Krafton is suing Free Fire, Apple, and Google for copying and distributing PUBG IPS: Krafton, developer of the famous battle royale game IP “PUBG Battlegrounds”, is suing the Garena Free Fire, Garena Free Fire Max for copying the PUBG IPs. Krafton also filed a lawsuit against Apple and Google for distributing the copy of PUBG IPs. Let’s know the whole matter of the lawsuit.
Krafton filed the lawsuit in a district court of United Stated where they stated,
- “Krafton is the developer and publisher of an award-winning and highly popular copyrighted video game called PlayerUnknown’s Battlegrounds (“Battlegrounds” and now also referred to as “PUBG: Battlegrounds”), which is available to play on personal computers (“PCs”) and game consoles such as the Sony PlayStation and the Microsoft Xbox. Krafton has also licensed the game as a mobile “app.”
Krafton is suing Free Fire, Apple, and Google for copying and distributing PUBG IPs
2. “PUBG SM, a wholly-owned subsidiary of Krafton, is involved in the development of Battlegrounds, including in its periodic updates of added features, the promotion of Battlegrounds through advertising, product development, e-sport events, and other interactive engagements, and the design and distribution of Battlegrounds-related products, all of which add to the value and success of Battlegrounds among its millions of users worldwide.”
3. Shortly after Krafton launched Battlegrounds in 2017, Garena started selling a game in Singapore that copied Krafton’s game. Krafton’s predecessor, PUBG, and Garena settled the Singapore-related claims. The parties did not enter into a license agreement, nor did Krafton’s predecessor, PUBG, authorize Defendants to sell or distribute games infringing its copyrights in the United States. 5. Also in 2017, Defendants Apple and Google began selling this blatantly infringing mobile version of Battlegrounds developed by Defendant Garena. This infringing app was originally called Free Fire: Battlegrounds and is now called Free Fire.
4. On or about September 28, 2021, Garena released another app that also blatantly copies Battlegrounds, which is called Free Fire MAX (“Free Fire Max”). Free Fire Max is an entirely distinct app, which Garena requires players to separately download from the Apple App Store and Google Play Store. However, Free Fire Max was purportedly intended to provide the same user experience as Free Fire and, accordingly, infringes numerous aspects of Battlegrounds, both individually and in their combination, as alleged herein.
5. Free Fire and Free Fire Max extensively copy numerous aspects of Battlegrounds, both individually and in combination, including Battlegrounds’ copyrighted unique game opening “airdrop” feature, the game structure and play, the combination and selection of weapons, armor, and unique objects, locations, and the overall choice of color schemes, materials, and textures.
On or about December 21, 2021, Krafton demanded that Garena immediately stop its exploitation of Free Fire and Free Fire Max, including by revoking its apparent authorization to Apple and Google to distribute Free Fire and Free Fire Max through their respective platforms. Garena has refused. 12. On or about December 21, 2021, Krafton also requested that Apple and Google, in turn, each cease distributing and exploiting Free Fire and Free Fire Max through their respective platforms.
To date, they continue to exploit Free Fire and Free Fire Max through their respective platforms. Indeed, as set forth below, upon information and belief, Apple and Google fail to address legitimate claims of copyright infringement on their networks where they are indemnified by deep-pocketed coinfringers, like Garena. This selective enforcement of copyright law renders Apple and Google liable for willful infringement. 13. On or about December 21, 2021, Krafton requested that YouTube takedown numerous posts that feature Free Fire and Free Fire Max gameplay that include elements that blatantly infringe Battlegrounds and, separately, the infringing feature-length film. To date, YouTube has failed to remove these posts.
Despite these requests and warnings, Defendants have failed to comply with their obligations under the law. As set forth herein, Krafton seeks redress for Defendants’ blatant and willful infringement of its copyrights in Battlegrounds. PARTIES