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Atari Going After iPhone Breakout Clones
Posted by Stuart Houghton at 8:20 AM on September 19, 2008
Atari has fired off some stern letters to iPhone games developers, citing infringement of their Breakout intellectual property.
Bootant has received a takedown for Break Classic and BreakTouch 3D and SpiffyWare was given a talking to for SuperPong 2 - citing both Breakout and Pong infringements.
Thing is, while the Tetris clone Tris was pulled, this was due to the too-similar name - the gameplay was almost certainly not actionable. If Atari are applying the same legal principles, shouldn't they also be going after the producers of Breakin' 2: Electric Boogaloo?
Atari's Legal Team Attacking iPhone "Breakout" Clones [Touch Arcade]

Comments (AU Comments · US Comments)
There are currently no AU comments for this post.
WilburHorse
Posted 9:07 AM 19/9/08
@balls
The guy who created breakout (or was a major contributing factor), ironically, was Steven Wozniak. Steve Jobs though was collecting most of Woz's well deserved pay, so in the end your right. He did get screwed.
WilburHorse
Benjammn
Posted 9:01 AM 19/9/08
@FenderMaster:
The stupid thing is they aren't making the games they are protecting their copyrights for. This would all be solved if they actually made games once in awhile.
Benjammn
balls187 upside yo head
Posted 9:00 AM 19/9/08
@squishyfishy: Not really. Jumping on an enemy doesn't make a game a Mario Clone.
Breakout is a much simpler game. If I had a game simply about breaking blocks with a ball, that wouldn't necessarily be a break out clone. But add a sliding paddle, and you've essentially got a derivation of Breakout.
Now imagine if you've created a simple, but fun, unique game. And the rest of the world copies the idea and sells their version of the game and you don't make any money from it. Is that really right?
Sure, the dude who created Breakout probably didn't get shit (see: guy who invented mp3 players), but it's a matter of principle at this point.
balls187 upside yo head
balls187 upside yo head
Posted 8:53 AM 19/9/08
@ragingmime: Are you certain that Arkanoid didn't license the rights from Atari?
balls187 upside yo head
balls187 upside yo head
Posted 8:52 AM 19/9/08
@RiceBandit: It's not apple's job to enforce patents.
If all said breakout games are free, I'm less concerned, but people who are making money off the IP of others, should be fucked, proper.
balls187 upside yo head
antialias02
Posted 8:51 AM 19/9/08
@PATSCRU: You're kidding, right? It's a little late for Atari to start protecting a copyright on "Breakout". Then again, I'm not a judge. I hope this one goes to court and gets struck down good and hard.
@ragingmime: Like I said, I'm no judge/lawyer, but I'm 99% sure you're right.
antialias02
PATSCRU
Posted 8:49 AM 19/9/08
I agree with atari on this one...most games in the casual market (and hell, even some in the hardcore market) are blatant ripoffs of classics. These copycats should be acted upon. Creativity and innovation should be rewarded, not exploited. Make devs come up with original ideas instead of half assed clones and we'll all be better off.
PATSCRU
TheIrishNinja
Posted 8:45 AM 19/9/08
@ragingmime: not sure i follow the context of N+ here.
TheIrishNinja
TheIrishNinja
Posted 8:45 AM 19/9/08
@Squamden: prolly the first they saw a profit from.
im confused; wasnt it originally called arkanoid, or did i play a clone in the day too?
TheIrishNinja
ragingmime
Posted 8:40 AM 19/9/08
Arkanoid has been around for years and nobody's batted an eye. Atari is doing this solely because these are little developers and a big company can push them around. Few small developers would want to go to court, but they'd probably win if they did.
I'm not a lawyer, but I believe that if you don't protect your copyrighted material for a while, you eventually forfeit your right to sue people for using it.
I was considering buying N+ partly to support a company that gives indie developers a chance, but I'm rethinking that now.
ragingmime
tehkid
Posted 8:39 AM 19/9/08
Don't hate on Turbo, Ozone, or Special K!
Dance off at the Rec Center!
tehkid
squishyfishy
Posted 8:33 AM 19/9/08
Sueing for a clone of breakout is the equivalent of Nintendo sueing for any platformer where enemies are killed by jumping on them.
squishyfishy
RiceBandit
Posted 8:33 AM 19/9/08
I'm no legal monkey, but shouldn't they be going after Apple instead, since they're the ones who approved them?
RiceBandit
FenderMaster
Posted 8:29 AM 19/9/08
I guess even Atari has to put some bread on the table, they certainly arent making money from games anyway
FenderMaster
Sustenance
Posted 8:29 AM 19/9/08
Pathetic.
Sustenance
Kreepman
Posted 8:25 AM 19/9/08
First Tris, now this!?
Kreepman
Squamden
Posted 8:23 AM 19/9/08
There have been so many breakout clones, why even bother? It's interesting that the iPhone is the first platform that they feel threatened by.
Squamden
McFazo
Posted 8:23 AM 19/9/08
Atari lawyers is sure busy nowadays. Wonder if their game devs are at work too. :P
McFazo
squishyfishy
Posted 8:23 AM 19/9/08
I suppose atari'll be getting on the Nintendo suein' bandwagon now, citing "Alleyway" on the gameboy as a cause for concern.
squishyfishy
Badassbill
Posted 9:28 AM 19/9/08
It's the names, not game play they are classing as a copyright infringement. Get a brain please people.
Badassbill
xyzface
Posted 9:28 AM 19/9/08
shouldn they concentrate on making some decent "new" games instead of going after the hundreds of clones pong and breakout out there
xyzface
Squamden
Posted 9:21 AM 19/9/08
@TheIrishNinja: Haha I hope that your memories aren't ruined just because it was a clone, I really like Arkanoid too.
Squamden
TheIrishNinja
Posted 9:19 AM 19/9/08
@Squamden: holy shit! all those years at the arcade, i was so certain it was the real deal. that's crazy.
TheIrishNinja
Squamden
Posted 9:18 AM 19/9/08
@TheIrishNinja:
Yeah, you played a clone, Arkanoid was based on Breakout, although it was very well done.
Squamden
Dragoonkin
Posted 9:55 AM 19/9/08
@Badassbill: They'd have to read the article and not just the headline, then.
And 'round here, some days, that just doesn't happen.
Dragoonkin
balls187 upside yo head
Posted 9:54 AM 19/9/08
@WilburHorse: Ahh. That probably essplains why Breakout came with most older ipods.
balls187 upside yo head
Babylonian
Posted 10:38 AM 19/9/08
I don't understand Houghton's point about the legal principles. 'Tris' has as much in common grammatically with 'Tetris' as 'Break Classic' does with 'Breakout'. How is this different?
Babylonian
JorgieX
Posted 10:34 AM 19/9/08
i just saw those games there yesterday. I was thinking the same thing. LoL
I buy a game almost everyday something new pops up. But I don't see myself paying anything for classics. I am all about unique and quality games and apps. I am so addicted to the Texas Holdem online multi-player. and I love and own, VAY, enigmo, tap tap, aurora feint, Sol free, and now for 2.99 Cro-Mag fun A@% game if you like mario kart style racing.
JorgieX
JonDarkwood
Posted 10:29 AM 19/9/08
Pathetic regardless of the reasons.
JonDarkwood
Frologic
Posted 10:52 AM 19/9/08
Seriously, Atari. Go make tampons or something.
Frologic
Alicia
Posted 11:38 AM 19/9/08
Atari has really pulled out all the stops when it comes to embarassing themselves.
Alicia
stupid_mcgee
Posted 11:35 AM 19/9/08
@RiceBandit:
Good point. I like how no one blinked an eye over the fact that Apple can, at any time, erase data from your phone. I wonder if the the response would have been the same if Microsoft were in the same position?
Breakout was and still is an amazing game. People ripping off that game shouldn't be paid for copy pasting someone else's game. The 3D one might be somewhat arguable, butthe others are blatant clones.
RE: Tris. They probably did that because it was the easiest and fastest route to prove copyright infringement. I'm not a lawyer, but I imagine it's easier to argue violation of a known logo than it is to argue intellectual property and to piece-by-piece explain the similarities. And lawyers, especially big business lawyers, cost a lot of money.
stupid_mcgee
Shockadin
Posted 11:21 AM 19/9/08
Atari is using up so much lawyers I bet the game developers are being given briefcases and a copy of Phoenix Wright. Because surely I have not seen any game recently. At least that I care about.
Shockadin