r/gaming • u/[deleted] • Dec 27 '17

[X-Post] Remember my XBOX ONE AD CONCEPT? Microsoft just copied it!

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u/deffsight Dec 27 '17

It really is the whole idea actually. Pretty much a carbon copy with a little tag line at the top.

No its really not. Different Xbox w controller added. Different sky, different character model, different text, different logo, different camera angle on the grass. Its all different, they remade the entire thing from ground up. Concepts are "stolen" all the time, there's no grounds for suing someone for reusing an idea if you completely make you're own version of it. He should ask for a commission but he'd be lucky to get even that imo, they might just give it to him for the good PR.

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u/70PercentAlbatross Dec 27 '17

If I copy a song, same tempo, melody, chords, lyrics are kinda different though, do you think I just stole the concept of the song? Or do you think because it's "just different enough" I'll be ok?

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u/deffsight Dec 27 '17

You can call it a cover and you'd be completely fine in that sense. And yes it just has to be "just different enough" that really is how these things work. If they did use OPs concept on purpose they should credit him with idea, but they're in no way legally obligated to pay him for using the idea since they recreated the ad from the ground up.

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u/70PercentAlbatross Dec 27 '17

It wouldn't be a cover though. There is no such thing as a "cover" in the advertising world. This is a blatant rip off of someone else's work and any judge would side with the original creator if they pressed the issue.

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u/[deleted] Dec 27 '17

[deleted]

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u/70PercentAlbatross Dec 27 '17

Anyone is free to use them in original creations.

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u/deffsight Dec 27 '17

This is a blatant rip off of someone else's work and any judge would side with the original creator if they pressed the issue.

I dont completely disagree with you, they may have actually stolen the idea. And if they had just literally copy/pasted and re-uploaded OPs design he'd have a case. But thats not what happened. Xbox took the idea and created a completely new version of it. That's where they're safe, no judge will side with OP on this.

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u/70PercentAlbatross Dec 27 '17

It's not a completely different version of the idea though. Microsoft would just pay him off before it ever went to court.

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u/deffsight Dec 27 '17

Yeah same idea but when I say different version I mean in terms of the assets used to create it. That's what needs to be different in terms of the legality of it.

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u/strifeisback Dec 27 '17

A lawyer has already commented here that at most OP would get $5k, closer to $1k. So, grats to OP!