On: Electronic Arts Sues Zynga, Says The Ville Is An “Unmistakable Copy” Of The Sims

[jconley]

Yeah, but, "identical behavior" and "strikingly similar" are not Copyright violations.

[msbarnett → jconley]

> Yeah, but, "identical behavior" and "strikingly similar" are not Copyright violations.

Good thing you're not a lawyer.

Ferguson v National Broadcasting Co:

If the two works are so strikingly similar as to preclude the possibility of independent creation, 'copying' may be proved without a showing of access

[dangrossman → jconley]

Change one word ("strikingly similar" to "substantially similar") and you have the very legal definition of a derivative work, an infringement on the original copyright (17 U.S.C. § 101).

[briandear → jconley]

If Zynga had 'prior access' and their resulting product is similar, then it's easy to prove an infringement.

[dag11 → jconley]

My comment was mainly in the context of the parent comment's implied contradiction between our apparent siding with EA here, but our siding with Android in Apple v. Android.