Smartphone clones of popular games are a real problem for developers, with shady individuals gleefully copying any successful venture in the hope that they can earn a few shillings from unsuspecting punters. These irksome chaps certainly need dealing with, but sometimes the approach of the companies who police these digital stores can be rather heavy-handed and inconsistent.
Take the recently-rejected Kill The Plumber, a title which clearly takes inspiration from Nintendo's Super Mario Bros. series - but offers a unique twist. It has been booted from the App Store because of its close resemblance to the iconic platforming franchise, yet it features entirely original art and audio. In fact, it's actually quite a clever title - instead of controlling the good guy, you're in charge of various enemies who have to stop him from getting to the end of each stage. Think Dungeon Keeper, but as a 2D platformer.
Here's the developer's defense of the game:
The game is in fair use and a derivative work or a parody with its own unique formula. No assets were stolen, the artist made the assets from scratch with his own style and vision and also the sound effects and music were composed by the audio engineers. No names were also mentioned or referenced anywhere in the game or description. Gameplay is very much different if you try it, we have very short one screen levels and the rules and controls constantly change.
Apple has told the developer that a complete overhaul is required for the game to make it onto the App Store, which creator Bari Silvestre has confirmed will indeed happen. However, there are countless other clones on iOS which are clearly worse than this, yet they remain available. An Android version will launch on July 23rd, and a bigger Steam version is also expected.
As famed mobile dev Rami Ismail puts it:
While we certainly don't condone developers ripping off the hard work of others, Kill The Plumber actually sounds like a pretty smart idea to us - a reverse platformer, if you will. Do you think it should have been rejected? Would you have liked to have seen it come to the Wii U or 3DS in this form? Or do you think Nintendo would also have put the boot in pretty quickly? Let us know by posting a comment.
[source pocketgamer.co.uk]
Comments 35
not fan of this, i mean it looks cool, but eh
The guy in that video has a great voice he should be in games.
Apple / iOS is the absolute worst thing to happen to video games since The Crash of 1983.
how did they not expect a lawsuit?
It really does seem to be parody, and no actual art was stolen. Plus, the gameplay isn't the same. I guess I don't see the copyright violation here—I'm not a lawyer, though. Thankfully.
@Navi What lawsuit? There's no lawsuit...
I dig the idea but man, mobile games are so empty inside when it comes to gameplay beyond a 15 minute play session.
If this were me I'd actually challenge this legally—somehow.
Sure; there's some references to classic Mario games in there but this is in fact an entirely original game with entirely original art assets and various unique twists on the traditional platforming gameplay. There is nothing in this that directly belongs to Nintendo, that rips-off Nintendo art/assets specifically (as close as some of it obviously gets), or that is so close to one of Nintendo's own properties it can't be considered its own game.
I would argue this is basically a transformative work of art that's simply an homage to Mario but still its own thing.
At the very least; I'd just change a few of the assets slightly—maybe the main character, the pipes; possibly the breakable blocks, and some of the mountains in the distance—and submit it again.
It's pretty obviously leaning on the popularity of Super Mario Bros. and is intentionally mimicking the artwork. Doesn't matter if I draw Mickey Mouse and use it for advertising. If people think it's mickey mouse I'm using the decades of marketing, and safe-keeping of a brand that I had no part in to make money.
There are a couple big missteps in this one: the "plumber" is in the exact same outfit with a white symbol in the same place as the M. The creatures are super close to the Super Mario World Goombas, the Thwomps have the band aid and do the same thing. There are the two types of bricks, the question blocks all put together to evoke Super Mario Bros.
Funny thing, the game could play much closer to how Super Mario Bros. plays and as long as it doesn't have the same story, theme, characters, visual elements, there's not much you can protect. So the fact that this plays different doesn't matter much.
Seriously, though. "Kill the Plumber" and the guy looks just like Mario. These guys were pushing limits as far as they could on purpose. They planned for this possibility and knew it might even help them get noticed. Probably would have rather not been smacked down, but they knew.
Clever idea, though.
If he used his own assets, then why do they look exactly like Mario to begin with?
Three words. Press Start Adventures. Loved the cartoons and movies. I wished they kept doing them...
They should just make the pipes orange, and inverse Mario's color scheme. The actual game is different enough, I just think the visuals are a little too obtuse in their reference. Looks fun, though, and I hope they figure out how to get it released.
The App Store is definitely inconsistent. This game isn't allowed, yet Super Bros. was on the App Store long enough to make it to the top chart!
The whole game was basically Super Mario World assets with the eyes edited out.
These guys aren't Taylor Swift so they're gonna just have to rework the plagiarized aspects to get that one approved
I think at the moment Apple are keen not to upset anyone after Taylor Swift beat them up for her lunch money back.
@DreamOn
Same idea at the same time!
It's an interesting idea and unfortunate to be kicked out of the app store.
"No assets were stolen"
Perhaps, but I'm pretty sure drawing a picture of Mario and putting it in your game is still copyright infringement, even if you change the "M" on his hat to an "X". The game sounds pretty interesting, and could be legitimately fun, but they should use their own stuff rather than ripping off Nintendo's.
Yet that game 'Catch the Rabbit' that stole Nabbit's design is allowed?
Yet Flappy Bird, DID make it on. That makes no sense. Flappy Bird clearly ripped pipes straight from Mario.
Sad to see it get kicked out of the Apple app store. Usually even the most unoriginal games get in yet this doesn't. This game even looks fun.
Considering that the developers are pretty clear about this being a parody game, it's a game I can laugh about. But the "reason" behind the game getting kicked out of the App Store is more paranoid than justified.
This is a really clever idea! I would be pretty interested in a game like this, even an official Nintendo one!
I think that looks awesome! I'd love to play it
@MrGawain lol, crazy world
@aaronsullivan
+1
Should be count as parody, so I see no reason why it wouldn't allowed. Not a fan of the gameplay though, the plumber movement need to be smarter.
I guess since he's a plumber with a mustache wearing a red hat and shirt in blue overall, it raise the red flag. All he need to do is change the occupation (maybe contractor) and clothing and it'll be safe with the other marioish games that is "currently" in the app store.
I do like the puzzle like gameplay it have. I'll be keeping an eye out for it when it comes out.
Rejecting this game seems a little harsh since none of the visuals or music was stolen. Still, they could try changing the plumbler's clothing to a different colour to see if that allows the game to be approved.
You can play this at Kongregate, it's really nice, and harder than Mario.
If it was really all that original, than you wouldn't be reminded of Mario at all when you saw it.
Looks like rubbish, of course!
I bet if the 'Mario' character had green clothes instead of red, it would be just fine since even the residents of the Mario and Luigi games don't know who Luigi is..
As for the gameplay, I could see myself having a blast with this during smoke breaks at work. It's a neat idea in the vein of scribblenauts requiring you to think backwards for some of the harder puzzles. I hope the game passes soon with some changes so I can check it out.
Put it on Android and I'll care.
It looks good but seriously though, the developers didn't even try to make it look different! Change the name, change the background image, change the blocks!
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