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 SE 4 Thumb 1

iPhone SE 4 With Apple's Own 5G Modem 'Confirmed' to Launch in March

Tuesday November 19, 2024 12:12 pm PST by
Barclays analyst Tom O'Malley and his colleagues recently traveled to Asia to meet with various electronics manufacturers and suppliers. In a research note this week, outlining key takeaways from the trip, the analysts said they have "confirmed" that a fourth-generation iPhone SE with an Apple-designed 5G modem is slated to launch towards the end of the first quarter next year. In line with previo...
airtag purple

AirTag 2 Rumored to Launch Next Year With These New Features

Sunday November 17, 2024 5:18 am PST by
Apple released the AirTag in April 2021, so it is now three over and a half years old. While the AirTag has not received any hardware updates since then, a new version of the item tracking accessory is rumored to be in development. Below, we recap rumors about a second-generation AirTag. Timing Apple is aiming to release a new AirTag in mid-2025, according to Bloomberg's Mark Gurman....
Magic Mouse Next to Keyboard

No, Apple CEO Tim Cook Didn't Say He Prefers Logitech's MX Master 3 Over the Magic Mouse

Sunday November 17, 2024 3:03 pm PST by
While the Logitech MX Master 3 is a terrific mouse for the Mac, reports claiming that Apple CEO Tim Cook prefers that mouse over the Magic Mouse are false. The Wall Street Journal last month published an interview with Cook, in which he said he uses every Apple product every day. Soon after, The Verge's Wes Davis attempted to replicate using every Apple product in a single day. During that...
Generic iOS 18 Feature Real Mock

Apple Releases iOS 18.1.1 and iPadOS 18.1.1 With Security Fixes

Tuesday November 19, 2024 10:10 am PST by
Apple today released iOS 18.1.1 and iPadOS 18.1.1, minor updates to the iOS 18 and iPadOS 18 operating systems that debuted earlier in September. iOS 18.1.1 and iPadOS 18.1.1 come three weeks after the launch of iOS 18.1. The new software can be downloaded on eligible iPhones and iPads over-the-air by going to Settings > General > Software Update. Apple has also released iOS 17.7.2 for...
at t turbo indicator iphone 16 pro max v0 8hrh7w5f3w1e1

AT&T Turbo Indicator Showing Up in iPhone Status Bar for Subscribers

Wednesday November 20, 2024 3:42 am PST by
AT&T has begun displaying "Turbo" in the iPhone carrier label for customers subscribed to its premium network prioritization service, according to reports on Reddit. The new indicator seems to have started appearing after users updated to iOS 18.1.1, but that could be just coincidence. Image credit: Reddit user No_Highlight7476 The Turbo feature provides enhanced network performance through ...
iPhone 17 Slim Feature Single Camera 1 Redux

'iPhone 17 Air' Rumored to Surpass iPhone 6 as Thinnest iPhone Ever

Monday November 18, 2024 1:07 pm PST by
In a research note with Hong Kong-based investment bank Haitong today, obtained by MacRumors, Apple analyst Jeff Pu said he agrees with a recent rumor claiming that the so-called "iPhone 17 Air" will be around 6mm thick. "We agreed with the recent chatter of an 6mm thickness ultra-slim design of the iPhone 17 Slim model," he wrote. If that measurement proves to be accurate, there would be ...
bug security vulnerability issue fix larry

Make Sure to Update: iOS 18.1.1 and macOS Sequoia 15.1.1 Fix Actively Exploited Vulnerabilities

Tuesday November 19, 2024 10:52 am PST by
The iOS 18.1.1, iPadOS 18.1.1, and macOS Sequoia 15.1.1 updates that Apple released today address JavaScriptCore and WebKit vulnerabilities that Apple says have been actively exploited on some devices. With the JavaScriptCore vulnerability, processing maliciously crafted web content could lead to arbitrary code execution. The WebKit vulnerability had the same issue with maliciously crafted...

Top Rated Comments

Michael Goff Avatar
84 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
84 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
84 months ago
Boy you can really tell who read the article before commenting, and who didn't.
Score: 8 Votes (Like | Disagree)
ethanwa79 Avatar
84 months ago
Downloading Westworld NOW before it gets pulled. Also mastered Fallout Shelter.
Score: 8 Votes (Like | Disagree)
44267547 Avatar
84 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
84 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)