Marvel Sues NCSoft/Cryptic Studios over City of Heroes
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Marvel Sues NCSoft/Cryptic Studios over City of Heroes
From the AP
My gut reaction is that Marvel has a shit case to stand on and theyre hoping that they can make a quick buck - that Cryptic will roll over and give up (lessening competition for their future MMORPG they're doing with Vivendi).
It should be intresting to see how this plays out.
LOS ANGELES (AP) - Marvel Enterprises Inc. is suing two firms behind a computer superhero role-playing game it claims allows players to make virtual characters that are too similar to ``The Hulk,'' ``X-Men'' and other heroes in the comic book company's stable.
The lawsuit claims South Korea-based NCSoft Corp. and San Jose-based Cryptic Studios Inc. 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.''
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.
Marvel also claims the companies have disrupted its ``existing and future'' business prospects for licensing its characters in video games similar to ``City of Heroes.''
An e-mail sent to NCSoft seeking comment was not immediately returned after-hours Thursday. No number was listed for Cryptic Studios.
The Marvel lawsuit appears to be the first to raise this question in the scope of an online game. But early copyright infringement lawsuits brought by recording companies against pioneer file-sharing service Napster successfully argued Napster was liable for its customers' sharing of music online because they could do so only by accessing the company's computer system.
The argument can still be made that ``City of Heroes'' is only empowering users to the same degree that an establishment like Kinkos enables customers to make paper copies of copyrighted material, said Fred von Lohmann, senior intellectual property attorney with the Electronic Frontier Foundation.
``Is it a violation of copyright to make up a character in the virtual world or is that fair use?'' von Lohmann said. ``This is really untested ground in the courts.''
The lawsuit claims South Korea-based NCSoft Corp. and San Jose-based Cryptic Studios Inc. 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.''
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.
Marvel also claims the companies have disrupted its ``existing and future'' business prospects for licensing its characters in video games similar to ``City of Heroes.''
An e-mail sent to NCSoft seeking comment was not immediately returned after-hours Thursday. No number was listed for Cryptic Studios.
The Marvel lawsuit appears to be the first to raise this question in the scope of an online game. But early copyright infringement lawsuits brought by recording companies against pioneer file-sharing service Napster successfully argued Napster was liable for its customers' sharing of music online because they could do so only by accessing the company's computer system.
The argument can still be made that ``City of Heroes'' is only empowering users to the same degree that an establishment like Kinkos enables customers to make paper copies of copyrighted material, said Fred von Lohmann, senior intellectual property attorney with the Electronic Frontier Foundation.
``Is it a violation of copyright to make up a character in the virtual world or is that fair use?'' von Lohmann said. ``This is really untested ground in the courts.''
It should be intresting to see how this plays out.
#2
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That's sad. Losing respect for Marvel...
They may as well sue ANY game that lets you make your own characters. I know I was able to make Captain America, the Hulk, Spider-man and Wolverine for my "Here Comes The Pain" wrestling game.
They may as well sue ANY game that lets you make your own characters. I know I was able to make Captain America, the Hulk, Spider-man and Wolverine for my "Here Comes The Pain" wrestling game.
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I certainly think it's reasonable to argue that if it is easy to "recreate" the particular look and feel of their copyrighted superheroes, it would reduce the value of their license, since it would not force people to buy a Marvel game.
#5
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Marvel is such a pathetic shell of their former greatness. They can't give away their comics and the superhero movie thing will eventually run its course. This is such a silly lawsuit and shows the desperation they are at to make a buck.
Marvel, if your new game that is coming out is good people will buy it. This game will not impact your sales unless the new Vivendi game is garbage.
Marvel, if your new game that is coming out is good people will buy it. This game will not impact your sales unless the new Vivendi game is garbage.
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Hey i have Final Fantasy XI and i can make A character that resembles a Human Female but that may change soon as i hear God is suing Square/enix for the likeness since he created the human female
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This reminds me ofthe file swapping lawsuits.
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Originally posted by Duran
I certainly think it's reasonable to argue that if it is easy to "recreate" the particular look and feel of their copyrighted superheroes, it would reduce the value of their license, since it would not force people to buy a Marvel game.
I certainly think it's reasonable to argue that if it is easy to "recreate" the particular look and feel of their copyrighted superheroes, it would reduce the value of their license, since it would not force people to buy a Marvel game.
People still bought xmen legends.
I think it's beyond frivolous and will only end up hurting the consumer while lining the corporation's pockets.
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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.
Sorry, "Spider-Man" is property of Marvel Comics. Please choose a different name.
Enter a name for your hero: $p!d3rm@n69
Welcome to City of Heroes, $p!d3rm@n69!
Last edited by Breakfast with Girls; 11-12-04 at 11:39 PM.