Dawn of the Dead Rising spat intensifies

By Robert Purchese Published 14 February, 2008

Mall zombies an "unprotectible idea".

Capcom is seeking a declaration from US courts to prove Dead Rising did not copy Dawn of the Dead films in any way.

The publisher claims the game and the films have "vastly different storylines" and share "only the very general, unprotectible [sic] idea of zombies in a shopping mall".

Capcom was contacted by self-proclaimed owner of the film rights The MKR Group in 2006, and was accused of infringing on copyrights covering both George A. Romero's Dawn of the Dead from 1979 and remake Dawn of the Dead from 2004.

According to the Capcom document the two had talked sporadically for the intervening years, until earlier this month MKR said it would file a trademark infringement suit unless Capcom, Microsft and Best Buy reached agreeable terms in the next three weeks.

MKR also said it would no longer turn down requests to be interviewed about the parties' dispute if things were not resolved.

Dead Rising, if you remember, has you play as reporter Frank West who ships up in a mysterious town to investigate some strange goings on. He later finds out zombies are to blame and goes around killing bundles of them with all sorts of handy props.

Dawn of the Dead, the remake - because we've not seen the other one - has the US under attack from a plague that resurrects the dead as zombies. Four survivors use a mall as a fort and spend time whittling away the hours by sniping the walking dead from rooftops and having a good old laugh.

Both are undeniably similar both in tone and content, and we would recommend you rent either for a spot of entertainment.

Picture of Robert.

About Robert Purchese

Bertie is Eurogamer's Senior Staff Writer. When he's not hunting down news stories he's often found playing with his kids or gabbling about fantasy games and strange online worlds.

Read more articles from Robert by visiting the Robert Purchese archive page.

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Comments (46) Latest comment 4 years ago

Comments threads automatically close after 30 days, but please feel free to continue chatting on the forum!

  • Saladin #1 4 years ago

    Dead Rising was more of a tribute or parody than a rip-off. This lawsuit is like the makers of 300 suing over Meet the Spartans.

  • seasidebaz #2 4 years ago

    omg this is silly, although....

    the makers of the world's first film featuring a gun that shoots at things should sue every game company EVER for their portrayal of guns that shoot at things.

    idiots.

  • Der_tolle_Emil #3 4 years ago

    I really don't see any differences between the two with the obvious exceptions of the Zombies and the Mall. I'm sure though that there are more movies that feature Zombies in a mall.

    Besides, I remember on previews etc. there was always a footnote noting that the game has nothing to do with Dawn of the Dead.

  • tjlazr #4 4 years ago

    There's no protection for the ideas. Any IP lawyer will tell you that.

  • DDevil #5 4 years ago

    The original DOTD has the same basic premise as the remake, only they have a chopper in original and it ends differently.

  • bad09 #6 4 years ago


    How can you not of seen the original best zombie movie EVER!

    This is a difficult one, whilst the story was different There is no doubt whatsoever Capcom 100% knew they was ripping off DOTD.

  • cyacomini #7 4 years ago

    Best Buy?

    And what does it have to do with them?

    quizical.

  • Fwing #8 4 years ago

    Day of the Dead > Dawn of the Dead

  • Skeletor #9 4 years ago

    The MKR Group is a bunch of greedy lawyers who have NOTHING to do with the makers of the films (like George A. Romero). I wouldn't be surprised if Capcom's game actually made a lot of people buy or rent the two movies after playing. Those MKR idiots should be grateful.
    As already stated above, Dead Rising was intended as a tribute to Romero' s Dawn of the Dead. It wasn't even the first time they did this - in many interviews developers of the original Resident Evil admitted that Romero's first two "Dead" films were always a big inspiration. It was George A. Romero who basically invented the slow walking and flesh eating zombie, not some braindead MKR lawyer.
    Edited by 1 at 14/02/08 @ 11:56

  • AcidSnake #10 4 years ago

    Day of the Dead > Dawn of the Dead
    Crazy...

  • dazzaman #11 4 years ago

    @Saladin

    Everyone should sue the makes of Meet the Spartans for making such a huge steamer! (In my opinion of course).

    Dead Rising has a LOT more zombies bet Romero (and whoever made the remake) wish they had thought of that.

    Dead Rising sold so well because of the zombie/mall thing, hell there was a black and white Spectrum game called I think Zombies that was set it a mall, Romero didn't go after them.

    Utter shite, just greed, simple.

    Oh and they should base the next Dead Rising in Manchester Cathedral.

  • septimus #12 4 years ago

    They are just trying their luck. Nothing should come of it... but who knows with the law in the colonies ;)

    Both are great in their own right and are of detriment to each other, so what's the problem? Oh yeah, greedy motherf*****s.

    -edit- ^ Awesome idea about the Cathedral ^ That would be stunning.
    Edited by 1 at 14/02/08 @ 11:55

  • redneon Verified Programmer, SUMO Digital #13 4 years ago

    @bad09:

    "How can you not of seen the original best zombie movie EVER! "

    HAVE! HAVE! HAVE! AAAAAAAAAAAAAAAAAAAAAAAAARRRRGGGGHHHHHH!

    It is a particular pet pieve of mine, as you may have noticed.

    How can you not HAVE seen the original......!

  • Lebowski #14 4 years ago

    Dawn of the Dead > Day of Dead > any other film > Phantom Menace

    Bit late in the day to be getting like this, isn't it? Romero should get together with Capcom - in my mind the two parties who 'reanimated' (sorry) the zombie genre. Romero with 'Night', Capcom with Resi - and build / create something new and zombie.

  • Uncle_Fishboy #15 4 years ago

    Erm, there's more than 4 survivors in either DOTD film. And the first one is much better, bar the brief scene in the new one where the blonde chick gets rutted from behind.

  • BillyBrush #16 4 years ago

    Saladin
    14-Feb-08 11:25:05 Dead Rising was more of a tribute or parody than a rip-off. This lawsuit is like the makers of 300 suing over Meet the Spartans.

    The director of 300 did direct the dawn of the dead remake...not a whole lot to do with this but interesting...pretty good movie, and they might just have watched it..Brad = ving rhames

    with the suing that happens with americans i wouldn't be surprised if they try and sue for the tonight we dine in hell acheive on DMC!

  • MrChuckles #17 4 years ago

    Original Dawn Of The Dead > Day Of The Dead > New Dawn of The Dead.

    Nuff said.

  • xAx #18 4 years ago

    diaryofthedeadlol

  • bad09 #19 4 years ago

    @ redneon

    LOL!

    My regrets humble, my english good not so...

  • king_skins #20 4 years ago

    @ DDevil: and the original is political swipe at consumerism

  • asphaltcowboy #21 4 years ago

    "MKR said it would file a trademark infringement suit unless Capcom, Microsft and Best Buy reached agreeable terms in the next three weeks."

    /loves how "agreeable terms == money"

    "Dead Rising, if you remember, has you play as reporter Frank West who ships up in a mysterious town to investigate some strange goings on."

    He's covered wars y'know!

  • BooMMooB #22 4 years ago

    well, I'm sure this whole deal happend because the MKR group lawyers where having a blast drinking loads of beer and playing Dead Rising when one of them suddenly made a comment on how Dawn of the dead also featured a mall and zombies.

    Then they were all suddenly angry that Dead Rising is just a hell of lot more fun than any of the movies.

    I know - Sad, but true.
    Edited by 1 at 14/02/08 @ 12:41

  • glaeken #23 4 years ago

    Odd whoever wrote the article says they have not seen the original dawn of the dead but then go on to say the remake is about 4 survivors in mall when it was the original film that only had 4 survivors and the remake had a lot more survivors.

    / I really must get out more.

  • JayPee #24 4 years ago

    The original movie IIRC, is pretty darn good.

    What with all entertainment being derivative, I'd say as long as capcom didn't infringe on the direct copyright (i.e. name, plot) the zombies in a mall concept is fair game.

    FFS this game came out AGES ago.

  • bushwod #25 4 years ago

    how have you not seen the original Dawn of the Dead?

    For shame EG, for shame.

  • Bertie Verified Senior Staff Writer, Eurogamer.net #26 4 years ago

    Sorry :(

    I quite like Dawn of the Dead, so I'll add the original onto my Love Film list that I never seem to use anymore even though I pay for it.

  • jonsaan #27 4 years ago

    New Dawn of the Dead is simpley awesome viewing.
    Edited by 1 at 14/02/08 @ 13:20

  • Dr_Wadd #28 4 years ago

    @ dazzaman

    Is that the Ubi game you're talking about? I always wondered whether that was officially endorsed given how closely that game followed the plot of Dawn, particularly the cleaning up of the mall.

  • daveo #29 4 years ago

    In that case Valve should sue the producers of "Jumper" for infringing their copyright on Portal.

    Actually the estate of Alfred Bester should sue the makers of Jumper, but thats another story.....

  • xagarath #30 4 years ago

    The original Dawn of the Dead is infniitely better, I might add. It actually features intelligent subtext.

  • Kyle #31 4 years ago

    @Skeletor

    You pretty much said was I was about to say. If you've never seen Dawn of the Dead, and you played (and liked) Dead Rising, then the warnings all over the place saying "Nothing to do with George A. Romero or Dawn of the Dead btw" would make you want to go get Dawn of the Dead. Of course they're similar ideas, no doubt, but like everyone is saying, I've always seen it as more of a homage than a rip-off.

    Besides, if what Capcom says is true and the idea of zombies in a mall isn't protectable, then this whole endeavor is fucking pointless anyway.

  • Mr_Brown #32 4 years ago

    If you can sue a company for making something that has similar ideas and locations to theirs would FPS publishers be suing each other left right and centre??

    Ridiculous, Dead Rising has a simular Mall and idea of having hordes of Zombies. But the stories couldn't be more different. Dead Rising is about insects infecting people, which are a by product from a failed goverment experiment to increase meat production from cows . Dawn of the dead mean while is about a disease that has spread throughout a city/town and follows the survival of a few survivors who take refuge in a mall and later get attacked by a group of motor cyclists. They're just two seperate ideas in the same genre, black comedy/ zombie horror. Thats all.

  • kangarootoo #33 4 years ago

    "Dead Rising has a LOT more zombies bet Romero (and whoever made the remake) wish they had thought of that. "

    Lol.

    I like the idea that the film makers sat there looking at the final edit and said "I can't believe it didn't occur to us to put EVEN MORE zombies in our zombie film".

  • kangarootoo #34 4 years ago

    @daveo

    Jumper is based on a novel of the same name.

    [link url=http: //en.wikipedia.org/wiki/Jumper_%28novel%29
    ]http://en .wikipedia.org/wiki/Jumper_%28n...[/link]

    So someone should maybe be suing Steven Gould.

  • dazzaman #35 4 years ago

    @Dr_Wadd

    That's the kiddie, glad you are old enough to remember this as well. You're right it did follow the film quite closely from what I remember.

    I think Capcom did things the way they did them as there are so many fans of Dawn of the Dead (just the original alone) that people would buy it but the story is so far removed from the plot of either film to avoid too much trouble. I'd been crying out for a game like this for years and then when I saw it on a friends 360 I was dead sad as it wasn't really the game I wanted to play (due mainly to the constant phone rining thing)..

    If MKR win watch out for zombie films set bloody everywhere so that Resident Evil or Dead Rising will be so limited to where they are set for fear of beng sued.


    Edited by 1 at 14/02/08 @ 14:28

  • dazzaman #36 4 years ago

    @kangarootoo

    And I bet they wish they'd have thought of spawn points as well, that would have made the mall clearing scene a bit longer!!!

    I didn't play Dead Rising all the way through so sorry if facts are a little off but the bit I played I killed like 100 zombies in one corridor to go to another part of the mall, straight back and there they are again.

  • Triggerhappytel #37 4 years ago

    So, if you were to remove the mall setting, does this leave any similarities? Not really, apart from generic zombie cliches. Capcom knowingly made this game as a slightly satirical tribute, but then (somewhat ironically) went to great lengths to distance themselves from the movie (with disclaimers saying it had nothing to do with the movie all over the place). Surely people can't sue over a concept or setting, or else the Tolkien company would probably be sueing every fantasy book and movie of the last fifty years.

    I hope these wankers get nothing out of Capcom.

  • wizbob #38 4 years ago

    Ubisoft better watch out; their first game involved a reporter and three survivors fending off zombies in a shopping centre.
    Edited by 1 at 14/02/08 @ 14:34

  • Triggerhappytel #39 4 years ago

    Oh, and for the record I preferred the remake to the original DotD. In the original it had the useless old zombies who shuffle along at about 2mph and whose reactions are slower than a ninety year old - they just weren't scary. The post-28 Days Later fast zombies in the remake were better, and overall I just thought it was a better-produced film with a decent cast and good special effects.

  • dripping_brain #40 4 years ago

    @Triggerhappy: Devil's Advocate surely?

  • Nithron #41 4 years ago

    Ugh, it's shit like this that's wrecking the world. Vast numbers of useless tossers abusing the legal system, and politics, to make vast amounts of money without giving anything back to society, like a giant horde of suit-wearing slick-haired parasites.

  • p00ntang #42 4 years ago

    original
    BEST
    FILM
    EVER

  • Ryze #43 4 years ago

    @redneon

    I'm correcting you for not HAVING corrected bad09's missing question mark.

    :-P

    So there.

  • Mr_Brown #44 4 years ago

    I liked the remake, but I prefer the original. Its got that black humour and doesn't take itself too seriously, like most horror films these days don't have. The remake is just a Zombie blasting gore fest.

  • ZuluHero #45 4 years ago

    i dunno... that safe room at the top of the mall (where rescued survivors hung out) felt awfully similar to the room that they lived in in the original DotD movie. Even the fact that you had to use the air ducts to get around?

    I hope nothing comes of this, i'd hate to see it that people stop making great games just because they border roughly on a mildly similar concept...

  • Grom #46 4 years ago

    @kangarootoo

    "Jumper is based on a novel of the same name.

    http://en .wikipedia.org/wiki/Jumper_%28n...


    But as daveo rightly pointed out this Jumper book which I've never read sounds almost identical to The Stars My Destination by Alfred Bester which was written in, er, 1956.