Episode 728: Video Game Lawsuits - Cloned Games (Patreon)

Kevin: Mark Twain once wrote that “there is no such thing as a new idea.” Instead, people tend to remix the same existing ideas into new forms and expressions. But in the case of video games, sometimes these developers get a little too close to their “inspirations” and find themselves in legal hot water. These threats and lawsuits have shaped how video gaming has grown since the earliest ones in the 1970s, and after playing a couple such machines recently at an arcade I wanted to delve into this topic further.

From Pac-Man and K.C. Munchkin, Street Fighter II and Fighter’s History, to Scramble and… Scramble, we’re here to talk about the history of legal wrangling over what is a clone, what is a bootleg, and to what extent can a company lay claim to the ideas and concepts of their game?  The erstwhile Diamond Feit joins me here, as do two Retronauts newcomers: copyright and technology lawyer Meredith Rose and veteran games journalist and podcaster Mollie Patterson. They bring with them a lot of knowledge and unique perspectives into the world of case law and precedent, and hopefully by the end you’ll also understand why Guile and Matlok Jade are not the same! If nothing else, it’s always fun to learn about a large corporate entity getting roasted after throwing its weight around.

Legal filings have been some of the juiciest sources of video game history documentation in my research experience, and I’m interested in doing more episodes on how the legal system has affected gaming. If that’s something you want to hear more of, by all means let us know!

Edits by Greg Leahy, art by Nick Wanserski

12:26 - Fighter's History (Arcade): Liu Feilin

21:29 - Pokémon Stadium: Mewtwo Battle

33:26 - Namco Museum Vol. 3: Ms. Pac-Man Game Room

46:43 - Clon: "First Love"

57:21 - Neo Geo Battle Coliseum: Mizuchi | Marvin Gaye: "Got to Give it Up"

1:14:11 - Karate Champ (Arcade): Title / Name Entry

1:25:58 - Theme from International Karate (C64) | Fighter's History (Arcade): Ryoko Kano

1:42:24 - Fighter's History (Arcade): Matlok Jade

1:55:28 - Tetris 99: Main Theme (99 Players ver.)

2:07:25 - Alice Cooper: "Clones (We're All)"

Closing - Alice Cooper: "Clones (We're All)" (cont.)