Agar.io Clone DMCA

[Matheus28]

It's not a clone, it's deobfuscated code from the game client that's being used in several sites to host an exact copy of the agar.io client, with their own ads. If you actually read the DMCA, it's pretty detailed in how it violates Miniclip's copyrights.

An example of clone that doesn't infringe their copyrights (written from scratch, not derived from the original game): https://github.com/huytd/agar.io-clone

Disclaimer: I'm the agar.io developer

[nightcracker]

I haven't double-checked it, but if that's true then a DMCA is fair and appropriate IMO.

[britknight]

IANAL, but my understanding is that the fact that the clone was written from scratch doesn't have any bearing on whether or not it infringes on copyright. The clone uses the name "Agar.io Clone" and copies the look and mechanics of the original game, thus making it substantially similar in appearance and use to the copyrighted work. Unless they have found some way to invoke fair use (educational purposes, etc.), the clone you mention is also infringing.

An analogy: if someone were to write a book called "Harry Potter - Clone" in their own words about the adventures of young wizard, you could expect them to receive a notice of infringement pretty darn fast, regardless of the fact that they didn't copy the original word-for-word.

[benatkin]

It seems the author of the repo wrote a new implementation of the backend but copied the code from the frontend. I dislike the DMCA process and I find some other stuff in the complaint I disagree with but it seems like the repository was infringing.

[Matheus28]

Not even that. There was just client-side in that repository.

It used this for the server side: https://github.com/OgarProject/Ogar

[dvorak42]

Going from the webcache, it looks like Matheus28 is right about it only being front-end code:

http://webcache.googleusercontent.com/search?q=cache:i6GrF7V...

[mrkmcknz]

I've reached out to Rob Small(Miniclip founder) on numerous occasions over the last 5years. He's always very helpful, supportive and willing to make introductions. He also bootstrapped Miniclip to where it is today.

I doubt Miniclip is going around throwing DMCA notices to companies cloning Agar.io without good reason.

[weakme]

IANAL, but my understanding is that the fact that the clone was written from scratch doesn't have any bearing on whether or not it infringes on copyright. The clone uses the name "Agar.io Clone" and copies the look and mechanics of the original game, thus making it substantially similar in appearance and use to the copyrighted work. Unless they have found some way to invoke fair use (educational purposes, etc.), the clone you mention is also infringing. An analogy: if someone were to write a book called "Harry Potter - Clone" in their own words about the adventures of young wizard, you could expect them to receive a notice of infringement pretty darn fast, regardless of the fact that they didn't copy the original word-for-word.

[regularjack]

"All copyright, trademark and associated intellectual property rights in www.agar.io and the Agario game are owned by Miniclip SA."

Miniclip SA is a Portuguese company. Can non-US entities submit DMCA takedown requests?

[duskwuff]

Of course. Why wouldn't they? The DMCA takedown process specifies how US-based ISPs, hosting providers, and other web sites should respond to copyright complaints, and guarantees them a variety of legal protections so long as they follow the process. Making that process unavailable to copyright holders outside the US would make those protections unavailable, increasing the workload for these businesses.

[Fatiumat]

Can anybody describe what will happen if the clone author file a DMCA counter notice and how after that the non USA company can proceed and prove that the code is really stolen? As i understand the code is not copied exactly, as it's obfuscated in the original, so no way to prove exact copy.

Have a similar situation, my code was obfuscated and somebody just decide to do a reverse engineering and add some features on top, then they put all of this on github under a nice GNU license...

[nacs]

As others mention, this seems to have directly copied the client code. However, I found this amusing:

> The Agario game’s distinctive style and graphics are known to tens of millions of players

Colored circles moving around on a checkered grid [1] is apparently "distinctive style and graphics".

[1]: http://i.imgur.com/h3rr9xc.jpg

[Sleaker]

This is not a DMCA request, this is a IP property rights notice that the repository is violating copyright & trademark. Nowhere is it stating that it is a DMCA.

[knd775]

"I have read and understand GitHub’s Guide to Filing a DMCA Notice."

Not only that, it uses language and structure common to all DMCA takedown requests.

[cmaggard]

Probably an honest mistake considering it's GitHub's 'dmca' repo.

[Frozenlock]

"If you are the repository owner, and you believe that your repository was disabled as a result of mistake or misidentification, you have the right to file a counter notice and have the repository reinstated."

Guilty until proven innocent.

[sabalaba]

To be fair, at least the DMCA gives the benefit of the doubt to content hosts via the safe harbor provisions.

[plonh]

"Filing a counter notice" is a much lower standard than "proven innocent"

[nightcracker]

Welcome to the DMCA.