Now, let’s not be hasty
November 13th, 2004 by Kelson. Posted in ComicsMarvel is suing City of Heroes’ makers for copyright and trademark infringement. What’s that, you say? The game doesn’t have any Marvel characters or lookalikes built-in? Of course not—they’re suing because it’s technically possible for players to design a character with a similar costume and use a similar name. Sure, it’s against the terms of service, and they try to stop it when they find it, but people do it anyway.
But note: the game makers aren’t the ones doing the infringement. As I understand it, the character designer is rather like HeroMachine: you pick a body type, colors for different parts of the costume, accessories and masks, etc. So sure, you can create a brick, make him green and give him purple shorts… but it’s not as if they built in textures and symbols specifically to make a Spider-Man costume.
I’ve only read about half the comments on the thread where I found this, but many of them seem to misunderstand the situation as if CoH were the ones designing or providing patterns for the knock-off characters. If someone puts out a “How to Draw the X-Men” book without authorization, then sure, you sue them, but if they sell “How to Draw Super-Heroes” and people can apply those skills to Wolverine, you don’t have a case… and you definitely don’t sue the people who made the pencils and paper!
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2 Responses to “Now, let’s not be hasty”
By Kelson on Nov 18, 2004
From BBspot: Marvel Sues Makers of Pens, Pencils. It looks like someone else had the same idea. (Found via Metafilter.)