PUBG Lawsuit Against Fortnite: A Deep Dive

Copycat Killers

The PUBG Corporation, a subsidiary of Bluehole, surprised many by filing a copyright infringement lawsuit against Epic Games’ Fortnite in Korea in January 2018. While the news didn’t immediately reach a global audience, the accusations were clear: Fortnite, a game already in existence when PUBG was gaining traction, had copied the Battle Royale gameplay experience. This seemingly aggressive move was initially met with skepticism, but further examination reveals a more complex issue.

Why File a Suit in Korea?

The choice of Korea as the venue for this lawsuit raises questions. Korea is a significant gaming market, but it’s not the global epicenter. A potential reason is that PUBG Corporation might be employing a strategic approach: testing the waters in a regional court to gauge the viability of their claims before taking similar action in more influential markets like the United States or China. A successful Korean ruling wouldn’t be automatically binding elsewhere; however, it could prove valuable leverage in future negotiations.

Was There an Actual Copyright Infringement?

PUBG’s fans and industry observers immediately questioned the validity of the suit. The argument often revolves around the fundamental question of whether a gameplay concept – Battle Royale – can be copyrighted. The argument suggests that PUBG Corporation is retaliating against Fortnite’s popularity, rather than focusing on genuine copyright infringement.

• PUBG’s popularity had already waned by the time of the suit, and Fortnite was rising.
• The underlying question lies in whether core game mechanics can truly be copyrighted, leading many to believe the suit is misdirected.

This debate centers on whether specific design elements—like the “chicken dinner” or particular weapon mechanics—can be protected by copyright. The outcome hinges on the court’s interpretation of the infringement claim.

Can You Copyright a Genre?

The lawsuit sparked a broader discussion about the copyright-ability of a genre. The Battle Royale genre had already exploded in popularity, with numerous games quickly adopting similar mechanics. This rapid proliferation made it challenging to pinpoint specific, unique aspects of PUBG’s gameplay that Fortnite directly copied.

• The quick replication of the Battle Royale formula across various games raises questions about the potential for genre protection.
• Ultimately, existing precedents suggest that a whole genre cannot be copyrighted.

The core argument centers around the concept that copyright protection typically rests on specific and original design elements rather than overarching genre characteristics.

The Core of the Problem

PUBG Corporation’s lawsuit isn’t simply about Fortnite’s Battle Royale mode. It stems from perceived imitations of specific gameplay mechanics and features, rather than the entire genre itself. Further, the lawsuit also addresses the relationship between PUBG’s development and Epic Games’ Unreal Engine 4. PUBG is built on this engine, implying a close relationship with the developer and the possibility of knowledge sharing.

The lawsuit likely targets particular features that could constitute derivative work and copying of PUBG’s intellectual property. This includes similarities in weapons, map layouts, and even specific mechanics.

• Other games, like Rules of Survival and Knives Out, have come under scrutiny for perceived similarities to PUBG.
• PUBG Corporation’s concern revolves around Epic Games capitalizing on PUBG’s success in a market that they had contributed greatly to.

PUBG Gets the Chicken Dinner?

A potential PUBG victory in this lawsuit would have significant implications. Fortnite would likely be restricted from its Battle Royale mode in Korea, though any financial settlement would likely be contingent on the specific court ruling. A win could open doors for further lawsuits, though it’s essential to understand that a court decision in Korea wouldn’t automatically enforce restrictions in other jurisdictions.

The lasting effect of a potential victory would be far-reaching, potentially impacting the wider gaming landscape and altering the development strategies of future games.