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SunWuKong
02-11-2005, 07:23 PM
http://www.gamespot.com/pc/rpg/cityofheroes/news_6113055.html

Marvel sues NCsoft over City of Heroes

Legendary comic book company slaps Korean publisher and development studio with copyright-infringement suit.

When you hear the words "comic books," two companies spring to mind: DC and Marvel. Despite having a checkered history--even declaring bankruptcy in the late 1990s--Marvel has become a financial powerhouse in the 21st century. The company's newfound success is mainly due to its immensely successful licensing operations. Spider-Man--Marvel's top property--spawned two of the biggest blockbuster films of all time, and the similarly popular X-Men was the basis for a pair of hit films as well.

For an even longer time, Marvel properties have been the basis for successful video games. Activision and Treyarch's Spider-Man 2 was the best-selling game in America in June, and the multiplatform title remains a presence on the charts. X-Men Legends received solid reviews, although its success on the charts has yet to be determined.

Given the tens of millions of dollars flowing into Marvel's coffers from its licensing arrangements, it should come as no surprise that it would defend said deals zealously. Perhaps overzealously, since, according to the Associated Press, Marvel is suing publisher NCsoft and developer Cryptic Studios for copyright infringement.

The subject of the legal action is City of Heroes, NCsoft and Cryptic's massively multiplayer online role-playing game. Marvel is claiming that the character customization functionality in City of Heroes allows players to create superheroes that closely resemble trademarked Marvel characters. According to the AP, Marvel singled out a "mutant-based" clone of X-Men member Wolverine and "a gigantic, green, 'science-based tanker'-type hero that moves and behaves nearly identically" to the Hulk.

Of course, the suit didn't mention the retinue of original, often crazy superheroes that players can create in City of Heroes, such as: the Defender, named after former Surgeon General C. Everett Koop, who resembles a cross of Captain America and a bondage S&M fetishist; the Defender "Fruity Samurai," who sported Japanese-style armor and a giant yellow heart on his chest; and the feared Due Process (pictured), "a lawyer on steroids."

If the suit makes it to court and Marvel wins, it could potentially be very bad news for the game industry. According to the Associated Press, this is the first time a game company has been sued over player-created, in-game content. If Marvel wins, it may set a legal precedent that could hold developers and publishers responsible for player-created content, which could lead to a drastic reduction of creative in-game options for gamers.

However, some industry watchers have hinted that Marvel may have an ulterior motive for the suit, since it is rumored that as part of the company's efforts to increase its presence in the games arena, it is planning a superhero MMORPG of its own. However, Marvel reps could not be reached for comment as of press time.

By Tor Thorsen, GameSpot POSTED: 11/12/04 03:55 PM

ism
02-11-2005, 09:31 PM
Dumb lawsuit. As much as Stan Lee loves the idea of the mutant, not having to come up with a unique explanation for a character's powers, it's just simply lame, and the race analogy is both poor and tired. Parables are so 19th century.

sinisterpanda
02-11-2005, 10:59 PM
This is pretty old news isn't it?

Commando_turned_MD
02-11-2005, 11:05 PM
I hope Marvel wins. City of Heroes is a rip-off!!!1

Fireblade
02-12-2005, 02:48 AM
I think penny-arcade had a good article about it a while back.

Here's a link to it:
Penny Arcade Marvel VS NCsoft Opinion (http://penny-arcade.com/news.php3?date=2005-01-21)

Just some stuff to think about.

haloosinayeshun
02-12-2005, 12:19 PM
*cough*

anyone of you people play CoH before?

The game is ridiculously AWESOME!!!!

oh, and Marvel...yes...Stan Lee, you're great, but please...thats like having Tolken suing SoE for EQ, other game companies that produced games like D&B(Baulder's Gate), or Dark Ages of Camelot...or World of Warcraft/Warcraft...

this suit is null and void...NEXT SUBJECT PLEASE

BigLew
02-12-2005, 02:53 PM
The article said the suit was based on player created content which is ridiculous. I hope Marvel loses.

kimpossible
02-12-2005, 02:57 PM
oh, and Marvel...yes...Stan Lee, you're great, but please...thats like having Tolken suing SoE for EQ, other game companies that produced games like D&B(Baulder's Gate), or Dark Ages of Camelot...or World of Warcraft/Warcraft...


that's a good point.

haloosinayeshun
02-12-2005, 07:02 PM
thanks kim

pretense78
02-12-2005, 07:36 PM
Though it does seem silly on the surface, truth is most of those characters are copyright material, and you do have people on there creating characters with claws and huge green masses and saying, "I'm Wolverine!" or "I'm The Hulk!". I see both sides of the argument, so it's kind of a difficult thing to determine.

haloosinayeshun
02-12-2005, 08:45 PM
you cannot control the actions and effects of users in a MMO environment that is what they say in the disclaimer...all events that happen are due to the interation between users...in everquest you can make a midget troll like character that acts like gollum...or a elvish warrior like leggolas...and act like leggolas...comic characters are copywritten...does that mean that marvel will start sueing 5yr old children for drawing wolverine or dressing like wolverine for halloween? because they are taking on that persona in a virtual/make believe environment? it isn't really that difficult to determine...besides, everyone took all the marvel characters in the first day of release...even optimus prime for christ sake! this is also attributed by the popularity of the game...Phantasy Star Online could have been sued for creating characters that are the robot dudes that look like Optimus Prime or Devastator...but the popularity of PSO was clearly not as high as those of EQ, DAOC, CoH, WoW, or UO what not...take for instance the whole apple itunes/ipod catastrophe thats been apparent recently...a guy is sueing apple for "forcing" him to use itunes with his ipod...even tho he has bought numerous songs and an ipod, knowing damn well that its in their product description and disclaimer...and now real audio is "hacking" into ipods trying to get their garbage audio quality on the ipod...people steal everywhere...it is when companies steal it is an issue...not the users...

SunWuKong
02-12-2005, 10:07 PM
why do i have a sinking feeling that the outcome of this lawsuit depends on which side can throw more money into fighting it?

haloosinayeshun
02-12-2005, 10:13 PM
yea, very true, CoH as stated in the article is a small ass korean company...vs Marvel...which is a multi million dollar company...

hmm

and stated in the article...marvel is planning on a mmo?

Banana
02-14-2005, 09:46 AM
Marvel has to prove that they actually lost money from CoH being released. Sure, you can create characters that look close to Marvel characters but when do we draw the line? Does that mean I can't make a green giant that has super strength? CoH has already banned names that pretty much resemble variants of known Marvel characters but there is no real foolproof way of telling.

I also think that Marvel is only throwing in the "idea" and "suggestion" that they were going to make a MMO of their own because it's the only way to prove that they lost money to CoH.

Personally, I think Stan Lee is being a jackass. When it doubt, sue the fans.

sOKaLiBoY
02-14-2005, 10:13 AM
NCsoft vs Marvel. hmm i would have to give the upper hand to Marvel.

SunWuKong
02-14-2005, 11:22 AM
Personally, I think Stan Lee is being a jackass. When it doubt, sue the fans.

Stan Lee doesn't own or run Marvel. in fact he's suing Marvel because he was promised a cut of the revenue from all the Marvel movies that had been produced in the past few years, and Marvel hasn't delivered yet.

Bhodi_Li
02-14-2005, 05:19 PM
This is ridiculous. Perhaps DC should sue Marvel for their use of the superhero organization (Avengers, FF, etc.) when DC was the first one to use it (JSA). If Marvel could put out some high-quality games with their licenses then maybe they wouldn't have to worry about possible revenue-loss. Booooo on Marvel!

DaMuo
02-14-2005, 08:40 PM
You know, why didn't Marvel join up with NCSoft and just make some money off of it and make some cameo appearances. I mean, c'mon. Why sue? Why not join them and make more money off of the MMo players. Maybe you can go on a mission with Wolvie, or hang out with Emma Frost. The point is, they could have gone about this a totally different way and maybe guild a better fan base for it. Oh well... let's litigate!

SunWuKong
02-14-2005, 10:06 PM
You know, why didn't Marvel join up with NCSoft and just make some money off of it and make some cameo appearances. I mean, c'mon. Why sue? Why not join them and make more money off of the MMo players. Maybe you can go on a mission with Wolvie, or hang out with Emma Frost. The point is, they could have gone about this a totally different way and maybe guild a better fan base for it. Oh well... let's litigate!

well i don't know if there's really a big enough financial incentive for Marvel to do that, if it really is going to produce their own MMORPG. plus, usually what happens with these deals is that Marvel and whoever signs a deal before the product is produced. it seems like NCsoft just went ahead with it on its own. and who knows, maybe Marvel did try to team up with NCsoft but couldn't negotiate for a big enough cut that'll satisfy them.

DaMuo
02-14-2005, 10:41 PM
Probably true since Marvel is a friggin' money machine these days. But as somebody who loves comics and old heroes, it would have been more fun if they did join forces. I'm cheering for the NCsoft folks.

Banana
02-15-2005, 10:54 AM
Stan Lee doesn't own or run Marvel. in fact he's suing Marvel because he was promised a cut of the revenue from all the Marvel movies that had been produced in the past few years, and Marvel hasn't delivered yet.

Stan Lee was the one that urged Marvel to sue because since Stan Lee is owed money by Marvel, he figures he can cash in on some of the profit by NC Soft since he owns a percentage.

IE: Stan Lee = asshat

Shogun Empress
02-20-2005, 01:32 PM
Instead of making crappy movie-based video games, Marvel should've made a COH-type game a long time ago. I hope they lose.