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Mythic Sues Microsoft Over Mythica MMORPG

An anonymous reader writes "Mythic Entertainment, developers of PC MMO videogame Dark Age of Camelot, has filed suit against Microsoft, arguing that Microsoft's upcoming MMORPG Mythica is too similar in name and content (it 'also employs Norse images and mythology') to its own name and flagship title. Maybe if game developers could dream up a genre other than fantasy, problems like this would be averted..."

22 of 362 comments (clear)

  1. Lindows reference by DeathPenguin · · Score: 5, Insightful

    I couldn't help but to grin at this:

    "We would expect Microsoft to react no differently if someone launched an operating system called Microsofta just as Microsoft did when confronted with an operating system called Lindows," Mythic President and Chief Executive Mark Jacobs said."

    While I got a kick out of it at first, it sort of seems to validate Microsoft's lawsuit. It certainly is an amusing twist of irony, though.

    1. Re:Lindows reference by stubear · · Score: 4, Insightful

      Not really,

      Lindows is to Windows as OS is to OS.
      Mythic it to Mythica as Company is to game?

      Wait a second, something's not quite like the other here.

    2. Re:Lindows reference by cgranade · · Score: 4, Insightful

      Perhaps it's just me, but it seems that there is a huge difference between Microsofta and Lindows. Microsoft is not a generic term, whereas Windows is a generic term and is not even trademarked (the trademark is Microsoft Windows). In this case, Mystic is a generic term, so I would support MS in this case (ugh). I support Mystic suing, however, as it further forces the courts to clarify this issue, something that will help everyone, IMHO.

      --

      #define DRM chmod 000

    3. Re:Lindows reference by KefabiMe · · Score: 2, Insightful

      What if instead of "Lindows" it was called "X-Lindows"? X-Lindows could show its roots from the x-windowing system. Would that "X" in front of Lindows protect them from Microsoft?

      Microsoft is a made-up word. Windows is a generic term that has been in computer techie use since before Microsoft Windows was ever a product.

      Microsoft can trademark "Microsoft". They never should have been able to trademark "Windows" in a computing context.

    4. Re:Lindows reference by meatspray · · Score: 2, Insightful

      It's not completely over the name. The real problem is that both games have some thick roots in norse mythology.

      It doesn't help that M$ created a fantasy game, called the norseland midgard, included Frost Giants, beserkers and volcanic zones then named it Mythica. (DAoC already has all of these covered)

      Truely, they're not stealing ideas from Mythic, they're just not being very creative with the given material. (*pictures the dilbert like product naming meeting that came up with mythica*) They're just rehashing that which has already been done (and played to death IMHO).

    5. Re:Lindows reference by Minna+Kirai · · Score: 3, Insightful

      They never should have been able to trademark "Windows" in a computing context.

      They're really good at trademarking generics, though. Microsoft Word, Microsoft Paint...
      It's even better in the fileformat realm: Doc (Document), Bmp (Bitmap)...

      Windows is a generic term that has been in computer techie use since before Microsoft Windows was ever a product.

      But when Lindows choose its name, they weren't refering to "windows" as elements of a GUI interface. They were clearly referencing Microsoft's Windows, and suggesting that their product is a replacement for it.

      "Windows", after all, would be a fairly silly thing to put in the name of a new operating system, since that GUI feature is such a minor feature. Microsoft calls their system that for historical reasons (because their OS grew out of what was originally a GUI addon to another OS). But Lindows doesn't have that excuse; they are clearly attempting to benefit by similarity to another's trademark.

    6. Re:Lindows reference by One+Louder · · Score: 2, Insightful
      I didn't say it wasn't a generic word, but that it's fanciful in that particular context - the same way "Apple" and "Amazon" are fanciful in their respective trademark categories.

      Also, spending time and money on a trademark does not somehow make a bad trademark a good one.

      As to the Mythic vs Mythica issue, there's a "reasonable person" test. If you told your Mom to buy you a role playing computer game made by Mythic Entertainment for Christmas, there's a reasonable chance you'd open your package and find a role-playing computer game with the name "Mythica" plastered across the front.

      In the case of Lindows.com, however, the chance of your Mom going into a store looking for Microsoft Windows XP and coming out with a box containing "LindowsOS" is very unlikely.

    7. Re:Lindows reference by Katharine · · Score: 2, Insightful

      Actually, similarities between the name of a company and the name of a product absolutely can cause confusion in consumer's minds, and therefore can be the subject of a valid trademark claim.

      However, the article isn't especially clearly written, which makes it hard to understand exactly what is going on here. It doesn't seem that the complaint is *only* about the similarity of "Mythica" to "Mythic."

      According to the article, Mythic Co. is complaining that the Norse images and mythology used in Microsoft's "Mythica" game is too much like Mythic's game (DaoC). It sounds like in addition to a regular trademark infringement claim they are also making another particular type of trademark claim: a trade dress claim. The classic example of trade dress is the distinctive shape and appearance of a Coke bottle. Trade dress can be as simple as the color of a product (think about the pink fiberglass insulation that they used to advertise with the Pink Panther) or as complicated as the decor of a restaurant.

      It obviously would be pretty difficult to make a Norse-based game without "Midgard," dwarves, Vikings, Thor, etc., so Mythic's arguments will likely rely heavily on the similarity of the "look & feel" of the two games, and the style of gameplay. You are right that "Mythic" isn't as "strong" a mark as a made-up word like "Kodak" would be, but at the same time, Mythic's claim against Microsoft will be stronger the more similar the two games are. I read elsewhere that the Microsoft game even uses the same names for the same levels as are used in DaoC, etc., so maybe the folks at Mythic really do have a point.

  2. That would be nice by mahdi13 · · Score: 4, Insightful
    "Maybe if game developers could dream up a genre other than fantasy, problems like this would be averted..."
    Come on now, you know that would require creativity and a capacity for originality! Two things that do not exist in the MMORPG world!
    --
    "Some things have to be believed to be seen." - Ralph Hodgson
  3. Go MS! by Saville · · Score: 2, Insightful

    I hope Microsoft wins this lawsuit.

    This is stupid. No other company can make a RPG that features Norse gods?? Its not like they were invented by that company.

  4. I can see the point with the name... by Liselle · · Score: 4, Insightful

    ... because when I first heard of it, I was immediately confused, because I didn't remember Mythic making any any MMO of the sort (I play DAoC).

    But as far as the content, best of luck to them. DAoC was brilliant in that it didn't rely on some license for the core game (like Star Wars), but they also didn't just make something up out of the blue. Mythic took heavily from already-existing Norse mythology, Arthurian legends, Camelot, etc, and put it all together in a surprisingly good story. If somebody else does the same thing, what sort of legal leg do they have to stand on?

    --
    Auto-reply to ACs: "Truly, you have a dizzying intellect."
  5. What new genre would that be? by NitroWolf · · Score: 4, Insightful

    I've given that quite a bit of thought... but realistically, what new genre could you devise that would be fun to play?

    A Sci-Fi setting is about as close as you can get for that sort of gameplay... and that's stretching it. It's Fantasy-Sci-Fi at that point. As AO amply demonstrated, the whole Sci-Fi themed RPG on a computer doesn't work out so well, and ends up being pretty silly.

    Fantasy is really the only theme you can have and be "believable," as far as believability in that sort of setting goes.

    Once you move up technologically/time period wise, you have something completely different. Why, you ask? Simply because combat becomes something less personal (which personal is the whole focus of MMORPGs) and more destructive.

    Any time period set in current day and the future has the potential to have weapons of mass destruction, making game play decidedly un-fun when a nuke comes in and wipes out your whole city without you being able to do anything about it. The fact is, medieval/fantasy is about the only realm you can safely have interactive person-to-person RPGs (note I said RPG, not FPS) and have them remain fun. That's simply because it's more of a drawn out conflict between people, whereas anything set in modern day or the future is a conflict between equipment and wars of attrition, not skill.

    I dislike fantasy books, but love SF books. I would love to see a game based on SF... but the more I've thought about it, there's not one single SF themed multiplayer game that I think would be fun without borrowing heavily from fantasy. It's all about personal combat, in the end, and nothing caters to that like fantasy.

    1. Re:What new genre would that be? by hirebrand · · Score: 3, Insightful
      I would love to see a game based on SF... but the more I've thought about it, there's not one single SF themed multiplayer game that I think would be fun without borrowing heavily from fantasy.
      Well, there is Fallout. That was a rather popular sci-fi RPG. Besides, why do massively multiplayer games all have to be role playing? Planetside is a pretty great game.
  6. Myth(ica) by CottonEyedJoe · · Score: 4, Insightful

    ....Or perhaps Microsoft took the name from another fantasy game, Myth. Developed by wholly owned subsidiary of Microsoft, Bungie, and also employing elements of norse mythology.

  7. Didn't Bungie do a game called Myth...? by jwhatch · · Score: 2, Insightful

    And didn't Microsoft buy Bungie? Seems Mythic doesn't have a tripod to stand on. Maybe Robert Graves, Edith Hamilton, and a few other authors should sue all us fantasy gamers for stealing their thunderbolts. Anyone remember when you had to name your game X&X (ala D&D) to sell your game at all (oh I guess that would be Dungeon or Adventure to the early video game crowd).

  8. Re:Fantasy by catbutt · · Score: 2, Insightful

    Isn't something that is "dreamed up" fantasy by definition?

  9. EverQuest community watches on.... by ajs · · Score: 4, Insightful

    We're always amused as The Next Big Game looms on the horizon.... Did you know that DAoC was going to kill EverQuest's role as the #1 MMORPG? No? Perhaps that's because you were waiting for Neverwinter Nights? Star Wars Galaxies? PlanetSide? Anarchy Online?

    Perhaps you have not learned your lesson and are waiting for WoW?

    It amazes me that each new game comes out and again misses the point. It's not the graphics (most long-term EQ players turn off all the bells and whistles they can); it's not the storyline (the EQ storyline reads like Christopher Tolkein on quayludes); it's not the marketing (when is the last time you saw an add for SWG, NWN or DAoc? Now what about EQ? I think EQ gets less press than the Slash engine ;-)

    So what is it? It's the fact that the game is large enough and growing to absorb enough user-base that there is a community that has real staying power... somehow, THAT is what another game needs to replicate, and it emphasizes all of the things that most game companies do not want to spend money on... Perhaps Sigil will get it right. they did once before....

  10. Dark Age of Camelot is STUNNINGLY UNORIGINAL by popo · · Score: 5, Insightful


    I used to play DAOC. I used to love DAOC. But a creator of new ideas DAOC is not.

    Dark Age uses the most widespread, obvious and well-known cultural and mythological references for its game world.

    We must remember that Mythic's case against Microsoft constitutes a claim of ownership over these themes.

    For once Microsoft is right.

    Mythic: you should have been more original if you wanted something protectable.

    Verdict goes to the defendant.

    --
    ------ The best brain training is now totally free : )
  11. Re:It's about time Microsoft gets a little of it's by Anonymous Coward · · Score: 1, Insightful

    Heh, well, maybe back when almost nobody had a car, they could have trademarked it, and it wouldn't have mattered. IE it only became generic because nobody trademarked it.

    Most of the world had not heard of "Windows" for computers before Microsoft used that term for their software, and probably before they even trademarked it. It's still not really considered generic because when you say "Windows" everyone knows you're talking about Microsoft Windows. (It's not like bandaid or frisbee)

    But go ahead and keep living in your dream world where trademark law bends to your desires.

  12. Re:Fantasy by Anonymous Coward · · Score: 1, Insightful
    Maybe if game developers could dream up a genre other than fantasy, problems like this would be averted...

    But Reality is public domain and some people have difficulty figuring out how to make money from it.

  13. Well, here in the UK... by Anonymous Coward · · Score: 1, Insightful

    They've trademarked 'Ka' - which is almost just as bad.

    The Mythic/Mythica argument is stupid. Mythic is a company with a Camelot-era game, Mythica is a Norse-era game. Should a company really get sued for putting out a game called ID, Valve, or Rock Star?

  14. total BS by nuintari · · Score: 3, Insightful

    Oh no, they are using norse and Arthurian legend in a game? heaven forbid their be more than one game of that out there, next you'll be telling me that some company that puts out a world war 2 fps is gonna sue all the other companies that put out a ww2 fps.

    jesus christ people, you didn't invent the legends, you based a game on them. Microsoft decided to do the same, for once in my life I am siding with microsoft.

    That is it, from this day forth, let it be known that I created egyption history. My first order of business will be to sue the Toledo Museam of Art because they have an Egyption section featuring a MUMMY, and we all know that I thought of mummification first damnit!

    Lawsuits lawsuits lawsuits, I f'ing swear. Companies don't make money by producing anything anymore, they just sue each other all day long. First we kill all the lawyers, then all the lawsuit happy morons in this god forsakken country, then we kill ALL CEO's and anyone who still works at SCO.

    I would like to mention, my fever is at 103....

    --

    --Nuintari

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