In early 2014, the mobile game Flappy Bird became an overnight sensation. The simple, yet frustratingly difficult game was created by Vietnamese developer Dong Nguyen and published through his company dotGears. At the peak of its popularity, Flappy Bird was reportedly earning $50,000 per day in ad revenue. However, the game was also highly controversial. Critics accused Flappy Bird of being too similar to Nintendo’s Mario games. In February 2014, Nintendo began legal proceedings against Flappy Bird for infringing on its intellectual property. Here is an in-depth look at why Nintendo sued Flappy Bird and the outcome of the case.
Flappy Bird’s Origins and Gameplay
Flappy Bird was initially released in May 2013. The game was free to download and supported by in-game ads. The objective was simple – tap the screen to make the bird flap its wings and navigate between oncoming sets of pipes. If the bird hits a pipe, you lose. That’s the entire premise of the game. Flappy Bird shares some similarities with Nintendo’s Mario games. The bird character itself bears a resemblance to Mario or Luigi. The pipes are also very reminiscent of the ones Mario navigates in the classic Super Mario Bros games. However, the actual gameplay mechanics are completely different.
Flappy Bird’s Sudden Rise to Fame
For several months after its initial release, Flappy Bird languished in obscurity. It was just one of many games on the App Store and Google Play. However, in December 2013 and January 2014, Flappy Bird suddenly went viral. Some speculate that Nguyen used bots to artificially boost downloads and revenue at first. But after reaching a critical mass, organic word of mouth and social shares took over. Flappy Bird started trending on Twitter and other social media networks. Popular YouTubers began uploading videos of their attempts at high scores. At one point in February 2014, Flappy Bird occupied the top 5 slots on the App Store’s free games chart.
Backlash Against Flappy Bird’s Success
As it grew more popular, Flappy Bird also attracted significant controversy and backlash. Many criticized the game for being too simple, too repetitive, and even too frustrating. Reviewers called it “mindless” and “shallow.” Others accused Nguyen of stealing game elements from Nintendo’s Mario franchise. The pipes were an obvious point of contention. Some also felt the bird character was too similar to Mario or Luigi. Critics argued that Flappy Bird’s instant success was undeserved considering how unoriginal and derivative the game was.
Nintendo’s Legal Action
In February 2014, with Flappy Bird still riding high, Nintendo decided to take legal action. They claimed Flappy Bird violated Nintendo’s intellectual property and trade dress rights. Specifically, Nintendo asserted that the visual design of the pipes and the bird character were too similar to components of their Super Mario games. Some of the potential infringements Nintendo cited:
Pipe Design
– Green pipes with opening at the bottom are a Mario trademark
– Pipe openings have similar size and dimensions in both games
– Pipes are placed vertically with small gaps, requiring careful timing to navigate
Bird Character Design
– Flappy Bird character has a similar aesthetic to Mario, Luigi and other Nintendo characters
– Large bulbous nose, wide eyes, blocky body shape
– Familiar cartoonish, retro pixel art style
Nintendo demanded that Flappy Bird cease infringing on its IP rights. They requested the game be removed from app stores immediately. Nintendo also wanted a share of the ad revenues generated by Flappy Bird.
Speculation on Nintendo’s True Motives
Nintendo claimed they needed to protect their intellectual property. But some speculated whether Nintendo’s legal action was truly motivated by commercial concerns rather than IP alone. For example:
– Flappy Bird was earning $50K daily at its peak, potentially diluting Nintendo’s own game revenue
– Super Mario games were coming to mobile soon; Nintendo perhaps felt threatened
– Wanted to make an example of Flappy Bird copycats on mobile
– Litigation got lots of media buzz that reinforced Nintendo’s IP dominance
In other words, some felt Nintendo flexed its legal muscles primarily to defend its commercialinterests rather than just its IP. Suing Flappy Bird was a warning to other copycat developers while also drumming up PR.
Nguyen’s Reaction and Decision
Caught off guard by Nintendo’s lawsuit, Dong Nguyen had a tough decision to make. His options were:
– Fight Nintendo in court – Difficult and expensive legal battle
– Settle case with Nintendo – Forfeit chunk of revenue and change game
– Remove Flappy Bird from app stores – Kill his golden goose voluntarily
Perhaps surprisingly, Nguyen chose the third option. Just a day after Nintendo filed suit, he removed Flappy Bird from both the App Store and Google Play. His tweeted rationale was that the attention and pressure were too much to bear. But Nintendo’s looming litigation was likely a major factor in his decision. By pulling the plug on Flappy Bird, Nguyen avoided a messy court fight and got to keep most of the profits.
Aftermath and Legacy
Nintendo’s lawsuit achieved its purpose. With Flappy Bird gone, no final legal judgment was rendered. The case likely ended in an informal settlement. Nguyen agreed to cease distributing Flappy Bird and Nintendo backed off. Nguyen reportedly still earned an estimated $50K per day for several months from Flappy Bird – not bad for a simple mobile game. Flappy Bird left behind a legacy as one of the most viral game crazes ever. Clones and derivatives popped up but none matched the original’s success. The game spawned debate about copies, clones and IP in the digital era. It also showed how powerful mob mentality can be in this modern age of social sharing.
Conclusion
Nintendo felt Flappy Bird copied too liberally from its Mario games – especially the pipe design and bird character. Mere days after filing suit, Nintendo got its wish as Nguyen pulled Flappy Bird rather than fight it out in court. Nintendo made its point about protecting its IP. But its aggressive legal maneuvering also likely contained a commercial motive – silencing a rival earning major money from an allegedly copycat game. The Flappy Bird saga demonstrates how seriously major game companies like Nintendo take their IP today. It also shows the power of viral social trends and how they can turn small indie games into overnight juggernauts – for better or worse.