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Copyright infringement is alright with Angry Birds photo

Most companies go out of their way to protect their intellectual property. The scenarios, stories, and characters found in famous gaming titles are the lifeblood of many companies; allowing others to take their creative works can invite financial ruin.

Sometimes, though, a little copyright infringement might not be so bad. According to Rovio CEO Peter Vesterbacka, copyright infringement for Angry Birds products is running rampant in China ... and that's a good thing.

Taking the stage at TechCrunch's Disrupt conference in Beijing last week, Vesterbacka presented a set of "Angry Birds" balloons to the crowd. I say "Angry Birds" in quotes as opposed to Angry Birds in italics because, as Vesterbacka pointed out, there seemed to be a lot of Angry Birds merchandise for sale in China, the vast majority of which was not licensed by Rovio. Yet Vesterbacka was sanguine on the topic of copyright infringement, stating that it showed a "proven demand" for Angry Birds in China.

Instead of starting the arduous task of hunting down every street vendor and game pirate providing Angry Birds games and merchandise in China, Vesterbacka felt the copyright infringement was actually helping to build a market for the for the Angry Birds brand. Vesterbacka believed the rampant copyright infringement was building the popularity of Angry Birds and would eventually lead to Rovio's opening its first stores to capitalize on the demand.

The approach is uncommon in a tech company, but Vesterbacka stated, "The way we look at it, of course we want to see the officially licensed, good-quality products, but at the same time, we have to be happy about the fact that the brand is so loved that it is the most copied brand in China." The game has already registered 50 million downloads in China, and Vesterbacka hopes to be at 100 million in the next year.

Is it really possible that allowing copyright infringement could be a good thing? I think either intuitively or based on our own experience, we can probably imagine a time when copyright infringement or bending the law in the tech world seemed like a reasonable, even good, option. Have you ever downloaded music from a foreign country that you couldn't otherwise get your hands on? Have you ever imported a game outside of your region despite the fact that it wasn't meant for sale in your area?

Sometimes, this sort of illegal activity acts to balance out a market that fails to provide a legal means for getting your hands on certain products. This doesn't make it any less illegal, but when laws get in the way of willing consumers, there might be a problem. Vesterbacka isn't faulting pirates and infringers in China because he understands his company isn't providing Chinese consumers with the products they want. Even in Rovio's absence, the Angry Birds brand can still grow due to the actions of fans and some enterprising "entrepreneurs." Seems like a decent compromise, doesn't it?

Vesterbacka's comments fly in the face of the actions of many of our industry's other gaming giants. Whether it is forcing complex DRM measures into games, requiring persistent online connections for even single-player experiences, or region-locking consoles and games to stop people from importing them into other countries, the industry is rife with schemes to control game properties. These issues only amount to a hassle for those of us in tech-centric countries like Japan and the US, but it can be easy to forget that those who live outside of territories where the tech world is established may struggle to get their hands on properties we take for granted. 

In countries like Brazil where tariffs on things like videogames are extremely high, videogames may be prohibitively expensive for many to legally obtain. Without videogame companies and publishers making an effort to bolster their presence in such countries to bring down the prices, a little piracy and copyright infringement might be the only real options for those interested in getting into videogames. China is similar -- with a government that heavily controls business practices and is not always welcoming to videogame companies, allowing copyright infringement to fill the gaps and provide people with the products they desire might help companies build mind share with the public, even if they can't be there themselves.

I'm certainly not advocating that everyone go out and pirate games if they live outside videogame-inundated territories. If you live in a foreign country and have the means to get your games legally, you should do so. Still, Vesterbacka points out that even though Rovio isn't making money on Angry Birds in China, they are allowing others to help build the future of the brand. Isn't it better for companies to reach those who otherwise might never get to play their games, even if it means people won't be able to pay for them? Companies may be building fans who might be able to pay for those games in the future.

Of course, there is always another side. Building a culture in which copyright infringement and piracy is the norm can create a standard of not paying for entertainment. That's not a tenable business model for our artists and creators. Infringement might also lead to others' creating low-quality products that give people a bad impression of a brand. Heck, isn't the iTunes AppStore already letting people do that?

Copyright Law is at worst a necessary evil. It protects artists and creators from those who would freely distribute their work without care of the consequences. Yet, maybe Rovio's choice not to go after pirates and infringers makes sense if it means fulfilling a demand the company can't personally meet. If game companies don't allow their brands to flourish in other territories, even if it means piracy and copyright infringement, those territories might not get to experience just how amazing the world of gaming really is. Maybe worse, people in areas like China might start to think Angry Birds is the pinnacle of gaming.








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29 comments | showing # 1 to 29
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Epic-Kx's Avatar - Comment posted on 11/04/2011 14:34
Epic-Kx
China infringing copyrighted material? What else is new?
Commandant Oreo's Avatar - Comment posted on 11/04/2011 14:35
Commandant Oreo
Rovio didnt invent angry birds...
Maniac's Avatar - Comment posted on 11/04/2011 14:36
Maniac
Can we stop lumping copyright infringers in with "pirates"? Please? Copying assets from one property and then re-selling it as your own is beyond copyright infringement and "piracy".
void-haunter's Avatar - Comment posted on 11/04/2011 14:54
void-haunter
They should be like Bethesda and sue everyone that uses the word "Birds."
steve's Avatar - Comment posted on 11/04/2011 14:58
steve
I think you mean trademark infringement. Copyright doesn't cover characters or likenesses.
Novatide's Avatar - Comment posted on 11/04/2011 15:00
Novatide
@void-haunter

When did Bethesda ever sue anyone using the word "Birds"?
hardy83's Avatar - Comment posted on 11/04/2011 15:03
hardy83
Of course Peter Vesterbacka has to say copyright infringement is okay.
Martin Montiel's Avatar - Comment posted on 11/04/2011 15:15
Martin Montiel
Ewww mainstream casual gaming....
Henriquegds's Avatar - Comment posted on 11/04/2011 15:15
Henriquegds
Well, Rovio got the idea from a older game so i think they are the last people that can say anything about copyright infrigiment. And for the Brazil part, the way that we do it here is one buy a PC and use Steam (like I do) or get a console and buy the games in other countries, because here the console is two to three times more than the US price and the games are two times more expensive than the normal price. the funny thing is, here a lot of people pirate games (i used to pirate, but i saw Steam and that changed) we have big warehouses that sell this kind of stuff, but aren't the country that most pirate entertainment media, so this must be a giant thing in other countries.
Lucid003's Avatar - Comment posted on 11/04/2011 15:17
Lucid003
@Novatide

They sued over the use of the word "Scrolls."
MrBounce's Avatar - Comment posted on 11/04/2011 15:20
MrBounce
Trademark infringement. Not copyright...
tekbunny's Avatar - Comment posted on 11/04/2011 15:33
tekbunny
China copies everything and you're not going to make money off of it, welcome to the internet rovio
Here's Some Weapons's Avatar - Comment posted on 11/04/2011 15:49
Here's Some Weapons
And when that day in court finally comes where they lose their claim to the trademark because they've shown they have been unwilling to protect it, I will be first to laugh.
Abnegation's Avatar - Comment posted on 11/04/2011 16:04
Abnegation
How long are we going to have to put up with idiots bringing up Bethesda every time there is an article about legal bullshit? All they do is prove they have no critical thinking skills.
DrButler's Avatar - Comment posted on 11/04/2011 16:08
DrButler
It's free publicity. Those cheap Chinese toy manufacturers would never pony-up for a license, nor would Rovio ever be able tp pursue all of these shady distributors. Draconian copyright law is one of the worst shackles on media, and the lack of such is why East-asia has such a bustling indie game scene.
CaimDark's Avatar - Comment posted on 11/04/2011 16:12
CaimDark
As a Brazilian gamer, I know exactly what the writer is talking about. In Brazil you have a very bizarre situation. While PC games cost around the same as they do in the U.S or even less with the current exchange rate and $60 PC games becoming the norm, the very same game on 360/PS3 may cost 3 times as much. As you can imagine, very few people pay for console games over there, and until the government decides to change this nonsense (something that isn't likely to happen without some serious lobbying effort by interested publishers) this isn't going to change anytime soon.
Janklogs's Avatar - Comment posted on 11/04/2011 16:19
Janklogs
They can say shit like this because they've made enough money to buy a flying car. :|
P3ter's Avatar - Comment posted on 11/04/2011 16:21
P3ter
Copying?...In CHINA ¿?! WTF?!
Janklogs's Avatar - Comment posted on 11/04/2011 16:42
Janklogs
They can say shit like this because they've made enough money to buy a flying car. :|
Tahiri's Avatar - Comment posted on 11/04/2011 16:44
Tahiri
"How long are we going to have to put up with idiots bringing up Bethesda every time there is an article about legal bullshit?"

Till Bethesda stops with the legal bullshit and apologizes
BoomingEchoes's Avatar - Comment posted on 11/04/2011 17:04
BoomingEchoes
I argue 2 things:

1) He's right, it means theres a demand for the game there.

2) to a very shifty extent this fake merch is advertising their game. It's not exactly RIGHT that they're not making money off this fake merch, but it has the potential to help make people seek the game out. As long as no ones making a fake Angry Birds game that everyone's running out (erm, sitting in place?) to get, then --on a very loose basis-- this isn't all THAT bad, even if they need to fight it to keep up with the whole trademark strenght thing that Zenimax is doing with Notch over "Scrolls"

Possible 3) Its too expensive to even try to fight China on this, and the Chinese government makes it that way. Thats why theres no real stopping all the fake action figures based on all kinds of properties you see all over the place. Rovio would rather embrace it then waste their funds.

Besides, the Chinese are well known for making things hard to get from other countries, just so they can put people to work making knock-offs of their own to sell. Its all calculated with them.

And thats not even factoring in how negatively China views gaming, despite making various gaming ventures (Like gold farming) into huge revenue sources for them.

And yeah, I'm with Maniac, infringers does not equal pirate. Its a whole different beast and it feels out of place to even mention it in the article, despite being a really interesting read.
Konnery's Avatar - Comment posted on 11/04/2011 22:14
Konnery
I don't see how people are still enjoying this game. I got sick of it after 15 minutes.
Konnery's Avatar - Comment posted on 11/04/2011 22:17
Konnery
Also, it's pretty hilarious how nobody understands how copyright works, and Bethesda is within it's means to maintain it's brand against a guy who is trying to get SCROLLS a copyright. That's what start the whole shit-storm. Notch wanted to copyright a word as simple as Scrolls, across all media. It wasn't "Oh, he's making a game called Scrolls, let's go shit on his world"

Bunch of sheep
xOMG KITTEHx's Avatar - Comment posted on 11/04/2011 22:42
xOMG KITTEHx
@Tahiri

Why would they apologise? They have a right to sue and a good reason, they have nothing to apologise for.
skullskullskull's Avatar - Comment posted on 11/06/2011 08:45
skullskullskull
I live in Taiwan and I see shit loads of angry bird products everyday everywhere, kids toys in convini stores but also tons of stuffs in stationary stores
kantorek's Avatar - Comment posted on 11/06/2011 11:40
kantorek
@Konnery

you have no idea how many times ive triied to explain that to notch rimming fuck wits throughout the internet, all that happens is I get told to stfu.
FriedZombie's Avatar - Comment posted on 11/08/2011 15:10
FriedZombie
@kantorek I am a notch rimming fuck wit with a brain then; I saw an article about what exactly the fuss was about on Ars Technica.

http://arstechnica.com/gaming/news/2011/08/elder-scrolls-vs-minecraft-dev-scrolls-is-our-word.ars?comments=1#comments-bar

Apparently Notch doesn't understand how his lawyers tried to copyright the word Scrolls in every piece of entertainment media not just to protect his one game. Bethesda had no choice but to react.
Zombee's Avatar - Comment posted on 11/10/2011 13:43
Zombee
Its crazy that such a popular mobile power house game isn't protecting its image from being sold... odd
charlietuna73's Avatar - Comment posted on 02/27/2012 11:41
charlietuna73
Perhaps they dont mind copycats, since Angry birds seems to be a copycat, though slightly modified, from this, which predates them
http://www.imdb.com/media/rm1459854592/tt0389668
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