Jake Harper
In 2017, Bluehole, the studio behind PlayerUnknown's Battlegrounds (PUBG), considered taking legal action against Fortnite due to similarities between the two games. Some Reddit users discussed the potential grounds for a lawsuit, including the use of similar gameplay mechanics and the term battle royale to describe the game genre. However, others pointed out that PUBG was not the first battle royale game and that the term battle royale is a generic description, making a successful lawsuit unlikely.
| Characteristics | Values |
|---|---|
| Date | 22 September 2017 |
| Reason | Fortnite's similarities to PUBG |
| Outcome | Bluehole does not have a trademark |
| Community Reaction | Mixed |
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What You'll Learn
Bluehole's case against Fortnite
Bluehole, the developer of PlayerUnknown's Battlegrounds (PUBG), has considered taking legal action against Fortnite due to similarities between the two games. PUBG is a popular online multiplayer battle royale game that gained a significant following upon its release in 2017. Fortnite, developed by Epic Games, is another highly successful battle royale game that was released around the same time.
The term "chicken dinner" refers to winning the game in PUBG. Players who survive until the end and eliminate all other opponents are rewarded with a "Winner Winner Chicken Dinner" message, signifying their victory. This unique and memorable phrase has become closely associated with PUBG and its gameplay experience.
Bluehole's potential case against Fortnite revolves around the similarities between the two games. Both PUBG and Fortnite feature a battle royale format, where players fight to be the last one standing in a shrinking play zone. While the core gameplay mechanic of battle royale is not unique to PUBG, Fortnite's rapid rise in popularity and its similarities to PUBG have likely fueled Bluehole's concerns.
Some players and observers have pointed out specific parallels between the games, including similar gameplay mechanics, user interfaces, and in-game items. These similarities have led to discussions about potential copyright infringement and the possibility of Bluehole pursuing legal action to protect their intellectual property.
However, the viability of Bluehole's case against Fortnite is questionable. It is important to note that PUBG does not have a trademark on the battle royale genre, and the specific mechanics and themes used in the game may not be protected. Additionally, the in-game items and clothing in PUBG may not be unique enough to warrant a strong case for copyright infringement.
While Bluehole has not publicly disclosed the specific grounds for their potential lawsuit, the complexities of intellectual property law and the rapidly evolving nature of the video game industry present significant challenges to their case.
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Battle royale trademark
In 2017, Bluehole considered taking legal action against Fortnite due to similarities between the two games. However, it is unclear on what grounds Bluehole could have sued Fortnite, as PlayerUnknown's Battlegrounds (PUBG) was not the first battle royale game, and Bluehole does not have a trademark for the term "battle royale".
The term "battle royale" has been used to describe a fictional narrative genre and/or mode of entertainment, also known as death games or killing games, where a group of people are instructed to hunt and kill each other until only one survivor remains. This concept predates video games, with examples found in the novel and film Battle Royale, as well as in boxing and wrestling matches dating back to the 1800s.
In the context of video games, the battle royale genre refers to a last-man-standing scenario on an island littered with weapons. This concept is not new and would likely not meet the novelty requirement for a patent. Patents are difficult to obtain for game genres or mechanics because they offer extensive protection, including a 20-year monopoly over the invention and the right to prevent others from commercially exploiting it.
Trademarks, on the other hand, protect anything that consumers rely on to identify the commercial origin of a product. However, it is challenging to trademark a game genre or mechanic because they are abstract and do not fit comfortably within the categories of intellectual property law.
As a result, Bluehole's potential lawsuit against Fortnite for similarities in the battle royale genre may not have had strong credibility, as the concept is not easily trademarkable and has existed in popular culture before PUBG.
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Player experiences
Some players express frustration with teammates who loot excessively, while others joke about their own tendencies to do the same. There is also discussion about the different maps available, with some players expressing a preference for Miramar over Erangel.
In terms of the gameplay experience, some players feel that the game looks low quality, with buildings that appear trashy. They attribute this to the fact that the game developers bought the buildings from the Unreal Marketplace for $60 each. Others feel that the game is rife with bugs and desync issues.
Despite these criticisms, some players express a strong affinity for the game, with one player stating that they would like a chicken dinner experience. Overall, while player experiences vary, the discussion on Reddit appears to be largely good-natured, with players sharing strategies, anecdotes, and jokes about their experiences with the game.
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In-game clothing
Other games may provide basic clothing options for free, while offering more elaborate or exclusive items for purchase, either through in-game currency or microtransactions. This business model allows players to support the game financially while obtaining desirable cosmetic items that enhance their in-game persona.
The creation of in-game clothing often involves a dedicated team of artists and designers who conceptualize and craft the virtual garments. These designers pay close attention to current fashion trends, ensuring that the in-game clothing remains fresh and appealing to players. Additionally, some games may allow players to design their own clothing, fostering creativity and a sense of ownership within the gaming community.
In the context of Bluehole's potential lawsuit over the "chicken dinner" catchphrase, in-game clothing could play a role in establishing distinct intellectual property rights. While the concept of a battle royale game may not be unique to Bluehole, specific in-game clothing designs could contribute to their overall intellectual property portfolio. By owning the rights to unique in-game outfits, Bluehole could strengthen their argument for copyright protection and differentiate their game from potential copycats.
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Bluehole's credibility
In 2017, Bluehole, the company behind the popular video game PlayerUnknown's Battlegrounds (PUBG), considered taking legal action against Fortnite due to similarities between the two games. Some players of PUBG expressed their support for Bluehole's potential lawsuit, believing that Fortnite had copied key aspects of PUBG's gameplay and mechanics. However, others questioned the credibility of any potential lawsuit, arguing that PUBG itself was not the first game in the "battle royale" genre and that the term "battle royale" is too generic to be trademarked.
While there are some visual and gameplay similarities between Fortnite and PUBG, it is important to note that neither game holds a monopoly on the "battle royale" concept. The core gameplay loop of a shrinking safe zone, scavenging for resources, and being the last player standing is not unique to PUBG. Numerous other games in the "battle royale" genre have released before and after PUBG, each offering their own unique take on the formula.
Additionally, the term "battle royale" has been used in various forms of media to describe a fight involving multiple participants, further complicating any potential trademark claims. It is worth mentioning that Bluehole never publicly disclosed the specific grounds on which they were considering legal action, so it is unclear exactly what similarities they believed were infringing on their intellectual property.
In the context of video games, it is common for developers to draw inspiration from existing games and build upon established mechanics and concepts. While PUBG may have popularized the "battle royale" genre and set a standard for other games to follow, it does not necessarily grant Bluehole exclusive rights to every aspect of the gameplay experience. Other games in the same genre are allowed to exist and thrive as long as they do not directly copy protected content or infringe on specific copyrighted assets or code.
Ultimately, while Bluehole may have had concerns over the similarities between Fortnite and PUBG, the credibility of any potential lawsuit is questionable. The lack of a trademark on the term "battle royale" and the existence of numerous other games in the same genre would likely weaken any legal claims. It is important to encourage innovation and creativity in the video game industry, and while copying or plagiarizing another game is unacceptable, drawing inspiration and building upon existing ideas is a fundamental aspect of the creative process.
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Frequently asked questions
Bluehole is considering taking legal action against Fortnite due to similarities between the two games.
It is unclear whether Bluehole has a strong case for suing Fortnite as they do not own the rights to all the similarities, and the term "battle royale" is being used generically to describe the game genre.
"Chicken dinner" is a term used in the context of Bluehole's game, PUBG, to refer to a victory or successful outcome.
Bluehole may be pursuing legal action to protect their market share and competitive advantage, as they do not have a trademark for "battle royale."
