Video Game Look-alikes? Boomshine Versus ChainRxn.

Thanks to GamePolitics.com for highlighting the video game copyright infringement case, Miller v. Facebook.

Background

Daniel Miller is the creator of the video game Boomshine, a game played over the Internet using Adobe Flash. Boomshine features colorful swirling dots that the player tries to obliterate through a chain reaction of explosions. After introducing Boomshine, Miller discovered a very similar game being offered on Facebook entitled ChainRxn.

Miller filed a lawsuit against Facebook for contributory copyright infringement and against Yao Wei Yeo, the developer of ChainRxn, for direct copyright infringement. Miller claims Facebook assisted Yeo in distributing infringing copies of ChainRxn since Facebook users could access ChainRxn through Facebook and ChainRxn was included in the Facebook Application Directory.

Facebook’s Failure to Respond to DMCA Take-Down Requests

What surprises me is Facebook’s failure to avoid this lawsuit through the safe harbor provisions of the Digital Millennium Copyright Act (DMCA). The DMCA insulates online sites – like Facebook – from claims of copyright infringement for material posted by third parties. One requirement for the DMCA protection is removing infringing material upon the request of the copyright owner. Hence, sites are normally responsive to takedown requests.

So I’m puzzled as to why Facebook refused to remove ChainRxn when Miller made the takedown request. Of course, the DMCA has strict requirements and if Miller did not include the required information in his takedown request, Facebook could just ignore it.

The Hard-to-Find Defendant

Evidently, ChainRxn developer, Yao Wei Yeo, is not easy to locate. If Miller does not locate and serve Yeo with the lawsuit by July 30, 2010, his case against both Yeo and Facebook will be dismissed.