Blizzard Entertainment filed a lawsuit in California on Aug. 16, alleging that Sina Games’ free-to-play Glorious Saga is “almost entirely copied from the Warcraft games and related products.”
The World of Warcraft developer is seeking a court order to stop the infringement and maximum damages for the “serious and irreparable harm to Blizzard and its business,” according to the lawsuit. Specifically, Blizzard is asking for “$150,000 per infringed work,” as well as attorneys’ fees and others deemed “just and appropriate.”
Sina Games is a subsidiary of Chinese software and tech company Sina Corp. Blizzard alleges that “many” of the company’s games are based off well-known franchises like Yu-Gi-Oh!, Naruto, and, of course, Warcraft.
Glorious Saga is available in China and elsewhere; in the United States, the app is downloadable on the Google Play Store under the name Glorious World. It’s listed under a different developer and name, however, though the screenshots show the title Glorious Saga. It’s described on the store as a “real time strategy game for building an empire.”
Blizzard’s lawyers say that the defendants have “profited handsomely” from the game and its alleged copyright infringement, “attracting thousands of consumers” to Glorious Saga by using the offending imagery.
But Sina Games is just one of many games that have appropriated elements of Blizzard’s intellectual property. According to the lawsuit, game studios often attempt to copy characters or imagery “because of the immense popularity of the Warcraft games and Warcraft universe,” and Glorious Saga is just “among the latest” that have done so.
Blizzard outlines a number of complaints in the suit, including Glorious Saga’s use of Warcraft character names like Jaina Proudmoore, Gul’dan, and Malfurion.
“Every monster, creature, animal, and vehicle in the Infringing Game was copied from the Warcraft games,” the suit alleges. “Weapons, amulets, and other objects were taken straight from the Warcraft games, without pretense. Audio cues and sound effects from the Warcraft games were reproduced for the Infringing Game.”
Blizzard’s lawyers also pointed to Glorious Saga’s mobile icon, which recreates the cover of the Battle of Azeroth expansion cover — itself a throwback to the original Warcraft: Orcs and Humans. Both images feature a human and an orc-like character eye-to-eye and snarling. Other examples listed in the lawsuit include miniaturized versions of Warcraft universe characters: what seem to be copies of Illidan Stormrage, Grommash Hellscream, Malfurion, and Gul’dan. Blizzard alleges that Sina Games’ use of Warcraft material was “willful and intentional.”
Blizzard is represented by Marc E. Mayer and Mark C. Humphrey from Los Angeles-based law firm Mitchell Silberberg & Knupp. Neither Blizzard, its lawyers, or Sina Games have responded to Polygon’s inquiries before publication time.
Update (Aug. 30): Sina Games’ Glorious Saga went offline on Aug. 29. “All servers will be closed,” a representative wrote on the game’s Facebook page. The developer cited “irresistible reasons” for the closure, but did not mention the lawsuit.
Blizzard Entertainment vs. ... by Polygondotcom on Scribd
Comments
That’s one way to get yourself kicked out of China
By xPutNameHerex on 08.28.19 10:14am
Tencent’s investment in Activision Blizzard may work in their favor here, depending on the relative value of Sina games.
By ench on 08.28.19 2:04pm
The chibi versions of the bosses/characters are pretty shameless lol
So fucking lazy, like is it really such a stretch to make a bunch of orks and demons who don’t look exactly the same?
By Aqua-Regis on 08.28.19 10:30am
For years, so many chinese games on mobile have copied Warcraft. Character design mimics all their characters. I have seen some games that copied all the ability icon art from WoW and simply recolored them.
By Talonia on 08.28.19 10:47am
At the same time, the fact they are orcs and demons will make it hard for Blizzard to win this lawsuit, especially in China. I mean it is the same fact that kept them from getting sued when they decided to cut ties with Games Workshop for the original Warcraft. You can’t get more generic than basic fantasy.
By Shmee on 08.28.19 10:48am
Yeah but when they use the exact same character names for said Orcs and demons? Not a good look.
By Oldnaud on 08.28.19 11:19am
Hey, if Blizzard doesn’t want to make my Warcraft 4. Then some Chinese company can do it.
By Dr. Panda on 08.28.19 2:04pm
The names seem like the really strong case. Those are copyrighted IP, and you don’t need to make a "look and feel" argument when the spelling is identical.
By ench on 08.28.19 2:05pm
Good thing they filed the suit in California and not China then.
By pdch on 08.28.19 11:35am
I thought that, but if you look at the characters in the document it’s same accessories etc, its so many details that are the same it’s hard to deny.
That’s my point, they could have aped the style or races and been clear and free because nobody owns orks and demons.
By Aqua-Regis on 08.28.19 11:36am
these copy cats are always spammed via social media ads
By j0eb0xerr on 08.28.19 11:19am
This is a blatant rip off but like, It’s kind of hilarious cause Warcraft pretty much just lifted everything from Warhammer in the first place.
By PointyThings on 08.28.19 11:42am
There’s a difference though. Warcraft took a ton of inspiration from Warhammer, but they at least put their own names on things and developed their own independent (if extremely similar) lore. Warcraft is to Warhammer as Sword of Shannara is to Lord of the Rings.
By ench on 08.28.19 2:08pm
That’s because, Blizzard, wayyyyy back in the day was contracted to make a Warhammer game. But the deal fell through or Games Workshop decided they didn’t want it or whatever, so instead of throwing the work out, BAM! Warcraft: Orcs & Humans.
By CamelAttack on 08.29.19 3:29am
Warcraft admittedly began as a Warhammer knockoff, but it was a legally distinct Warhammer knockoff. No names being copied there.
By harrylane4 on 08.29.19 2:46pm
Ripoffs are often hilarious. My buddy found a ripoff Harry Potter toy in a dollar store named Hoary Petter.
By Penisnipples on 08.28.19 12:28pm
I once found rip-off Lego Batman sets labelled "Lago Man-Bat". It’s great.
By BlackFyre786 on 08.28.19 4:35pm
My favourite off brand has always been Fony. Why beat around the bush.
By KD27 on 08.28.19 6:02pm
Ripoffs makes me unreasonably upset. Its so god damn lazy.
By MothPancakes on 08.28.19 12:35pm
Is there a defense that can be used that is essentially so many other people are doing it why do you care if we do? Feels like that’s all these mobile lawsuits would turn into.
By Darkaine on 08.28.19 2:19pm
Sort of! There’s a term called "genericization" which is that an originally-trademarked term has entered colloquial life so thoroughly that they can’t really claim it as theirs anymore.
It’s the reason why official Google documentation never refers to "googling" something and always as internet searching. One of the things that can lead to a trademark getting genericicized is if the original company doesn’t take any action to keep it from happening.
By Fabiolean on 08.30.19 10:00am
China is Honey Badger… they truly DGAF!
https://www.techeblog.com/13-fascinating-images-of-world-joyland-chinas-world-of-warcraft-theme-park/
By xSushi on 08.28.19 2:21pm
"But Your Honor, you see in our game, the human’s on the LEFT and the orc’s on the RIGHT. Completely different."
By BlackFyre786 on 08.28.19 4:32pm
Hopefully you can log in to that one, my friends been in a wow classic 4087 minute Que for the last 2 days.
By Obe Wan on 08.28.19 4:42pm
Have a close childhood friend who has 99% of her family in China, she moved her at age of 2 with her parents. I get to hear about the culture in China from her and one thing I learned long ago is that in China the notion or idea of "copyright" is very foreign / alien to them. They simply don’t really have copyright or patent laws like much of the western world does, which is part of the reason it is so damn easy to get away with stealing other people’s ideas and selling it in China – which is basically entirely legal. Most copyright lawsuits either get thrown out of court almost immediately or just outright fail.
One of the very bizarre things in China.. I would hate to be a creative person trying to make a living in a society where you cannot even own your own ideas and creations, that other people can take them and sell them. Ugh.
By Hathur999 on 08.28.19 7:09pm