Mob Entertainment, developer of Poppy Playtime, is suing Google for failing to remove “fraud” apps from the Google Play store.
In legal documents filed Wednesday (thanks, TorrentFreak), the creators of Poppy Playtime accuse Daigo Game 2020 Inc. of releasing “scam” apps intentionally advertised with names like Poppy Playtime: Chapter 3 and Poppy Playtime: Chapter 4 long before Deliveries will be officially published. released for mobile devices.
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In addition to blatantly using the Poppy Playtime name, the promotional art also clearly uses Poppy Playtime characters and screenshots from the second chapter of the authentic game.
According to the complaint, Mob contacted Google numerous times over several months, but each time an erroneous app is removed, it simply reappears a day or two later.
The apps reportedly don't even download a copycat or derivative game.
“Mob Entertainment's trademarks and copyrighted material trick consumers into spending up to $95 on a game before it is released on Google Play. Instead, it asks users to pay between $30 and $95 for the 'Guide wuggy playtime mod,'” the complaint adds.
“Google receives a direct financial benefit from the infringement by users, at least because users with devices containing the app receive an offer to purchase the Guide wuggy playtime mod for up to $95. If they make the purchase, Google receives between 15 and 30 dollars. percent of the profits.”
As of this writing, the scam game is still available to view and install on the Google Play store. Unless players know, explicitly, who publishes the game, there is absolutely no way to tell them apart, especially since it doesn't include a user rating or link to user reviews.
While the real game is a premium product and listed with more than 10,000 downloads, the fake app has been downloaded more than a million times.
“Google lost the benefits of the DMCA safe harbor provision for its infringement of Mob Entertainment's copyrighted works contained in the unauthorized applications 'Poppy Playtime: Chapter 3' and 'Poppy Playtime Chapter 4,'” the court file says.
“Unauthorized applications of Poppy Playtime have tainted Mob Entertainment's Poppy Playtime. [copyright] flag by associating it with poor quality apps that are nothing more than bait and switch scams.
“Google's illegal, unfair and fraudulent acts and business practices have caused Mob Entertainment to spend large amounts of resources, including its employees' time, in an unsuccessful effort to try to get Google to remove applications that commit copyright infringement, infringement trademark infringement, fraud, and other illegal and unfair acts and business practices.
Mob Entertainment is seeking “actual damages in an amount to be determined to be greater than $75,000,” all of Daigo's and Google's profits from the fraudulent apps, court costs, and $150,000 in damages for infringed work. It is also awaiting a court order to prevent Google and Daigo from violating its trademark in the future.
This is the latest in a series of game developers who have criticized digital game stores for not quickly addressing intentionally misleading or copyright-infringing games.
Last month, the creative director of indie hit Unpacking, Wren Brier, criticized Nintendo over the prominence of knockoff games on its Switch eShop, and days later, fans also saw knockoffs of Black Myth: Wukong. The 2D platformer's gameplay and presentation are markedly different, but its promotional art and title could easily be confused with that of Game Science's blockbuster.