Marvel Sues over City of Heroes

Marvel sues two companies over role-playing game is an article announcing the Comic Book Publisher is suing NCsoft and Cryptic Studios over City of Heroes. No word on whether Matt Murdock is handling Marvel's case:
The lawsuit claims South Korea-based NCSoft and San Jose-based Cryptic Studios violated Marvel's trademark characters in their game City of Heroes. Marvel seeks unspecified damages and an injunction against the two companies to stop using its characters.

The personal computer game enables players to design superheroes' look and abilities and then battle against other players' characters in a virtual city. Like similar so-called massively multiplayer role-playing games where thousands of players can be playing simultaneously at any given time, City of Heroes claims to offer a myriad of combinations so that no two players' characters are exactly the same.

But in its lawsuit, filed Wednesday in U.S. District Court, Marvel argues that the game's character creation engine easily allows players to design characters that are virtual copies of its own superheros, including "The Incredible Hulk."
View : : :
56 Replies. 3 pages. Viewing page 1.
Newer [  1  2  3  ] Older
56.
 
Re: Okay...
Nov 15, 2004, 23:54
56.
Re: Okay... Nov 15, 2004, 23:54
Nov 15, 2004, 23:54
 
Well, for the record, ninja claws (both cat's claws and tiger's claws) look *nothing* like Wolverine's claws.

In fact, as far as I know, Wolverine really was the first to have those style of claws.
Shadowrun and Cyberpunk soon copied it. (feel free to correct me if the Cyberpunk version predated Wolverine.. I didn't fact check that one.)

Here's the first hit on a search for ninja claw pictures.
http://www.karate-mart.com/ninshokhancl.html

55.
 
lol
Nov 13, 2004, 12:00
55.
lol Nov 13, 2004, 12:00
Nov 13, 2004, 12:00
 
nothing will come out of this. it will be covered under the creative/artistic license of individual users and nothing will be accomplished other than marvel wasting money and looking like assholes.
Lord BloodWolf
54.
 
Re: Okay...
Nov 13, 2004, 11:41
54.
Re: Okay... Nov 13, 2004, 11:41
Nov 13, 2004, 11:41
 
Ok, where are all these Wolverine clones in the comicbook world you speak of?

You don't only have to go to comics to defend the claws, you look in the game and at back at oriental history.

Ninjas.

Ingame, ninjas have the 3 bladed claws. There used to be a claw much like this, if I remember reading right, that was used in fights and for climbing.
Heck, look at Enter the Dragon, the evil bad guy uses either a 3 or 4 bladed claw hand to fight Bruce Lee.
Also, the claws do not animate going into and out of the hand, , the hands are thrown out and the claws appear
Plus, depending on the glove you make, you can see a big, squarish baseplate that the claws come from and are attached to, most noticeable, and much like the backside of a handgrip.
So, if anything, Ninja clans of the world ought to be suing marvel comics for ripping off a Ninja implement.

53.
 
Re: Okay...
Nov 13, 2004, 11:25
53.
Re: Okay... Nov 13, 2004, 11:25
Nov 13, 2004, 11:25
 
"Marvel doesn't care about The Incredibles because companies care more about style than substance."

Marvel doesn't care about it because they have no case. However, DC owns a trademark on the name Elastigirl, which is why she's called Mrs. Incredible these days (haven't seen the movie yet, though, so perhaps DC is letting them use it).

When you watch the Karate Kid movies, pay attention to the credits: they had to get permission from DC to use the name, since DC has a Karate Kid trademark and the movie was seen as being just a little too close to comics' concept.

So, if I create a superteam that's a ripoff of the Avengers, I'm fine, as long as they look somewhat different and don't use the same names. In fact, Marvel's Squadron Supreme is an example of their company creating a version of the JLA. At the same time, DC also created a version of the Avengers.
This comment was edited on Nov 13, 11:27.
52.
 
Re: Similar suit
Nov 13, 2004, 07:27
52.
Re: Similar suit Nov 13, 2004, 07:27
Nov 13, 2004, 07:27
 
I found a link with some pics of marvel look a likes you can create in COH. I must say they look like the real thing.

http://games.eof.net/ashke/pictures/coh/copies/page_01.htm

Avatar 17066
51.
 
Re: Similar suit
Nov 12, 2004, 22:38
51.
Re: Similar suit Nov 12, 2004, 22:38
Nov 12, 2004, 22:38
 
"We finally decided enough was enough," stated Adolf Hitler, current CEO of the Nazi party. "I've had my brain in a jar since 1945.

"Good news everyone........"

/edit for quotes to help with the joke.


This comment was edited on Nov 12, 22:39.
50.
 
Similar suit
Nov 12, 2004, 21:59
50.
Similar suit Nov 12, 2004, 21:59
Nov 12, 2004, 21:59
 
In related news, the Nazi party has filed a civil suit against numerous game developers, including NCSoft, Electronic Arts, id Software, Gearbox Software, and DICE, among the 30 different defendants named. The lawsuit claims that these companies illegally used 'trademarked imagery' of the Nazi party in violation of their intellectual property rights.

"We take IP violations very seriously," said Hermann Volschtad, council for the plaintiffs. "Our unique images and reputation are some of our most valuable assets, and yet these developers flagrantly use our property as integral parts of their own products. I suppose this sort of criminal behavior isn't surprising, as we all -know- who really runs the entertainment industry."

"We finally decided enough was enough," stated Adolf Hitler, current CEO of the Nazi party. "I've had my brain in a jar since 1945. It's famous. Yet, with their 'mother brain' character, Nintendo -blatantly- infringed upon my trademarked image. We decided that now, it was finally time to put our jackboots down."

While the companies have refused to comment on the case, the Klu Klux Klan has filed a similar complaint against the creator of the Smurfs, citing illegal use of the "pointy white hood" motif.

49.
 
Re: Okay...
Nov 12, 2004, 19:00
49.
Re: Okay... Nov 12, 2004, 19:00
Nov 12, 2004, 19:00
 
Ok, where are all these Wolverine clones in the comicbook world you speak of?

Predator, say.


Conversely why do you have such a burr up your ass about Marvel trying to protect its IP? Marvel isn't saying they want to shut CoH down, they just want to stop the obvious clones or see them license them. Sounds fair to me.

No, it sounds to me like they're just dicks who want to wipe out competition with lawsuits instead of quality products. CoH isn't trying to profit off of clones, it's just something that the costume editor lets you do. Worded the way they did, I don't see how it's any different from suing id or Discreet for Quake and 3DSMax.

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.

I mean, piss off. Seriously. Because if they're seriously suggesting that the game should be able to see that your model looks like Cyclops and has a similar name, and then ban it, then they should get syphilis and die.

48.
 
No subject
Nov 12, 2004, 18:56
48.
No subject Nov 12, 2004, 18:56
Nov 12, 2004, 18:56
 
In a way this suit is very similar to the ones involving software like kazaa and napster. CoH doesn't directly violate anyones copyrights but it provides the tools for others to violate the copyrights. While I think this is ridiculous there is precedent and this law suit shouldn't be ignored. If Marvel wins then providing software that enables the violation of copyrights could be stopped. If you stretch this it could cover mod tools for most all games. This is all pretty far fetched, but then, once upon a time, I thought the idea of the dmca was also pretty far fetched.

47.
 
Re: Disney picture
Nov 12, 2004, 18:41
47.
Re: Disney picture Nov 12, 2004, 18:41
Nov 12, 2004, 18:41
 
Leave it to Wally Wood. That guy was twisted. See? EC comics DO corrupt you.

46.
 
Re: Okay...
Nov 12, 2004, 18:20
46.
Re: Okay... Nov 12, 2004, 18:20
Nov 12, 2004, 18:20
 
Yeah, because we all know that there are no other claw-like weapons in comics or the real world. And, of course, if you make a Claws Scrapper then you have absolutely no choice but to make it look like Wolverine.

Ok, where are all these Wolverine clones in the comicbook world you speak of?

And you've yet to explain why you've got such a burr up your ass over CoH. Despite the fact that it's proven very popular, that it had nearly no launch issues (unlike any other MMORPG to date), and that it's given away a considerable amount of additional content for absolutely no addition fee (which you keep asking for -- validly).

Conversely why do you have such a burr up your ass about Marvel trying to protect its IP? Marvel isn't saying they want to shut CoH down, they just want to stop the obvious clones or see them license them. Sounds fair to me. Free content? I fucking hope so seeing as they didn't launch with any.


"Now, my Woody Allen impression: I'm a neurotic nerd who likes to sleep with little girls."
- Rainer Wolfcastle
"And then, suddenly and without warning, it turned into a real-life case of hungry, hungry hippos."
- Stephen Colbert
45.
 
Re: Okay...
Nov 12, 2004, 17:26
45.
Re: Okay... Nov 12, 2004, 17:26
Nov 12, 2004, 17:26
 
Yeah! Because I should be able to take a character created by someone else and do whatever I want with it.

Mickey Mouse porn anyone?


You mean something like http://www.illegal-art.org/print/popups/orgy.html

(NSFW, but not as bad as it could have been). Disney let this rather infamous picture go until someone started selling it as a poster.

This comment was edited on Nov 12, 17:27.
44.
 
Re: The Effeminate Hulk
Nov 12, 2004, 16:20
44.
Re: The Effeminate Hulk Nov 12, 2004, 16:20
Nov 12, 2004, 16:20
 
I don't understand why CoH doesn't take more aggressive actions against people who are obviously making clones of characters. Parody is one thing but Wulverine that looks exactly like the real thing (or as close an approximation as you can get in CoH) really ought to go. When I played I sent reports to the CSRs regarding such players and they were never dealt with. They were always there, day after day like they were some sort of original character.

Why do you care so much - or why does anyone in the game care who does what? Should my handle that I have used since 1991 not be allowed to be used? Where it is already used I have made it "BatmanX". What if they make a movie called BatmanX - can I sue them? What if I go copywright it under the terms that I pronounce it as Bat-manix? The idol of Batman is only Batman. Not sonic-Batman or electric-Batman, just Batman. So if I create something and copyright it, that changes what the item is, can I sue? My idea gets more towards that microsoft battle with the canadian guy that finally backed down.

But back to the point at hand, I have seen many characters that are made. If you think about it, none are original, I don't care who you are. So why not just shut down COH all together. I think it is genius when I see a character that is exactly the same as the real thing. My roomate plays as "Savage Drag0n". He looks exactly like Savage Dragon. He gets more compliments than anyone I know of. Who cares. It is a GAME! People play it to be like the comic book heroes, it is feeding the comic book genre. Why is this a bad thing? I don't thikn it is infringment of the copyrighted character at all.

The lawsuit I believe is without merit, and truly believe it is a way for Marvel to get their name out there. They aren't doing shit anyway. Their comics have been very sub par for some time. This just hurts them.

Oh, BTW, so you can report me too.... my handle is BatmanX, and I play on the Freedom server. I look nothing like Batman, more of a future Batman with the small gas mask and a 60s hat on. So why not just ban my character.

/ lawsuit is a waste of time and people's money.

//edit: I bet no one would care if I made "Matter Eater Lad" (edit 2: after hours of drinking, came back to check posts.....and relized most of you won't get that one - the age thing.)


This comment was edited on Nov 12, 22:37.
43.
 
Re: Okay...
Nov 12, 2004, 16:04
43.
Re: Okay... Nov 12, 2004, 16:04
Nov 12, 2004, 16:04
 
I think it sucks that no one can build upon a trademarked intellectual property concept because of all these laws.

Yeah! Because I should be able to take a character created by someone else and do whatever I want with it.

Mickey Mouse porn anyone?

42.
 
Re: Okay...
Nov 12, 2004, 16:02
42.
Re: Okay... Nov 12, 2004, 16:02
Nov 12, 2004, 16:02
 
Marvel doesn't care about The Incredibles because companies care more about style than substance. If you're stylistically similar to a copyrighted concept in how something looks, people get pissed. if you're substantially the same beneath the surface, where it acts and thinks like a certain character..in the words of Marge Simpson "Who gives a bibble! Gabba gabba hey."

So much is about selling style over substance nowadays, that's how these companies make a living. I think it sucks that no one can build upon a trademarked intellectual property concept because of all these laws.

Adventures of a video game mercenary
http://virtualmerc.blogspot.com
41.
 
Re: You'd think if anyone read the EULA.
Nov 12, 2004, 15:25
Flo
 
41.
Re: You'd think if anyone read the EULA. Nov 12, 2004, 15:25
Nov 12, 2004, 15:25
 Flo
 
You asked for it....

Ladies and gentlemen of the supposed jury, I have one final thing I want you to consider: (pulling down a diagram of Chewie) this is Chewbacca. Chewbacca is a Wookiee from the planet Kashyyyk, but Chewbacca lives on the planet Endor. Now, think about that. That does not make sense!

Why would a Wookiee -- an eight foot tall Wookiee -- want to live on Endor with a bunch of two foot tall Ewoks? That does not make sense!

But more importantly, you have to ask yourself: what does that have to do with this case? Nothing. Ladies and gentlemen, it has nothing to do with this case! It does not make sense!

Look at me, I'm a lawyer defending a major video game company, and I'm talkin' about Chewbacca. Does that make sense? Ladies and gentlemen, I am not making any sense. None of this makes sense.

And so you have to remember, when you're in that jury room deliberating and conjugating the Emancipation Proclamation... does it make sense? No! Ladies and gentlemen of this supposed jury, it does not make sense.

If Chewbacca lives on Endor, you must acquit! The defense rests.
Supporter of the "Chewbacca Defense"
40.
 
Re: You'd think if anyone read the EULA..
Nov 12, 2004, 15:05
40.
Re: You'd think if anyone read the EULA.. Nov 12, 2004, 15:05
Nov 12, 2004, 15:05
 
I'm surprised this hasn't been mentioned more. I mean, granted they provide the tools to make your character like a copywritten character. But it's right there in black and white that they don't condone such usage and they will (and do) penalize people who do such things.

Marvel is wasting time and money, of both organizations.

39.
 
No subject
Nov 12, 2004, 14:42
39.
No subject Nov 12, 2004, 14:42
Nov 12, 2004, 14:42
 
To say that size, bulk, accessories or anything as such is a copyright infringment is utter crud.
There has already been a great many depictions of the different features that make up marvel characters. In all fairness, if I were to log into a CoH game create a character I could design him/her/it to look like just about any Marvel/DC/Image comic. This whole thing with lawsuits is utterly wacked out.

Avatar 13202
38.
 
Re: Okay...
Nov 12, 2004, 14:28
PHJF
 
38.
Re: Okay... Nov 12, 2004, 14:28
Nov 12, 2004, 14:28
 PHJF
 
Oh, and by the way, I am hereby suing Writer/Director Tim Burton for infringing upon Marvel Comics' rights to a "claw-ish character" with his character Edward Scissorhands.

------
“The closer you get to being a pro, the closer you can get to the client. The knife, for example, is the last thing you learn. Ok?"
Steam + PSN: PHJF
Avatar 17251
37.
 
Re: Okay...
Nov 12, 2004, 14:26
PHJF
 
37.
Re: Okay... Nov 12, 2004, 14:26
Nov 12, 2004, 14:26
 PHJF
 
Yeah but do they have the pointy hairdo?

"Shall I call you Logan, Weapon X?"
"No... call me WOLVERINE!... snickety snack snickety snack"

------
“The closer you get to being a pro, the closer you can get to the client. The knife, for example, is the last thing you learn. Ok?"
Steam + PSN: PHJF
Avatar 17251
56 Replies. 3 pages. Viewing page 1.
Newer [  1  2  3  ] Older