MARVEL SUES NCSOFT, CRYPTIC STUDIOS OVER

[EdwardKnoxII 0]

http://www.comixfan.com/xfan/forums/showthread.php?t=31164

 

The Associated Press reports that Marvel Enterprises Inc. is suing two firms behind a computer superhero role-playing game, claiming the game allows players to make virtual characters that are too similar to The Hulk, X-Men and other Marvel heroes.

 

Marvel filed a lawsuit against South Korea-based NCSoft Corp and San Jose-based Cryptic Studios Inc. for violating Marvel's trademark characters in the game City of Heroes. The suit was filed on Wednesday in U.S. District Court. Marvel is seeking unspecified damages and an injunction against the two companies to stop using its characters.

 

The City of Heroes computer game enables players to design superheroes' look and abilities and then battle against other players' characters in a virtual city. As a massive multiplayer role-playing game that can have thousands of players playing simultaneously, City of Heroes claims to offer a myriad of combinations so no two players' characters are exactly the same.

 

Marvel argues that the game's character creation engine easily allows players to design characters that are virtual copies of Marvel characters. In the suit Marvel 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 Wolverine. Marvel also took issue with the ability of players 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. 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.

 

The AP commented on the legal arguments of each side. The 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 Napster successfully argued that Napster was liable for its customers' sharing of music online because they could do so only by accessing the company's computer system.

 

The makers of City of Heroes can still argue that the game 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."

[Guest Smell the ratings!!!]

hey it only took them 6 years to notice City of Heroes. Way to stay on your toes Marvel.

[bobobrazil1984 0]

When's Marvel's MMORPG coming out? Hopefully they get a good company to make it. a well done Marvel U game would be tops.

[Ted the Poster 0]

I think this makes Marvel look like a bunch of dicks. You don't see DC or Dark Horse filing anything. Besides, CoH isn't even that good.