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  • Regal_TRRegal_TR Member Posts: 249
    this is so far above Marvel Vs CoH. It's the first time virtual property, and who owns it, and takes responsibility for it is tested in an american court. Could have a huge impact on the future of Virtual property sales and their legality etc.

  • Clever_GloveClever_Glove Member Posts: 996

    Wow do we need tort reform.

    Copyrights, are not about coping something. That's actually legal. It's about harming anothers business, that is not. Has CoH taken money that would have otherwise gone to Marvel? Clearly they have not, if anything people making wannabe Marvel super hero's will only feed their addiction. Most likely Marvel will gain sales as a result.

    This is a clear case of a company trying to make money by suing another. No damage has been done.

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  • AdrealAdreal Member Posts: 2,087

    it claims allows players to make virtual characters that are too similar to ``The Hulk,'' ``X-Men''

    They're full of crap. If a player in WoW names his elf "Legolas" are they going to sue Blizzard?

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  • DekronDekron Member UncommonPosts: 7,359



    Originally posted by Adreal

    it claims allows players to make virtual characters that are too similar to ``The Hulk,'' ``X-Men''
    They're full of crap. If a player in WoW names his elf "Legolas" are they going to sue Blizzard?



    This goes as far as saying that anyone who draws the dam characters if they aren't authorized by Marvel will be liable for damages.  This is ridiculous.  Whether Marvel wins or losed, this will hurt them.  I now have a very negative look at the money grubbing Marvel.

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  • FinweFinwe Member CommonPosts: 3,106
    "One small step for Marvel *crackle* one giant step for money grubbin sue-happy asses everywhere."

    ----------------------------------------------------------------------------------------------------------------------------------------------------"The greatest trick the devil played on humanity in the 20th century was convincing them that he didnt exist." (Paraphrasing) C.S. Lewis

    "If a mother can kill her own child, what is left before I kill you and you kill me?" -Mother Teresa when talking about abortion after accepting the Nobel Peace Prize in 1979

    "The greatest trick the devil played on humanity in the 20th century was convincing them that he didn't exist." (Paraphrasing) C.S. Lewis

    "If a mother can kill her own child, what is left before I kill you and you kill me?" -Mother Teresa when talking about abortion after accepting the Nobel Peace Prize in 1979

  • rathmarathma Member UncommonPosts: 3,786
     That's pathetic. Just because CoH has a good character customization game doesn't mean they are stealing characters. And I remember a policy stating that you are not allowed to create characters similar to ones already copyrighted on CoH. So if anything, it's the players fault.

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  • KilguriKilguri Member Posts: 119

    So, will the next step be sueing players for having their capes the same color as Batman's?


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  • CoraithCoraith Member Posts: 311

    So if i happen to turn into a big green monster when i get angry, are you going to sue me Marvel?

    image

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  • ThriftThrift Member Posts: 1,783
    lol Marvel is sueing CoH because users that play CoH have a imagination to make their character look like one of the Marvel characters....funny

  • saitoesaitoe Member Posts: 62

    marvel can go F*** themselves.... they shouldnt sue COH for having excellent character customization!

    jelous loosers..... dont get me wrong i love marvel..... but they suck!

    me- Mom... can you get me a game?

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  • Rikimaru_XRikimaru_X Member UncommonPosts: 11,718



    Originally posted by Adreal

    it claims allows players to make virtual characters that are too similar to ``The Hulk,'' ``X-Men''
    They're full of crap. If a player in WoW names his elf "Legolas" are they going to sue Blizzard?



    but the elf won't look like Legolas now would he? Thats where the character customization of CoH comes in.


     

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  • Rikimaru_XRikimaru_X Member UncommonPosts: 11,718



    Originally posted by saitoe
    jelous loosers..... dont get me wrong i love marvel..... but they suck!
     


    lol . . .what?


     

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  • Rikimaru_XRikimaru_X Member UncommonPosts: 11,718

    I love marvel. They actually do have a reason to sue in some points.

    CoH is actually not original. Many of the powers are copied form not only Marvel but DC heros as well. Let me draw you the line between originally and copied with the power:

    super strength - copied (from many different heros)

    the power to control paperimage - original (from Read or Die) would be cool if it was in CoH

    Super Speed - copied (from many diffrent heros)

    power to craft (original . . .with mini customization) robots to your usage - pretty original (think of Strider)

    power to turn in to a huge gun - original (I have a sega game I own where your either the red or blue character and their evil brother (wears green) can turn into a gun, a tank etc.) I own the game but can't remember the name.

     

     

     

    -In memory of Laura "Taera" Genender. Passed away on Aug/13/08-
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    RISING DRAGOON ~AION US ONLINE LEGION for Elyos

  • PuoltryPuoltry Member Posts: 956

    If NCSOFT had stopped this from day one it would not even be an issue.Honestly in this day and age it was the stupidest move NCSOFT made.They really backed themselves into a corner here.How can Marvel look the other way on this?
    I mean really this was an issue when the game was released.Why did they leave it in?To attract customers who are comic book fans.When i was playing CoH i actually saw a thread for a supergroup starting up that was modeled on the x-men and called the x-men.
    How can NCSOFT even sit back and pretend to be surprised by this?They should have nipped it in the bud right away.
    But now its too late.If your going to be pissed at anyone it should be the small percentage of players who chose to make characters that looked identical to copyrighted material.You should be even more pissed that NCSOFT didnt take steps to remove said characters and prevent this from happening.

    How will players suffer?

    1.Future expansions put on hold until lawsuit is settled one way or another.

    2.Dumbed down character creation process.

    3.Possible shutdown of game entirely.

    4.Possible deletion of characters.

    5.If Marvel does win then a big settlement would mean possibly higher monthly rates.

    Marvel may be stupid for pursuing this but NCSOFT is even more stupid for not thinking this would happen.Id be willing to bet Marvel has been watching from day one if not even playing the game itself.Now it seems they have some "screenshots" that look to similar.

    Marvel = asses
    NCSOFT = stupid and in denial

    Want to ENJOY an mmo?

    Dont start a guild and dont be a leader or volunteer to be coleader or captain.

    Just play the damn game:)

  • FinweFinwe Member CommonPosts: 3,106
    To blame NCsoft is absurd. Thats like the Tolkien estate sueing EverQuest if some guy made a long blonde haired elf named Legolas.

    ----------------------------------------------------------------------------------------------------------------------------------------------------"The greatest trick the devil played on humanity in the 20th century was convincing them that he didnt exist." (Paraphrasing) C.S. Lewis

    "If a mother can kill her own child, what is left before I kill you and you kill me?" -Mother Teresa when talking about abortion after accepting the Nobel Peace Prize in 1979

    "The greatest trick the devil played on humanity in the 20th century was convincing them that he didn't exist." (Paraphrasing) C.S. Lewis

    "If a mother can kill her own child, what is left before I kill you and you kill me?" -Mother Teresa when talking about abortion after accepting the Nobel Peace Prize in 1979

  • PuoltryPuoltry Member Posts: 956

    Go read the EULA for CoH.It specifically states NO copyrighted characters shall be used and could result in said player having character deleted or player being banned.

    Who is to blame?Marvel didnt let those players make duplicates.

    As a matter of fact here it is read it and weep:

    (f) Super Group Names, Super Group Member Titles, Battle Cry, and Character Description. While accessing the service, it is possible to name your Super Group, give titles to members of your Super Group, create a Battle Cry, and write a Character Description. You may not create a Battle Cry, Character Description, give a name to a Super Group, or give a title to a Super Group member that is the name/description/title of another person, or a name/description/title which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other players to believe you to be an employee of NC Interactive, or which NC Interactive deems at its sole discretion to be vulgar or otherwise offensive. NC Interactive reserves the right, in its sole discretion, to (1) delete or alter any name/description/title given to a Super Group, Super Group Member, Battle Cry, or Character Description or (2) terminate any license granted herein, for any reason whatsoever, including, without limitation, any suspected or actual infringement of any trademark or trade name right, copyright, or other proprietary right.


    If they had actually acted upon this instead of living in denial this would not have even been an issue.Now tell me and everyone else why NCSOFT isnt to blame?

    They arent even following the rules that THEY setup to avoid this.

    Want to ENJOY an mmo?

    Dont start a guild and dont be a leader or volunteer to be coleader or captain.

    Just play the damn game:)

  • UsualSuspectUsualSuspect Member UncommonPosts: 1,243



    Originally posted by Puoltry

    If they had actually acted upon this instead of living in denial this would not have even been an issue.Now tell me and everyone else why NCSOFT isnt to blame?
    They arent even following the rules that THEY setup to avoid this.



    Alright, you're now employed by NCSoft - theoretically, of course. You've been pushed into a room that holds upwards and over of 100,000 people and told to look through them all to make sure none of them are copying anyone from that pile of comics in the corner. You don't know all the comics? Well, get cramming, you need to know which is which in here.

    Now wait a moment, looking around this huge room full of over 100,000 people, you see doors everywhere and more people coming in, some running out.. now what are you going to do? Lock all the doors?

    Seriously, how do you expect to deal with this? You have checks on the door, making sure no Wolverines get in, but that one guy called Wolfyreen managed to get past them somehow, even though he looks the same. Looking around, you see more of them - Wolvireen, Woolvuhreen, and other messed up copies.

    This is what NCSoft are supposed to be able to handle. Its pretty much an impossible task, especially as everyone has 8 characters to choose from, so that 100,000 just became 800,000. Expecting them to be able to deal with this is just ridiculous. They put name checks into the system, then put warnings in the Terms & Conditions, to expect them to hire a whole team just to make sure copyrighted characters aren't created is madness.

  • stephen_sofstephen_sof Member, Newbie CommonPosts: 388

    i think this is freakin horrible newsimage

    just think if this BS follows through then charactor custimization will go threw the shiter

    your just have to pick from preset skins this will set us back an entire generation o god its horrible

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  • DekronDekron Member UncommonPosts: 7,359



    Originally posted by Rikimaru_X

    I love marvel. They actually do have a reason to sue in some points.
    CoH is actually not original. Many of the powers are copied form not only Marvel but DC heros as well. Let me draw you the line between originally and copied with the power:
    super strength - copied (from many different heros)
    the power to control paperimage - original (from Read or Die) would be cool if it was in CoH
    Super Speed - copied (from many diffrent heros)
    power to craft (original . . .with mini customization) robots to your usage - pretty original (think of Strider)
    power to turn in to a huge gun - original (I have a sega game I own where your either the red or blue character and their evil brother (wears green) can turn into a gun, a tank etc.) I own the game but can't remember the name.
     



    come on Rik, that's just not right.  The "power" was never copyrighted by Marvel or any other company.  You can't copyright super strength, speed, transformation, etc.  That means pixar could be sued and every other company that ever used "super[insert power here] in a game/movie/tv series.

    So what if I get covered in radioactive goo and get super strength?  Can they sue me? image  Maybe we should create knew powers like shooting lightning out of my @$$/ image

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    33.333333333333336% of me is a huge nerd! How about you?

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  • PuoltryPuoltry Member Posts: 956

    NCSOFT put up the EULA for CoH right?They failed to enforce it at all.If they put it in they should have backed it up or dumbed down the creation system.

    To say they are not responsible is ridiculous.They own the servers.NCSOFT provided the capital for Cryptic studios.
    The EULA clearly states that copyrighted characters are not to be used.Gee i wonder why they put THAT in there?I wonder if it could have been because they didnt want to infringe on copyrighted material?

    If someone was using your persona and everything about you to make loads of cash what would you do?Would you not sue them?Would you look the other way and say well there are so many people that look like me?


    NCSOFT makes a lot of cash every month off of CoH.Now im not saying that they are using Marvel characters to promote the game.But they are letting players use their servers and character creation system the same players who are PAYING per month to use said servers and systems.

    NCSOFT should have known that someone from Marvel would be playing and looking for this.Marvel is protecting what they own.

    NCSOFT dropped the ball on this when they should have never allowed it period.Now no matter what they do it wont be good enough for the CoH community.NCSOFT will be the next bad guys.

    Want to ENJOY an mmo?

    Dont start a guild and dont be a leader or volunteer to be coleader or captain.

    Just play the damn game:)

  • FireUpFireUp Member Posts: 69

    I hope Marvel dont win... whats it gonna be next ?

    LOTR are going to sue all medieval fantasy mmorpg ? Cause in all ive played, I always encountered elfs named Legolas, dwarf named Gimli, etc.

    And Square are going to sue lots of asian based mmorpg because you always see characters named Sephiroth, Cloud, etc...

    They should acknowledge 3 reality about that :

    1- The people creating characters who look like, for exemple, The Hulk, are most likely fans of The Hulk.

    2- This is free publicity in the online world.

    3- Will I get sued by Square if I go to a costplay disguised as Cloud ? no (LOL costplay LOL)


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  • OdenathusOdenathus Member UncommonPosts: 605


    Originally posted by UsualSuspect

    Alright, you're now employed by NCSoft - theoretically, of course. You've been pushed into a room that holds upwards and over of 100,000 people and told to look through them all to make sure none of them are copying anyone from that pile of comics in the corner. You don't know all the comics? Well, get cramming, you need to know which is which in here.


    actually this is pretty easy. There are name lists and these are kept on the server, whether the user is logged in or not. In fact, most, mmorpgs run your name through a name filter before they even let you create the character. This database of names is easy to collate and common. The hard part is not the names rather the misspelling of the said name and/or the l33t spelling of said name (as you mentioned in your post).

    In fact name filters are so very common. Find me one game that doesn't use them?! Look at the WoW forums and see the stink there from when Blizzard incorporated theirs. Ask any EQ player about the problems they have with SOEs filter.

    This is why you hire in game guides and/or game master, to sift through the various varations of spellings. You then provide the customer with a choice, change it or lose it.

    Einstiens family took this to court and won.

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  • LypheusLypheus Member UncommonPosts: 82

    You have but to look at ancient Greek mythology for all the super powers and more when it comes to hero powers ... for instance Herakles/Hercules (Super Strength), Hermes/Mercury (Super Speed), etc... this is just stupidity as usual - if lawyers had a degree in one of the hard sciences we'd have very few legal dilemma's such as these.

  • FinweFinwe Member CommonPosts: 3,106

    Anyone who agree's that Marvel has a right to sue NCsoft. Then I suppose you'd also be a proponent for different companies/estates sueing MMORPG.com for their members having names that are from a book/movie etc.

    It is the exact same thing. And there are plenty of members here that has a name taken from a movie/book. In fact. I'm not sure if I've found one game, or messageboard, that does not.

    It is absurdity. In a nutshell, they're just greedy sue happy bastards.

    ----------------------------------------------------------------------------------------------------------------------------------------------------"The greatest trick the devil played on humanity in the 20th century was convincing them that he didnt exist." (Paraphrasing) C.S. Lewis

    "If a mother can kill her own child, what is left before I kill you and you kill me?" -Mother Teresa when talking about abortion after accepting the Nobel Peace Prize in 1979

    "The greatest trick the devil played on humanity in the 20th century was convincing them that he didn't exist." (Paraphrasing) C.S. Lewis

    "If a mother can kill her own child, what is left before I kill you and you kill me?" -Mother Teresa when talking about abortion after accepting the Nobel Peace Prize in 1979

  • DekronDekron Member UncommonPosts: 7,359



    Originally posted by Lypheus

    You have but to look at ancient Greek mythology for all the super powers and more when it comes to hero powers ... for instance Herakles/Hercules (Super Strength), Hermes/Mercury (Super Speed), etc... this is just stupidity as usual - if lawyers had a degree in one of the hard sciences we'd have very few legal dilemma's such as these.



    A very insightful and impressive point.

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