KII Minsk 2025: REVERA on Copyright and Dispute Resolution Using Platforms

We continue to share videos (and transcripts) of the talks from the Minsk session of the "Gaming Industry" conference (GIC) that took place in April. Today’s featured presentation is “The Most Common Disputes in GameDev and How to Resolve Them Without Going to Court” by Kristina Voinilovich, a lawyer from REVERA. Plus, just a reminder that on July 10, the "Gaming Industry" will be held in Saint Petersburg.

YouTube Video

Video from VKontakte

My name is Kristina, I am a lawyer specializing in IT arbitration disputes with the law firm REVERA. Today, we will discuss an intriguing topic: the most common disputes in the game development industry and how to resolve them without going to court. We will touch on topics such as: what generally are the grounds for disputes and how to avoid them. Then, we will talk about the primary conflict resolution methods and specifically delve into the big topic of platform disputes.

So, what are the disputes in game development about? The first and most frequent category is copyright. Copyright arises from the moment of creation and applies to all major game elements, from source code to text, fonts, and character designs. Since this is a vast category covering nearly all key game elements, developers often use it to make direct claims based on, for example, game copying.

Another equally common category is trademarks. A trademark includes the name, brand, and logo that can also be copied by a competitor.

Another basis for disputes is unfair competition, possibly the most interesting category. It can involve cases where one party is accused of copying a specific element or the essence of another game, as well as advertising cases where the plaintiff claims the defendant's marketing campaign misleads users.

Separately, there is a huge category of contract disputes, most often regarding publishing conditions. We won't cover this topic today.

There are also disputes in the gaming industry involving areas like patents, trade secrets, and more. However, these categories are rare and not worth discussing in detail. You're unlikely to encounter them.

Now, let’s look at a practical example of how a dispute might arise. Let's start with the case of two games. One is Subway Surfers, a well-known game that was quite popular in the 2010s. There is another very similar game from a completely different developer.

This is typically how a conflict arises. There's an original developer with an original game featuring unique assets, such as certain trains, tracks, coins, and a running girl. Then, in a second game, we see a very similar situation with analogous elements—also featuring a train, tracks, and a running girl.

This is where copyright disputes usually begin.

For one party, the dispute may become more complicated if we also see that the name of the second game includes elements from the first project’s name, especially since Subway Surfers is registered as a trademark. Therefore, a claim could be made based on the name.

Additionally, accusations of unfair competition may arise, or a claim of a patent on the game's mechanics. However, these are rare.

So, how can you reduce the risk of receiving claims if there are grounds?

The first step is to familiarize yourself with the terms of all open-source licenses you use. Often, they contain conditions that could be problematic, like a ban on commercial use of the final product. To avoid accidentally causing a conflict, it is crucial to read the license of any solution you plan to use in your game.

The next step is to check the application's name for similarities to other names or competitor logos, especially those registered as trademarks. Preliminary checks are often conducted for this purpose.

You should also ensure there are no identical graphic elements. For example, game mechanics are not protected by copyright and are rarely patented. So if a game has similar mechanics, that’s usually fine, but there should be no direct copying of visuals. Similar visuals typically lead to claims.

Therefore, if your game has any spiritual predecessors, it’s necessary to check them.

What should you do if your game is copied?

Let’s examine the approaches. You can quickly contact the developer and try to resolve everything peacefully. However, there are many unscrupulous developers who may ignore claims. In such situations, you can’t influence them alone.

The next approach is to involve the platform. Like negotiations, this can be quite fast, as platforms often have a separate form where you can just post succinct legal grounds. Filing such a complaint is usually very cheap. Plus, the platform often acts as a neutral arbitrator. It can block, push the other side, and prompt them to respond to your claims. This helps resolve conflicts more quickly.

Another way to resolve a conflict is through court. This is very costly and time-consuming, as legal gaming disputes often involve multiple countries’ jurisdictions. Moreover, executing a decision, especially if one party is in Asia, is very challenging. You won't be able to collect any money.

Platform disputes arise in various jurisdictions, most frequently in the US, where most platforms are based. Therefore, they are governed by the DMCA. How does it work? First, the rights holder files a complaint. Then, there are two options—denial or blockage.

A denial isn’t the end of the story. If your complaint is denied, no problem. Firstly, you can refile the complaint. Secondly, you can try to contest the complaint on the platform itself. Contesting is rare and seldom successful, but revising and refiling can be quite effective.

If you succeed in getting a blockade, great: the platforms enforce the decision immediately. The game will be blocked.

However, the violator can then submit a counter-notification. This usually includes a brief statement where the violator claims they haven’t violated anything and perhaps cites a license or other grounds to justify using, for example, certain creative elements or materials.

What happens when a counter-notification is submitted? It is forwarded to the rights holder, and they are given 10-14 days, depending on the platform, to unblock the game or to file a lawsuit. The block remains in place.

Now let's break down the mechanisms of specific platforms.

Starting with Google Play, the mechanism is very similar to what was described above. They have forms for complaints and for counter-notifications. Additionally, Google requests extensive comments for decision-making. They block immediately after deciding. A developer may not even know complaints were filed against them until they learn about the block. This is a drawback. However, Google does allow counter-notifications. The function works reliably: when a counter-notification is filed, Google immediately sends the matter to court. The average complaint review period is one to two months. It can be longer, especially for repeat complaints.

Apple uses a completely different mechanism. Here, a complaint is immediately forwarded to the other party. Apple gives both parties a chance to resolve the conflict themselves. If the violator doesn’t respond, Apple may block the developer and their game within one to two months.

Working with RuStore and Yandex.Games can be more challenging because different laws apply in our jurisdiction. In Russia, there’s no mechanism for submitting counter-notifications. For example, RuStore has no form where you can file a complaint and be contacted. You have to write to support and try to get them to block the infringer. In our experience, only apps involving 100% copying were effectively blocked. Yandex.Games has its own forms for complaints and counter-complaints. A notable advantage is that complaints on this platform are reviewed by lawyers, real people.