thay cannot be sued by US copyright laws for someone having a character that looks SIMILAR to a copyrighted name/face/character/fart smell this si teh same reason people cannot sue Wierd Al for the songs he makes, or comapanies for making iPhone clones. All this is, is NCSoft taking draconion measures to "protect" themselves from now non-existant copyright lawsuits.
and i love how people tell me to leave when i make comments here... gotta love the fact that the players are just as bad as the devs in what seems like not wanting people to play this game anymore.
I have NEVER had a character genericed, but if i did have one that after 5 years of play got genericed for some made up reason then i would be pretty annoyed as well. Especially if that genericing was caused by some fartnocker that just wanted to cause problems. Persoanlly they should focus more on the XP exploits and the gdamn in game spam from websites selling Inf. but hey, what do i know i am just the dumb schmuck that has been paying to play this game for the last 5 years... wishes he could sue NCSoft for something... cause hey we all know "It is the American Way"
[ QUOTE ]
thay cannot be sued by US copyright laws for someone having a character that looks SIMILAR to a copyrighted name/face/character/fart smell. All this is, is NCSoft taking draconion measures to "protect" themselves from now non-existant copyright lawsuits.
[/ QUOTE ]
Hmmm so Marvel and DC comics filing lawsuits that NcSoft settled out of court was nothing? 
[ QUOTE ]
thay cannot be sued by US copyright laws for someone having a character that looks SIMILAR to a copyrighted name/face/character/fart smell this si teh same reason people cannot sue Wierd Al for the songs he makes, or comapanies for making iPhone clones. All this is, is NCSoft taking draconion measures to "protect" themselves from now non-existant copyright lawsuits.
[/ QUOTE ]
The guy looked like Capt. Marvel from Marvel comics down to the hair and outfit. And yes, NcSoft does stuff like this so they are not wasting money paying lawyers instead of using said money on their games.
[ QUOTE ]
[ QUOTE ]
thay cannot be sued by US copyright laws for someone having a character that looks SIMILAR to a copyrighted name/face/character/fart smell. All this is, is NCSoft taking draconion measures to "protect" themselves from now non-existant copyright lawsuits.
[/ QUOTE ]
Hmmm so Marvel and DC comics filing lawsuits that NcSoft settled out of court was nothing?
[/ QUOTE ]
You can sue for anything. The question is whether or not you actually have a case, and how much will it cost to prove whether there is one or not in court.
Larger companies can afford the lawyer fees, smaller companies frequently can't. Thus the bullying and out of court settlements simply to avoid the whole issue.
Quote:
|
Originally Posted by PleaseRecycle
it has gone from unconscionable to downright appalling that we have no way of measuring our characters' wetness.
|
Quote:
|
Originally Posted by Brillig
It's hard to beat the entertainment value of Whackjob Wednesdays.
|
to bad they dont spend that money getting people that can write scripts and actually do customer service... oh well, Champions Online is releasing soon, and this game unfortunately will go the way of Tabula Rasa soon after that, especially if 75k players is not enough to keep that game running, this one will be a bigger ghost town than it alrdy is on most servers.
[ QUOTE ]
thay cannot be sued by US copyright laws for someone having a character that looks SIMILAR to a copyrighted name/face/character/fart smell this si teh same reason people cannot sue Wierd Al for the songs he makes, or comapanies for making iPhone clones. All this is, is NCSoft taking draconion measures to "protect" themselves from now non-existant copyright lawsuits.
[/ QUOTE ]
That depends on the terms of the settlement they came to with Marvel (which wasn't released publically). If they agreed to pursue err on the side of caution when it comes to violation, then do not, they'd be in violation.
The measures are not draconian. They're clearly stated in the agreement and they're minor. The only thing horrible about them is people who can't handle a bit of discipline and freak the hell out.
"Null is as much an argument "for removing the cottage rule" as the moon being round is for buying tennis shoes." -Memphis Bill
[ QUOTE ]
to bad they dont spend that money getting people that can write scripts and actually do customer service... oh well, Champions Online is releasing soon, and this game unfortunately will go the way of Tabula Rasa soon after that, especially if 75k players is not enough to keep that game running, this one will be a bigger ghost town than it alrdy is on most servers.
[/ QUOTE ]
Just like the people whining about server maintenance, the humor in your post comes from the fact that you think a new game by the same company won't have the same kind of rules and enforce them in the same way.
"Null is as much an argument "for removing the cottage rule" as the moon being round is for buying tennis shoes." -Memphis Bill
[ QUOTE ]
to bad they dont spend that money getting people that can write scripts and actually do customer service... oh well, Champions Online is releasing soon, and this game unfortunately will go the way of Tabula Rasa soon after that, especially if 75k players is not enough to keep that game running, this one will be a bigger ghost town than it alrdy is on most servers.
[/ QUOTE ]
And I noticed you never reply to the fact the guy's hero look like Capt. Marvel from Marvel comics. Hmm that saying something right there.
[ QUOTE ]
thay cannot be sued by US copyright laws for someone having a character that looks SIMILAR to a copyrighted name/face/character/fart smell this si teh same reason people cannot sue Wierd Al for the songs he makes, or comapanies for making iPhone clones. All this is, is NCSoft taking draconion measures to "protect" themselves from now non-existant copyright lawsuits.
[/ QUOTE ]
*sigh...* Yet another poster who confuses what's legal versus what's prohibited by the EULA.
Here's the fact you've just got to get through your thick skull. Whether or not it's a trademark violation is completely irrelevant. NCsoft could nuke any character at any time they want, and there's not a damn thing you can do about it except cancel your subscription. (Which is why you're getting the "leave" posts; not because we want you gone, but because that is your only recourse.)
So stop arguing whether something is or isn't legal. Stop arguing whether it is or isn't a trademark violation. That way leads to madness, and it's not why they nuke characters.
They nuke characters for bearing any resemblance, be it in name, appearance, biography, demeanor, or anything else, to any non-CoH entities. This is not the same thing as a trademark violation. Is a parody character of Superman a trademark violation? No, it's protected by the First Amendment, and DC cannot sue you or NCsoft for infringement. (Well, technically they can, but they'll lose.) Is it against the EULA? Yes, and that is what you've got to understand.
- No, just because you've had a character for x years doesn't mean it's okay.
- No, just because someone else has a similar character that hasn't been nuked doesn't mean it's okay.
- No, just because the developers put their own homage characters in the game doesn't mean it's okay.
- No, just because someone would lose an infringement lawsuit for it doesn't make it okay.
- No, just because you think the character isn't "infringing enough" doesn't make it okay.
Think of City of Heroes kind of like a house that is owned by NCsoft. You are invited to come into their house and you're welcome to stay as long as you abide by their rules. If you say something they ask you not to, no matter how well within your First Amendment rights you might be, they have the right to kick you out because they own the house.
So please, just stop. You're wrong, and there's nothing you can do about it except knock it off or leave. I'd suggest the former.
We've been saving Paragon City for eight and a half years. It's time to do it one more time.
(If you love this game as much as I do, please read that post.)
[ QUOTE ]
Champions Online is releasing soon...
[/ QUOTE ]
...which has nothing to do with this issue. Someone violated the EULA and got busted for it, action was taken, and life goes on. Frankly, if a company puts a EULA out there and doesn't enforce it, that totally sucks, and it's not a game I want to play.
Besides, I hate to burst your bubble (actually, I really don't), but I guaran-damn-tee you that Champions Online is going to have the exact same language in their EULA, and the exact same thing is going to happen to people who create knock-offs of other characters.
I really think I'm going to enjoy the dismay and misery of everyone here who is trying to use the tired lame "I'm going to Champions Online!" excuse to try to justify being stupid. First of all, I don't think they're really going to leave, and second of all, for those few who might try, I do wish I could see the looks on their faces when they realize that Cryptic doesn't tolerate stupidity either. Where are you going to go then?
If you're looking for a game that doesn't enforce its EULA, one that allows borderline cases of infringement, I honestly don't think any game out there on the market will serve you. Maybe you can write your own, and then you can say whatever you want in the EULA, enforce it as little or as much as you want, and differentiate between whether something similar is infringing or not. If writing your own game is out of your technical or motivational reach, then I guess you're just going to have to learn to live with the rules.
Or, you know, take up woodworking instead.
We've been saving Paragon City for eight and a half years. It's time to do it one more time.
(If you love this game as much as I do, please read that post.)
That picture on the bio is about four years old and the virtueverse page has been up for a long time. I haven't done anything with page for awhile except put in certain relevent events in his life. The character changed to having a cape and some other minor changes so he would not be exact. The character was INFLUENCED BY and NOT Mar-vell
As for the biography itself is original. Marvel was never a prince from an evil empire run by his family. He was not distilled down to component energy to be a battery for a starship after inciting an intergalactic rebellion. He never met a girl in Ireland and plucked the idea on how Earthlings looked from her mind. He never went on the run when his family sent people to retrieve him, helped a media mogul as a bodyguard, became a member of the LoT or the PK:HB, inherited a large fortune from a late employer. And lastly he did not have a wife named Liberty Girl in which they held a large wedding about four years ago on the Virtue server attended by a large amount of people.
And I'll not be publishing any letters. All letters are between myself and the GM's so do not expect to see any here. As it is the character was erased last night after I went offline. So I hope the troll who generic'd me is happy, they won.
I do not know what I did to you to make you so angry to the point of wanting me removed permanently. I have been with this game for technically six years if you count the old pre-beta boards. My character has been around for that long too. He had even won in game costume contests with GM's standing right there.
The basic nature of the costume should be looked at since it is a relatively standard super hero suit. Unless its now a crime to make costumes with underwear on the outside and tights for male characters. Red and blue combinations are a common color scheme on a lot of characters.
My thanks everyone who turned out in support last night in Atlas.
You got caught. Deal with it.
[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
Doing a Google search for Nexus Argos came up with full bio page with photo.
https://www.virtueverse.com/index.ph...;printable=yes
The character is almost an exact clone of Captain Mar'vell, even the bio. The kicker? at the bottom of the page it reads "Character influenced by Captain Mar-vell from Marvel Comics "
[/ QUOTE ]
INFLUENCED BY, not a direct rip off, doesnt even look anything like captain marvel. and i love how people hide behind the EULA these days for any decision that the GM/Mod/Devs make, they are just happy to give up 15+ dollars a month per account to let these people do what ever they want all in the name of some bullshyte EULA that just gets changed without notice to what ever they want it to say at the time.
[/ QUOTE ]
so wait
This guy
looks nothing like
This guy
You need glasses.
[/ QUOTE ]
Had to post this again for folks to make up their own minds. And all you had to do was spend some time redoing the outfit in Icon not getting rid of him but that your choice.
[ QUOTE ]
As for the biography itself is original.
[/ QUOTE ]
If this is the case, then you should have changed the costume and been done with it.
[ QUOTE ]
And I'll not be publishing any letters. All letters are between myself and the GM's so do not expect to see any here.
[/ QUOTE ]
Good call, as I'm pretty sure that would get you banned.
[ QUOTE ]
So I hope the troll who generic'd me is happy, they won.
[/ QUOTE ]
If a GM told you to delete a character, you need to contact Niviene or what's-his-name (is it EMPulse?), the new community coordinator, and report what happened. If a GM has really gone that far out of line, they need to know so that it doesn't happen to other people.
[ QUOTE ]
My thanks everyone who turned out in support last night in Atlas.
[/ QUOTE ]
...And this is my issue. This isn't a mob rule kind of problem, it is a simple issue between a GM and a player. The answer to solve such issues isn't to get out the torches and pitchforks (or in this case, protest signs), it is to follow the proper escalation procedures.
As it is, like I said, you and the OP have likely hurt your case more than helped. At any rate, though, I hope everything works out for you.
To everyone else, before you go grabbing your torches and pitchforks, please keep in mind that we've gotten exactly one side of the story here, and because of the nature of GM communications, this is likely to remain true. You do not know what was said between this player and the GM and what all went down. It's not your place to get involved in that which you do not know about.
We've been saving Paragon City for eight and a half years. It's time to do it one more time.
(If you love this game as much as I do, please read that post.)
Ok...They wouldn't demand that you delet your toon and then delet it themselves. If that *did* happen, you need to report it. That is *not* what a GM should have done. You get genericed and that's that. Hounding you to delete your toon is not something that's done.
The GMs would not delete a character for this, nor ask anyone to do so. At worst they would blank your costume and biography if those were the violations.
If YOU chose to delete the character instead of making changes, that's your problem.
The person who filed a petition was following the rules as stated. You were not. Any overreaction here is all your's.
"Null is as much an argument "for removing the cottage rule" as the moon being round is for buying tennis shoes." -Memphis Bill
If the character was deleted by a GM after being genericed and you want them back (for badges, level 50 of those powersets, whatever) then go over their head. They had already resolved the copyright issue by genericing your character, and were out of line deleting it unless you went through the trouble of duplicating the costume and bio that they just erased.
And to people like TonyV, just because they have the right to do anything to your character per the EULA doesn't mean that they should, and if the character was still generic hero xxxx when deleted the GM doesn't deserve any support whatsoever for completely overreacting.
Without knowing what happened in between, I can't say for certain, but if the story is as presented the GM should frankly be fired.
Edit: note that I don't have an issue with the initial genericing, it's the character deletion that's totally out of line
Quote:
|
Originally Posted by PleaseRecycle
it has gone from unconscionable to downright appalling that we have no way of measuring our characters' wetness.
|
Quote:
|
Originally Posted by Brillig
It's hard to beat the entertainment value of Whackjob Wednesdays.
|
Quoting myself (oohh, faux pas) because people are ignoring it.
[ QUOTE ]
If you have a problem with a CS decision, ask for the issue to be elevated. Bringing it here and ragging on CS here on the forums is not only against forum policy, but won't get anything done except a lock or delete on your thread.
If you want to get more personal response, PM Avatea or Niviene here on the forums. Their names are listed at the bottom of every folder and post.
[/ QUOTE ]
Paragon Wiki: http://www.paragonwiki.com
City Info Terminal: http://cit.cohtitan.com
Mids Hero Designer: http://www.cohplanner.com
Quote:
|
Originally Posted by Dispari
I don't know why Dink thinks she's not as sexy as Jay was. In 5 posts she's already upstaged his entire career.
|
[ QUOTE ]
If the character was deleted by a GM after being genericed and you want them back (for badges, level 50 of those powersets, whatever) then go over their head. They had already resolved the copyright issue by genericing your character, and were out of line deleting it unless you went through the trouble of duplicating the costume and bio that they just erased.
And to people like TonyV, just because they have the right to do anything to your character per the EULA doesn't mean that they should, and if the character was still generic hero xxxx when deleted the GM doesn't deserve any support whatsoever for completely overreacting.
Without knowing what happened in between, I can't say for certain, but if the story is as presented the GM should frankly be fired.
[/ QUOTE ]
The OP doesn't say that the character in question was deleted by a GM. The story is that a GM is demanding that the player delete the character, which is ridiculous for two reasons: 1) that doesn't happen and 2)if the GM felt the character *did* need deleted they would just do it themselves and not "demand" that the player does.
[ QUOTE ]
Without knowing what happened in between, I can't say for certain, but if the story is as presented the GM should frankly be fired.
[/ QUOTE ]
And the players who freaked out and had a protest deserve a 72hour time out, and the person who posted this thread deserves a temp forum ban, so what's your point?
Players who have a problem with GM action need to take it up with the GM, their superior, or a Community Rep, not freak out and cause disruptions that do more harm to the game and community than good.
TonyV isn't out of line in expecting that people act like adults.
"Null is as much an argument "for removing the cottage rule" as the moon being round is for buying tennis shoes." -Memphis Bill
[ QUOTE ]
And yes, as a private company, they get to have a double standard, and create homage characters and have them in the game themselves. File it in the "it's good to be the king" folder.
[/ QUOTE ]
Well, apart from Marvel suing them over 'Bastion' who wasn't overly similar to Marvel's. And even CoH Bastion was less of a copyright problem than I see Nexus Ar'gos being. Hell, CoH's big robot being named Bastion makes more sense than Marvel's killer robot being named Bastion.
[ QUOTE ]
[ QUOTE ]
Doing a Google search for Nexus Argos came up with full bio page with photo.
https://www.virtueverse.com/index.ph...;printable=yes
The character is almost an exact clone of Captain Mar'vell, even the bio. The kicker? at the bottom of the page it reads "Character influenced by Captain Mar-vell from Marvel Comics "
[/ QUOTE ]
There's no resemblance there! 
[/ QUOTE ]
The original costume looks pretty generic as is. I don't see where it stands out any from countless other Silver-Age style 3 color tights/cowl/cape/boots costumes.
Had I seen that guy running around Paragon, I would not have given it a second thought and definitely would not have immediately thought Captain Marvel.
[ QUOTE ]
[ QUOTE ]
If the character was deleted by a GM after being genericed and you want them back (for badges, level 50 of those powersets, whatever) then go over their head. They had already resolved the copyright issue by genericing your character, and were out of line deleting it unless you went through the trouble of duplicating the costume and bio that they just erased.
And to people like TonyV, just because they have the right to do anything to your character per the EULA doesn't mean that they should, and if the character was still generic hero xxxx when deleted the GM doesn't deserve any support whatsoever for completely overreacting.
Without knowing what happened in between, I can't say for certain, but if the story is as presented the GM should frankly be fired.
[/ QUOTE ]
The OP doesn't say that the character in question was deleted by a GM. The story is that a GM is demanding that the player delete the character, which is ridiculous for two reasons: 1) that doesn't happen and 2)if the GM felt the character *did* need deleted they would just do it themselves and not "demand" that the player does.
[/ QUOTE ]
I'm referring to this part here:[ QUOTE ]
As it is the character was erased last night after I went offline.
[/ QUOTE ]
Highlighted the important part.
Yes, it's not in the OP, but it's from the person who says they owned the character - and the one that my reply was directed to.
That shouldn't have happened.
Quote:
|
Originally Posted by PleaseRecycle
it has gone from unconscionable to downright appalling that we have no way of measuring our characters' wetness.
|
Quote:
|
Originally Posted by Brillig
It's hard to beat the entertainment value of Whackjob Wednesdays.
|
[ QUOTE ]
The EULA is set up to protect THEM, not you. You agree to playing by their rules. If you don't want to, then the door is that a way. ---------->
[/ QUOTE ]
Fight My Brute