Okay. I feel that this person never got genericized within the five years because this person does not resemble Marvell, the costume are not the same, the origin is not the same, the names are definately not the same, what I believe is that the GMs listen to the player the reported the character without investigating themselves.
[ QUOTE ]
Okay. I feel that this person never got genericized within the five years because this person does not resemble Marvell, the costume are not the same, the origin is not the same, the names are definately not the same, what I believe is that the GMs listen to the player the reported the character without investigating themselves.
[/ QUOTE ]
This... And that is what they do. They just get the complaint and nerf the name and or costume without bothering to look at the toon that was complained about. I know from experience. I did get my name back for my toon not long after I said to them, DID YOU EVEN LOOK AT MY TOON?
Well I'll say this much.
While I agree with what happened, the costume getting changed, after all the EULA is pretty clear on this and it's their game, it's funny that they react this way when you consider that doing mish's you rescue Peter Kent (A reporter with a secret identity) Anne Race (a writer) Joan Waters (a Tv person) and a few others with obvious ties to real life or cartoon characters.
Hypocritical anyone?
[ QUOTE ]
While I agree with what happened, the costume getting changed, after all the EULA is pretty clear on this and it's their game, it's funny that they react this way when you consider that doing mish's you rescue Peter Kent (A reporter with a secret identity) Anne Race (a writer) Joan Waters (a Tv person) and a few others with obvious ties to real life or cartoon characters.
Hypocritical anyone?
[/ QUOTE ]
If you want to call it that, sure. Who cares?
NCSoft has enacted their own rules, which are stricter than the law requires, for their own protection. These rules (in the EULA) are more restrictive than the rules they themselves need to follow. They set it up that way and you agree every time you log in. So, yes, there are two sets of rules: one for them and one for the players. And they TOLD you the rules and you AGREED to abide by them.
Paragon City Search And Rescue
The Mentor Project
[ QUOTE ]
This thread looks more like a failed troll than anything else.
[/ QUOTE ]
After 179 (now 180) replies, I'd hardly say "failed"...
MA arcs: #1669, "A New Breed Rising"
Not sure if it's been mentioned, but Nexus is the name of an actual comic character.
"They've got us surrounded again, the poor bastards." - General Creighton W. Abrams
It's a failed troll in the sense that there is wide skepitism about the claims that the character was deleted in the manner told. Not everyone is rushing off to defend the original toon or poster.
I'm Tealeaf, and I approve of this message.
See [URL="http://boards.cityofheroes.com/showthread.php?p=2134817#post2134817"]Useful Tagging for the good of the Forum[/URL], my guide to tags.
[ QUOTE ]
Not sure if it's been mentioned, but Nexus is the name of an actual comic character.
[/ QUOTE ]
lulz
This is a true statement.
[ 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 this si teh same reason people cannot sue Wierd Al for the songs he makes,
[/ QUOTE ]
You are clueless and should just stop now. NCSoft was ALREADY SUED over this, so I guess the US legal system disagrees with your expert opinion. And, since I guess you weren't aware, Weird Al contacts the artists he parodies and GETS THEIR PERMISSION IN ADVANCE.
[/ QUOTE ]
Mostly so there is no issue of getting sued later. Not because he necessarily needs to.
I don't use a helmet because I'm thinking "I KNOW I will get hit while riding my bike" but because I might, and it's a simple precaution.
Orc&Pie No.53230 There is an orc, and somehow, he got a pie. And you are hungry.
www.repeat-offenders.net
Negaduck: I see you found the crumb. I knew you'd never notice the huge flag.
[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
+1
[/ QUOTE ]
[/ QUOTE ]
[/ QUOTE ]
Silly, true, but had to get mine in 
.
Global @StarGeek
ParagonWiki.com-The original is still the best!
My Hero Merit rolls
Accuracy needed for 95% ToHit spreadsheet
Forum font change stripper for Firefox/Opera/Chrome. No more dealing with poor color choices, weird fonts or microscopic text
Search Wiki Patch notes, add site:ParagonWiki.com inurl:patch_notes to your Google Search
[ QUOTE ]
As to who won in COH vs Marvel who knows ? It looks like COH did.
[/ QUOTE ]
Nobody, although it looked to many CoH was winning.
It was settled out of court. Which does two things :
Prevents legal precedence being set by the case, as the case was dropped.
Keeps the details (both gross and fine) of the resoultion private (Personally, I think that should be illegal unless it deals with EXTREMELY private and fine-level details for persons, no exceptions for companies) so we don't know exactly what happened.
Orc&Pie No.53230 There is an orc, and somehow, he got a pie. And you are hungry.
www.repeat-offenders.net
Negaduck: I see you found the crumb. I knew you'd never notice the huge flag.
I do think, the big thing here is, rather than have a toon here generic'd becuase someone said they looked like someone, is really the issue, this can be used as a griefing tactic if the GM's just follow through and generic the charachter without first looking at this toon and it's description, then making a solid case for having to generic the character, other wise we leave the door open for people to hang out and just grief people even if they do not resemble the character in question.
[ QUOTE ]
[ QUOTE ]
As to who won in COH vs Marvel who knows ? It looks like COH did.
[/ QUOTE ]
Nobody, although it looked to many CoH was winning.
[/ QUOTE ]
I actually have a speculation about that, something that if I were their lawyer, I'd have definitely used.
In the EULA, it specifically says that anything you create in the game becomes the sole property of NC Interactive, and that they have a non-revocable royalty-free license to use it however they want. It turns out that Marvel was caught creating their own characters in the game as "evidence" that there was infringing content. It was shortly after this that both parties suddenly came to a "settlement" in which City of Heroes didn't change at all.
Think about that a second. Marvel (or at least an authorized agent of Marvel) used their own IP in the game after agreeing to a EULA specifically granting NC Interactive a license to use anything they created. If I were their lawyer working on the case, I would have said something vaguely resembling the following to Marvel.
"Since you agreed to the terms of our license, we have every right to now use your characters, specifically[list characters Marvel created in the game]. If you drop this stupid lawsuit and pay our legal fees, we'll agree to release you from the license. We won't use your IP in the game, and both parties can go their merry way. We'll even bump up enforcement of EULA violations with the players. However, if you don't drop the lawsuit, then since you granted us a royalty-free license to use your IP by agreeing to the EULA and creating said IP in the game, then win or lose, we'd like to thank you for giving us the rights to adding major well-known characters to our game without having to pay you anything in return!"
*poof!*
Lawsuit gone. Since the "settlement" wasn't made public, I can't know for sure, but it sure makes sense to me.
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 ]
[ QUOTE ]
Okay. I feel that this person never got genericized within the five years because this person does not resemble Marvell, the costume are not the same, the origin is not the same, the names are definately not the same, what I believe is that the GMs listen to the player the reported the character without investigating themselves.
[/ QUOTE ]
This... And that is what they do. They just get the complaint and nerf the name and or costume without bothering to look at the toon that was complained about. I know from experience. I did get my name back for my toon not long after I said to them, DID YOU EVEN LOOK AT MY TOON?
[/ QUOTE ]
Not true 100% of the time. I've petitioned clear infringement cases and have found them to not have been changed after months have passed. Conversely, I've petitioned other clear cases who got gen'd 2 days afterwards.
It depends entirely on the GM who gets the petition.
Main Hero : Annilixxion -- Lv50 Blaster
Main Villain : Menkaura -- Lv41 Mastermind
@Laxx
"You will bend to my will, with or without your precious sanity." --Dragon Mage
[ QUOTE ]
Lawsuit gone. Since the "settlement" wasn't made public, I can't know for sure, but it sure makes sense to me.
[/ QUOTE ]
One of the reasons why inter-corporate settlements should not be allowed to be private, I think.
Orc&Pie No.53230 There is an orc, and somehow, he got a pie. And you are hungry.
www.repeat-offenders.net
Negaduck: I see you found the crumb. I knew you'd never notice the huge flag.
[ QUOTE ]
Not true 100% of the time. I've petitioned clear infringement cases and have found them to not have been changed after months have passed. Conversely, I've petitioned other clear cases who got gen'd 2 days afterwards.
It depends entirely on the GM who gets the petition.
[/ QUOTE ]
^ Working towards Hall Monitor badge.
lulz. 5000 views?
[ QUOTE ]
lulz. 5000 views?
[/ QUOTE ]
Rubbernecking a train wreck is human nature.
[ 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 ]
The character looks like Mar-vell.
The character has powers which emulate Mar-vell's.
The character's backstory is close to Mar-vell's.
The player even admits that the character was lifted from Mar-vell.
Of course the bio and costume were wiped. If the name was wiped then that doesn't make much sense but the rest of it was just asking to be removed.
Okay I am so confused. We can't have characters that look like comic ones? Look at statesman compared to Capt. American, Manticore has the same past as Batman, Sister Psyche has the same hair and power type as Jean Grey.
So why do we PLAYERS get in trouble?
[ QUOTE ]
Okay I am so confused. We can't have characters that look like comic ones? Look at statesman compared to Capt. American, Manticore has the same past as Batman, Sister Psyche has the same hair and power type as Jean Grey.
So why do we PLAYERS get in trouble?
[/ QUOTE ]
There are shades of distinction, and the connections you're offering are tenuous, at best. Because there is a Captain America, no one else can wear a patriotic American costume? Because there is a batman, no one else can be a wealthy orphan? Because there is a Jean Grey, no other psychics can be redheads? Bullcrap.
Now, having a derivative costume, powers, backstory, and actual mention of the character being emulated in the profile? Yeah, that'll do it. If Manticore dressed in black and had pointy ears instead of a fake mane on his costume, a manticore-logo in a yellow oval on his chest, and a combination of stealth and close combat instead of archery tricks, and then mentioned in his description that he's based on Batman, that'd do it.
To be fair though, based on costume alone I definitely wouldn't have made the connection.
@Eisenzahn
GW2 - Melchior.2135
AIM - Euroclydon23
Email - scorpany@yahoo.com or <sameasmyAIM>@aol.com (for the sheer novelty of an almost 20 year old email address that hasn't been overwhelmed by spambots yet)
[ QUOTE ]
Of course the bio and costume were wiped. If the name was wiped then that doesn't make much sense but the rest of it was just asking to be removed.
[/ QUOTE ]
You've hit upon the part of the story that doesn't ring true too many of us here. If this was a simple case of a costume and bio violating copyright/trademark, then the issue was resolved once the generic occurred. The player changes the costume and bio and that's the end of the story. The GM's aren't going to delete the character.
A deletion will only occur if there is more to the story than we are being told. For example, instead of making a different costume, the player keeps remaking the costume that got genericed and disregards the repeated GM warnings until the GM finally says enough is enough and deletes the characeter.
Or maybe the real issue had nothing to do with copyright. Maybe the player was using the character in the recent MA exploit fiasco.
There's more to this story than the person in question wants to share with us.
[ QUOTE ]
No, the ridiculous part is the sheer number of PM/E-mail flames my friend is getting in response to this. I've know this person for as long as I have played this game and have met her in person on more than one occasion. She deserves far better treatment than she has received thus far.
[/ QUOTE ]
Shocker is, if she had just kept dealing staff instead of "protesting" and having people post threads, and causing a ruckus, then the negative attention WOULD NOT HAVE HAPPENED.
You reap what you sow. When you have trouble with staff, keep dealing with staff until there's no other option. Whining about it in public and you get what you get.
"Null is as much an argument "for removing the cottage rule" as the moon being round is for buying tennis shoes." -Memphis Bill