Bethesda Sues Warner Bros for Copying Fallout Shelter With New Westworld iOS Game

Warner Bros' new Westworld game for mobile devices is a "blatant rip-off" of Bethesda game Fallout Shelter, according to a lawsuit Bethesda filed in a Maryland U.S. District Court this week.

At issue are the similarities between the two games. In Fallout Shelter, which was first released in 2015, you run an underground bunker in the Fallout universe, directing your bunker inhabitants to build and run new facilities, go out on expeditions, and more, with the ultimate goal of building up the bunker.


Westworld, based on the popular HBO show and released this week, uses a similar concept, with an underground Delos facility that players are required to build out to create AI hosts and satisfy guests in the park. The ultimate goal is to build up your underground Westworld facilities along with the above-ground park.


In the lawsuit, which was shared by Polygon, Bethesda accuses Warner Bros and game developer Behaviour Interactive of breach of contract, copyright infringement, unfair competition, and misappropriation of trade secrets. Behaviour Interactive worked on both Fallout Shelter and Westworld.

The Westworld game, says Bethesda, uses the same game design, art style, animations, and features as Fallout Shelter, in addition to stealing copyrighted computer code created for Fallout Shelter. As evidence for this, Bethesda claims Westworld has a unique bug that was also found in early builds of Fallout Shelter.

falloutshelter

Fallout Shelter

According to Bethesda, Behaviour Interactive utilized its restricted access to Bethesda's intellectual property, including copyrighted code, to reduce costs and development time to bring Westworld to market faster.

The Westworld game is a blatant rip-off of FALLOUT SHELTER. Working with the same copyrighted computer code used by FALLOUT SHELTER, Westworld has the same or highly similar game design, art style, animations, features and other gameplay elements as FALLOUT SHELTER, all of which are owned by Bethesda.

Behaviour's breach of its contract with Bethesda is evidenced by the gameplay of Westworld, which uses the same copyrighted computer code created for Bethesda's FALLOUT SHELTER game. Behaviour's use of the computer code owned by Bethesda to develop Westworld even included the very same 'bugs' or defects present in the FALLOUT SHELTER code.

It's impossible not to see the similarities between Fallout Shelter and Westworld, and as is pointed out in the lawsuit, several reviews and stories on the Westworld game that have come out over the last few months have noted those similarities. VentureBeat, for example, said in March that the "side-view user interface looks a lot like Fallout Shelter," while ShackNews said "Westworld mobile is definitely taking a page out of the Fallout book," during the same timeframe.

westworld

Westworld

In light of the alleged intellectual property theft, Bethesda has asked the court for a jury trial, statutory damages, and actual damages, along with restitution and lawyers fees and costs. The company is also asking for every version of the Westworld mobile game to be removed from distribution.

Popular Stories

iPhone 17 Plus Feature

iPhone 17 Lineup Specs Detail Display Upgrade and New High-End Model

Monday July 22, 2024 4:33 am PDT by
Key details about the overall specifications of the iPhone 17 lineup have been shared by the leaker known as "Ice Universe," clarifying several important aspects of next year's devices. Reports in recent months have converged in agreement that Apple will discontinue the "Plus" iPhone model in 2025 while introducing an all-new iPhone 17 "Slim" model as an even more high-end option sitting...
iPhone SE 4 Vertical Camera Feature

iPhone SE 4 Production Will Reportedly Begin Ramping Up in October

Tuesday July 23, 2024 2:00 pm PDT by
Following nearly two years of rumors about a fourth-generation iPhone SE, The Information today reported that Apple suppliers are finally planning to begin ramping up mass production of the device in October of this year. If accurate, that timeframe would mean that the next iPhone SE would not be announced alongside the iPhone 16 series in September, as expected. Instead, the report...
Generic iPhone 17 Feature With Full Width Dynamic Island

Kuo: Ultra-Thin iPhone 17 to Feature A19 Chip, Single Rear Camera, Semi-Titanium Frame, and More

Wednesday July 24, 2024 9:06 am PDT by
Apple supply chain analyst Ming-Chi Kuo today shared alleged specifications for a new ultra-thin iPhone 17 model rumored to launch next year. Kuo expects the device to be equipped with a 6.6-inch display with a current-size Dynamic Island, a standard A19 chip rather than an A19 Pro chip, a single rear camera, and an Apple-designed 5G chip. He also expects the device to have a...
iPhone 17 Plus Feature Purple

These 5 Features Will Make the iPhone 17 the Biggest Update in Years

Monday July 22, 2024 4:02 pm PDT by
The upcoming iPhone 16 models that we're expecting to see in September are going to be quite similar to the iPhone 15 models, but rumors suggest that Apple is making big changes in 2025. We've been hearing hints of an all-new device in the iPhone lineup, and it may be the most expensive iPhone Apple has offered to date. New 'Slim' Design Rumors have taken to referring to the new iPhone 17...
iOS 18 on iPhone Feature

Everything New in iOS 18 Beta 4

Tuesday July 23, 2024 1:08 pm PDT by
Apple released the fourth beta of iOS 18 today, introducing small changes to a number of features throughout the operating system. There are no big additions in this beta, but Apple is continuing to refine existing settings and design choices. Apple plans to continue updating iOS 18 over the next few months, with the update set to be released this fall. We've rounded up all of the changes...
iPhone SE 4 Thumb 1

iPhone SE 4 Rumored to Launch Early Next Year With OLED Display, 48MP Camera, and More

Monday July 22, 2024 7:22 am PDT by
The fourth-generation iPhone SE will offer a series of major upgrades over the current model, the leaker known as "Ice Universe" claims. The information was listed in a post on Weibo, which also detailed the specifications of the iPhone 17 lineup. As previously rumored, the fourth-generation iPhone SE is expected to feature Face ID and USB-C, marking a major upgrade from current and previous ...
iPhone 17 Plus Feature Purple

iPhone 17 Rumored to Feature Mechanical Aperture

Tuesday July 23, 2024 9:32 am PDT by
Apple is planning to release at least one iPhone 17 model next year with mechanical aperture, according to a report published today by The Information. The mechanical system would allow users to adjust the size of the iPhone 17's aperture, which refers to the opening of the camera lens through which light enters. All existing iPhone camera lenses have fixed apertures, but some Android...

Top Rated Comments

Michael Goff Avatar
80 months ago
Very interesting. I would think HBO will argue that their game is a type of "genre", and thus can't infringe on copyright - similar to many driving, racing, or fighting games. However it does look almost identical, and Bethesda is one of the few mobile developers with a bank account.
It's not just that it looks similar, it apparently has some of the bugs that Fallout Shelter had in the beginning. They're claiming the company that they paid to make Shelter took the code and basically sold it again.
Score: 12 Votes (Like | Disagree)
nwcs Avatar
80 months ago
1st
Congratulations. You win 10 internet points.

On topic: It sure looks like infringement. Normally I wouldn’t think they would have a chance but there’s enough here and if the bug is specific enough that was apparently duplicated they might convince someone that there’s fire with that smoke. Good luck to them, though. It’s not easy to win these.
Score: 10 Votes (Like | Disagree)
ActionableMango Avatar
80 months ago
Boy you can really tell who read the article before commenting, and who didn't.
Score: 8 Votes (Like | Disagree)
ethanwa79 Avatar
80 months ago
Downloading Westworld NOW before it gets pulled. Also mastered Fallout Shelter.
Score: 8 Votes (Like | Disagree)
44267547 Avatar
80 months ago
My bet is Bethesda will lose.
Why? I think Bethesda has grounds for the lawsuit and and a lot of the elements of the game are carbon copied from Fallout shelter.
Score: 8 Votes (Like | Disagree)
LawJolla Avatar
80 months ago
As an IP attorney that played both games, this will come down to the vagrancies of the contract. It's a complete loser as a straight up IP lawsuit.

The plaintiff faces a tough task -- all of the presumptions will be on the defendant's side.
Score: 7 Votes (Like | Disagree)