Marvel Sues City of Heroes

tba

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.

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This is terrible, a company makes a great character creation component and then gets blasted when the end users make a copy of copyrighted material.

Its akin to sueing xerox because people copy books with their machines.

Pigman II

I've never even played/heard-of that game but I have to agree with you on that one! They'll probably be suing crayola next because their products give kids the ability to draw characters too similiar to the ones in their comic books. :rolleyes:

][cEMAN**

Think Marvel are doing this to eliminate the competition. There has been word about them bringing out their own MMORPG for the last couple of years. Maybe they just want to clear the way so theirs will be more successfull.

Ivan

Bit of a low blow, if you ask me.

Whats next?

Hobbes

I've saw a few weeks ago an influx of low level marvel type characters.

The Hunk - Looked exactly like the hulk.
Marvel Girl - Didn't look anything like her.
Wolfie - Looked a bit like wolverine.
Spidey - Looked like spiderman but there is no web slinging or wall crawling.

Someone also created a "Soups", superman clone but that was in memory of Christopher Reeves.

As far as I know the EULA forbids the use of copyrighted superheros in your generation (gets you banned) and they have all the famous names locked off from being used.

It would be intresting to see if Marvel created the players themselves, if so they were breaking the EULA.

I see Marvel are suing bic as well.
http://www.bbspot.com/News/2004/11/marvel_sues.html

Ivan

Well surely if the EULA stipulates that its against their wishes to reproduce copy-righted material, then NCsoft & Cryptic Studios Inc's hands are clean?

(Just noticed ALT+S is the shortcut key for "Post Quick Reply". Damn that IS Fast)

][cEMAN**

So the advertised unlimited options for creating your character ARE limited, that you can't create a big green powerhouse with purple trousers? Or an all ice character (iceman) or a rough looking guy with a bit TOO much hair and claws (afaik claw characters are very common in the game?). Sounds rediculous.

But i'd say the claw thing alone is enough to saw it's a rip off from either wolverine, or any of the weapon X characters who had claws attached. It's hard to try to create a comic these days that DOESN'T look anything like a MARVEL character because they've covered all the bases with their multitudes of titles (a lot of which were just 1 offs that went nowhere, but could still be refered to).

mayordenis

it's one of my favourite games i play it alot, and to be honest there is no way that marvel (who were one of my most loved companies) can win , i mean its a character creation tool for f00k sake

LoLth

then I guess all the PnP roleplaying games producers are in for it. I remember playing a superhero character identical to cyclops and another that was the spitting image of wolverine (younger days) oh, and the punisher!! man, I'm in deep sh*t for copyright.

koneko

Do they still actively remove characters that are carbon copies of Superman, Hulk, etc? They used to.

Sounds to me like Marvel are indeed just clearing the path for their own game. They'll start sending out Cease and Desist orders to players with carbon copy characters.

I saw a Charcoal Hulk the other day. Exaclty like the hulk, except he was black.

][cEMAN**

But that's essentially the hulk - or the hulk as he started out. He was originally grey. Fixit (a personality of the hulk) is also grey.

Hobbes

' wrote:

[cEMAN**'](afaik claw characters are very common in the game?). Sounds rediculous.

Not that common. Spine/regen scappers is another story.

But i'd say the claw thing alone is enough to saw it's a rip off from either wolverine,

I disagree. The super hero can have claws through any reason the player sees fit (skeleton, skin, transdimensional claws, etc). There is a serious suspension of belief when it comes to players.

For example the other day I had a bikini clad girl called 'Britney Spears' welding a samuari sword and the first thing I thought was 'Where the hell does she keep it?'.

Of course it will come back to bite them. Lets say this is the alternate universe where Marvel actually win. Now after they have won and NCSoft remove the ability to create copyrighted characters then any other characters made by Mavel it will be up to them to check they haven't infringed on any character created in COH which is the property of NCSoft.

Add to that if Marvel release their MMORPG and have a character in it created which mimics a COH hero then NCSoft can sue their asses.

Ivan

To be totally honest, I really dont like the precedent this could set.
Could start a very long list of law suits, a domino affect, if you will.

][cEMAN**

Marvel aren't new to the courtroom. Look at the last 10 years...

Ivan

' wrote:

[cEMAN**']Marvel aren't new to the courtroom. Look at the last 10 years...

I'm not really sure what you mean by that, however its not marvel I'm afraid of. Its what will happen if they win this case.

Will Britney Spears be able to sue NCsoft, because as Hobbes said, there is a character with her likeness?

Do we head into the Judge Dredd universe where you can copyright your "likeness".
Is it so illogical to assume that should Marvel be able to claim damages because NCsoft facilitate the ability to replicate their characters, when it in no way affects them, their products or any sales thereof, that others in the same position as Marvel, might not follow down the same road?

A sobering thought.

LoLth

the lawsuit is a load of crap and I really, really hope it gets squashed. Otherwise every online fantasy game will be sued for having conan clones, or drizzt clones or how about suing people for using the image of a knight?

Lets start filing lawsuits agianst boards because someone here is using a Marvel nick (me looks at Iceman)... oh hold on, it only "looks" vaguely like iceman. Didnt stop microsoft and Lindows mind!

hope ncsoft release a set of evil x-men etc that we can all beat the living snot out of

Venom

LoLth wrote:

Lets start filing lawsuits agianst boards because someone here is using a Marvel nick (me looks at Iceman)... oh hold on, it only "looks" vaguely like iceman. Didnt stop microsoft and Lindows mind!QUOTE]

Dont even joke about that ****

][cEMAN**

That's using a name to sell a product or advertise. Use of a nickname like this is hardly an infringement of copywrite as that's like saying that you have to pay MARVEL 5$ every time you say the name of their character while talking to a friend.

Cows With Guns

Totally with marvel on this one, they've every right. I just hope they find a reason to sue the neocron boys next, they deserve it.

Ivan

Um, are you a troll?
Thats ridiculous, they can hardly be held responsible for what other people do with the engine they've created. They actively discourage the use of copyrighted material, what more can be expected of them?

Ban people who use the name Wolfie and resemble the Marvel character Wolverine?
*sigh*
Dont answer that.

Smellyirishman

Havent read the whole thread, but here goes.

Cryptic cannot be done for this as it is the user that creats the toons and in the opening EULA which you agree to EVERY time you log onto COH it says you cannot recreate any trademark heroes.

Next thing, is trademarks, Marvel heroes are trademarks NOT copyrights, this means that marvel must seek some sort of legal action or they they face losing the trademark.

Before I realised the second half, I thought marvel were a pack of bastards! if the latter is true (whihc apperantly it is) then I am OK with it, if it is not true then I think marvel should be ashamed at taking a stab at guys promoting there industry.

Anyway, there is no way in hell cryptic will be sued for this, although it is going through american court.

[EDIT] Yeay, issue #3 already!!! Now only another 9 lvls to go for my Epic AT!!! at least I get some epic power pools till then

Shame they had to change the 5th to the council due to the stupid german denial scheme