Can PUBG win legal battle against Epic Games?

PlayerUnknown's Battlegrounds developed by PUBG / Courtesy of PUBG

By Jun Ji-hye

While an ongoing legal copyright battle between Korean game firm PUBG and U.S.-based Epic Games has been stirring up a heated debate over whether the latter's “Fortnite” was copied from the former's “PlayerUnknown's Battlegrounds,” market observers are cautiously forecasting that there seems little likelihood of the Korean firm winning the case.

They said it would be difficult for the originality of “Battlegrounds” to be recognized by a court as its “Battle Royale” game concept has become one of the popular game genres derived from the Japanese film “Battle Royale.”

“Also, there have already been a number of games similar to Battlegrounds besides Fortnite,” an industry source said, adding that if a court agrees with PUBG's argument, it would deal a huge blow to the game industry.

PUBG, a subsidiary of Bluehole, filed an injunction in January, alleging copyright infringement, with the Seoul Central District Court against Epic Games Korea, according to a PUBG official.

Released in July last year, “Fortnite,” an online shooter, has recently become popular around the world, threatening the popularity of “Battlegrounds” that was a great hit in the global game market last year.

When “Fortnite” was first launched, the game only had the “Save the World” mode, in which gamers build defenses and defend them. But in September, the firm added the “Battle Royale” portion into the game, provoking a plagiarism controversy and allegations that it copied “Battlegrounds” items and its user interface (UI).

At the time, Bluehole said in a statement that the firm was mulling ways on how to respond to the claims that core elements and UI of the Battle Royale mode of “Fortnite” seemed to be similar to those of Battlegrounds.

But in online communities, opinions have been divided over the Korean firm's argument, with some saying “Fortnite” copied “Battlegrounds,” while others saying “Fortnite” has its own characteristics.

Another industry source said it would be hard to deny that “Battlegrounds” influenced “Fortnite” to some extent, but views can be divided between reference and plagiarism.

“Looking at the process of development of the game industry, games have inherited merits of existing ones while adding new aspects and improving them,” he said. “There sometimes have been plagiarism disputes in this process but winning a legal battle has been always difficult.”

Observers noted that PUBG may be aware of this as well, but is apparently intending to stress to the public that its “Battlegrounds” is a precursor of the “Battle Royale” game genre and put a brake on the growing popularity of “Fortnite” at a time when Epic Games is preparing to make a foray into the Korean market and release its game in “PC rooms” here soon.