 Marvel Comics sues City of Heroes |
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 Nov 19 2004, 07:39 PM
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#1
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Old Man Jones  Group: Dumpshocked Posts: 4,415 Joined: 26-February 02 From: New York Member No.: 1,699  |
Hi! I couldn't find any reference to this searching here, so...
I know a number of folks here play City of Heroes and quite enjoy it, and I thought you'd all like to know about this, if you didn't already. The makers of CoH, NC Soft and Cryptic Studios, are being sued by Marvel Entertainment for multiple counts of copyright and trademark violations.This was a few days ago, and without further information it was unclear how serious and far-reaching this suit was. Potentially very serious, as Marvel winning could seriously affect EVERY computer and other game that features customizable avatars. Now the actual case filing has been made available:Read it. Laugh your ass off. -karma |
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Nov 19 2004, 08:13 PM
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#2
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Chicago Survivor Group: Dumpshocked Posts: 5,079 Joined: 28-January 04 From: Canton, GA Member No.: 6,033 |
Then Marvel an every other company with a registered trademark logo needs to sue every graphics program on the market. Because you can recreate any of their stuff on the software, thus "damaging" the Marvel name.
It sounds like Marvel was going to do a similair game but got beaten to market by CoH and is sueing to recover damages. It's rediculous. Though I find it funny, the exact mechanism that allows these companies to shut down out of game trades on things like Ebay is providing Marvel this opportunity to frythem. That is, the players neither own the characters and items nor do they share any rights to them in fair use cases. The players are shielded. (though it is silly that they didn't code more carfully to protect themselves.) |
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Nov 19 2004, 08:39 PM
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#3
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Great Dragon Group: Members Posts: 5,889 Joined: 3-August 03 From: A CPI rank 1 country Member No.: 5,222 |
...
...What Nikoli said. |
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Nov 19 2004, 08:42 PM
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#4
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Chicago Survivor Group: Dumpshocked Posts: 5,079 Joined: 28-January 04 From: Canton, GA Member No.: 6,033 |
This smacks of how TSR publically decried the various live action RPG's that were coming out, NERO, SOLAR, etc. because when you get down to it, they were beaten to market and would now look like they were cashing in and not innovating.
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Nov 19 2004, 08:57 PM
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#5
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Moving Target Group: Members Posts: 214 Joined: 7-January 03 From: Wilton NH Member No.: 3,872 |
Both TSR and Marvel are/were notorious for lawsuits like this.
I'm not surprised at all. |
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Nov 19 2004, 09:02 PM
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#6
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Chicago Survivor Group: Dumpshocked Posts: 5,079 Joined: 28-January 04 From: Canton, GA Member No.: 6,033 |
Well, Marvel does have the right to be protective of it's images as Comic Book heroes are a hot media commodity. To me, this is like if The Tolkeen Family sued Verant or Vivendi for infringement. It just shouldn't happen.Besides, all CoH has to do is prove that the characters are at least 10% different in any conceivable case brought up by Marvel and the Trademark issue goes out the door.
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Nov 19 2004, 10:01 PM
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#7
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Old Man Jones Group: Dumpshocked Posts: 4,415 Joined: 26-February 02 From: New York Member No.: 1,699 |
Reading from the suit...
Marvel alleges that the red, white, and blue patriotic hero Statesman is a rip-off of Captain America. They even go so far as to mention Statesman's shield. Statesman doesn't use a shield. He also flies and can punch through a space battleship like a bullet through butter. Did these yabos even do anything except look at the game box? -karma |
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Nov 19 2004, 10:21 PM
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#8
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Moving Target Group: Members Posts: 858 Joined: 25-August 03 From: Braunschweig, North German League, Allied German States Member No.: 5,537 |
Hm, there is a another hero published more than a year before Captain America who wears a stars-and-stripes-type costume - The Shield... |
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Nov 20 2004, 12:14 AM
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#9
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Moving Target Group: Members Posts: 803 Joined: 16-March 02 From: The Great White North Member No.: 2,386 |
Rip-off, hmm? Is that a "legal" term? :| Go figure, an American "superhero" wearing red white and blue? And a star too?! *gasps* Statesman's helmet doesn't even really look like Magneto's. And what's with all the "quotations," anyway? Grr. I have a lot of words to describe this "lawsuit," unfortunately I can't use any of them here. |
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Nov 20 2004, 12:21 AM
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#10
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Immortal Elf Group: Validating Posts: 7,999 Joined: 26-February 02 Member No.: 1,890 |
I so fucking hate lawyers.
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Nov 20 2004, 12:24 AM
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#11
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Moving Target Group: Members Posts: 803 Joined: 16-March 02 From: The Great White North Member No.: 2,386 |
.... *looks up* What he said. :grinbig: |
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Nov 20 2004, 12:26 AM
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#12
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Beetle Eater Group: Dumpshocked Posts: 4,797 Joined: 3-June 02 From: Oblivion City Member No.: 2,826 |
I love them. We need more. Challenge everything.
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Nov 20 2004, 01:33 AM
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#13
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Immoral Elf Group: Members Posts: 15,247 Joined: 29-March 02 From: Grimy Pete's Bar & Laundromat Member No.: 2,486 |
Big Deal. Marvel will lose (probably before reaching court) ... CoH will sell more product from the 'free' exposure ... Marvel will sell more product from the 'free' exposure ... Their respective lawyer's fees are negligable, because they already have attorneys on retainer, and this is more than likely going to just be a 'paper case'. Nobody loses.
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Nov 20 2004, 02:27 AM
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#14
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Canon Companion Group: Members Posts: 8,021 Joined: 2-March 03 From: The Morgue, Singapore LTG Member No.: 4,187 |
Why doesn't Marvel sue DC? I mean Superman(Red, White and Blue too).
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Nov 20 2004, 02:51 AM
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#15
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Immortal Elf Group: Validating Posts: 7,999 Joined: 26-February 02 Member No.: 1,890 |
...and he does believe in truth, justice, and the American way. While they're at it, they should sue the United States and their use of that Uncle Sam character -- talk about a total rip-off.
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Nov 20 2004, 04:13 AM
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#16
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Shooting Target Group: Members Posts: 1,840 Joined: 24-July 02 From: Lubbock, TX Member No.: 3,024 |
What about Minuteman, from Freedom Force. Talk about being almost Captain America...
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Nov 21 2004, 06:26 PM
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#17
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Project Terminus: Soul Hunters Group: Members Posts: 1,052 Joined: 6-November 03 From: Casselberry, Florida U.S.A. Member No.: 5,798 |
Marvel would lose that case seeing as Superman is the longest running comic book in history. No judge would say DC had to pay damages when their character was around before Marvels. |
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Nov 21 2004, 06:36 PM
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#18
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Immortal Elf Group: Validating Posts: 7,999 Joined: 26-February 02 Member No.: 1,890 |
Gosh. Really? I'm sure toturi had no idea. Next thing you know, you'll be telling me Uncle Sam was around long before Marvel, too. Shyeah, right!
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Nov 22 2004, 02:09 AM
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#19
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Manus Celer Dei Group: Dumpshocked Posts: 17,008 Joined: 30-December 02 From: Boston Member No.: 3,802 |
Didn't you know? Marvel invented those colours.
~J |
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Nov 22 2004, 02:12 AM
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#20
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Canon Companion Group: Members Posts: 8,021 Joined: 2-March 03 From: The Morgue, Singapore LTG Member No.: 4,187 |
Can Marvel sue France then?
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Nov 22 2004, 06:59 AM
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#21
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Immortal Elf Group: Validating Posts: 7,999 Joined: 26-February 02 Member No.: 1,890 |
"SURRENDER?!?! DO YOU THINK THIS LETTER ON MY HEAD STANDS FOR FRANCE?!"
(Sorry... lame Captain American via the Ultimates flashback...) |
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Nov 22 2004, 09:43 AM
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#22
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Running Target Group: Members Posts: 1,133 Joined: 3-October 04 Member No.: 6,722 |
They didn't sue the Freedom Force guys, but they DID threaten lawsuits against anyone who put Marvel character skins on their websites. Folks, the guys a NCSoft have been expecting this. It won't come to anything for one simple reason - part of the ToS for CoH (heh) is that you DON'T use trademarked or copyrighted character names or images. Many of the names, in fact, are on a special list that automatically prohibits usage. Specifically, remember it is the use of the name and the image together that could potentially cause copyright infringment - one without the other is not so much of an issue except in certain obvious (Spiderman, Batman, Superman) circumstances. Now, anyone who plays CoH knows that there are plenty of people who don't pay attention to that part of the ToS. I've lost count of how many Wolveryne, Wulverine, Wolveriine and other clones I've seen on there, and let's not even address the Punisher and Hulk issues. But sometimes the more blatant copies do get banned. I've also lost count of the number of whiny threads on the CoH boards saying "I got banned just cos I'm playing the Punsher (sic) in my black costume with the white skull! It's so unfair!" NCSoft have specifically banned copyright infringements from the game. I think even Marvel - moral successors to They Sue Regularly™ - will have trouble winning this one. Oh, one last thing - the real reason for the lawsuit? Five gets you ten it's because Marvel's own online MMORPG is getting close to testing. |
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Nov 22 2004, 07:11 PM
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#23
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Moving Target Group: Members Posts: 109 Joined: 29-March 03 From: Tir Tarngiere Member No.: 4,353 |
IIRC, Marvel's MMORPG got canned... |
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Nov 22 2004, 09:29 PM
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#24
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Running Target Group: Members Posts: 1,133 Joined: 3-October 04 Member No.: 6,722 |
Did it really? I hadn't heard. Hmm, maybe they figure to make some money out of this MMORPG thing somehow ;)
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Nov 22 2004, 09:40 PM
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#25
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Chicago Survivor Group: Dumpshocked Posts: 5,079 Joined: 28-January 04 From: Canton, GA Member No.: 6,033 |
as I said before, they go to market now and they aren't innovators. So I can see where the exec. are miffed about his. Though because of the ToS, teh judge should throw it out as Marvel logged in expressly to recreate their trademarks.
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