Krafton is suing Google, YouTube and Apple over alleged PUBG clones

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The Playerunknown's Battlegrounds studio want the Free Fire games removed from sale, but Apple and Google aren't cooperating.

Playerunknown's Battlegrounds studio Krafton has filed a lawsuit against Apple, Google, YouTube, and free-to-play game company Garena over two mobile games, Free Fire (originally called Free Fire: Battlegrounds) and Free Fire: Max, which it says "extensively copy numerous aspects" of the groundbreaking battle royale game.

PUBG – Playerunknown’s Battlegrounds Games T-Shirt

Garena began selling Free Fire in Singapore in 2017, shortly after the launch of PUBG, according to the lawsuit (via The Verge). That apparently led to a complaint and settlement, but that settlement did not include any sort of licensing deal or permission to distribute the game. Despite that, a mobile version of the game appeared on the App Store and Google Play that same year, followed by Free Fire Max in 2018.

Krafton, Playerunknown’s Battlegrounds studio, has filed a lawsuit against Apple, Google, YouTube and free-to-play games company Garena over two mobile games, Free Fire (originally Free Fire: Battlegrounds) and Free Fire: Max, in which states “largely copy numerous aspects” of the groundbreaking battle royale game.

PUBG – Playerunknown’s Battlegrounds Games

According to the lawsuit (via The Verge), Garena began selling Free Fire in Singapore in 2017, shortly after the launch of PUBG. This apparently led to a complaint and settlement, but that settlement did not include any licensing deal or permission to distribute the game. Despite this, a mobile version of the game appeared on the App Store and Google Play in the same year, followed by Free Fire Max in 201

The suit claims that both games duplicate PUBG features, including the “unique game-opening feature ‘Air Drop’, the game structure and play, the combination and choice of weapons, armor and unique objects, locations, and the overall choice of color schemes and materials and textures.” .”

PUBG – Playerunknown’s Battlegrounds Games T-Shirt

Krafton claims Garena has made “hundreds of millions of dollars” from sales of the apps and in-app purchases worldwide. It also points fingers at Apple and Google, who have backed in-app purchases (each taking a percentage of purchases through their in-game payment processing systems) while rejecting Krafton’s request to stop distributing the games.

YouTube is also cited as a defendant for hosting (and refusing to remove) videos featuring Free Fire and Free Fire Max gameplay, as well as the Chinese feature film Biubiubiu, “an unauthorized adaptation of Battlegrounds that features a dramatized live Action version of Battlegrounds gameplay.”

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Video game analyst Daniel Ahmad actually pointed out the possibility of copyright infringement in July 2021:

Interestingly, the lawsuit alleges that prior to his efforts to have Biubiubiu removed, Krafton filed a copyright infringement claim over another PUBG-like film called Run Amuck. In this case, YouTube acted (although the film is still available), which Krafton sees as evidence of a double standard at work: “Unlike Biubiubiu, the Run Amuck videos were posted by individual users who undoubtedly lack the depth pockets, necessary to fully indemnify YouTube from liability for copyright infringement,” the lawsuit reads.

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Krafton also cites a similar lawsuit filed by Ubisoft against Google, Apple and game developer Ejoy in May 2020 over a mobile clone of Rainbow Six Siege. “Apple and Google refused to comply with a video game developer’s request to remove an infringing game from their respective stores,” the lawsuit reads. “Only after the developer filed lawsuits against the infringing developer and Apple and Google did the infringing developer remove the app themselves. Significantly, neither Apple nor Google ever took any action themselves.”

In this case, Ubisoft withdrew its legal action against all parties after the Rainbow Six Siege clone was withdrawn from sale, and it’s possible that the same could happen in this case. For now, however, Krafton is seeking injunctions against selling Free Fire and Free Fire Max, posting videos featuring both games and the Biubiubiu movie, and all kinds of financial damages. The sums could be significant: Garena is not particularly well known, but in 2020 parent company Sea Ltd. Over $2 billion in sales in the Digital Entertainment category alone.

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