Interesting Read - The Copyright Claim against NCSoft

[Baaleos]

I was just reading the court documents.
The motion to dismiss the claim from NCSoft's lawyers has a really good conclusion.

https://www.eff.org/files/filenode/Marvel_v_NCSoft/ncsoft_motion_to_dismiss_2nd.pdf

'If it is to be banned, then so should the #2 pencil, the Lego block, modeling clay, and anything else that allows one to give form to ideas.'

[ukaserex]

Yes, it is interesting. Thanks for making it available.

I have to confess - when I first started playing the game, it never occurred to me that I should avoid making Marvel or DC characters. In fact, I did try to make my first avatar resemble the adult Peter Parker, sans glasses. And, my characters name was indeed a reference to the password Dr. Doom used with Ultron 5 in the Secret Wars comic books. (a very excellent series, I'd say)

And - it never occurred to me Marvel would sue. I thought that seeing a Thor or a Hulk would be like an homage to them, a show of respect and appreciation. I know they wanted to protect their IP, but seriously? A 14 year old kid lets his limited imagination get the best of him and Marvel sues? That's just cheesy and petty.

I still need to finish reading the document, but thus far, the opening argument makes Marvel look bad.

[Talon Blue]

I did blatantly make Lenneth from Valkyrie Profile as a Dual Blades/Willpower Scrapper and I had an alternate costume for my main Claws/SR Scrapper a copy of Felicia Hardy's Black Cat costume.

[Floride]

Marvel had no real case against NCSoft because NCSoft was protected by the DMCA which designated NCSoft as an ISP; NCSoft only provided software to users and servers for the software use. The court came dangerously close to determining it was the Users who were guilty of using NCSoft's software to commit the infringements. They settled out of court before that happened to prevent this case from becoming an PR catastrophe on both sides - Marvel targeting it's fans for infringement and NCSoft having to hand over player info to Marvel for prosecution purposes.

I've state my theory before that the "undisclosed terms" could have included NCSoft shutting down CoH upon Marvel announcing the release of it's own MMO. It would explain a lot. NCSoft might not legally be allowed to sell CoH as per the "undisclosed terms".

And as usual I'll end with my standard disclaimer: IMHO.

PS- reading about how the judge tossed out Marvel's screenshots because it was Marvel themselves creating the copyrighted characters in-game makes me laugh so hard my eyes water.

[Tubbius]

Halfway in, and, MAN, that's enough legalese for this double English major.

Statesman looks just like Captain America because of a single star on his chest?  Riiiiight. . . .

[Joshex]

Impersonation is the highest form of flattery.

guess they never heard that one.

I've state my theory before that the "undisclosed terms" could have included NCSoft shutting down CoH upon Marvel announcing the release of it's own MMO.

maybe, but that's a very one sided deal with Marvel being the victor.

NCSoft might not legally be allowed to sell CoH as per the "undisclosed terms".

impossible. if NCSoft agreed to that then they have the worst legal advisers in history. they proved in court that there were no actual cases of encroachment on IPs done by NCSoft or the game's devs. meaning that NCSoft still wholly owns the game and thus the rights to sell as they please.

Only thing they don't own is the engine to run the game. that is still owned by cryptic studios. and I believe I've said it before but that is where the real dragons may be. technically the engine is part of the game, so any negotiations for the IP and server image may need cryptic/PWE approval.

[Ironwolf]

You aren't getting it - Marvel MUST challenge anyone who duplicates or tries to duplicate its IP or they run the risk or abandoning it.

If they don't send a C&D letter saying stop it, then it opens a door to others taking liberties. Marvel was not the bad guy - they just said basically if you see a character that looks like one of our clones - please generic it - NCSoft said ok - seems fair.

[Azrael]

I guess they can quietly ask a company to 'generic' 'their' (heh) IP.  Who wants to be 'Iron Man' or 'Hulk' or 'Spider Man' anyhow?  Be your own 'man.'  And the vast majority of CoH fans did.  So 'nur-ne-nur-nur!' to Marvel.

I was just reading the court documents.
The motion to dismiss the claim from NCSoft's lawyers has a really good conclusion.

https://www.eff.org/files/filenode/Marvel_v_NCSoft/ncsoft_motion_to_dismiss_2nd.pdf

'If it is to be banned, then so should the #2 pencil, the Lego block, modeling clay, and anything else that allows one to give form to ideas.'

Indeed.  Marvel with 'teh' corporate over reach.  Laughable.  What they going to do?  Sue their customers for 'loving homage' to their fan favourites?  At best it's satire in context of CoH.

They going to sue people for wax crayons and the inside blank space of cereal packets?

Best thing.  Boycott all things Marvel.  Disney and Marvel deserve one another.

The Jack Kirby 'rebels' of the 1960s set against paranoia of all things radiation and the mushroom cloud have become sunkist seaside posers under their corporate overlords with retconned cynicism.  Empty.  Thin.  Hollow.  With nothing left to say.  That's usually when people start to sue.  When they don't have a creative and qualitative answer in the marketplace.

Azrael.

PS.

Statesman looks just like Captain America because of a single star on his chest?  Riiiiight. . . .

Aye.  'We own superheroes...comics...all variations of mythology (which our own superheroes are based on) and anything remotely similar.  We own the copyright on stars...patriotism, we own the English language, semantics, all creative thought...inspirational, influential and otherwise...etc.' /S.

Statesman.  A 'Cap meets Superman' derivative.  So what?  It's not a carbon copy.  It's influenced as is most of the 'thinly veiled' CoH ip from fans who made the CoH game who probably played the Champions RPG (whose IP was probably thinly veiled influence from the 'Big Two' comics companies.)  Marvel.  Puh-lease.  How precious.

Not withstanding their treatment of Jack Kirby...

Look at Thor?  Based upon mythology.  Hulk?  Thinly veiled Boris Karloff Frankenstein.  Fantastic Four.  Challengers of the Unknown.  4 thousand plus characters which are all 'dilute orange' variations of Superman anyhow.

How'd we get Batman?  Bob Kane traced over Superman and 'variations' on a theme.  Who is Superman?  He's just Hercules.  A circus strong man with a cape.

It's not like CoH players were charging money for their clumsy Wolverine+ or - attempts. 

But the court case itself was an ominous portent of where corporate overreach is going regarding Creative & Intellectual Thought.

[Brigadine]

Honestly everything copies something in some way... almost never with the person doing the copying knowing they are copying.

[Baaleos]

Unfortunately, even Derived works (copies of copies of copies etc) can be claimed to be infringement.

Its a corporate/capitalist world.
If you are seen to be making money of someone elses idea, or an idea that was derived from their idea, then the automatic answer is 'Sue'.

I wouldn't boycott all things Marvel. While I think their lawsuit was an overreach - they provide Marvel Heroes online game, which gives me a passing sense of happiness, to cope with CoH withdrawl.
Plus I like Marvel Agents of Shield and the Avengers movies.

[Tribunus]

Well, Tribunus in all his glory was just an homage to Centurion of the Mutants and Masterminds who is an homage to Superman. When the ITF came out and I got Roman armor, Trib looked just like Centrurion. I sent a screenshot to Steve Kenson and he thought it was awesome. For whatever that's worth.