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Cryptic's Retort to Marvel

Posted by Zonk on from the tttttthhhhhhhpppppppp! dept.

Voodoo Extreme has a short blurb with links to the players in the Marvel vs. Cryptic legal battle. The short response from Cryptic says it all: "As reported by The Associated Press, Marvel Enterprises Inc. and Marvel Characters, Inc. have sued NCsoft Corporation and Cryptic Studios. The complaint is meritless. Cryptic Studios is confident that the District Court will reject all of Marvel's claims and fully vindicate Cryptic Studios in all respects."

16 of 47 comments (clear)

  1. Marvel may have one minor point... by LordZardoz · · Score: 5, Insightful

    If Marvel is suing because I can play City of Heros and create a character that is modeled after, say, the Incredible Hulk, that is a large green superstrong hero, then they are in the wrong.

    But if cryptic is puting out advertisements with characters that look to have the same powers and appearance of various Marvel Superheroes, like the Hulk, or Cyclops, or Spiderman, then Marvel has a point.

    My opinion regardless of written law:

    I think that Cryptic has the right to make a game where i can design a superhero of my choosing, regardless of what I used as inspiration.

    I think that Cryptic cannot market their game by trading on the popularity of characters created by Marvel without Marvels permission.

    END COMMUNICATION

  2. Maybe cryptic, but... by Jaeph · · Score: 3, Interesting

    ...in my time playing the game I've seen countless blatant hulk, wolverine, and superman rippoffs, both in name and look. There's your Kal-els in blue & red, your bearded Logans, and your big, green, angry looking Bulks.

    I don't like what marvel's doing, but if I can spot these things without trying, isn't there an argument that Cryptic isn't trying hard enough to prevent these?

    -Jeff

    --
    Please learn the difference between a dissenting opinion and a troll before you moderate.
    1. Re:Maybe cryptic, but... by over_exposed · · Score: 4, Interesting

      Why should they?!? Example (borrowed from someone else in the first story about this): You buy a crayon set (a nice one w/ the sharpener and averything) and some paper from me. I say, "Try drawing your favorite cartoon characters." You, in turn, use your amazing "skills of an artist" (thanks strongbad) to draw several fantastic recreations of Micky Mouse, Pluto, and Donald Duck. Does Disney then have the right to sue me for copyright infringement?

      --
      "The object of war is not to die for your country, but to make the other bastard die for his." - Patton
    2. Re:Maybe cryptic, but... by Sandman1971 · · Score: 4, Informative

      Cryptic has for the longest time been renaming characters that infringe on TMed comic book characters (at least Marvel named. Hence why you see Unamed Hero running around sometimes. These are characters that have been renamed). So you can say that Cryptic is doing something about not infringing on trademarks and copyrights.

      --
      It's better to burn out than to fade away
    3. Re:Maybe cryptic, but... by over_exposed · · Score: 2, Insightful

      Isn't that the basis of the story?

      --
      "The object of war is not to die for your country, but to make the other bastard die for his." - Patton
  3. People can't help it. by lasmith05 · · Score: 2, Insightful

    I think most of us are super unoriginal and like to make our characters like our favorites.

    --
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  4. A question by Moby+Cock · · Score: 3, Insightful

    I have not played the game, so I ask this. Is the character generator very generic or are there specific character models available?

    The discussions on this game to date have never been entirely clear on this. I ask because, it seems to me, that if the character generator is generic and players choose to model their avatar after Superman or the Hulk then that can hardly be the fault of the game maker. If they are premade charcter types that borrow heavily from Marvel or DC property then this is a whole different kettle of fish.

    So gamers, I ask of you, which is it?

    1. Re:A question by Babbster · · Score: 5, Informative

      I refer you to my post in the previous discussion because, well, I'm a friggin' genius.

    2. Re:A question by Piscine+Disputant · · Score: 3, Insightful

      I played until recently. There are no premade characters per se, but there are things like the "bulky" character model, and individual items like a visor that resembles cyclop's, a haircut that resembles wolverine's, things like that.

      My own personal view is that since the character creation options run into the billions, Marvel is making an ass out of itself with this lawsuit. Perhaps next they will sue Bic or HB for making drawing implements with no safeguards to prevent the user from sketching Marvel characters.

      P.S. I am never buying or paying for another Marvel product ever again.

  5. Wow, there goes my wardrobe by JavaLord · · Score: 4, Funny

    the complaint is meritless. Cryptic Studios is confident that the District Court will reject all of Marvel's claims and fully vindicate Cryptic Studios in all respects."

    Does Marvel has a copywrite on characters wearing blue and yellow spandex? If so, there goes all my weekend outfits.

  6. That's actually a bad thing. by TheSHAD0W · · Score: 3, Interesting

    If Marvel can show that Cryptic has been policing its game with regards to character names, they can claim Cryptic felt a responsibility there, which should logically extend to the character configurations as well. Never mind that it's a lot more difficult to determine whether a particular body style/suit color combination gets too close than to match text strings. The law is kinda funny that way.

  7. Yes, but by Ghost429 · · Score: 2, Informative

    I believe that Cryptic has been looking at character designs as well. In their Terms of Agreement, they say that it is illegal to make characters based off of Marvel or other comic book characters, and that these characters will be deleted when found. So, no worries for Cryptic. Marvel is just trying to get them to lose players for their own MMORPG

    --
    I already know i'm going to hell, now i'm just trying to get cable down there.
  8. they can't help it by Julian+Morrison · · Score: 3, Insightful

    How could they avoid "market[ing] their game by trading on the popularity of characters created by Marvel without Marvels permission"? If it hadn't been for Marvel and DC, who would have thought of "guy who flies while wearing his underpants on the outside" etc etc as a game topic?

    1. Re:they can't help it by LordZardoz · · Score: 2, Insightful

      They can avoid it the same way that the new movie, "The Incredibles" avoided completely ripping off the Fantastic 4.

      Even though 3 of the 4 main characters had literal power matches to the Fantastic 4, they werent direct ripoffs.

      An indirect ripoff is to be expected. But its not too hard to throw a cape and tights on someone and have it not be a Superman ripoff. Just make the guy blond, and dont use blue tights and a red cape.

      END COMMUNICATION

    2. Re:they can't help it by G-funk · · Score: 2, Interesting

      Well since they were pretty much all ripped off The Phantom, I think they should all have a coke and a smile, and shut the fuck up.

      --
      Send lawyers, guns, and money!
  9. Slippery slope this one by Attaturk · · Score: 2, Insightful

    After all anyone that plays MMORPG's has bumped into more than their fair share of characters named Legolas, Gandalf, Drizzt etc. Is every MMORPG developer going to have to censor player characters in case they bear a resemblance to a character portrayed somewhere in popular fiction? IMHO Marvel should shut up - CoH has helped feed the ongoing superhero zeitgeist, which is much more help than hindrance.