Copyright dispute with Azur Games: State.io vs Map Wars

The quick game I made last year Map Wars actually got sued by Azur Games because they claimed it to be a "complete ripoff". I received the message on a weekend morning and immediately spend several hours making my heated rebuttal. I was particularly mad because they claim that I caused "significant losses" on a 300-strong game company, when I made something like barely a thousand dollars from the entire game. If that's a significant loss for a company that big I'd say they're underpaying their staff. Here's the back and forth between us so far... (they haven't responded yet)

​Dear Apple team,

Azur Interactive Games Limited is a popular and highly respected mobile game company that develops and publishes mobile games around the world. In addition, Azur Interactive Games Limited is currently one of the Top 3 mobile worldwide publishers by downloads.

Azur Interactive Games Limited is the official copyright holder of the mobile game "State.io - Conquer the World". It means that Azur Interactive Games Limited is the owner of the exclusive rights to the UI, game and level mechanics, visual effects and APK. 

Azur Interactive Games Limited has recently discovered that the total clone of its game was published: "Map Wars".

According to the information, placed on the website of the mobile game, yong feng has posted the mobile game "Map Wars".  

Azur Interactive Games Limited states that "Map Wars" game infringes its copyright because it replicates the gameplay organization and experience of the original game:

·       APK;
·       game mechanics;
·       UI;
·       visual effects;
·       level mechanics.

yong feng uses the copyright of Azur Interactive Games Limited. Meanwhile, Azur Interactive Games Limited did not provide yong feng with an authorization to use these subjects.

In accordance with the Article 512(c) of the Digital Millennium Copyright Act a service provider is liable for the infringement of copyright in case if it has been informed about the infringement. 

Please find in the attached screenshots violation of the mobile game "State.io - Conquer the World".
Azur Interactive Games Limited  believes that actions of yong feng create confusion among users, caused by unauthorized use of copyright objects, and causes confusion with respect to the copyright holder of the mobile game and its quality. In addition, due to the presence of the clone game on the App Store, potential users of "State.io - Conquer the World" can download and play "Map Wars" instead of Azur Interactive Games Limited game. As a result, Azur Interactive Games Limited incurs significant losses because of infringement of its copyrights. 

Thus, we kindly ask you to review our claim to "Map Wars" and delete this game from the platform.

Thank you,

[Redacted]

You can reach Complainant through [Redacted], copied on this email.  Please exchange correspondence directly with Complainant.

We look forward to receiving written assurance that your application does not infringe Complainant's rights, or that the parties are taking steps to promptly resolve the matter.  Please keep us apprised of your progress.

Please note that during the course of this matter:

1.  Correspondence to Apple must include the reference number noted above in the subject line and copy the other party.  All correspondence sent to Apple may be shared with the other party.

2.  Written assurance of rights may include confirmation that your application does not infringe Complainant's rights, an express authorization from Complainant, or other evidence acceptable to Apple, and should include documentation wherever possible.

3.  Should you choose to remove your application (for example, while you make any necessary changes), visit App Store Connect at https://appstoreconnect.apple.comand access your app in the Manage Your Application module.

• Access your app in the "My Apps" module
• Click on the "Pricing and Availability" tab from the App   Summary Page and select "Edit" by "Availability"
• Select and deselect "All" territories to uncheck all App Store territories
• Click on the "Done" button

4.  Developers with a history of allegations of repeat infringement, or those who misrepresent facts to Apple and/or the Complainant are at risk of termination from the Developer Program.

5.  Failure to respond to the Complainant or to take steps toward resolving a dispute may lead to removal of the app(s) at issue as in violation of the App Store Review Guidelines and/or the iOS Developer Program License Agreement.  Please keep Apple apprised of your progress.

Thank you for your immediate attention.

My reply:

Dear Apple and Azur Games,

I, Feng Yong, am a student developer and respected individual that creates original games and publishes them around the world. I also holds the rights to the game "Map Wars".

I have received complaints by Azur Games that my game Map Wars is a "clone" of their product State.io. I vehemently disagree and will attempt to prove point by point why this is not the case. In their argument, they state that I replicate their product in terms of game mechanics, UI, visual effects, and level mechanics (I do not understand what APK stands for in this context, as I certainly did not use an APK file for any of Apple's services). I will also attach screenshots of both apps side-by-side and explain the vast amount of differences that exist between all aspects of the two games.

1. Game mechanics

First, although it is true that both games use maps of world countries, it is not a copyrighted concept to have world maps that split into regions or provinces. It is in decades-old strategy games like Risk, which I will attach a screenshot of as well to compare.

Second, the method of gameplay is completely different, because Map Wars and State.io have completely different attack systems: my app, Map Wars, only allows the movement of "populations" from one tile to an ADJACENT tile, whereas State.io allows movement from one tile to another ANYWHERE on the map.

Third, my game, Map Wars, has a heavy emphasis on special Perks, the Map Editor, and community content, none of which have meaningful comparisons in State.io. My Map Editor allows users to create their own versions of maps and upload them to a server that showcases community content, which now includes thousands of original "levels" made my users. As such, I also do not believe the game infringes on the "level mechanics" of State.io.

2. UI

Side-by-side screenshots of Map Wars and State.io do not show any comparable UI, because I drew and created all of my UI using Unity and Photoshop and did NOT copy State.io. The shape of certain maps may look similar, because both apps used world maps as potential settings for certain levels. State.io does not hold the exclusive rights to use world maps, as world maps are available in public domain. All aspects of the menu UI, shop UI, community UI (of which there is no corresponding page in State.io), and settings UI in Map Wars have ZERO similarities to State.io's UI. The usage of a bar at the top of the page to represent the presence of populations may be implemented in a similar manner, but similar bars can be found in a vast variety of games published before State.io, of which I will attach one example, Ravenfield.

3. Visual effects

Map Wars has minimal visual effects due to my lack of expertise in animation, and the game itself mostly just includes a colorful map. I do not understand which particular copyrighted visual effect I borrowed from State.io, because I did not borrow any.

4. Level mechanics

Azur Games claims that I copied their level mechanics, but my game literally has a linear level-by-level game progression, including two categories of playable levels. State.io has a similar level system in that its level system also goes level-by-level, so the only similarity in the two games in level mechanics is the fact that both games have a linear level system. Linear level systems have evidently been in games for much longer than State.io, and is definitely not a copyrighted concept. Also, in order to begin a level, State.io has a "tap to play" button on its main menu. Map Wars, on the other hand, requires players to select a level after clicking on "play" from a dropdown of levels, which also includes other offshoot levels like United States' elections and AI battles, none of which exist in State.io. On top of this, Map Wars includes an entirely different community section, as mentioned previously, that allows users to create and download their own content using a map editor and a community maps page that showcases user-generated levels.

Thus, I kindly ask that a review be made accordingly and my app's rights be protected against claims by State.io.

I am deeply distressed that Azur Games plainly requests a "deletion" of my game and cites their "high respectability" as a "Top 3 publisher in the world by downloads". As a student in California, I do not have the resources to sustain legal actions and can only defend myself with my own words. Azur Games' blanket claim that my game is a "clone" of theirs is a completely unjustified claim, as I have demonstrated in my attempts to argue against every point the made against me. If there are any elements of my game that Apple deems to require a change, I am willing to modify them in accordance, but because the game is fundamentally different from State.io, I strongly believe that a "deletion" of my app is entirely inappropriate.

Sincerely,
Feng Yong

Attachment Photos: