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JS Joust creators respond to Papa Quash controversy
Johann Sebastian Joust developer Die Gute Fabrik deliberated over its response to inquiries about the similar iOS app Papa Quash for more than a day, delivering a comprehensive response on its blog last night. "To be clear, we've never given anyone permission to make a derivative version of any of our commercial products – existing or forthcoming," DGF said. "That said, the definition of 'derivative' is elusive. We generally don't believe that game mechanics themselves can or should be copyrighted or otherwise protected." "We've also never requested any studio to pull any of its products," the studio added, referring obliquely to Papa Quash's removal from the App Store. "We believe that game developers have the responsibility to decide for themselves what is "over the line" in terms of cloning vs. innovating (separate from legal obligations regarding copyrights, trademarks, patents, and other intellectual property rights)." As for the specific case of Papa Quash, Die Gute Fabrik demurred from outright calling it a clone – while still expressing disappointment about cloning in general.In an email to Joystiq, Die Gute Fabrik lead game designer Douglas Wilson provided clarification about the email conversation that took place between Papa Quash creator Sam Pepper and DGF."Sam Pepper did email me back in January," Wilson said. "However, I never gave him 'permission' to develop Papa Quash. In his emails, he told me about his general plans to make a motion control game, which he indicated was different from J.S. Joust. He never provided a well-formulated game/design, and as such, there simply was nothing to 'approve.'"According to Wilson, the decision to pull Papa Quash was not his. "I spoke with Steve Bittan from Ustwo last night, and I made it clear that the determination was theirs (and potentially Sam Pepper's) to make as to whether the game is "different" enough (separate from legal obligations regarding copyrights, trademarks, patents, and other intellectual property rights). I don't harbor any animosity towards Ustwo or Sam Pepper."
iOS game 'Papa Quash' looks remarkably JS Joust-like [update]
Johann Sebastian Joust, the game of players attempting to jostle one another to set off accelerometers, would work great on iPhone (if a bit dangerous), and in fact it looks like it does work great. Too bad developer Die Gute Fabrik wasn't the one to put it there.Papa Quash by developer ustwo looks exactly like Joust. Players walk slowly, deliberately around a space, trying to slap, push, or otherwise put each other off balance until only one winner is left unperturbed.It's just on iPhone instead of a computer using Moves, and has "wacky characters" and dubstep. Oh, and in-app purchases (it's otherwise free on iTunes). We've placed a video of Joust after the break for comparison. Either two people had the exact same incredibly creative idea, or some "inspiration" was taken from Joust.Of course, this isn't the first time an iOS clone has beaten an official indie game port to market. Radical Fishing developer Vlambeer found Ninja Fishing on iOS ahead of its own mobile version, and one game, One and One Story, was cloned on iOS from the original code.Update: Developer ustwo explained to Gamasutra that it was commissioned by Sam Pepper to develop that game. "We told him about J. S. Joust and he emailed them to OK it," marketing director Steve Bittan said. "After we got that assurance we did service work on it."JS Joust co-creator Douglas Wilson told Joystiq that the developer is "working on an official response." Die Gute Fabrik tweeted that "we have never and would never approve, give permission, or encourage anyone to clone of any of our games."
