Names that violate the EULA?
By
BBhumeBB,
Posted on: 2004-11-12 21:04 in CoH and CoV General Discussions
You're right. And even names like Hulk or Wolverine, which are words in the English language, should legally be fine if the character attached to them is nothing like the Marvel version (names like Captain America might not be however).
Yeah I understood that. "Captain America" is a unique combination of two common words used to name an original character. Same with "Batman", "Spiderman" etc. These are obviously unique names attributed to created characters.
I'm interested in Cryptics position regarding names in the public domain, such as those from mythology. Obviously, there have been characters in comics that are taken from mythology, but if we have a character with a mythological name but different appearance than the comic version, are they OK?
Again please don't flame this thread regarding the lawsuit. I'd like to hear people's opinions regarding this.
Eh, Marvel does NOT own the trademark OR copyright on Thor with a hammer. Mjolnir is as much a part of Norse Mythos, Thor in particular, as Thor is. They are intricately and intimately linked.
"I see your words..." ~The most menacing thing a forumite could say
No - the name AND the appearance together are what constitutes a true trademark infringement. However, there are complications, because honestly the trademark only actually applies to the EXISTING materials, and Marvel doesn't currently have a video mmo game to compete. Technically speaking they do hold that trademark, but they have never supported it with a product. They have 12 months since the date of incep on the tm for that specific product, so far as I can remember my tm studying (since I'm going to be tming some things myself) and if they don't they have to file an extention. Until then, though, they have to produce something in 12 months or forfeit it.
That is why, in a nutshell, you get Howard the Duck reappearing every 8 years or so. Because that tm only lasts 10 years tops. If they cannot prove that there is tangible profit or product being manufactured to support the trademark, they lose it. Period. There were a couple pieces, Robotech for one, which was originally lost to the american owners, because they did not hold on to it by making anything new in that period.
So essentially to hold on to a specific name tm there must be an accompanying product. In this case, a specific tm in terms of "video multiple player online computer" product. They do not have one.
The names, separately from the look, would be one of those things that a court would have to decide individually. The names from mythology and names which any person could have, "jennifer jones" "bruce banner" I mean, I don't know any myself, but I'm positive that with 6 billion people on the planet SOMEONE has those names... Harder to prove, impossible to keep. Bruce Banner, who changes into the Incredible Hulk (his proper name by the way, like Spider-Man and The Batman originally) on the other hand is a tm'able thing. It's an association to a particular.
Mythology though, I think there should be no restrictions on genericized versions.
Anyone remember who was suing whom over Nazis? Was it a game company vs a comic co or what? I'm such a geek that I know this stuff.... 
Please read my FEAR/Portal/HalfLife Fan Fiction!
Repurposed
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Anyone remember who was suing whom over Nazis? Was it a game company vs a comic co or what? I'm such a geek that I know this stuff....
[/ QUOTE ]I don't remember a lawsuit... but IIRC TSR (the company which published AD&D) had "Nazi" as either a copyright or trademark (I don't remember if it was an (c) or (r) after the name) in their Indiana Jones RPG.
As far as "batman" not being a common word... what if I made a hero who was an orderly to a British officer? 
Forum Game: Lower the Rep
You can't TM or Copyright mythological characters. They are public domain.
You CAN TM or Copyright /your/ version of those characters. But people on the game named Thor or Odin are just fine. There's Marvel's Thor, yes. But there's also a Thor in Savage Dragon, an Image comic. DC has had a Thor. Most comic companies have had a Thor of one sort or another.
Marvel Thor doesn't even look like Thor. The myths are very clear that Thor has bright red hair and a beard
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Same with "Batman", "Spiderman" etc. These are obviously unique names attributed to created characters.
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Batman
n.
A British military officer's orderly.
[Turk. batman.] A weight used in the East, varying according to the locality; in Turkey, the greater batman is about 157 pounds, the lesser only a fourth of this; at Aleppo and Smyrna, the batman is 17 pounds.
A man who has charge of a bathorse and his load
Now..Spider-Man I will grant you. But 'batman' is an existing word, and you'll still get your pants sued off if you use it
I have had discussions with the in-game GMs and the developers and my character's name was fine with them. I guess if I went with Man of Steel or Super-man that would be cause for editing
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Anyone remember who was suing whom over Nazis? Was it a game company vs a comic co or what? I'm such a geek that I know this stuff....
[/ QUOTE ]I don't remember a lawsuit... but IIRC TSR (the company which published AD&D) had "Nazi" as either a copyright or trademark (I don't remember if it was an (c) or (r) after the name) in their Indiana Jones RPG.
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It was a TM, and a rather famous gaffe in the industry :-)
My scrapper doesn't need an AoE. She IS an AoE.
I have a question. Would my character called Fan-Boy who looks like Superman and his alternate costumes look like Batman and the Hulk against the Terms of Service? He really isnt supposed to be them, just a guy dressed like them. I hope he isn't because I like him a lot.
Maybe you should ask support, I noticed that there are arguments both saying that you're kind of character is safe, as it is parody or not using image AND name. I also saw posts where people have said that unless you copy the look to the very last, minor detail, then you are not infringing upon copyright.
To be honest the whole mess seems to be verry complicated and maybe it would be better just to ask support what they think. If you say that you are prepared to spend some influence and change how he looks if needed, I'm sure they will be as fair as they can be. But they also may be VERY sensitive about this issue at the moment.
I'm sorry that i can't help you more but I answered you because I saw that you have asked a few times and no one has replied to you yet.
I hope they let you keep your character as he is BTW and I also hope that the case is won by Cryptic in such a way that we can make any hero we want, copyright or not.
I have not copied heroes but I can see why people do, where else can you make and play a version of your favourite super heroes?
Infamy, infamy, they've all got it infamy!!!
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I have a question. Would my character called Fan-Boy who looks like Superman and his alternate costumes look like Batman and the Hulk against the Terms of Service? He really isnt supposed to be them, just a guy dressed like them. I hope he isn't because I like him a lot.
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From the EULA:
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Section 6d: Member Conduct. You agree not to use the Service to:
(i) take any action or upload, post, e-mail or otherwise transmit any content that infringes or violates any third party rights;
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From the Rules of Conduct:
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16. You may not upload or transmit on City of Heroes or the official City of Heroes website any copyrighted content that you do not own all rights to without the express written permission of the author or copyright holder.
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It's not much of a stretch (if at all) to say that yes, this may well violate the EULA/ToS.
EDIT (somebody beat me to it): I won't claim I'm right...but from what I've found the devs have grounds to force you to change your character, or delete it, if they choose. I imagine it all depends on how this lawsuit works out.
My first "turning point" in this city was during the Rularuu Invasion, and charging in with my BS/Regen Scrapper. Skyway City, at Level 10. It went...poorly.
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I have a question. Would my character called Fan-Boy who looks like Superman and his alternate costumes look like Batman and the Hulk against the Terms of Service? He really isnt supposed to be them, just a guy dressed like them. I hope he isn't because I like him a lot.
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From the EULA:
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Section 6d: Member Conduct. You agree not to use the Service to:
(i) take any action or upload, post, e-mail or otherwise transmit any content that infringes or violates any third party rights;
[/ QUOTE ]
From the Rules of Conduct:
[ QUOTE ]
16. You may not upload or transmit on City of Heroes or the official City of Heroes website any copyrighted content that you do not own all rights to without the express written permission of the author or copyright holder.
[/ QUOTE ]
It's not much of a stretch (if at all) to say that yes, this may well violate the EULA/ToS.
EDIT (somebody beat me to it): I won't claim I'm right...but from what I've found the devs have grounds to force you to change your character, or delete it, if they choose. I imagine it all depends on how this lawsuit works out.
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I would say a character called "Fan-Boy" that dresses up like superheroes but obviously isn't them, would fall under Parody and be ok.
An INV/SS tanker named Son of Krypton would be a pretty blatant ripoff, though, esp. if his costume looks anything like Superman.
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An INV/SS tanker named Son of Krypton would be a pretty blatant ripoff, though, esp. if his costume looks anything like Superman.
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Unless his powers came from the noble gas of the same name.....
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I have a question. Would my character called Fan-Boy who looks like Superman and his alternate costumes look like Batman and the Hulk against the Terms of Service? He really isnt supposed to be them, just a guy dressed like them. I hope he isn't because I like him a lot.
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You would have a tough time making that point.. since those identities aren't real Super-Heroes existing as part of any story-arc in the game, and the CoH game itself is not supposed to be a game... or "connected" to any so-called, Real-life.
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I don't remember a lawsuit... but IIRC TSR (the company which published AD&D) had "Nazi" as either a copyright or trademark (I don't remember if it was an (c) or (r) after the name) in their Indiana Jones RPG.
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First, (c) is copyright. You produce something, you automatically own the copyright. The Marvel lawsuit has nothing to do with copyright infringement (not saying you said it did but it is the common mistaken comment - it is not a copyright infringement lawsuit).
(r) and tm are both about trademarks (one is registered and the other isn't). The TSR "Nazi" tm was _THE IMAGE_ not the word. They attempted to trademark the specific depiction, not the word. Another misconception, but there's the facts.
Syphon Strike
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Back after two years of WoW!
Ok, heres a question for you guys - I have a character with a Huge body model, purple pants, green skin and black hair. The kicker is - his name is Spydor-man. He's a mentalist controler whos hobbys (according to his bio) are picking flowers and knitting. Oh and he hates fights.
I built him well, to poke fun at the thousands of clones, a clear parody of these morons. Now, I dont play him much at all (I think he's 3rd or 4th level now), but I dont want to contribute to Cryptic's problem - even inadvertantly.
What do you guys think? Problem or no big deal?
Just from watching what has happen to my friends, if you have an name and or costume that is similar or like the copyrighted costumes and or name of the comic hero then you better get it changed otherwise its a TOS violation and you will get busted.
If he's level 3 or 4 and you want to stand up for NCSoft and Cryptic I would delete him out of repsect for the great game they have given us.
I got in an argument with someone over this the other day. I argued that names originating from mythology such as Thor, Odin, Balder, Hercules, Zeus, etc. even Colossus ( the name of some statues in different lands to honour the Gods, Colossus of Rhodes, Colossus of Memnon. Each individual statue is called a Colossus, Colossi plural) were public property and such they aren't owned by Marvel.
Now if make a guy named Thor with long blonde hair, a red cape, and blue wife-beater and a magical hammer, then this is obviously a recreation of the Marvel version of Thor. Same with if you make a tall steel guy named Colossus.
Please dont turn this into a thread regarding the lawsuit, I dont want it to get locked. I want to know if these names are violation s of the EULA.