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The W - Video Games - Marvel Comics to sue City of Heroes
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Jaguar
Knackwurst








Since: 23.1.02
From: Phoenix, AZ

Since last post: 256 days
Last activity: 57 days
#1 Posted on | Instant Rating: 4.65
http://www.usatoday.com/tech/news/2004-11-11-marvel-sues-over-avatars_x.htm?csp=15

    Originally posted by USAToday
    The company singles out a game feature for creating "a gigantic, green, 'science-based tanker'-type hero that moves and behaves nearly identically" to the "Hulk." Players can also create a "mutant-based" hero powers and a costume nearly identical to Marvel's "Wolverine," according to the suit.

    The New York-based company also took issue with the ability of players to go so far as to name their superhero creations after Marvel comic book characters.

    Marvel claims the firms' are responsible because the game is played on servers operated by the companies, raising the question of whether a company is responsible for their customers' actions on its computer server.


The EULA states that you can't use copyrighted characters, and Cryptic/NCSoft goes through and deletes the clones. Marvel's being reckless with their fanbase, especially seeing as how they have their own MMO game in the works.

Just ridiculous.

-Jag



"During his term in office, George Bush has relentlessly continued to be presidentódespite the clear benefits to America his absence would bring to the lives of citizens everywhere."

Here's to another four years...
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ekedolphin
Scrapple








Since: 12.1.02
From: Indianapolis, IN; now residing in Suffolk, VA

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#2 Posted on | Instant Rating: 4.52
I agree that perhaps the suit's a bad idea, but I'll play devil's advocate for a moment. From Marvel's perspective, they must aggressively defend against any and all copyright infringements, because not doing so would cause them to forfeit their right to use those trademarks, if I understand the law correctly. It's good to see that the makers of the game are doing their utmost to delete copyrighted characters, and hopefully that'll be enough to get the suit thrown out, but I don't think it's fair to paint Marvel as the bad guy here.



ďNobody enjoys a good time more than I do, but this business of yours is as legitimate as a three-legged donkey-- which of course is illegitimate because as we all know, donkeys have four legs.Ē

--Lance Storm, WWF RAW, 1/21/02

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Jaguar
Knackwurst








Since: 23.1.02
From: Phoenix, AZ

Since last post: 256 days
Last activity: 57 days
#3 Posted on | Instant Rating: 4.79
Until either Marvel settles the suit out of court, or DC/Warner Bros. jump in with a lawsuit of their own, I'm going to have stand firm in my belief that Marvel is in the wrong here.

Yes, you're right about the trademark law, that instances of not defending your trademark can lead to you losing said trademark. However I haven't seen any lawsuits against Steve Jackson Games for their GURPS Super Hero books which allow you to do the same thing the CoH Character Creator does: Create Superheroes that are similar to Marvel's trademarks. Marvel even has their own line of RPG books that would be in direct competition with the GURPS set. But no lawsuit. The whole thing just smells funny, and it leads me to believe that Marvel is run by a bunch of dickheads.

-Jag



"During his term in office, George Bush has relentlessly continued to be presidentódespite the clear benefits to America his absence would bring to the lives of citizens everywhere."

Here's to another four years...
Jackson
Sujuk








Since: 4.1.02

Since last post: 2047 days
Last activity: 1573 days
#4 Posted on | Instant Rating: 2.10
The game lets you create any superhero you want. If somone makes a Marvel character that is the player's creation. Are you going to sue Crayola is a kid draws Spiderman?



(edited by Jackson on 15.11.04 0300)


Zeruel
Thirty Millionth Hit
Moderator








Since: 2.1.02
From: The Silver Spring in the Land of Mary.

Since last post: 1 day
Last activity: 5 hours
#5 Posted on | Instant Rating: 4.05
    Originally posted by Jackson
    If somone makes a Marvel character that is the player's creation.


Um...I think there was a statement in there somewhere.


What Marvel is contending is that by having a character named Wolverine, who looks like Marvel's Wolverine makes the game misleading because people will think that Marvel characters are in the game. If consumers think this, they will not want to buy the Marvel superhero game because they're "already in" CoH.

CoH has been deleting the copyrighted characters because it if they do not, it could be taken like they approve of this.

The bottom line is that if Marvel does not fight this, they will lose sales from their game, and if CoH doesn't comply, their servers could be shut down in a major lawsuit (which would only happen if they didn't care about the copyrighted characters and told Marvel to fuck off).






The Catastrophic Annihilation War Room
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Jackson
Sujuk








Since: 4.1.02

Since last post: 2047 days
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#6 Posted on | Instant Rating: 2.10
Here, let me help. The statement is that players create thier own character. See that's what people do on MMORPGs (Massive Multiplayer Online Role-Playing Games). They name and make their own character. Still with me? good.

Now we can move on to how stupid it will get if no one will be allowed to use a copyrighted name (or dress in a copyrighted way) on these type of games. My opinion is it's pretty fucking stupid. Hope that clears things up for ya.

(edited by Jackson on 15.11.04 2318)


EddieBurkett
Boudin blanc








Since: 3.1.02
From: GA in person, NJ in heart

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#7 Posted on | Instant Rating: 6.13
The crux of the matter in all of this is that although the player is able to create any character possible with the character generator, in the EULA/TOS for the game, all created characters become property of City of Heroes. So I might be able to go in and make the zillionth Wolverine clone, and now NCSoft and Cryptic own the rights to that character. I still think that Marvel's acting nuts in this case, but this lawsuit is probably a good thing in helping to clear up legal content over ownership/IP rights for player created content in MMO's.



You're gonna carry that weight...
Jackson
Sujuk








Since: 4.1.02

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#8 Posted on | Instant Rating: 2.10
Well, it comes down to abuse of power as Ric Flair would say. You know, like when you have a 5.25 rating with 20 votes and then after Zuruel math you have 0.11 with 2 votes. I don't really give a fuck but just wanted to point it out before this is deleted.



CRZ
Big Brother
Administrator








Since: 9.12.01
From: „Éü„Éć„āĘ„ÉĚ„É™„āĻ

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#9 Posted on | Instant Rating: 9.02
    Originally posted by Jackson
    Well, it comes down to abuse of power as Ric Flair would say. You know, like when you have a 5.25 rating with 20 votes and then after Zuruel math you have 0.11 with 2 votes. I don't really give a fuck but just wanted to point it out before this is deleted.
Whining about your ratings (and the ratings of others) is so unattractive. Of course, I only say this because I'm hovering around 9.



©CRZô
Jackson
Sujuk








Since: 4.1.02

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#10 Posted on | Instant Rating: 2.10
Again I am forced to clarify. I said NOTHING about anyone else's rating. I assumed (perhaps falsely) that it was Zuruel that altered my rating.

Here, let me try again. Somewhere between 15.11.04 2317.03 and 16.11.04 2306.07 eighteen votes disappeared. It's your board Zed and you can wipe out votes like Jeb Bush on a three day coke binge if ya want. If you think I am whining for pointing it out though that's too bad.



Guru Zim
SQL Dejection
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Since: 9.12.01
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#11 Posted on | Instant Rating: 8.81
(deleted by CRZ on 17.11.04 1859)
CRZ
Big Brother
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Since: 9.12.01
From: „Éü„Éć„āĘ„ÉĚ„É™„āĻ

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#12 Posted on | Instant Rating: 9.02
    Originally posted by Jackson
    Here, let me try again. Somewhere between 15.11.04 2317.03 and 16.11.04 2306.07 eighteen votes disappeared. It's your board Zed and you can wipe out votes like Jeb Bush on a three day coke binge if ya want. If you think I am whining for pointing it out though that's too bad.
You seem confused. I will attempt to help.

Two weeks ago, I deleted ALL the votes. Learn more at http://the-w.com/thread.php/id=23077

Yes, your rating was in the 5s before SWEEPS started. Yes, your rating is substantially lower right now. I don't know what Jeb Bush and a three day coke binge has to do with it.

We can talk about this further in private messages if you want to keep talking about it, or take it to a new thread in Site Feedback, but we're wildly off topic here.



©CRZô
Jaguar
Knackwurst








Since: 23.1.02
From: Phoenix, AZ

Since last post: 256 days
Last activity: 57 days
#13 Posted on | Instant Rating: 4.93
And here's my Supergroup's response to the whole deal:



Hooray for public demonstrations!

-Jag



"During his term in office, George Bush has relentlessly continued to be presidentódespite the clear benefits to America his absence would bring to the lives of citizens everywhere."

Here's to another four years...
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