Cryptic Studios Responds To Marvel Suit
The website of City of Heroes developer Cryptic Studios has been updated with this statement regarding the Marvel lawsuit over the game: "The complaint is meritless. Cryptic Studios is confident that the District Court will reject all of Marvel's claims and fully vindicate Cryptic Studios in all respects".
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b00g
replyHell yeah man, now that is what I like to read!
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I doubt it. NCSoft/Cryptic is gonna lose this battle, imho.
Wolverine is all the ammo they need. For a character, a guy who has metallic blades which spring forth from his hands is a ver specific trait. In CoH, the animation used for the extension of the blades is exactly the same as Wolverines. Additionally, the stance of a CoH Wolverine clone is exactly the same stance Wolverine has.
And yes, things like this matter. The lawyers will argue points laymen may think unimportant or not applicable.-
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You're choosing to ignore the fact that these traits cant be taken seperately. They'll be considered as a whole. Combine the visual appearance, the animations, the claws -- its all very specific -- and NCSoft looks like its on the short end of the stick.
Here are some nice images for ya:
http://games.eof.net/ashke/pictures/coh/copies/page_01.htm-
I've seen those images and plenty more online. The truth is that Cryptic/NCSoft does quite a bit to provent this. Every time you login, you accept an agreement basically saying you won't make "Wolvie". That is there for their protection. They regularly remove these characters and accounts get penalized for this. Still, people make them. And really, who wouldn't. Do you honestly think "Teh W00lv3rine" is an accurate representation of the real thing? A representation that's condoned by Marvel, NCSoft and Cryptic? No, you don't.
Why can't they be taken spearately? Isn't the combination of separate parts what makes a whole? Is it possible to make completely new and different characters that may have something similar to one or more portions of a trademark character's powerset or costume? Absolutely.
If you feel that it's okay to restrict creativity in the name of trademarks, so be it. Ban pencils and paper while you're at it so that kids can not draw Spiderman. Afterall, if it's not put out by Marvel, then it's a violation of their trademark. Also, if you airbrush Spidey on a t-shirt for a kid at the mall, that's against the law too. Be prepared for the big bad lawyers to sue you off the face of the earth.
It's already accepted that this was not done by Marvel solely for malicious intent. They have to do it to protect their trademark. If it has any fringe benefits, so be it.
Open up your mind a little. It'll help in more ways than one. (Yes, I'm trying to be sincere)-
Still, people make them. And really, who wouldn't.
Exactly. Look up the requirements for contibutory copyright infringement.
Why can't they be taken spearately?
Because the courts wont look at them in this manner.
If you feel that it's okay to restrict creativity in the name of trademarks, so be it.
This case is about copyrights, not trademarks.
Open up your mind a little. It'll help in more ways than one. (Yes, I'm trying to be sincere)
My statments have nothing to do with my feelings on the issue. They have to do with the law. I suggest you read about copyright infringement and some of the case law dealing with it.
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Exactly. Look up the requirements for contibutory copyright infringement. - Cryptic has already shown and proven (check my earlier post) that they do everything in their power to remove and prevent this behavior of individuals.
Because the courts wont look at them in this manner. - how can you be so sure how the courts would look at this? Even the *expert* quoted in the story isn't so sure. What are you basing this on?
This case is about copyrights, not trademarks. - Well...
Is it Trademark or Copyright? The article states infringing on trademark and an outside anlyst states Copyright. So, which is it? It's possible it's both. Frankly, it's hard to tell everything on the web points to the USA Today article via Associated Press.
http://biz.yahoo.com/ap/041111/superhero_lawsuit_2.html
Unfortunately, there are no announcements in the Marvel press or invsetor area that states any of this. If this is just due process, then I doubt they would. The majority of articles I've seen on this state that it's just typical trademark protection and nothing more.-
Its a copyright suit. The article shouldnt have refered to trademark characters because of this exact confusion.
As for law school, yes, I went to law school at the University of Florida, but no, I am not a practicing attorney.
In reality, this case wont be as cut and dried as I've made it out to be. A lot will depend on the lawyers and the venue.-
For what it's worth, I have a character that has claws (I made some some 20+ years ago) that I took some screenshots of. They don't come out like Wolvie, but his body movents make it seem like it. It's as simple as there's nothing then they're there.
I have to run out for a bit, but I'll put them up later.
Cheers
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What does this have to do with CoH's implementation?
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I believe what he is referring to (and you could add a variety of character design costumes to this as well - yes I could be way off) is that there are plenty of variations. So should all possible combinations of the variations of claws and/or costume designs be struck from the options to make a character? For example, no green skinned tankers can wear purple pants. No grey/brownish skinned tankers can use... well, any pants. I mean the Grey Hulk did wear many different pants.
Is this what you were getting at, rorshack?-
But its hardly relevant to the argument. The bottom line is Cryptic made it possible for its audience to create a superhero that has 3 blades which extrend and retract from that superhero's hands. Additionally, they made it possible to nearly replicate Wolverines costume. For other superheroes, its possible to get exact matches.
Here is a great link about copyrights and fair use. I believe, after you read it, you'll agree that NCSoft/Cryptic have their work cut out for them.
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/index.html
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