The Last Of Us Faces Another Rip-Off Accusation - UPDATED

[Starke]

Huh... didn't even think of maps being copyrighted, but apparently it's a big business. Some manufacturers even have copyright traps in their maps, adding towns or points of interest on their maps that don't actually exist to make it easier to tell if the map is theirs or not.

But here's the trick in this case. Sounds like this guy didn't publish or distribute the map they used, he just did it for S&Gs to show what was wrong. Naughty Dog basically found a way to use a non-copyright map, which is pretty rare, and now this guy doesn't have a leg to stand on in the conversation. Posting an edited map on your blog doesn't make it copyrighted.

Actually, it does. Copyright is granted to whoever created something in the US. You might be able to claim that the creation was derivitive or something, but, barring that, he has a copyright on the image. You do not have to distribute or even regsiter a work to have it protected by copyright. Not registering it will decrease the types of damage you could sue for.

This guy has a very legitimate reason to be mad. Anyone working with intellectual property, like Naughty Dog, definitely understand that you can't just download random images from the internet, slightly tweak them, and use them in their game.

Unless Mass has weird rules, they probably could have just used the official map. Generally, IP created by the government is automatically in the public domain. Some states have different rules about this though.

Ultimately the states don't really have a lot of leverage on that front, since copyright law is federal, so anything produced after... I think 1979 is outside of their control. Not that actual jurisdiction's ever stopped a state from legislating something it wants, but, the official map would be public domain.

 

[Starke]

I would be so pissed if I went to a town that had an interesting name, only for it to turn out not to exist. Isn't the point of maps to show what's actually there?

Traps are a very old tradition in map making. Inventing an entire town is a bit of an extreme version, I've seen maps that exclude a street for a single block at the edge (outside the city being presented), and the norm was to manipulate a geographic feature slightly, adding a tiny bay or peninsula where none existed.

By the sound of it, most of his peers are against him. Could he choose to sue?

Yeah, if he can prove that Naughty Dog actually used his map, and not the official one? He certainly can. It might be difficult proving damages, beyond the studio failing to pay his licensing fees. But, otherwise, yeah, he can.

 

[Something Amyss]

Although of course they should still have done their research and looked into it properly.

Of course, one of the basic tenents of law is "ignorance is not an excuse."

This is something the gaming industry hammers us with, by the way, so you can see why I might think this a little funny.

 

[s_h_a_d_o]

As much as I would love to back somebody using the same tactics that big businesses use to screw over your average joe this guy comes off as a massive dick just trying to money grub it reminds me of that guy that tried to sue Rockstar Games cause he looked kinda like CJ from San Andreas

We're talking about the theft of someone's livelihood here, not a passing resemblance to an intangible quality.

More power to him.

 

[Caffeine_Bombed]

I wear plaid shirts. GIVE ME MONEY!

 

[Something Amyss]

It was the same map as the official MBTA map with two small changes made. Same colors, same font, etc... As it still had all the official MBTA trademarks on it, as well as their web address, he cannot remotely claim copyright.

I won't comment on this guy suing or whatever, but if it's virtually identical to the actual official map down to MBTA trademarks, Naughty Dog are REALLY bloody stupid.

 

[FalloutJack]

Hey, Hollywood! Quit stealing ideas directly from my brain that go into your movies! You don't even have the imagination to use them properly! GIMME MONEY!!

Hmmm...nope, doesn't work. Sorry.

 

[AzrealMaximillion]

If he gets any money, would he not have to give that money to the Massachusetts Transit Committee for altering their map? I mean, if the maps are nearly identical, I don't think this Booth guy should get any compensation without give it to the MBTA. Fair is fair right?

 

[Ushiromiya Battler]

It was the same map as the official MBTA map with two small changes made. Same colors, same font, etc... As it still had all the official MBTA trademarks on it, as well as their web address, he cannot remotely claim copyright.

If you'd read the blog you'd have noticed he changed the font, colours, routes, added routes, omitted routes, etc...
He did a surprising amount of work, not just two small changes like you said.

 

[Sarge034]

I need to see the legality of this guy's rip off of the MBTA map first and then I need to see his legal rights to this image. Until then I am neutral.

 

[Proverbial Jon]

It's not until something "serious" like this happens that you realise how silly the company name Naughty Dog sounds when used in a sentence.

I get the whole protection of intellectual property thing but this, like the Ellen Paige thing, is just clutching at straws. Also I feel the artist's reaction is disproportionate to the severity of the crime that has been perpetrated.

 

[Makabriel]

It was the same map as the official MBTA map with two small changes made. Same colors, same font, etc... As it still had all the official MBTA trademarks on it, as well as their web address, he cannot remotely claim copyright.

I won't comment on this guy suing or whatever, but if it's virtually identical to the actual official map down to MBTA trademarks, Naughty Dog are REALLY bloody stupid.

Because gods forbid ND try to make it look like you're really in Boston?

I hope they didn't use actual landmarks in the game, or they're in for a really bad time at the rate things are going. People can't help but hate on success sometimes..

 

[KillaBC]

He's going to send a letter? I live in Britain and we get right on those if were royally pissed off. Not happy with the service you got a at restaurant? Don't complain there and then that would be rude and you'd be considered to be making a scene. What you do is force that smile go home and write a furious letter to the manager. Hopefully you'll get some free vouchers as compensation.

 

[erbkaiser]

Edited:
apparently it's resolved.
http://transitmaps.tumblr.com/post/53696766419/boston-theft

UPDATE, TUESDAY JUNE 25, 1:00pm: I?ve just spoken with Naughty Dog over the phone in a very constructive conversation. Can?t say more at the moment, but it seems as if matters will be resolved to everyone?s satisfaction shortly. I can say that they do acknowledge their error in using my map and were very apologetic for it. I likewise apologised for my initial vitriolic post. A lot of mutual respect for each other?s creative work.

It?s been a hell of a last couple of days: thanks for the support from many, and the interesting and varied comments from most.

Hopefully, back to regularly scheduled Transit Maps content soon!

 

[IshimaruHayato]

Everyone is in the mood to sue sue sue. Good god its like we cant just let people make money for being creative.

 

[-Dragmire-]

May have been a temp asset that wasn't changed before release. Sad oversight but no malicious intent.

I hope this doesn't have to go to court.

EDIT:

Yay, this won't go to court!

 

[medv4380]

If it really is his map, and at first glance it does look like his. In the lower left hand of his version is his copyright mark with his web address. Is it possible to check the image in game to see if it has the same copyright mark.

I'm not too surprised by this guys response. Map makers tend to be a bit on the venomous side.

Naughty Dog is safe even if they violated copy right. I'd refer to the Oracle vs Google case in regards to the violation of copyrighted code. As a percentage of the whole work that copyrighted map accounts for a very small fraction of the game.

 

[RJ Dalton]

Wow. Of all the things this game could have been accused of ripping off, a subway map is not what I expected.

 

[Scars Unseen]

I would just like to point out that -regardless of ND's ethics in this- if he can claim that this is an original work by stretching

Spoiler: this

out into

Spoiler: this

then he can hardly complain when ND further improved upon the design by

Spoiler: roughing the image up and adding black lines.

If his work is derivative of the original map, so is Naughty Dog's derivative of his alteration.

 

[Murderiser]

It's interesting to see people's reactions to this. If EA had done the same thing everyone would be saying "OMG EA ARE TEH EVILS, BURN THEIR STUFF", but as it's Naughty Dog, most people are auto-exonerating the dev and...blaming the artist for having the temerity for complaining that his art got stolen?

So many people are posting half-baked ad-hominem attacks on the guy. Because if a company makes a good game it therefore cannot be guilty of plagiarism, right? Which means that the accuser must therefore be a liar, right? This smacks of hypocrisy a little.

At least it's good to see the whole thing has been resolved well.