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Mobile Dev steals Concept & Name of Gaming Industry artist Kevin Hanna's comic

First Jeff Minter, now this?

Kevin Hanna, (Artist/writer of Clockwork Girl, and Art Director for Plants Vs. Zombies) made a graphic novel, called Creature Academy.

Recently, he discovered that Mobile Dev Kabam basically stole his entire idea and made an F2P mobile game out of it.

So Kevin made a comic about it. I'll let it speak for itself.

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Kabam if old.
 

BocoDragon

or, How I Learned to Stop Worrying and Realize This Assgrab is Delicious
To be fair, the name and concept is generic as hell.

Pokemon x Harry Potter and then named what it is on the tin.
 
Last panel be like
tumblr_name8hM1G51qglypyo1_400.jpg
It really isn't? Dude seems pretty civil in this comic despite the shitty situation that directly affects him and what he can do with his creation in comparison to Buckley's "Stop saying games make me violent OR I'LL KILL YOU".

tumblr nose ahoy
 
Dude's comic sucks and looks stiff and weird. He should have just written a blog post. And what's that panel about copywrite's about. Did he not legally protect his IP? Then I can't really feel sorry.
 
I want to feel sympathy, but goddamn is that a generic concept.

Also, Pokemon's popularity in the gaming sphere kneecaps a lot of the comparisons to be drawn, I think.
 
This industry can definitely be quite scummy. Even more sad, is when another indie studio does the same thing.

I actually had a sort of similar thing happen to me with my indie game, Ninja Exorcist.
https://ninjaexorcist.wordpress.com/

Before Klei entertainment even announced Shank 2, I applied for a job there (Klie is from my hometown, Vancouver BC, Canada), and showed them screenshots and designs for my WIP indie game, Ninja Exorcist. It was a side-scrolling, stealth-action Ninja game. At the time, there were very few stealth side-scrollers for us to even use as reference.

Fast forward numerous months later, after Klie announced and then released Shank 2, they eventually announce Mark of the Ninja, an action-stealth, side scrolling Ninja Game.

Like, in all fairness, the general idea isn't exactly the peak of creativity, but I had never seem a game quite like it. It was super depressing to eventually find out how close the base concept for the game was to my own. It wasn't even a question that they ripped off the idea. In fact, they were close enough, and we had so many development speed bumps (we were a small team, two guys, who outsourced art), and the scope so big, we
weren't able to show the game or announce it until after Klei announced, Mark of the Ninja. We even had some guys try to shame us for ripping them off...

We also had an incredibly hard time getting any publicity for it. I often wonder if that was due to people believing we were ripping Klei off. In truth, the experience ended up deeply affecting my life on a personal level. It's just depressing that Klie didn't even have enough integrity to choose a different theme (why choose Ninjas? there are a million other ideas they could have done). It almost feels like they did it purposefully out of spite, or to run us out of business.
 
So he ripped off Pokemon and countless others, than didn't do anything with his rip off IP besides a Graphic Novel that no one heard of and got mad when someone else beat him to the punch on a mobile game based on his generic concept that literally every kid who played Pokemon probably thought of at some point?

This industry can definitely be quite scummy. Even more sad, is when another indie studio does the same thing.

I actually had a sort of similar thing happen to me with my indie game, Ninja Exorcist.
https://ninjaexorcist.wordpress.com/

Before Klei entertainment even announced Shank 2, I applied for a job there, and showed them screenshots and designs for my WIP indie game, Ninja Exorcist, which was a side-scrolling, stealth-action Ninja game. At the time, there were very few stealth side-scrollers.

Then, fast forward numerous months later, after Klie announced, and then released Shank 2, they eventually announce Mark of the Ninja, an action-stealth, side scrolling Ninja Game.


Like, in all fairness, the general idea isn't exactly the peak of creativity, but I had never seem a game quite like it. It was super depressing to eventually find out how close the base concept for the game was to my own. It wasn't even a question that they ripped off the idea. In fact, they were close enough, and we had so many development speed bumps (we were a small team, two guys, who outsourced art), and the scope so big, we
weren't able to show the game or announce it until after Klei announced, Mark of the Ninja. We even had some guys try to shame us for ripping them off...

We also had an incredibly hard time getting any publicity for it. I often wonder if that was due to people believing we were ripping Klei off. In truth, the experience ended up deeply affecting my life on a personal level. It's just depressing that Klie didn't even have enough integrity to choose a different theme (why choose Ninjas? there are a million other ideas they could have done). It almost feels like they did it purposefully out of spite, or to run us out of business.


Ninja Exorcist doesn't really seem to be similar to Mark of the Ninja at all, aside from the Ninja aspect.
 
This industry can definitely be quite scummy. Even more sad, is when another indie studio does the same thing.

I actually had a sort of similar thing happen to me with my indie game, Ninja Exorcist.
https://ninjaexorcist.wordpress.com/

Before Klei entertainment even announced Shank 2, I applied for a job there (Klie is from my hometown, Vancouver BC, Canada), and showed them screenshots and designs for my WIP indie game, Ninja Exorcist. It was a side-scrolling, stealth-action Ninja game. At the time, there were very few stealth side-scrollers for us to even use as reference.

Fast forward numerous months later, after Klie announced and then released Shank 2, they eventually announce Mark of the Ninja, an action-stealth, side scrolling Ninja Game.

Like, in all fairness, the general idea isn't exactly the peak of creativity, but I had never seem a game quite like it. It was super depressing to eventually find out how close the base concept for the game was to my own. It wasn't even a question that they ripped off the idea. In fact, they were close enough, and we had so many development speed bumps (we were a small team, two guys, who outsourced art), and the scope so big, we
weren't able to show the game or announce it until after Klei announced, Mark of the Ninja. We even had some guys try to shame us for ripping them off...

We also had an incredibly hard time getting any publicity for it. I often wonder if that was due to people believing we were ripping Klei off. In truth, the experience ended up deeply affecting my life on a personal level. It's just depressing that Klie didn't even have enough integrity to choose a different theme (why choose Ninjas? there are a million other ideas they could have done). It almost feels like they did it purposefully out of spite, or to run us out of business.

Those are pretty serious accusations that would require much more evidence than the mere presence of ninjas in a video game.
 

Loofy

Member
Is something going on behind the scenes. I cant find this game on googleplay and kabams site doesnt mention it(you can still find it from google though)
 

Sou Da

Member
I don't doubt that they took the idea from his book but the idea itself is so generic that there's no way he can actually prove it.

Unless they completely lifted characters from the story or something.

Also his art in this webcomic is terrible
 
Name and concept are very generic, enough to be seen as coincidence, it honestly looks very flimsy for his behalf.
I also don't see why the devs would feel obligated to change their product name if they didn't rip it off, like sorry mate, but this train already left, maybe as a courtesy.
 
So he ripped off Pokemon and countless others, than didn't do anything with his rip off IP besides a Graphic Novel that no one heard of and got mad when someone else beat him to the punch on a mobile game based on his generic concept that literally every kid who played Pokemon probably thought of at some point?




Ninja Exorcist doesn't really seem to be similar to Mark of the Ninja at all, aside from the Ninja aspect.

In the end, they certainly became different beasts. Klie is a great studio, and they were smart to focus more on the stealth than having a robust action element. The art style is quite different as well, for sure, but that's also due to me, personally trying to differentiate the games.

In fact, the reason I chose to add the stealth elements to the game, was to differentiate it from Shank, the Dishwasher, and other similar side-scrolling action games that were popular at the time.

Those are pretty serious accusations that would require much more evidence than the mere presence of ninjas in a video game.

Klei basically took the high level idea from Ninja Exorcist, and built that idea in their own way and direction. They had access to my design documents, as well as screenshots, so take that as you will. I'm not going to argue, that in the end, they ended up creating a somewhat different game, but I am very certain about where they got their high level ideas.

This type of thing is very common int he industry, for sure. The devastating part for me, is that they seemed to race to get the idea to market first.
 
In the end, they certainly became different beasts. Klie is a great studio, and they were smart to focus more on the stealth than having a robust action element. The art style is quite different as well, for sure.



Klei basically took the high level idea from Ninja Exorcist, and built that idea in their own way and direction. They had access to my design documents, as well as screenshots, so take that as you will. I'm not going to argue, that in the end, they ended up creating a somewhat different game, but I am very certain about where they got their high level ideas.

This type of thing is very common int he industry, for sure. The devastating part for me, is that they seemed to race to get the idea to market first.

So let's go over this:

1. The game doesn't play the same at all/doesn't have the same core mechanics
2. The game doesn't use the same art style at all
3. The only common factor is Ninjas

And we are supposed to believe you were ripped off?

Also almost any one I know that has interviewed for a design position has generally been asked to sign paperwork that says that anything you do or show to the company in question during the interview process belongs to them. Did you sign such an agreement? Did you sign an agreement saying they can't use you ideas? You realize that they had already released 1 action platformer and were in development on a second and so you showing off another action platformer to them isn't really that damning. Especially since they made a STEALTH puzzle platformer and not another action platformer.

You're gonna have to provide more evidence than "I interviewed with them and made a Ninja game and then they made a completely different Ninja game".
 

inky

Member
To be fair, the name and concept is generic as hell.

Pokemon x Harry Potter and then named what it is on the tin.

Even if they totally ripped him off (which they might've done) this is an argument that could be made, yes.

I don't think getting to that idea independently (even the name) is that farfetched. I feel for him tho. Definitely sucks.
 
did he put the graphic novel in an envelope and mail it to himself?




What is that high level idea though?

Side-scrolling action-stealth Ninja game, that brought elements of games such as Tenchu and Batman Arkham Asylum into a side-scroller.

Like, I'm not saying I could sue them for it, by any means. All games take elements of other games, and build upon them. But I certainly find it more than a little coincidental that Klei just happened to be creating a game of such a similar base idea within that timeframe.
 
Side-scrolling action-stealth Ninja game, that brought elements of games such as Tenchu and Batman Arkham Asylum into a side-scroller.

Like, I'm not saying I could sue them for it, by any means. All games take elements of other games, and build upon them. But I certainly find it more than a little coincidental that Klei just happened to be creating a game of such a similar base idea within that timeframe.

SIdescrolling ninja action games have been around almost as long as gaming itself. If anything, your game looks a lot closer to stuff that is already on the market than Klei's does. It's just a really serious accusation is all, basically saying that a fairly well known game developer like Klei brings in aspiring game designers and developers for job interviews and steals their ideas. You have to be very careful with that.
 

Fhtagn

Member
Forgive my ignorance then but if he had a decent claim shouldn't he be suing the shit out of that company then, if what he alleges is true?

Because lawyers are expensive and maybe he doesn't have a good case on pure copyright grounds. If he had trademarked the name with mention of video games, then he'd be in good standing to sue for sure.
 
So let's go over this:

1. The game doesn't play the same at all/doesn't have the same core mechanics
2. The game doesn't use the same art style at all
3. The only common factor is Ninjas

And we are supposed to believe you were ripped off?

Also almost any one I know that has interviewed for a design position has generally been asked to sign paperwork that says that anything you do or show to the company in question during the interview process belongs to them. Did you sign such an agreement? Did you sign an agreement saying they can't use you ideas? You realize that they had already released 1 action platformer and were in development on a second and so you showing off another action platformer to them isn't really that damning. Especially since they made a STEALTH puzzle platformer and not another action platformer.

You're gonna have to provide more evidence than "I interviewed with them and made a Ninja game and then they made a completely different Ninja game".

I'm fine with you saying that the games are different enough in the end, they certainly are. Outside of them having access to my design documents, I had no communication with them afterwards, and they certainly built it into their own thing.

Also, are you suggesting that Mark of the Ninja is a stealth puzzle platformer, instead of a stealth-action game? Perhaps this isn't obvious from the trailer, but Ninja exorcist had substantial stealth elements.

Sidescrolling ninja action games have been around almost as long as gaming itself. If anything, your game looks a lot closer to stuff that is already on the market than Klei's does. It's just a really serious accusation is all, basically saying that a fairly well known game developer like Klei brings in aspiring game designers and developers for job interviews and steals their ideas. You have to be very careful with that.

Yeah, fair enough man. I honestly don't see any other way that this could have played out. I certainly don't have any sort of evidence, as far as Klei actually communicating that they were using my ideas, all I could provide evidence of is a timeline for the events through archived emails.

In the end, all I would add, is that it is very true, possible, and probably likely that if an indie team doesn't protect their ideas, studios, even other indie studios, can possibly take them and run with them. It's probably most integral of all, to protect your ideas until you are ready to unveil your game to the public.

I will also say, that Klei did an amazing job with Mark of the Ninja. I'm glad it exists, I just wish it existed later enough that the timeline of events didn't happen as they did for us. In the end, it's my fault for being so open about things, and if we didn't run into so many development hurdles along the way, perhaps this would have been a non-issue for us.
 

Hyoukokun

Member
Under the Berne Convention, copyright applies automatically. Not a lawyer (and this is not legal advice), but it seems like he could still have a case here. Kabam could claim "innocent infringement" - basically saying they didn't know that his earlier Creature Academy creation was a thing - and maybe get reduced damages if he didn't include an explicit copyright notice.
 
I'm fine with you saying that the games are different enough in the end, they certainly are. Outside of them having access to my design documents, I had no communication with them afterwards, and they certainly built it into their own thing.

Also, are you suggesting that Mark of the Ninja is a stealth puzzle platformer, instead of a stealth-action game? Perhaps this isn't obvious from the trailer, but Ninja exorcist had substantial stealth elements.

Well if you're gonna throw out a big accusation like Klei ripping you off, you might want to be a little more detailed in how they ripped you off other than the fact you both made Ninja Games, because again based on the little info I have of your game it looks nothing like Mark of the Ninja.

And yes I view Mark of the Ninja as more of a Stealth Puzzle Platformer, but that's because I didn't blaze through it killing everything. One of the cool things about that game was the fact that it had distinct styles you could playthrough and there wasn't actually a single solution to any room.

Your game seems more in the vain of Contra or Ninja Gaiden.

Edit: if you really want to talk about things that look maaaaaaybe ripped off:

1. The grappling hook stuff
2. The QTE quick kills

And that's about it. Everything else is pretty bog standard and not original enough for me to believe that an experienced team like Klei couldn't have come up with it on their own.
 

Watch Da Birdie

I buy cakes for myself on my birthday it's not weird lots of people do it I bet
Is it bad I find the generic anime style of the game more appealing at face-level than the style of the comic?

To be fair, the name and concept is generic as hell.

Pokemon x Harry Potter and then named what it is on the tin.

I wonder if this is like Madagascar/The Wild, where Dreamworks and Disney basically released the same movie (animals escape from a zoo to head to the wild), although due to how these movies take quite awhile to develop it was probably unintentional.

Or a weirder example, the two Dennis the Menace characters that were first published five days apart by the US and UK. 0.o
 
Well if you're gonna throw out a big accusation like Klei ripping you off, you might want to be a little more detailed in how they ripped you off other than the fact you both made Ninja Games, because again based on the little info I have of your game it looks nothing like Mark of the Ninja.

And yes I view Mark of the Ninja as more of a Stealth Puzzle Platformer, but that's because I didn't blaze through it killing everything. One of the cool things about that game was the fact that it had distinct styles you could playthrough and there wasn't actually a single solution to any room.

Your game seems more in the vain of Contra or Ninja Gaiden.

Edit: if you really want to talk about things that look maaaaaaybe ripped off:

1. The grappling hook stuff
2. The QTE quick kills

And that's about it. Everything else is pretty bog standard and not original enough for me to believe that an experienced team like Klei couldn't have come up with it on their own.

In the end, Ninja Exorcist had too many ideas, we weren't focused enough and were way too out of scope for the size of our team. Ninja Exorcist was intended to be basically a 2D street fighter x Tenchu x Metroidvania, where enemies we smarter than your average side-scroller, and had awareness of sight and sound.

Klei was smart, and focused more directly on stealth and great mission structure, while still having a great action-element. As mentioned, they are certainly different beasts in the end. We all stand on the shoulders of Giants when we create new games, I just wish Klei didn't immediately start working on it as soon as they did, especially since I went through such pains to do something different than what they were already making with Shank.


I would also like to add, that Kevin Hanna, should not let this die. Do not let Kabam steal your graphic novels name and concept Kevin, you likely have a very solid case here, and can prove without a doubt that they stole your ideas, and that you created them first.
 
He didn't copyright his work? I mean it's a scum move by Kabam, but come the fuck on.

Copyright is automatic.

As soon as a work is fixed on a medium, you own the copyright to that work.

What you are thinking of,is likely trademark.Trademark protections exist to avoid, our reduce confusion (intentional, or accidental) in the market.

Since this is a videogame and not also a comic, he might have a hard tine claiming infringement, since marks can be industry specific.

However, he should certainly try to take action, in my opinion.
 
Copyright is automatic.

As soon as a work is fixed on a medium, you own the copyright to that work.

What you are thinking of,is likely trademark.Trademark protections exist to avoid, our reduce confusion (intentional, or accidental) in the market.

Since this is a videogame and not also a comic, he might have a hard tine claiming infringement, since marks can be industry specific.

However, he should certainly try to take action, in my opinion
.

Yup, he should not let blatant plagiarism like this fester. He should take action, and protect his creative work.
 

Watch Da Birdie

I buy cakes for myself on my birthday it's not weird lots of people do it I bet
Seems like an honest mistake, actually, and Kabam being unaware of the pre-existing "Creature Academy" property.

http://www.prnewswire.com/news-releases/let-the-monster-taming-commence-kabam-launches-creature-academy-for-mobile-devices-283355251.html

The debut of Creature Academy stems from Kabam's previously announced partnership with Netmarble Games Corp. (Formerly CJ E&M Netmarble), to bring a new mobile title from Korea to western audiences. Creature Academy, known as Taming Monster in Korea, currently performs as one of Korea's most popular mobile games and continues to be one of the top five games on the Korean App Store and Google Play top grossing charts.

I highly doubt a Korean gaming company ripped off the comic. Kabam probably wanted a more English-friendly title, so they used "Creature Academy", which isn't a super-creative name and no doubt it isn't beyond the realm of possibility that two people could come up with that name separately. So, beyond the name, I don't think it was a purposeful rip-off.
 
Seems like an honest mistake, actually, and Kabam being unaware of the pre-existing "Creature Academy" property.

http://www.prnewswire.com/news-releases/let-the-monster-taming-commence-kabam-launches-creature-academy-for-mobile-devices-283355251.html



I highly doubt a Korean gaming company ripped off the comic. Kabam probably wanted a more English-friendly title, so they used "Creature Academy", which isn't a super-creative name and no doubt it isn't beyond the realm of possibility that two people could come up with that name separately. So, beyond the name, I don't think it was a purposeful rip-off.

Kabam also has North American development studios. They actually have a studio here in Vancouver BC.
http://www.bing.com/local?lid=YN122...m+Vancouver+Vancouver+BC&qpvt=kabam+vancouver

I'm not sure which studio developed the game, and haven't looked into it much beyond the OP, but this seems a little too close to simply be coincidence, and dismissed because the head Kabam office is in Korea. I actually have a couple friends who work there, let me see if I can dig up any dirt ;)

Edit: It doesn't sound like it was developed in Vancouver, but perhaps in SF?
Edit 2: Looks like it was actually developed in Korea, although I still don't think that absolves them from possibly infringing on Kevin's IP. If anything, since they do still have a presence in NA, he can probably still take action on it.
 

DrNeroCF

Member
Eh had a guy literally just re-upload my game but with ads to the App Store and get approved (while my first submit gets getting rejected because of a single setting and caused it to miss Christmas), so I'm not sure I can muster sympathy for about as generic an idea possible...
 
I'm not sure which studio developed the game, and haven't looked into it much beyond the OP, but this seems a little too close to simply be coincidence, and dismissed because the head Kabam office is in Korea. I actually have a couple friends who work there, let me see if I can dig up any dirt ;)
There's barely any smoke here, assets look wildly different, concept is as cash grab generic as it can get, the name's the same, sure, but I doubt they were targeting any sort of brand recognition from the "bestselling artist" of whatever's on the cover of that comic.
 
Digging a bit, this is what Kabam had to say-

"The author is wrong on the law and the facts," a Kabam spokesperson told us in an email this evening. "A single work of authorship, which — even if published prior to Kabam’s game — does not provide trademark protection."

And if it's true that the game existed in SK previously, I doubt that his graphic novel was popular enough to be translated to SK. Kabam simply needed a name for a game about taming monsters, and such a generic setting as a magical school where kids catch monsters..ala Pokemon, is well...common I s'pose. That is, the magical school part. Kids catching monsters, too.

Looking at the art, nothing even seems remotely alike. The author mentions monsters, but they're generic monsters..Griffons? Basilisks? Leviathans? Common mythological creatures.

And the part about him reaching out to Kabams competitors(??) for movie deals/game deals...unless he's been doing that for the past 4 years, then he must've been doing a shoddy job if he didn't land a deal before hand.

It sucks for his prospects if he WAS trying to expand 'Creature Academy', but like Kabam said...a single graphic novel released 4 years ago doesn't really give him the rights unless he planned on expanding it or had multiple novels out.(Unless I'm wrong, feel free to correct me.)

Edit-The author of the comic says "I don't know why on earth they would google "Creature Academy" and see all the links to my works and images..."...I googled 'Creature Academy novel' and in the first page, about 6-8 links are of the novel, the rest of the links lead to...Vampire Academy, the Academy..Jennifer Estep-Series Mythos(???), Academy and Literature...if you search Creature Academy by itself you get about 10 pages of links for the app. The artist seems a bit full of himself if that's all his book can garner in terms of links...it's an extremely generic title.
 

Kai Dracon

Writing a dinosaur space opera symphony
The idea is pretty generic. I wouldn't be surprised if someone from Kabam did in fact see the book, and yoinked the name and generic concept as the quick and dirty basis for a game. It happens.

But the original author's work looking so underdeveloped leaves things in a poor position. Competition in this area is really vicious, generic ideas are a dime a dozen.
 
did he put the graphic novel in an envelope and mail it to himself?

You don't need to do that to copyright your work. That's just nice to have if you need courtroom proof of date of creation. If dude's been published and has been listed on Amazon since 2011, he doesn't need any help proving that.

Eh had a guy literally just re-upload my game but with ads to the App Store and get approved (while my first submit gets getting rejected because of a single setting and caused it to miss Christmas), so I'm not sure I can muster sympathy for about as generic an idea possible...

How did the guy get your game to upload it if you haven't successfully released yet?
 

Takao

Banned
It's a generic idea and a generic name. Unless he owns the trademark for Creature Academy, or can point out material in the game that is clearly "inspired" by his work, I'm not sure he can complain. The fact that it's just a renamed version of a South Korean game hurts his argument even more.

I'm not a lawyer.
 

ANDS

King of Gaslighting
There seems to be way too many people in this thread offering criticism on the work itself and not the actual situation.

Also, what isn't in Hollywood derivative? Harry Potter X Pokemon? Premise is nothing, it's all in what you do with it.
 
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