NCsoft Moves to Dismiss Marvel Anti-Modding Case

Will common sense prevail?

Posted by Staff
Some generic superheroes yesterday
Some generic superheroes yesterday
As you might know, Marvel is currently attempting to sue NCsoft following the release of it’s massively multiplayer super hero action game City of Heroes.

Marvel claimed that many users had modified their characters to resemble its own stable of IP (well, duh!), with The Incredible Hullk being the most commonly copied. The case was seen to be something of a tester, with the possibility that if Marvel triumphed, character manipulation may well be a legal no-no.

"If [City of Heroes] should be banned, then so should the #2 pencil, the Lego block, modelling clay, and anything else that allows one to give form to ideas," reads the motion's concluding statement.

Which is a fair point really. However, Marvel also has a point in that it seems somewhat clear to most observers that COH doesn’t exactly make it difficult to copy existing characters.

We’ll let you know what happens.

Comments

YenRug 21 Jan 2005 13:51
1/4
Can't they simply put a statement at the character creation stage that says something like, "Do not attempt to re-create the likeness of any pre-existing copyrighted characters; players found doing so will have their characters deleted, or suspended until such time as changes can be made. Players who ignore this warning will be liable for any damages raised by their actions." After that you have a simple yes/no option for continuing with acceptance of those terms.
vault 13 21 Jan 2005 17:01
2/4
YenRug wrote:
Can't they simply put a statement at the character creation stage that says something like, "Do not attempt to re-create the likeness of any pre-existing copyrighted characters; players found doing so will have their characters deleted, or suspended until such time as changes can be made. Players who ignore this warning will be liable for any damages raised by their actions." After that you have a simple yes/no option for continuing with acceptance of those terms.


And then the company (NCSoft) will turn their heads when we all go and create our Uncanny X-men stable and wreak havoc through the city. Hopefully.
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Joji 24 Jan 2005 15:12
3/4
Really getting sick of Marvel's saber rattling, though it is typical of them to act this way. Also strange is that their rivals DC haven't reacted in the same manor. If this ever got to court surely NC Soft would have a good case for defending their game.

NC Soft provide the game and what fans choose to create characters wise is up to them. Suppose the best bet for NC Soft is to just put a disclaimer or something during the games installation to keep Marvel off their back.

Perhaps Marvel would like to take on rival comic creators for being influence by early Marvel stories and characters too, Marvelous muppets.
MethysRaven 25 Jan 2005 08:42
4/4
Actually, NCSoft HAS put that in the game. Also, it has been in the instructional books from day 1. I have been playing since April of 2003, and when I bought the book, it says right in there not to attempt to copy any trademarked character- any attempt to copy a trademarked character or its Power sets can result in a deleted account. Granted, the company had not started enforcing it until after the lawsuit was brought. A friend of mine whose character closely resembles Spike from Buffy: the Vampyre Slayer was even asked at that point to delete the character or his account, his choice.

So it is posted on the game itself, plus in both the Official Guide from Prima and the book that comes with the game, along with the admonition that if you can't have the creativity to create your own Superhero, then maybe you need to pick another game.

Just a bit of insight from a player of the game in question.
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