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Marvel Sues Two Companies Over Video Game Characters Marvel Enterprises is suing two firms behind a computer superhero role-playing game it claims allows players to make virtual characters that are too similar to "The Hulk," "X-Men" and other heroes in the comic book company's stable. The lawsuit claims South Korea-based NCSoft and San Jose-based Cryptic Studios violated Marvel's trademark characters in their game City of Heroes. Read more: http://www.gigalaw.com/newsarchives/2004_11_13_index2.html#110036237412372810 (Source: USA Today)
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Wah. Why not sue THQ while they're at it? The create-a-wrestler feature in the Smackdown games allows you to make characters that look like Marvel superheroes. Marvel should feel honored that people want to pay homage to characters they love.
Knutreturns said: Spoken like the true Greatest RDCW Champ!
All hail King Snarf!
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Marvel's view, and no doubt the views of their shareholders, is that they're private property and can't be used withouot permission of Marvel. Otherwise, why would people pay them license fees to use the characters?
I seem to recall that Marvel chased some game company a few years ago over the use of skins, but I didn't follow it closely enough....
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I'm surprised the Tony Hawk games haven't been hit yet.
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What is in the Tony Hawk game?
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One of them had a Wolverine skin and maybe a Spider-Man skin.
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One of them also had Iron Man. But those were agreed upon when the game was made.
Marvel is making its own online game. They want their characters in their game.
November 6th, 2012: Americas new Independence Day.
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Hawk's software company no doubt licensed the right to use the skins from Marvel (as well as Hawk himself, who would have been paid a bundle for it).
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HULK LIKE WORKING FOR MARVEL! HULK NOT LIKE NOT GETTING PAID FOR VIDEO GAME APPEARANCES! HULK GO TO KOREA AND SMASH PUNY VIDEO GAME DESIGNERS!
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Can someone tell me exactly what a "skin" is?
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Basically, games like The Sims and Freedom Force allow gamers to create their own skins (or outer appearances) of their characters. So, basically, what a gamer does is take the usual body frame of one of the games characters and paints over it whatever he/she likes. That means they can create costumes like those worn by their favorite super heroes. City of Heroes allows you to mix and match different aspects of costumes that could allow someone to piece together a duplicate of one from a comic book, though I hadn't seen any on there while I was beta testing the game.
whomod said: I generally don't like it when people decide to play by the rules against people who don't play by the rules. It tends to put you immediately at a disadvantage and IMO is a sign of true weakness. This is true both in politics and on the internet." Our Friendly Neighborhood Ray-man said: "no, the doctor's right. besides, he has seniority."
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HULK SAY SKIN IS WHAT IS ON YOUR BODY STUPID! HULK SAY DAVE KEEP HIS MOUTH SHUT! HULK SAY DAVE SHOULD STOP ASKING STUPID QUESTIONS!
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I don't care what anyone else says. The Zod ID is still funnier than this one.
whomod said: I generally don't like it when people decide to play by the rules against people who don't play by the rules. It tends to put you immediately at a disadvantage and IMO is a sign of true weakness. This is true both in politics and on the internet." Our Friendly Neighborhood Ray-man said: "no, the doctor's right. besides, he has seniority."
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Quote:
thedoctor said:
Basically, games like The Sims and Freedom Force allow gamers to create their own skins (or outer appearances) of their characters. So, basically, what a gamer does is take the usual body frame of one of the games characters and paints over it whatever he/she likes. That means they can create costumes like those worn by their favorite super heroes. City of Heroes allows you to mix and match different aspects of costumes that could allow someone to piece together a duplicate of one from a comic book, though I hadn't seen any on there while I was beta testing the game.
So you choose random elements, or can you just pick, say, a "Hulk" skin?
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Quote:
thedoctor said:
I don't care what anyone else says. The Zod ID is still funnier than this one.
HULK MAD! HULK SMASH DOCTOR WITH HIS FISTS! HULK TAKE DOCTORS GAY HAT ASS SHOVE IT UP HIS ASS! HULK BETTER THAN STUPID ALIEN!
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You'd have to pick a Tank character, which is a big guy. If I remember correctly, you can then do some slight alterations to create or take away body mass in certain areas like chest, legs, arms, etc. You could then choose to change the color of the character's skin to green. Then, you'd have to choose to not have a shirt on, ripped jeans, and no shoes. You could also play with the hair and face types to get the look you want.
whomod said: I generally don't like it when people decide to play by the rules against people who don't play by the rules. It tends to put you immediately at a disadvantage and IMO is a sign of true weakness. This is true both in politics and on the internet." Our Friendly Neighborhood Ray-man said: "no, the doctor's right. besides, he has seniority."
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Quote:
the hulk said:
Quote:
thedoctor said:
I don't care what anyone else says. The Zod ID is still funnier than this one.
HULK MAD! HULK SMASH DOCTOR WITH HIS FISTS! HULK TAKE DOCTORS GAY HAT ASS SHOVE IT UP HIS ASS! HULK BETTER THAN STUPID ALIEN!
You're just mad because a tranvestite Kryptonian is more entertaining than you.
whomod said: I generally don't like it when people decide to play by the rules against people who don't play by the rules. It tends to put you immediately at a disadvantage and IMO is a sign of true weakness. This is true both in politics and on the internet." Our Friendly Neighborhood Ray-man said: "no, the doctor's right. besides, he has seniority."
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Quote:
thedoctor said:
You're just mad because a tranvestite Kryptonian is more entertaining than you.
It's funny because it's true. The entertainment quotient AND the transvesticism.
Plus, isn't this HULK id basically URG with copyright infringement?
Uschi said:I won't rape you, I'll just fuck you 'till it hurts and then not stop and you'll cry. MisterJLA: RACKS so hard, he called Jim Rome "Chris Everett." In Him, all porn is possible. He is far above mentions in so-called "blogs." RACK him, lest ye be lost! "I can't even brush my teeth without gagging!" - Tommy Tantillo: Wank & Cry, heckpuppy, and general laughingstock ![[Linked Image from i6.photobucket.com]](http://i6.photobucket.com/albums/y203/JoeMama13/RedSoxBanner05.png)
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OK, so its not like you actually get a "Hulk" skin. You effectively customise a character, and you can make it look like a famous character.
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Here is a full article: Quote:
LOS ANGELES - Marvel Enterprises Inc. is suing two firms behind a computer superhero role-playing game it claims allows players to make virtual characters that are too similar to "The Hulk," "X-Men" and other heroes in the comic book company's stable.
The lawsuit claims South Korea-based NCSoft Corp. and San Jose-based Cryptic Studios Inc. violated Marvel's trademark characters in their game "City of Heroes." Marvel seeks unspecified damages and an injunction against the two companies to stop using its characters.
The personal computer game enables players to design superheroes' look and abilities and then battle against other players' characters in a virtual city. Like similar so-called massively multiplayer role-playing games where thousands of players can be playing simultaneously at any given time, "City of Heroes" claims to offer a myriad of combinations so that no two players' characters are exactly the same. advertisement
But in its lawsuit, filed Wednesday in U.S. District Court, Marvel argues that the game's character creation engine easily allows players to design characters that are virtual copies of its own superheros, including "The Incredible Hulk."
The company singles out a game feature for creating "a gigantic, green, 'science-based tanker'-type hero that moves and behaves nearly identically" to the "Hulk." Players can also create a "mutant-based" hero powers and a costume nearly identical to Marvel's "Wolverine," according to the suit.
The New York-based company also took issue with the ability of players to go so far as to name their superhero creations after Marvel comic book characters.
Marvel claims the firms' are responsible because the game is played on servers operated by the companies, raising the question of whether a company is responsible for their customers' actions on its computer server.
Marvel also claims the companies have disrupted its "existing and future" business prospects for licensing its characters in video games similar to "City of Heroes."
An e-mail sent to NCSoft seeking comment was not immediately returned after-hours Thursday. No number was listed for Cryptic Studios.
The Marvel lawsuit appears to be the first to raise this question in the scope of an online game. But early copyright infringement lawsuits brought by recording companies against pioneer file-sharing service Napster successfully argued Napster was liable for its customers' sharing of music online because they could do so only by accessing the company's computer system.
The argument can still be made that "City of Heroes" is only empowering users to the same degree that an establishment like Kinkos enables customers to make paper copies of copyrighted material, said Fred von Lohmann, senior intellectual property attorney with the Electronic Frontier Foundation.
"Is it a violation of copyright to make up a character in the virtual world or is that fair use?" von Lohmann said. "This is really untested ground in the courts."
This is where I change my mind. City of Heroes has no control over the characters created by users.
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Quote:
Dave said:
OK, so its not like you actually get a "Hulk" skin. You effectively customise a character, and you can make it look like a famous character.
Indubebly.... indubably...
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Yes.
whomod said: I generally don't like it when people decide to play by the rules against people who don't play by the rules. It tends to put you immediately at a disadvantage and IMO is a sign of true weakness. This is true both in politics and on the internet." Our Friendly Neighborhood Ray-man said: "no, the doctor's right. besides, he has seniority."
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Nothing can beat ZOD!!! Not even theat green impotent.
KNEEL before ZOD!!
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Quote:
ZOD said:
Nothing can beat ZOD!!! Not even theat green impotent.
KNEEL before ZOD!!
ZOD RIGHT! HULK IMPORTANT! NOT LIKE STUPID ALIEN!
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Quote:
thedoctor said:
Quote:
Dave said:
OK, so its not like you actually get a "Hulk" skin. You effectively customise a character, and you can make it look like a famous character.
Indubebly.... indubably...
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Yes.
Well, I don't know about City of Heroes, but in some other games, like The Sims, you can get predesigned skins from the net. Of course, the companies that make these games would never provide skins that look exactly like Marvel characters or whatnot themselves, but there are plenty of sites out there that are devoted to providing superhero and celebrity skins for VG characters.
Also, Dave, I think The Sims 1 was the game you were referring to earlier. I think I remember Marvel trying to sue them over infringement, because people were putting superhero skins for upload on the EA website.
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Quote:
Wednesday said:
Well, I don't know about City of Heroes, but in some other games, like The Sims, you can get predesigned skins from the net. Of course, the companies that make these games would never provide skins that look exactly like Marvel characters or whatnot themselves, but there are plenty of sites out there that are devoted to providing superhero and celebrity skins for VG characters.
Also, Dave, I think The Sims 1 was the game you were referring to earlier. I think I remember Marvel trying to sue them over infringement, because people were putting superhero skins for upload on the EA website.
Quote:
thedoctor said:
Basically, games like The Sims and Freedom Force allow gamers to create their own skins (or outer appearances) of their characters. So, basically, what a gamer does is take the usual body frame of one of the games characters and paints over it whatever he/she likes. That means they can create costumes like those worn by their favorite super heroes.
whomod said: I generally don't like it when people decide to play by the rules against people who don't play by the rules. It tends to put you immediately at a disadvantage and IMO is a sign of true weakness. This is true both in politics and on the internet." Our Friendly Neighborhood Ray-man said: "no, the doctor's right. besides, he has seniority."
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Quote:
Dave said:
OK, so its not like you actually get a "Hulk" skin. You effectively customise a character, and you can make it look like a famous character.
Quote:
Wednesday said:
...you can get predesigned skins from the net. Of course, the companies that make these games would never provide skins that look exactly like Marvel characters or whatnot themselves, but there are plenty of sites out there that are devoted to providing superhero and celebrity skins for VG characters.
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Quote:
Wednesday said:
Quote:
Wednesday said:
...you can get predesigned skins from the net. Of course, the companies that make these games would never provide skins that look exactly like Marvel characters or whatnot themselves, but there are plenty of sites out there that are devoted to providing superhero and celebrity skins for VG characters.
Quote:
the hulk said:
HULK LIKE WORKING FOR MARVEL! HULK NOT LIKE NOT GETTING PAID FOR VIDEO GAME APPEARANCES! HULK GO TO KOREA AND SMASH PUNY VIDEO GAME DESIGNERS!
whomod said: I generally don't like it when people decide to play by the rules against people who don't play by the rules. It tends to put you immediately at a disadvantage and IMO is a sign of true weakness. This is true both in politics and on the internet." Our Friendly Neighborhood Ray-man said: "no, the doctor's right. besides, he has seniority."
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fudge 4000+ posts
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Quote:
Dave said:
Quote:
thedoctor said:
Basically, games like The Sims and Freedom Force allow gamers to create their own skins (or outer appearances) of their characters. So, basically, what a gamer does is take the usual body frame of one of the games characters and paints over it whatever he/she likes. That means they can create costumes like those worn by their favorite super heroes. City of Heroes allows you to mix and match different aspects of costumes that could allow someone to piece together a duplicate of one from a comic book, though I hadn't seen any on there while I was beta testing the game.
So you choose random elements, or can you just pick, say, a "Hulk" skin?
there's NO actual Hulk skin in the game, nor are there any premade skins available, you have to costumize it yourself
Really, I don't see any grounds for a lawsuit here
 Racks be to MisterJLA
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Quote:
thedoctor said:
Quote:
Wednesday said:
Quote:
Wednesday said:
...you can get predesigned skins from the net. Of course, the companies that make these games would never provide skins that look exactly like Marvel characters or whatnot themselves, but there are plenty of sites out there that are devoted to providing superhero and celebrity skins for VG characters.
Quote:
the hulk said:
HULK LIKE WORKING FOR MARVEL! HULK NOT LIKE NOT GETTING PAID FOR VIDEO GAME APPEARANCES! HULK GO TO KOREA AND SMASH PUNY VIDEO GAME DESIGNERS!
touche
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Quote:
Wednesday said:
Quote:
thedoctor said:
Quote:
Dave said:
OK, so its not like you actually get a "Hulk" skin. You effectively customise a character, and you can make it look like a famous character.
Indubebly.... indubably...
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Yes.
Well, I don't know about City of Heroes, but in some other games, like The Sims, you can get predesigned skins from the net. Of course, the companies that make these games would never provide skins that look exactly like Marvel characters or whatnot themselves, but there are plenty of sites out there that are devoted to providing superhero and celebrity skins for VG characters.
Any idea where they are so I can get a look at them?
I have an ulterior motive, incidentally - I'm doing some extra study (a PhD on intellectual property in well-known personalities and character properties) and information on this will really help me out.
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Any of them, but specifically places on the net where you can get pre-customised skins.
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whomod said: I generally don't like it when people decide to play by the rules against people who don't play by the rules. It tends to put you immediately at a disadvantage and IMO is a sign of true weakness. This is true both in politics and on the internet." Our Friendly Neighborhood Ray-man said: "no, the doctor's right. besides, he has seniority."
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