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In Gabbuchi, the blocks have the face of Cubix (Ofihombre)
Have you heard about Gabbuchi? it's a game developed by the japanese developer h.a.n.d., that develops exclusive games for Nintendo consoles lately, and this one is released for Nintendo Switch at the end of January of this 2019. But getting to the point, one of the points that most caught my attention, was that the white and red blocks that the Gabbuchi character has to eat, have exactly the same simple face as one of my own characters from my original games.

That's right, I mean Cubix (Ofihombre), it's from that free indie game that I made in Game Maker for PC in 2015, The one that was known as "underrated misunderstood classic" in the thread where I called erroneously as "5 of the most underrating platform videogames" (I called them that because I liked them, and I wanted others to like them too):

[Image: cubix_title.png]

As he saw that the faces of the blocks were as accurate as Cubix (Ofihombre), that between is his official website for contact the developer to send it a message of small demand for the content, but in the end there wasn't response, and it made me reflect that I made it to be free because I don't earn money on that very simple face. The face of Cubix (Ofihombre) is a content without a registered license, that's why anyone can use it (including h.a.n.d.), although it's very possible that the accuracy of the face of the blocks is only a simple coincidence, and not a mere intentional plagiarism.

(Bottom image to watch carefully the exactness of the faces from Cubix and the blocks)
[Image: dcxwk2j-bc759a33-58e1-4edb-8506-dc25026c52e0.png]
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So let me get this straight.

You're upset that a game designer is using the same smiley face design that you used in a game you made, and didn't get your permission for it?

Looking at the layout of the face design, literally anyone can do it. It's not special, it's a non-issue. Yeah, coincidence may be in play but that's it, they probably made them up on their own. It's just a set of pixels arranged to make a shape. Look at Tamagotchis, they work on the same principle.

There really is nothing here to take sides about.
[Image: Elementary-Fantastic-Herring-small.gif]
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Yes, at the beginning, but then I start thinking. And you are right, it's just a coincidence that the Gabbuchi blocks have the same face as Cubix (Ofihombre), besides that it's just a simple face without a license that anyone can use it. But seeing the game, as it was something that I did before them, it was the first reaction I had.
In the week before the launch for Nintendo Switch, I contacted the company of h.a.n.d. to make a small demand on my character content, and the following week, this was the answer they gave me:
Dear Mr. Alexandre Monfort Ferrer,
I am Takahiro Suzuki, the operating officer of h.a.n.d., Inc / producer of Gabbuchi. After we have received your email dated Jan 24th (JSD), 2019 regarding Gabbuchi, we checked your Cubix gameplay video. We are very surprised to learn that the blocks in Gabbuchi and the character Cubix are partially similar.

Gabucchi is the game which has been originally designed and developed by our development staff, and so are characters and designs in the game.  As you mentioned in your email, we didn’t know the existence of Cubix earlier and therefore didn’t refer to or imitate Cubix. Unfortunately, this is the result of coincidence. Also, the Cubix character is a modeled person which is expressed as a face with two legs. On the other hand, our block is just a block with a simple face drawn.

In such a case, we believe copyright infringement doesn’t apply to both Japan’s and Spanish legislation. If you still insist that Gabbuchi which we have developed infringes your copyright, you will be required to prove that we infringed your property. In other words, you must prove that we introduced or imitated your Cubix character with enough evidences. However, since we didn’t perform such acts, we believe it’s impossible for you to find such evidences and prove infringement.

For all of these reasons, unfortunately we cannot accept your claim.
I pray for your future success.

Best regards,
Takahiro Suzuki

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