Marvel, NCsoft settle lawsuit
No changes to City of Heroes.
NCsoft has settled its lawsuit with Marvel Entertainment in a deal which will not force the publisher to make any changes to its popular PC MMORPG, City of Heroes, after all.
Marvel filed suit against NCsoft last November, claiming that CoH players were creating characters in the likeness of Marvel superheroes and thereby infringing copyright. It marked the first time a publisher had been sued over content created by players and, had Marvel won the case, could have set an important precedent.
But under the terms of the undisclosed settlement, NCsoft is not required to make any changes to the character creation options in City of Heroes or its expansion, City of Villains.
"The parties' settlement allows them all to continue to develop and sell exciting and innovative products, but does not reduce the players' ability to express their creativity in making and playing original and exciting characters," NCsoft said in a statement.
"The parties have agreed that protecting intellectual property rights is critically important and each will continue aggressively to protect such rights in accordance with all applicable laws.
"All parties agree that this case was never about monetary issues and that the fans of their respective products and characters are the winners in this settlement."
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Comments (12) Latest comment 6 years ago
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/pedant
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So how are they going to stop you making a Wolverine-a-like character without limiting your creativity?
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No large amounts of cash were involved.
"/pedant" - Oi that's my job! OK, or variations of Legolas Elfking...
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NCsoft are pretty damn rigorous at banning people which copyright infringing names or appearances. It wouldn't surprise me if the payout was fairly small or non-existent as it's not clear that they were infringing copyright.
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"Good thing for future games of any sort, I guess"
Actually an out of court settlement sets no precident, so Marvel could still try and sue someone else over a similar issue. Had it gone to court and Marvel lost, they would have problems bringing successful cases of this type in the future. So it was probably in their interest to settle for that reason and in NCsoft's interest because of potentially huge legal bills.
Thats wot I fink anyway.