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I am also not an american copyright lawyer, is that "dissecting the details, ignoring the grand scale" how american IP laws for video games work? Concerning #5
by Jon_Lowtek 5y ago
I am also not an american copyright lawyer, is that "dissecting the details, ignoring the grand scale" how american IP laws for video games work?
Concerning #57 and #59 the chapter is about what PUBG is, not about what is copied or copyrighted. You are wrong when you say they claim "using clothing is copyrighted" they do not make that claim at all. That chapter in the document describes in detail the artistic choices Krafton made in their expression of a battle royal last man standing free for all deathmatch arena ego shooter that is PUBG.
In the next chapter (#78+) they argue that Garena is copying the overall look, feel, and audiovisual style, gameplay, maps, and many detailed design choices. They don't even pick up on that specific detail of clothing again.
While i completely agree with you that they did not in fact come up with the artistic choice of clothing in mixed civilian and military gear, they directly lifted it from DayZ, which took it from the generic post-apocalyptic setting, the point of these details is to show that Garena is infringing by creating an almost identical expression of the idea, instead of creating a distinct expression of their own.
It seems to me that the whole thing is not about sueing them over details like the level3 helmet looking almost identical to the one from the PUBG box art and marketing material. Yes Krafton claims the rendering of that helmet is a copyrightable piece of visual art in #57, but they do not claim that this piece of art was copied in #94, they claim that Garena used the same three types of helmets (motorad, military, spetsnaz) as their level 1,2,3 gear as part of their overall attempt to copy the whole game down to the details.
The document seems less like a list of small infringements and more like list of examples of one big infringement. The core claim is that Garena is intentionally making an identical game. (again, not a lawyer)