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Mob Entertainment, the creative force behind the widely acclaimed horror series Poppy Playground, has initiated legal proceedings against Google and several game developers accused of using their intellectual property without permission. Such issues are not uncommon in app marketplaces, where similar game icons and characters are often seen, occasionally leading to the release of counterfeit games that blatantly infringe on copyrights to deceive players. Mob Entertainment has now taken a stand, suing Google for not taking down these misleading games, as well as targeting Daigo Game 2020, Inc. for distributing what they describe as a fraudulent app.
According to Mob Entertainment, Daigo Game 2020 has made two unauthorized titles—Poppy Playtime: Chapter 3 and Poppy Playtime: Chapter 4—which were launched prior to the official versions and utilized copyrighted materials. The lawsuit asserts that these impostor games were merely ads masquerading as playable titles, soliciting players to pay between $30 and $95 for a so-called “Guide wuggy playtime mod,” as reported by TorrentFreak.
In the accompanying image, one can see the fake game on the left, while the authentic character models are seen on the right. The stark resemblance between the two highlights the copyright infringement at play. However, the lawsuit’s implications stretch beyond the mere use of intellectual property; Mob Entertainment also contends that Google, which takes a 15% or 30% cut from app sales, has neglected to remove these deceptive apps despite a surge of DMCA takedown requests. The lawsuit claims that the developer reached out to Google on numerous occasions through various channels, yet their pleas were disregarded.
The legal filing also notes that "Google forfeited the benefits of the DMCA’s safe harbor provision by failing to expeditiously remove the infringing application." Typically, the Digital Millennium Copyright Act (DMCA) offers certain protections that would mitigate Google’s liability; however, the assertions against the tech giant argue that its inaction in responding to the notices implicates it in the misconduct.
Mob Entertainment is pursuing damages of up to $150,000 per game, along with a judicial order to prevent future instances of such issues. While it may not dramatically alter the operational landscape of app stores, every effort to shine a light on this persistent problem is a step in the right direction.
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