Paladins Vs. Overwatch: Just Stop

I might be a wee bit frustrated.

Source

I had a whole nice article planned, you know. It was going to talk about Paladins, and why I'm so excited about it, how to handle a game right, and what elements can be missing from a game and not matter as much. I'm sure it would've been good, too.

But nope, rather than the internet talking about this new and interesting game, the only thing I've heard is “IT RIPS OFF OVERWATCH AHHHHHHH”.

I think we might be having an issue with the line between “ripoff”, and “similar”, guys. I'm really frustrated that a unique game is having all discussion about it sucked into an argument over whether it copied another, and I think we mayyyy need to actually discuss what a ripoff really is.

So, for all intents and purposes, let's start with what a ripoff should be defined by. Merriam Webster defines it as “something that is too much made like something else”. Obviously that's very subjective, and altogether not very useful to define by any objective standards. Instead, let's first look at this in the only objective manner anyone can: the legal system.

I'll be using U.S law, since that's where Blizzard and Hi-Rez are based, and I'll just be linking sections on Wikipedia because that site's the easiest for anyone of limited legal knowledge to read.

When it comes to intellectual property law, there are 2 pertinent areas that could be applied here. Game mechanics can't really be patented, as companies who try basically find them unenforceable. So that leaves trade dress.

Trade dress basically gives protection to any visual design of a product. It's why you can't make a Mario fan game and sell it for profit(or really for any reason when it comes to Nintendo). I highly doubt anyone would confuse Paladins for Overwatch, they look so incredibly different. No way this would hold any legal water.

Trademark wouldn't apply because no duh. Industrial Design rights don't apply either because the mechanics are different, and they don't serve the same function under the law. Not copyright either, that only applies to direct asset rip offs really. Any way you look at it, there is no way possible that a legal case could be made for either game ripping the other off. It just couldn't happen.

And as for Paladins being a ripoff in spirit, well that's a bit different from person to person, and I don't really want to get into that directly. What I do want to talk about is how this sucked up all other discussion about Paladins into a meaningless black hole.

This is frustrating to me not just because I'm a Paladins fan (although I do enjoy it immensely), but it's not a good way to go about things. One part of this post is talking about how by all objective standards, Paladins is quite different from Overwatch. The other part is a cry for reason, a plea for it. Because this stuff happens, guys.

League of Legends and DOTA 2 are very similar in a lot of areas. Call of Duty and Battlefield are similar in a lot of areas. Half the fighting games on the market are close in nature. So many RPG's copy stuff from each other. Platformers borrow from each other with reckless abandon. So why in the frakking heck is Paladins suddenly considered so shameless?

A few things could be the culprit here. First off, the timing isn't great. Overwatch is still very relevant in the public eye, so any game with similarities is going to draw eyebrows from at least a few people. Adding to that is the fact that several popular internet personalities (I am looking SQUARELY at you, Dunkey) kinda jumped on the bandwagon and made a deal about it being similar. It's quite unfortunate how nowadays these people do have to rush research just to get more clicks because otherwise you're not going to last. And finally, it's a competitive market, and ulterior motives can therefore be drawn more easily. Sad but true.

I understand that games don't exist in a vacuum, but when exactly did games start to be judged entirely outside of their own merits? The outrage culture of the internet has certainly shown itself to be prevalent, so I suppose it's no surprise that a game I like would bound to be consumed by it eventually. I guess I'm just... I don't know. A bit disappointed? Regardless, this seems to ultimately be a good cautionary tale for any dev wanting to make a game similar to one on the market already. Watch your step, everyone.

Now can I please write an article about Paladins and why it's good?