15-03-2005 11:44									#1
	Marvel pwnd in City of Heroes lawsuit Support Apolyton, buy Civilization III: Complete

quote: Federal Judge Dismisses Claims and Strikes Allegations in Marvel Lawsuit Against NCsoft Makers of City of Heroes online computer game score favorable decision; judge labels Marvel allegations as “false and sham” and throws out trademark claims LOS ANGELES, March 11, 2005—A U.S. district court judge in Los Angeles dismissed several key claims by comic book publisher Marvel Enterprises, Inc in the company’s trademark and copyright infringement case against online computer game publisher NCsoft® Corporation and game developer Cryptic Studios™. Marvel sued NCsoft and Cryptic Studios in November of last year, claiming that the City of Heroes® online computer game allows players to imitate comic book characters owned by Marvel. In a March 9 order, U.S. District Court Judge R. Gary Klausner agreed with NCsoft that some of Marvel’s allegations and exhibits should be stricken as “false and sham” because certain allegedly infringing works depicted in Marvel’s pleadings were created not by users, but by Marvel itself. The judge also dismissed more than half of Marvel’s claims against NCsoft and Cryptic Studios, including Marvel’s claims that the defendants directly infringed Marvel’s registered trademarks and are liable for purported infringement of Marvel’s trademarks by City of Heroes’ users. In addition, he dismissed Marvel’s claim for a judicial declaration that defendants are not an online service provider under the Digital Millennium Copyright Act. The judge dismissed all of these claims without leave to amend, meaning that Marvel cannot refile these claims. Although the judge allowed certain claims to survive the motion to dismiss, NCsoft and Cryptic Studios are pleased with the result and are confident that both the law and the facts will support their case. In fact, citing a 1984 Supreme Court case holding that the sale of video cassette recorders did not violate copyright law, the Court noted that “It is uncontested that Defendants’ game has a substantial non-infringing use. Generally the sale of products with substantial non-infringing uses does not evoke liability for contributory copyright infringement.” Only “where a computer system operator is aware of specific infringing material on the computer system, and fails to remove it, the system operator contributes to infringement,” the Court stated. The defendants have 10 days in which to answer and dispute Marvel’s allegations and to assert legal defenses to the remaining claims as well as to assert any counterclaims.

	15-03-2005 17:49									#2
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Good. I think CoH did a very good job in giving players a huge range of costume options without duplicating any truly distinctive equipment or patterns in comic books.

	15-03-2005 18:03									#3
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Marvel and all those other comic book companies are way, way, way, too protective of their copy rights. Every comic-book related game I've seen, the designers or community is practically wetting their pants in fear of Marvel or someone else siccing lawyers on them.

	15-03-2005 18:11									#4
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Yup, and I'm glad Freedom Force got away with it too.

	15-03-2005 18:33									#5
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quote: Originally posted by General Ludd Marvel and all those other comic book companies are way, way, way, too protective of their copy rights. Every comic-book related game I've seen, the designers or community is practically wetting their pants in fear of Marvel or someone else siccing lawyers on them.

Not "all those other comic book companies", just Marvel.

While Marvel shut down all the Marvel-related FF mods out there, the DC and other mods are still very popular. and uncontested.

Remember that Paramount was doing the same thing to Star Trek? And now they are cancelling their show.

Bad idea to kill your fans

	15-03-2005 20:14									#6
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quote: Originally posted by Father Beast Not "all those other comic book companies", just Marvel. While Marvel shut down all the Marvel-related FF mods out there, the DC and other mods are still very popular. and uncontested. Remember that Paramount was doing the same thing to Star Trek? And now they are cancelling their show. Bad idea to kill your fans

Its a shame, considering the consistent abysmally horrible games for Star Trek.

	16-03-2005 00:22									#7
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Glad to see they lost. Are there any restrictions now on costumes in game? I'm not a huge comic book fan but I know people who are and who got their chars renamed/reclothed.

	16-03-2005 01:16									#8
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This is good news

	16-03-2005 05:19									#9
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quote: Originally posted by Pythagoras Its a shame, considering the consistent abysmally horrible games for Star Trek.

Klingon Academy was awesome.

	16-03-2005 09:31									#10
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quote: Originally posted by DrSpike Glad to see they lost. Are there any restrictions now on costumes in game?

Same as they've always been. If they catch you making toons that closely resemble copyrighted work, they will rename and reclothe you.

	16-03-2005 10:12									#11
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The core of Marvel's claims are still valid. That has to to still go through trial, to decide the matter.

Several of Marvel's claims were dismissed because Marvel employees went in and duped Marvel properties. But if they patrolled the system and found users making them, those claims would have been legal, rather then a sham. That's why CoH has to patrol and make sure you aren't making any close to copyrighted works.

	16-03-2005 15:51									#12
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quote: Originally posted by Darkstar Several of Marvel's claims were dismissed because Marvel employees went in and duped Marvel properties.

I think it depends how close you need to get for it to be considered an infringement. You can't pick any of the obvious superhero logos or really trademark costume items, they aren't in the game. You can only make a near mirror image of a comic book character that wears a quite standard outfit.

	16-03-2005 15:53									#13
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to common sense

	16-03-2005 21:05									#14
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quote: Originally posted by Darkstar The core of Marvel's claims are still valid. That has to to still go through trial, to decide the matter. Several of Marvel's claims were dismissed because Marvel employees went in and duped Marvel properties. But if they patrolled the system and found users making them, those claims would have been legal, rather then a sham. That's why CoH has to patrol and make sure you aren't making any close to copyrighted works.

I'm surprised that would be specifically invalidated, unless they were using the claims improperly. The point of making the duplications themselves is not to prove that someone is duplicating the properties, but to prove that the enforcement is inadequate.

Of course, the 1984 ruling being referenced by the judge so prominently indicates that there probably won't be much chance for the core claims to be upheld.

I have to say that I think Marvel is at this point kicking itself for not making the game themselves ...

	16-03-2005 21:37									#15
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quote: Originally posted by snoopy369 I have to say that I think Marvel is at this point kicking itself for not making the game themselves ...

They inked a deal for a MMO in '02. I'm not aware what came of it.

	17-03-2005 00:14									#16
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Takes a lot of effort and resources to make an MMORPG. Many tank before they are finished. Especially if you spend all your time fighting companies you are jealous of.