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Title: Federal Judge Dismisses Claims and Strikes Allegations in Marvel Lawsuit Post by: Shockeye on March 11, 2005, 10:17:04 AM Quote from: PlayNC Makers of City of Heroes online computer game score favorable decision; judge labels Marvel allegations as “false and sham” and throws out trademark claims (http://plaync.com/about/2005/03/federal_judge_d.html) 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. About NCsoft North America NCsoft - North America (NC-NA) is headquartered in Austin, Texas and is part of Korea-based NCsoft Corporation. NC-NA, with development and administrative offices in Texas and California, launched two ground-breaking titles in the first half of 2004, Lineage® II and City of Heroes. The company also works with NCsoft subsidiaries and third party developers throughout North America to develop and publish innovative online entertainment software products. More information about NCsoft – North America can be found at http://www.PlayNC.com. About Cryptic Studios Cryptic Studios, Inc., located in Los Gatos, California, was established in July of 2000 and is an independent developer of massively multiplayer online games for the PC and next generation consoles. Its first game, City of Heroes, launched in April 2004. The game takes place in a virtual world where thousands of people play simultaneously, take on the role of super-powered heroes, fight villains and help create a dynamic story in a visually-stunning, 3-D graphical world. NCsoft, the interlocking NC logo, Lineage and all associated NCsoft logos and designs are trademarks or registered trademarks of NCsoft Corporation. City of Heroes is a registered trademark of Cryptic Studios, Inc. and NCsoft Corporation. Cryptic Studios is a trademark of Cryptic Studios, Inc. All other trademarks are the property of their respective owners. Title: Re: Federal Judge Dismisses Claims and Strikes Allegations in Marvel Lawsuit Post by: HaemishM on March 11, 2005, 11:24:53 AM Pwned, bitches.
Title: Re: Federal Judge Dismisses Claims and Strikes Allegations in Marvel Lawsuit Post by: Sky on March 11, 2005, 11:51:20 AM Now go re-cast the Fantastic Four, Stan. For the children.
Then again....it's the X-TREME FF!![/color] And don't forget Ben Grimm's new tagline: "POUND ONE!" Title: Re: Federal Judge Dismisses Claims and Strikes Allegations in Marvel Lawsuit Post by: schild on March 11, 2005, 12:23:32 PM This should be categorized under Totally Awesome. Now I'm going to resub and make some Vertigo and DC characters. ON PURPOSE.
Title: Re: Federal Judge Dismisses Claims and Strikes Allegations in Marvel Lawsuit Post by: MaceVanHoffen on March 11, 2005, 01:08:19 PM Quote from: PlayNC 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. That's the most underhanded thing Marvel did in the lawsuit. The distinction of an online service provider (http://www.copyright.gov/onlinesp/) was provided as a way of limiting the liability of agents whose users violate the DMCA without the knowledge of the agent. If my understanding is correct, had NCSoft lost the status of an online service provider it would have all but lost the case, since Marvel could then claim that NCSoft is liable for any and all copyright-infringing characters made by its users and for even providing the means to infringe (the game's character creation utility) in the first place. Marvel is just plain evil. I really hope DC never stoops to this, or I won't have many comics left to read. But at least the good guy won ... this time. Title: Re: Federal Judge Dismisses Claims and Strikes Allegations in Marvel Lawsuit Post by: Trippy on March 11, 2005, 07:13:51 PM Does anybody know what claims are left?
Title: Re: Federal Judge Dismisses Claims and Strikes Allegations in Marvel Lawsuit Post by: Llava on March 12, 2005, 12:42:44 AM BOOM shakalakalaka!
Title: Re: Federal Judge Dismisses Claims and Strikes Allegations in Marvel Lawsuit Post by: Strazos on March 15, 2005, 10:05:17 AM Does anybody know what claims are left? BOOM shakalakalaka! Yeah, that's a tough claim to fight. :-P Title: Re: Federal Judge Dismisses Claims and Strikes Allegations in Marvel Lawsuit Post by: Llava on March 15, 2005, 10:07:47 AM Does anybody know what claims are left? BOOM shakalakalaka! Yeah, that's a tough claim to fight. :-P Sorry, I misread. I was posting their defense strategy. It's where the defense lawyers take a basketball and throw it at the prosecutors' faces. Title: Re: Federal Judge Dismisses Claims and Strikes Allegations in Marvel Lawsuit Post by: HaemishM on March 15, 2005, 11:17:06 AM Why not use the Chewbacca Defense?! It would make about as much sense as the whole suit.
Title: Re: Federal Judge Dismisses Claims and Strikes Allegations in Marvel Lawsuit Post by: Shockeye on March 15, 2005, 11:35:15 AM It seems that Marvel isn't done spewing shit (http://pc.ign.com/articles/595/595886p1.html).
Quote from: IGN Marvel Says Its Case Is Strong (http://pc.ign.com/articles/595/595886p1.html) Since then, Marvel contacted us to say that not only did NCsoft overstate the significance of the dismissals, but that Marvel is as confident as ever that its case is strong. To get Marvel's perspective, we checked in with John Turtizin, Executive Vice President and General Counsel at Marvel Enterprises. Have no fear, Marvel doesn't care about us players. Quote John Turtizin: We have not and will not sue customers of City of Heroes. Please continue to support the world of comic books, but if you want Marvel characters, please buy a Marvel-licensed game. I guess I can sleep better tonight, how about you? Title: Re: Federal Judge Dismisses Claims and Strikes Allegations in Marvel Lawsuit Post by: HaemishM on March 15, 2005, 11:47:36 AM Quote John Turtizin: We have not and will not sue customers of City of Heroes. Please continue to support the world of comic books, but if you want Marvel characters, please buy a Marvel-licensed game. Make one that doesn't suck donkey dick and is an MMOG worthy of replacing CoH, and we'll talk. Otherwise, lick my hairy scrotum, you chum-feeding corporate mouthpiece. Also, Avengers Disassembled blew monkeys. It actually gave monkeys sloppy oral sex in the back of the bus station. Title: Re: Federal Judge Dismisses Claims and Strikes Allegations in Marvel Lawsuit Post by: MaceVanHoffen on March 15, 2005, 12:00:26 PM Quote John Turtizin: We have not and will not sue customers of City of Heroes. Please continue to support the world of comic books, but if you want Marvel characters, please buy a Marvel-licensed game. Make one that doesn't suck donkey dick and is an MMOG worthy of replacing CoH, and we'll talk. Otherwise, lick my hairy scrotum, you chum-feeding corporate mouthpiece. Also, Avengers Disassembled blew monkeys. It actually gave monkeys sloppy oral sex in the back of the bus station. I also don't buy for a minute that they wouldn't sue customers. Whether they do sue will be determined purely by the perceived fear of losing revenue. It's happened in the world of downloadable music, where the IP owners sued both the online service provider and the customers (hi, Napster, et al). Given Marvel's willingness to even sue Cryptic at all, let alone under preposterous pretenses, I wouldn't put it past them to sue some teenager out of his college savings if Marvel thought it "protected" their properties. Damn, I hate Corporate America. Title: Re: Federal Judge Dismisses Claims and Strikes Allegations in Marvel Lawsuit Post by: Mesozoic on March 15, 2005, 01:44:48 PM I remember reading a Intro in a RPG manual (Heroes Unlimited by Palladium Games) that explained that the term "Superhero" could not be used in that book because the term was the joint property of Marvel and DC. Right there I knew that the legal entanglements of the genre were massive and invasive, in a way that hentai tentacle rape artists can only yearn for.
Title: Re: Federal Judge Dismisses Claims and Strikes Allegations in Marvel Lawsuit Post by: Strazos on March 15, 2005, 03:03:00 PM I still don't see how me being able to make a MMO avatar that looks like a Marvel hero hurts their business.
If I like SpiderMan comics, I'm not suddenly going to stop because I can make a toon that looks like him in CoH. stoopid Title: Re: Federal Judge Dismisses Claims and Strikes Allegations in Marvel Lawsuit Post by: Big Gulp on March 15, 2005, 06:13:31 PM I still don't see how me being able to make a MMO avatar that looks like a Marvel hero hurts their business. It doesn't, but then I also think that people who play knockoff characters deserve to be shunned like the unoriginal dirtbags they are. Likewise those people who create elves and give their characters some jackass "fantasy" name. There are already several games out there for you, go visit them. Of course, in a couple weeks I'm going to be spending all my time beating down the anime fruits, so I've got an all new hell awaiting me. Title: Re: Federal Judge Dismisses Claims and Strikes Allegations in Marvel Lawsuit Post by: stray on March 15, 2005, 07:15:40 PM Of course, in a couple weeks I'm going to be spending all my time beating down the anime fruits, so I've got an all new hell awaiting me. The "anime fruits" are much worse when they're trying to create anime characters in a game that doesn't support it. At least they have something to work with here. It doesn't necessarily excuse them, I guess, but it's a little more tolerable than seeing them in a game like WoW or Shadowbane. Title: Re: Federal Judge Dismisses Claims and Strikes Allegations in Marvel Lawsuit Post by: Kageru on March 15, 2005, 10:07:54 PM I still don't see how me being able to make a MMO avatar that looks like a Marvel hero hurts their business. If I like SpiderMan comics, I'm not suddenly going to stop because I can make a toon that looks like him in CoH. stoopid I don't think that's the point anymore. Now they want to be able to protect their "brand", not just the actual product. So from that view the real damage is any unauthorised reference or useage dilutes the future potential (and thus value) of the intellectual property. More specifically not only does CoH interfere with the potential value of their MMORPG (even if they have no plans to make one, potential does not require implementation) but someone virtually dressing up as spiderman and being an ass could detract from their ability to sell spider man merchandise. It seems like another result of what can happen when copywrite is extended to allow people to sue over intangibles. And naturally it's in their own interests to get as broad an interpretation as possible, to the extent of owning the entire concept of "superhero's", that's money in the bank. Of course it discourages creativity. Both because it's better to profit off endless revision of old material and also because it represents a legal minefield to anyone trying to do original work. Title: Re: Federal Judge Dismisses Claims and Strikes Allegations in Marvel Lawsuit Post by: HaemishM on March 16, 2005, 11:40:03 AM Marvel is making their own MMOG. Of course, no one has heard a damn thing about it past the first press release about it, but this suit was/is pre-emptive strike #1.
Despite my desire to be a writer, I'm beginning to hate the whole idea of copyrights these days. Title: Re: Federal Judge Dismisses Claims and Strikes Allegations in Marvel Lawsuit Post by: Mesozoic on March 16, 2005, 01:05:08 PM Marvel is making their own MMOG. Captain Wow: Can I get a hammer like Thor? SYSTEM: CAPTAIN WOW HAS BEEN BANNED SPid0rman: Hey where is everyone? SYSTEM: SPID0RMAN HAS BEEN BANNED Title: Re: Federal Judge Dismisses Claims and Strikes Allegations in Marvel Lawsuit Post by: SirBruce on March 16, 2005, 05:11:33 PM Actually I'm told Marvel has since cancelled the MMOG they had in development.
Bruce Title: Re: Federal Judge Dismisses Claims and Strikes Allegations in Marvel Lawsuit Post by: HaemishM on March 16, 2005, 05:47:22 PM Good thing. I can think of no greater suck than trying to shoehorn MMOG gameplay into an existing universe like the Marvel Universe without allowing players to play the named, branded properties.
Title: Re: Federal Judge Dismisses Claims and Strikes Allegations in Marvel Lawsuit Post by: Big Gulp on March 16, 2005, 06:56:05 PM Good thing. I can think of no greater suck than trying to shoehorn MMOG gameplay into an existing universe like the Marvel Universe without allowing players to play the named, branded properties. (http://www.cool-gaming.com/blog/archives/images/screenShot0197.jpg) Title: Re: Federal Judge Dismisses Claims and Strikes Allegations in Marvel Lawsuit Post by: HaemishM on March 16, 2005, 06:58:27 PM Well, there's that.
Title: Re: Federal Judge Dismisses Claims and Strikes Allegations in Marvel Lawsuit Post by: Strazos on March 17, 2005, 10:54:39 AM It doesn't, but then I also think that people who play knockoff characters deserve to be shunned like the unoriginal dirtbags they are. Likewise those people who create elves and give their characters some jackass "fantasy" name. There are already several games out there for you, go visit them. OOO, that makes me mad, too. Just as much as when I play a fantasy MMO and people somehow come up with THE worst names Evar! Crap like "SupahHealah" and "Chainnooker" and other such nonsense....If it were up to me, I would have these people dragged out into a street and flogged. It even annoys me when I play CS and people either have unoriginal names like "spartan" or "1337killahkid" or somesuch...or those dorks who put like 8 guild tags in their name. I wish I could /trout them. Title: Re: Federal Judge Dismisses Claims and Strikes Allegations in Marvel Lawsuit Post by: stray on March 20, 2005, 09:57:44 AM It even annoys me when I play CS and people either have unoriginal names like "spartan" or "1337killahkid" or somesuch...or those dorks who put like 8 guild tags in their name. I wish I could /trout them. Hrm, "Spartan" and "1337killahkid" are in entirely different categories. If I saw "Spartan" in CoH, I wouldn't think twice about it. It sounds perfectly suitable. If I saw it in CS...well....None of that shit really matters in CS. Title: Re: Federal Judge Dismisses Claims and Strikes Allegations in Marvel Lawsuit Post by: Sky on March 21, 2005, 04:32:29 PM I still think this whole thing was sparked by the Amazing Captain A-Hole.
Besides being a funny damn joke (shut up), it was the best mockup of a Cappie the CoH engine can manage. It was funny to stand in Atlas Park and have people vaccillate between "OMG REPORT JOO" and "OMG GIMME SCREENSHOT WICKED CAPPY!!" I wanted to kick both equally, because I'm even-handed with kicking. Or even-footed. While I knew Cappy was on the fast road to bannination, I do kinda miss my old energy blaster, Man of Iron: (http://home.twcny.rr.com/iamthey/images/ironman.jpg) Screw you if you think it's uncreative. I don't care. Title: Re: Federal Judge Dismisses Claims and Strikes Allegations in Marvel Lawsuit Post by: Llava on August 24, 2005, 12:13:55 PM Trial update! Small victory for NCSoft.
Marvel's motion to dismiss, and special motion to strike NCSoft's counterclaims, have both been denied. All of NCSoft's countersuit will survive to the next phase. NCSoft lists eight causes of action in its counterclaim. Four based on federal law, and four based on California state law: 1) False DMCA notification - U.S.C. §512(f). 2) Trademark infringement - Lanham Act. 3) False designation of origin - Lanham Act. 4) Trademark dilution. 5) Dilution - California Business and Professions Code §14330. 6) Unfair competition - California Business and Professions Code §17200. 7) Interference with contractual relations. 8) Interference with prospective economic advantage. In support of the first claim, NCSoft has referenced three separate DMCA takedown demands from Marvel, dated between October 2004 and January 2005. NCSoft claims these demand letters were defective and misleading. One letter, for instance, demanded takedown of a Hulk and a Wolverine clone on an unspecified server, forcing them to delete similarly named characters across all servers. The original Hulk and Wolverine clones in question had been created by Marvel. In support of the trademark claims, NCSoft referenced the teaser tag in the April 2005 issue of Marvel's New Thunderbolts. It read, "The battle to save Manhattan! Secrets revealed! Surprise betrayals! A miraculous return! And finally, a city of heroes!" The next issue's title page read, "Stan Lee proudly presents New Thunderbolts in City of Heroes." This comes well after Cryptic began publishing a competing comic by that same title. The motion to dismiss was denied because NCSoft made the claims necessary to support their causes of action. The special motion to strike, under California Anti-SLAPP law, was also denied, because Marvel's alleged false DMCA letters and trademark infringements are not in furtherance of Marvel's right to free speech, and have no bearing on an issue of genuine public concern. Things are not going well for Marvel. Perhaps they should try not being assholes. Title: Re: Federal Judge Dismisses Claims and Strikes Allegations in Marvel Lawsuit Post by: HaemishM on August 24, 2005, 12:59:53 PM Douchebags get what they deserve. Too bad they can't put a rider onto the countersuit denying Bendis the right to ever write another Avengers comic again.
Title: Re: Federal Judge Dismisses Claims and Strikes Allegations in Marvel Lawsuit Post by: UnSub on August 26, 2005, 09:30:37 PM I've thought for a little bit that Marvel took these steps to hopefully kill CoH so that they could buy it up themselves. Hey presto - that Marvel MMOG would get a whole lot closer to being completed.
As for Marvel using "City of Heroes" in their comics - that's pretty low. Title: Re: Federal Judge Dismisses Claims and Strikes Allegations in Marvel Lawsuit Post by: schild on August 27, 2005, 10:52:08 AM I think it would be an excellent twist of fate if NCSoft pounded Marvel so far into the ground that they got bought by Sony or something. I'd pay real money to see that. Hell, I may even donate.
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