By Britt Schramm
November 15, 2004
Okay, it’s official. My buzz from the BoSox World Series victorious sweep has been killed. Please stop clapping out there. I can hear that deafening noise from over here.
So, how did my seemingly endless Cloud Nine haze come crashing to a halt? Actually, it was all due to a pending legal case that will send shockwaves throughout not only the comics industry but continuing through the electronic community. What’s even worse is that I’m not just throwing around the old hyperbole like Peyton Manning when he plays the Chiefs.
Ya see, there’s this PC-based MMORPG (Massive Multiplayer Online Role-Playing Game for those who are not familiar with that excessively inane acronym) called City of Heroes. Maybe you’ve heard of it? If not, here’s a short game description that I pulled from their website:
The Super Powered Massively Multiplayer RPG - Welcome to City of Heroes, the online world that's home to an entire universe of heroes, where you and thousands of other players take on the roles of super powered heroes - in a stunning, 3D graphical world.
Super Powered Action and Adventure
* Create Your Own Hero - Choose from hundreds of different powers and design your own unique costume.
* Fight Evil! - Confront super villains, aliens, madmen, criminals, and other fearsome foes. Take on personalized missions and rid the city of several different evil organizations and hundreds of individual enemies.
* Form Your Own Super-group of Heroes - Band together with other players to fight evil and become the premiere hero group in the city!
* Explore the City - Explore the skyscrapers, slums, sewers and streets of Paragon City, a sprawling online metropolis that offers unlimited adventures and countless surprises.
* Live the Story - Become an integral part of twenty different ongoing story arcs as the villain groups menace Paragon City and react to player victories and defeats.
Alright, that’s enough their sales propaganda. And even though I’m not in the same league as a game reviewer like my boy, Ian, the resident Movie Poop Shoot game guru, it sounds like a great game, doesn’t it? And since I’ve always been more of a console jockey, I usually never drop the money for a PC-only game. But the idea that something like this for superhero geeks like me was very intriguing. And I’ve heard some good things about this game from comic book creators like Scott Kurtz from PvP. So, I was actually thinking of picking up the DVD version of this game and try it out.
That is until this headline that I read on Friday from the Associated Press via our friends at Newsarama…
“MARVEL SUES CITY OF HEROES PRODUCERS”
So, let’s break this down. In a nutshell, Marvel states that since the players of this widely popular game can make heroes with costumes and powers that directly mirror those of their brand-name characters, the producers of the game (NC Soft and Cryptic Studios) are in violation of those trademark infringement laws. As it always is with most lawsuits these days, Marvel is seeking an unspecified amount of monetary compensation as well as an injunction to stop the use of those characters in their gaming environment.
Any ruling for Marvel in this case will be historic not only for how far intellectual property rights can be taken by the owning companies but also for the ability of corporations to sue other corporations as a result of their customers’ actions while using the latter’s products. However, right now, this case is sending me into hysterics.
Can I tell you how ridiculous sounding this lawsuit sounds? It’s not like the game’s producers use Marvel characters to sell their title. And they can’t sell skins that can be used for this purpose since they can only be created within the game’s framework. Hell, the City of Heroes rulebook even has a written policy that the users cannot use trademark characters within this environment or they would be in breach of the Terms of Service. (Although, the official City of Heroes Strategy Guide didn’t help the plight of NC Soft and Cryptic Studios by including a strip of three different variations of a certain sawed-off hairy mutant called Wulferine, Wolvereen and Wulverine. Great way to not attract attention, guys. Who thought of this idea? Ron Artest?)
Isn’t this like commercial property management corporations suing spray can manufacturers due to an increase in graffiti tagging on their properties? I mean, come on, that’s just plain silly. Never the less, the mighty Marvel Inc, a company that is internationally renowned and has a fiscal budget that is probably worth more than most third world countries, is going after a group of the most evil and despicable people who are actively trying to steal from them – their fans. Talk about biting the hand that feeds you.
In the real world, wouldn’t this type of tribute be considered a complement because there are actual people who love these characters so much that they want to actually want to play them in a very cool interactive role-playing game? What’s really wrong with that? Again, it’s not like there is any money changing hands here.
Actually, that might be the problem here. Since Marvel is not getting any money out this situation, this lawsuit looks like of an out-and-out money grab. Marvel seems like they’re trying to sound like RT when he said on NE’s new Bad Boy release, “We need to stop playing and go on and get this money.” (And yes, I’m along time fan of those guys from Roxbury. And I know that I’m not the only one out there.)
Or it’s like Marvel is acting like a pregnant NBA groupie and trying to get as much money as they can while they still have a chance. Really, why do you think that Shawn Kemp still tries to get signed to a team? It’s not about getting a championship ring; it’s all about paying that child support.
There’s been a rumor that Marvel is trying to develop their own MMORPG. Has anyone seen it? So, while their MMORPG looks like it’s still in development hell, Marvel is still trying to pump out great products like the ultra-realistic Captain America costume (with a can of laughter included free) or those wonderful gold dollar coins with some cheap computer screened artwork on one side. Yeah, right, that’s what the fans want dropped their hard earned money towards.
Can I ask a question? When did Marvel get out of the comic book business? I know, I know. They still make them. But it looks like they’ve lost their focus and the books are just coming out on autopilot. You don’t think so? Then, let’s take a look at what’s on the docket for them in the next few months. Still churning out 50 something X-titles a month? Check. Coming out with tons of variant covers (like six different AVENGERS #1s including one that is a dealer’s exclusive)? Roger. Liefeld’s still on X-FORCE? As Smilin’ Stan used to say, “”Nuff said.”
One other thing: I have a beef with a thing that was said in the AP article. It’s the comparison of this case and the time when Napster was sued by the record industry due to its members sharing ripped MP3s of copyrighted songs simply by accessing their P2P client. Now sharing digital-quality copies of tracks from the just released EMINEM CD is one thing (and I’m sure that almost all of the world’s internet users have swapped music at one time or another) but to bring up that case in the same breath as some gamer trying to create a couple of online characters that resemble Dazzler or Morph for the sole use of playing within a virtual environment is almost laughable. Really, it’s not even comparable.
And what’s makes matters worse is that Marvel will probably win since the game’s developers would rather go for a quick and undisclosed settlement so they can police their own servers from those criminally inclined to create a She-Hulk clone rather than having them shut down by the courts. And if it does go down like that, the next thing that will happen is that you’ll need to get an authorized waiver from Marvel’s legal team in order for you to get a sketch of the mighty Power Pack from your favorite artist. Or you’ll be required to obtain multiple signed consent forms prior to getting that cool tattoo of Nova’s logo on your butt.
Where will it end? Will a kid have to write to Marvel corporate just so he can doodle the X-Men logo? I fear that much sooner than later, everything that has a hint of a Marvel character in it will have to be licensed out the ying-yang or someone will get a call from the law offices of Greenberg and Bederman. Instead of ambulance chasers, lawyers will be labeled Marvel License chasers. So, here’s to future days. Yee-haw!
Even though there’s really no way to stop this action from happening, I wish there was. Why can’t this lawsuit be about forcing NC Soft and Cryptic Studios to modify their game so it can be used on consoles (like my precious X-box)? Now, that would be a cause that I could get behind.
That’s all for now. See you next week. And don’t forget to keep your boards and bags together and keep your continuity straight. And I’ll leave you with a parting shot by the aforementioned Kurtz from Friday’s PvP.
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