were accused either; some cases were settled out of court.
Drawing inspiration is one thing, downright copying is another. That’s as much of black and white as it gets. In between are they grey areas, especially for app developers. When an RPG game concept becomes popular, other developers vie their way into doing the same, sometimes unaware. Considering the vast quantity of mobile apps in the market, it can become hard to assess the originality.
When giant corporations such as Samsung and Zynga could not hide from the law, do small-time developers think they stand a chance? Some of those whose conscience pricked withdrew their apps during the course of the Apple-Samsung trial. But that does not protect their apps from being sued. Not with the increasing number of patent trolls who are out looking for vulnerable companies to attack. There are many companies out there looking to buy patents, especially from those who are bankrupt.
A year ago, BBC reported an infamous practice by Lodsys who sues app developers for infringement, including Apple and Android. Apple and Google are no legal experts either when it comes to facing Lodsys and so far have ignored the company thus far. One Android app developer who was Lodsys’s victim took a long while to figure exactly what he did wrong, among the large volume of legal documents and diction. He is now pretty discouraged about creating any more apps. Not because he copies, but because of the legal intricacies he is unsure of treading over.
So the question is no longer about what is fair. Because in such cases the patent is not with the rightful owner, but the one with enough time and money and who would rather spend them looking to frame inventors than invent something themselves.
Right now, the only recommendation for mobile app developers is to change the way they develop future apps. In best practices guides on mobile app development, there is rarely a mention of plagiarism check. Just as writing requires tools to detect plagiarism prior to publishing, so should app developers be provided with software to determine the app’s legitimacy, prior to its release in app stores.
Finally, despite the time consumption, it is worth gaining legal awareness that is becoming a priority in the technology sector. Because someone out there may be copying an app right now.
Seemi Munir Originally Found this Post on SocialJitney
Seemi Munir was Born leader,Inspires others to work to their highest potential.Seemi is Expert at Business Development,Financial Strategic Planning, and Profit growth.
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