Sony slams Tencent's "nonsense" defense in Horizon clone lawsuit over Light of Motiram

[midian182]

What just happened? The ongoing lawsuit over Tencent's "not a Horizon Zero Dawn clone, honest" game Light of Motiram is getting uglier. Sony has responded to the Chinese firm's defense by calling it "nonsense." It added that Tencent is playing a "shell game" to avoid liability, and that the damage to the Horizon brand has already been done.

Sony launched a lawsuit against Tencent over Light of Motiram back in July. The move came as no surprise, given that the game looks so similar to the Horizon series that most people assumed it was a new franchise entry or DLC from Guerrilla Games.

Sony accused Tencent of copyright and trademark infringement for copying Horizon's mechanics, graphics, style, and even Aloy's Focus device.

Tencent responded with what could be described as an interesting defense. Filing a motion to dismiss, it said that as Motiram isn't set for launch until the fourth quarter of 2027, some or all of Sony's alleged infringements might not appear in the final release; therefore, the case isn't "ripe." But then Tencent did alter the game's Steam page and add the release date after Sony launched its suit.

Tencent also claimed that Sony is trying to monopolize game genres and "time-honored" tropes that have been around for years and which appear in many titles. It noted that Horizon Lead Artist Jan-Bart van Beek revealed in a NoClip documentary that the game was initially paused because of its similarity to 2013's Enslaved: Odyssey to the West.

Tencent also claimed that there's a lack of jurisdiction over China's Tencent Holdings – the parent of the company developing the game, which has yet to be served.

Now, The Game Post has spotted a 35-page court filing from Sony that urges the court to reject Tencent's "nonsense."

"Tencent remarkably contends SIE's claims are unripe because – despite having announced and continuously promoted its game for months – Tencent (purportedly) delayed Light of Motiram's release until 2027 after SIE sued," the complaint reads. "This is nonsense. The damage is done – and it continues."

Sony also said that Tencent is playing a "shell game" with its brands and entities – Aurora Studios, Level Infinite, and Proxima Beta – but added that the tech giant remains "at the helm."

"Tencent tried to shield Defendants that it owns and/or controls from service of process and now seeks to escape jurisdiction over the parent entity, Tencent Holdings," the filing reads.

Sony said Light of Motiram jeopardizes Horizon's continued success, including current expansion plans for the franchise. It has asked the court to deny Tencent's motion to dismiss.

Sony's original complaint revealed that Tencent pitched the idea of a game set in the Horizon universe at the 2024 Game Developers Conference, but it failed to mention that it started developing Light of Motiram in 2023. Sony rejected the idea, yet Tencent continued developing its imitator.

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Sony slams Tencent's "nonsense" defense in Horizon clone lawsuit over Light of Motiram

 

[toooooot]

If they can get away with it, they will copy every last successful franchise. This is China, they copy and steal.

 

[m4a4]

"Sony said Light of Motiram jeopardizes Horizon's continued success, including current expansion plans for the franchise."

Well, at least they admitted the quiet part out loud.

 

[unoficialoficial]

Data East USA, Inc. v. Epyx, Inc. 862 F.2d 204, 9 U.S.P.Q.2d (BNA) 1322 (9th Cir. 1988) was a court case between two video game manufacturers, where Data East claimed that their copyright in Karate Champ was infringed by World Karate Championship, a game published by Epyx.

The district court found that Epyx had infringed on Data East's copyright, but not their trademark.

The United States Court of Appeals for the Ninth Circuit court reversed the decision on appeal, finding that the lower court erred in finding that the works were substantially similar. As a principle, there is no substantial similarity between the expression of two works if the expression is inseparable from the idea. The court also applied the scènes à faire doctrine that no one can own a generic scene, and the merger doctrine that no one can own the expression to an idea if there is only one way to express it. Although the games shared fifteen similarities, the court determined these were inherent to making a video game about karate, and lifted the injunction against Epyx.

Without that, Red Dead Redemption, for example, would infringe on the visual style of all Western films. Call of Duty, with all WWII films, and so on.

 

[Theinsanegamer]

If they can get away with it, they will copy every last successful franchise. This is China, they copy and steal.

You say that like its a bad thing. The way Western studios go, every good franchise they make will inevitably get run into the ground with politics and terrible decision making alienating the fanbase. The Chinese at least have the good business sense to give fans what they want.

You also have to consider the opposite. If Sony wins this with the claims of "dinosaur robot" then that opens up a huge door for abuse. NOBODY but sony can ever make a game with robot dinosaurs again. He4ll watch them hammer ARK into the ground. Nobody can make a game with "post apocalypse America" or underground decrepit bunkers again because that's the games style, and now sony owns that style. How about mechanics? Does dodge rolling count? If so, that's it for the Souls like games.

These claims of Sony are far too broad and easily abused to allow forward.

 

[J95qRP7]

How has a game, not releasing for more than two years, already "that the damage to the Horizon brand has already been done."? No one that was going to buy Horizon products is going to postpone that purchase for a future product of unknown quality, arriving in Q4 2027.

I hope it does release, as Sony ****ing killed the second game with its insane story. Maybe then, Sony might need to compete and produce a better product.

 

[James321]

Sony is just being cry babies.

They need to move along, anyone that can read. Will have no confusion that it's two different games.

 

[Melkor Unlimited]

Sony does not need anybody else to damage image of its products.

They manages to do that on their own.

 

[Subset6]

How has a game, not releasing for more than two years, already "that the damage to the Horizon brand has already been done."? No one that was going to buy Horizon products is going to postpone that purchase for a future product of unknown quality, arriving in Q4 2027.

I hope it does release, as Sony ****ing killed the second game with its insane story. Maybe then, Sony might need to compete and produce a better product.

I'm pretty sure Horizon 3 is in development. I'm all for making or copying some things to make them cheaper—because seriously, not everything needs to cost a fortune (looking at you, overpriced Razer and Logitech peripherals)—but the amount of plagiarism happening here is ridiculous, and they should definitely be sued.

 

[Liranan]

If they can get away with it, they will copy every last successful franchise. This is China, they copy and steal.

They definitely haven't copied Mr. Aloy's fat, bearded face.

The two countries with the most stolen IP's and patents are... Looks at Project Paperclip... No idea...

 

[bviktor]

Sony is just being cry babies.

They need to move along, anyone that can read. Will have no confusion that it's two different games.

No.

 

[James321]

No.

Yes.

 

[OortCloud]

I don't normally agree with huge corporations - especially their legal departments - but in this case I think Sony are absolutely justified. It's such a blatant rip-off it's ridiculous.