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."
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Marvel Suit
Nov 12, 2004, 10:47
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Marvel Suit Nov 12, 2004, 10:47
Nov 12, 2004, 10:47
 
No word on whether Matt Murdock is handling Marvel's case

Ba-dum, bump! Thank you very much, I'm here all week!
ZigZang
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eh....
Nov 12, 2004, 10:47
2.
eh.... Nov 12, 2004, 10:47
Nov 12, 2004, 10:47
 
I can't see this one getting very far in court. Way to go, Marvel, you now look like an asshat to all your fans.

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No subject
Nov 12, 2004, 10:48
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No subject Nov 12, 2004, 10:48
Nov 12, 2004, 10:48
 
You have to be kidding me! This is Marvel's way of kicking itself in the ass because they didn't come up with the idea: so they sue for copywright over 'superheroes'.
It's like EA sueing id or EPIC because you can create a NFL/Madden 2xxx using their engines.

Personally, I think these cases should not just be thrown out as nuicance cases...companies who pull this kind of crap (because they so-called have to protect their IP rights...I call bullshit on that: as a licenceholder you can give and take your IP rights to whoever you please) should get a HUGE fine for wasting peoples time and corrupting the spirit of the law.

4.
 
Stupid
Nov 12, 2004, 10:53
4.
Stupid Nov 12, 2004, 10:53
Nov 12, 2004, 10:53
 
Is Marvel also planning filing suit against the manufacturers of all pencils, pens, and other physical media creations? These devices can also be used in such a manner. I have long admired Marvel as having both good business practices and being innovative. That admiration does not extend to their legal advisors.
I'm not even really here.
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Re: No subject
Nov 12, 2004, 10:55
nin
5.
Re: No subject Nov 12, 2004, 10:55
Nov 12, 2004, 10:55
nin
 
Wow! A very lawsuit type of day...


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."


I'm thinking that's a pretty weak arguement.

Marvel continues it's downward spiral...



http://www.placeboworld.co.uk
6.
 
Hulk
Nov 12, 2004, 10:55
6.
Hulk Nov 12, 2004, 10:55
Nov 12, 2004, 10:55
 
Yeh, because "The Incredible Hulk" is SUCH an intricately designed hero...

Please....

The Hulk is just a big green guy, possibly with shorts or something.

CoH is doing their best to force any users with "Hulk" in their name to reset their names. The forcefully change teh character's name to "GenericHerox" and give them a day or so to choose a new name. This happens even if their hero looks nothing like the Hulk (grey or green).


Oh well, I stopped playing the game a few weeks ago, and haven't realyl missed it. Sure, it was fun for a while, but it eventually turned into a grind-fest.

Personally, I think DC has more of a leg to stand on. They have more generic looking tights on their heros that are easy to replicate. Most marvel characters are hard to replicate, except for Wolverine and The Hulk.


"Space. It seems to go on and on forever. But then you get to the end and a gorilla starts throwing barrels at you."
-Fry, Futurmama
This comment was edited on Nov 12, 10:57.
"Space. It seems to go on and on forever. But then you get to the end and a gorilla starts throwing barrels at you."
-Fry, Futurama
7.
 
Re: No subject
Nov 12, 2004, 10:55
7.
Re: No subject Nov 12, 2004, 10:55
Nov 12, 2004, 10:55
 
Trial attorneys, making life a paradise for everyone everyday....

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What Would Fred Do?
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"Both the “left” and the “right” pretend they have the answer, but they are mere flippers on the same thalidomide baby, and the truth is that neither side has a clue."

- Jim Goad
Avatar 10137
8.
 
Re: eh....
Nov 12, 2004, 10:56
8.
Re: eh.... Nov 12, 2004, 10:56
Nov 12, 2004, 10:56
 
IIRC, this isn't the first time Marvel has done this. They might was well sue 3DSMax makers since people can make Hulk and Wolverine characters there as well. Hell might as well sue the paper and pencil companies since people can draw their own Hulk and Wolverine comics, too.


This comment was edited on Nov 12, 10:58.
ZigZang
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Re: No subject
Nov 12, 2004, 10:57
9.
Re: No subject Nov 12, 2004, 10:57
Nov 12, 2004, 10:57
 
Marvel sues Crayola because their product allows people to make virtual copies of their comics...
10.
 
Re: eh....
Nov 12, 2004, 11:07
10.
Re: eh.... Nov 12, 2004, 11:07
Nov 12, 2004, 11:07
 
Way to go, Marvel, you now look like an asshat to all your fans.

.

...
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No subject
Nov 12, 2004, 11:20
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No subject Nov 12, 2004, 11:20
Nov 12, 2004, 11:20
 
None of the 'official' characters are actually in the boxed game, right?

Shouldn't they be suing the players who actually make the characters in that case?

Dumb, dumb lawsuit that won't go anywhere.

Avatar 13955
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Re: No subject
Nov 12, 2004, 11:26
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Re: No subject Nov 12, 2004, 11:26
Nov 12, 2004, 11:26
 
WEAK.

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You'd think if anyone read the EULA..
Nov 12, 2004, 11:36
13.
You'd think if anyone read the EULA.. Nov 12, 2004, 11:36
Nov 12, 2004, 11:36
 
..that the comic book makers' lawyers would have. The CoH EULA specifically prohibits players from recreating anyone's copyrighted characters, in name or in appearance, subject to account termination without notice (as a most extreme responce).

14.
 
Re: No subject
Nov 12, 2004, 11:39
14.
Re: No subject Nov 12, 2004, 11:39
Nov 12, 2004, 11:39
 
I wonder if the legal dept over at Marvel will next target Irrational Games claiming that Freedom Force vs Third Reich looks like a 'Jack Kirby Marvel Comic'? That's obviously the look that Irrational is going for, so maybe Irrational will rework the box cover and internal art so as to avoid what Marvel's lawyers will argue if a suit is filled. Marvel's legal strategy seems to be to bully everyone in the software industry not to do superhero themes unless they pay Marvel's highway robbery liscense fees. I agree with the previous poster that these legal depts ought to be slapped with hefty fines, but I doubt we'll ever see such a society though.

15.
 
Whaaaaaat?
Nov 12, 2004, 11:51
15.
Whaaaaaat? Nov 12, 2004, 11:51
Nov 12, 2004, 11:51
 
You've gotta be kidding... What next, is Marvel going to sue a fluffy white cloud because they think it looks like Captain America??

m19

Avatar 11406
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Marvel Online
Nov 12, 2004, 11:57
16.
Marvel Online Nov 12, 2004, 11:57
Nov 12, 2004, 11:57
 
the Marvel game is in development. Surely CoH won't hurt their sales unless...

... their game is a bit rubbish?

17.
 
No subject
Nov 12, 2004, 12:05
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No subject Nov 12, 2004, 12:05
Nov 12, 2004, 12:05
 
IIRC, this isn't the first time Marvel has done this. They might was well sue 3DSMax makers since people can make Hulk and Wolverine characters there as well. Hell might as well sue the paper and pencil companies since people can draw their own Hulk and Wolverine comics, too.

They asked Polycount last year I believe to remove all Marvel Comic based models from the site.

So now they are just going after actual games. They may as well go after Freedom Force as well because the main character in that game is a hell of a lot like Captain America.

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No subject
Nov 12, 2004, 12:11
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No subject Nov 12, 2004, 12:11
Nov 12, 2004, 12:11
 
Just wait for the lawsuit against underpants that can be worn on the outside.

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Re: No subject
Nov 12, 2004, 12:51
19.
Re: No subject Nov 12, 2004, 12:51
Nov 12, 2004, 12:51
 
They already went after people who were making Marvel skins for Freedom Force.

20.
 
The Effeminate Hulk
Nov 12, 2004, 13:00
20.
The Effeminate Hulk Nov 12, 2004, 13:00
Nov 12, 2004, 13:00
 
to be fair though, I play COH and I do see marvel characters abused quite a bit.

a few months back, I encountered a character named "The Effeminate Hulk" and it was a perfect likeness of the Hulk, with the exception of a large pink tank top with a heart on it.

but yeah, why not sue the player, not the company. surely other MMOs with lots of avatar customization options have had players that have done the same thing,

as if copying someone elses work is a new thing.

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