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Originally Posted by Dark Energon
I got that Forbin, and that is something i did pick up with that ordeal.
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if anyone wants to be a (censored) than go and report someone for whatever name/bio/look. Otherwise ignore it and go on with your life.
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Originally Posted by Dark Energon
Raging Cajun doesn't even look like Gambit, well.. except for the red/orange hair. Not like i named it, made it look like, used the same powers and included the original's character in my bio. Not even the power color is like Gambit.
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Originally Posted by Dark Energon
I literally just made a new corruptor, Archery/Trick Arrow named Eagle-Eye.
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Originally Posted by RevolverMike
Cough:Hawkeye:cough
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Originally Posted by Dark Energon
I'll prob delete it in a few days, i never had an archery toon, so just wanted to try it out. I am surprised that that name was available tho.
And no, he doesn't look like Hawk-Eye, nor, if i keep him, will be close to his bio. I just wish we had like a sniper rifle powerset, i'd deff keep the name for that. |
<-- Got gen'd. I think I knew the guy that did it but I didn't say a word to him. They're not our toons and we are not responsible for them. I am sure that the devs keep records of who they generic and I am sure they are punishing repeat offenders appropriately.
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Originally Posted by Nethergoat
It was absolutely frivolous.
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Originally Posted by Dechs Kaison See, it's gems like these that make me check Claws' post history every once in a while to make sure I haven't missed anything good lately. |
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Originally Posted by ClawsandEffect
No, actually it wasn't.
By the wording of NCSoft's EULA, any character created within the game is their property, with all associated rights. Now, it is worded like that so players cannot get upset if one of their characters is used in a screenshot promoting the game. Marvel's stance on that is that, by the wording of the EULA stating that a created character is NCSoft's property, anytime someone creates a character that is trademarked by Marvel (or anyone else), they (NCSoft) are claiming ownership of said character. The way trademark law works, if Marvel had NOT pursued litigation, there is a very real (but also very remote) possibility that they could lose the trademark rights to the character in question. So the lawsuit wasn't frivolous, Marvel really had no choice in the matter if they wanted to protect their trademarks. |
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Originally Posted by Nethergoat
this gets trotted out every time, and it's still frivolous.
Marvel sued because they're litigious j-holes, not because they were afraid some guy with a generic red & blue costume named SPYDAR-MAAAAAN was going to jack their IP. NC took adequate steps to prevent genuine infringement by simply not including costume options allowing direct copies (again, excepting the Hulk). I don't remember if the name filter was in place at launch or not, but it neatly resolves the problem of direct copy names. Marvel was being a bully because they have a corporate owner with legal staff on salary and thought they were going to make their own MMO. |
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If a trademark has been registered, then it is much easier for the trademark owner to demonstrate its trademark rights and to enforce these rights through an infringement action. Unauthorized use of a registered trademark need not be intentional in order for infringement to occur, although damages in an infringement lawsuit will generally be greater if there was an intention to deceive. For trademarks which are considered to be well known, infringing use may occur where the use occurs in relation to products or services which are not the same as or similar to the products or services in relation to which the owner's mark is registered. A growing area of law relating to the enforcement of trademark rights is secondary liability, which allows for the imputation of liability to one who has not acted directly to infringe a trademark but whose legal responsibility may arise under the doctrines of either contributory or vicarious liability. |
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Originally Posted by Dechs Kaison See, it's gems like these that make me check Claws' post history every once in a while to make sure I haven't missed anything good lately. |
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Originally Posted by ClawsandEffect
If trademark infringement, even though they were not intentionally doing so.
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Originally Posted by Nethergoat
Again, you CANNOT re-create Marvel IP with any specificity using this game engine (aside from our pal The Hulk).
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Originally Posted by Dark Energon
Is it just me, or are more people getting sick and tired of these people that have no imagination when creating a toon?
last week.. Wednesday was my 1st day in game that week, i made a new staff fighting toon, swept the street to get a quick level. I go to Miss Lib, and who do i see? a toon names SnakeEyez, dressed as Snake-Eyes, dual Blade power set and even a bio stating he was from a top secret military unit. All i said was: "Pleased to meet you mister soon to be known as Generic 847 924 6722, because if someone reports you, that will be your new name." He went off on me that i should leave him alone, because i had his toon Gen'd a few days prior. A whole discussion about copyright infringement started with people giving their two cents. 10 minutes later, a toon named Generic ### ### #### starts yelling at me that i should get lost because i got his toon Gen'd, his second in a few days. Again, a whole altercation followed, and he said he was going to report me for harassment. Only thing i said: : "Good luck." Now, obviously if he has two toons that got Gen'd in a few days, this player has no imagination. His reaction, albeit a little, just a little, understanding, was directed at the wrong person. I never reported him prior, or even after the incident, all i did was laugh. Would it be a smart policy to not only protect the game, but also the players from these type of people that could potentially hurt the game, but also drive people away because of the repeat offender's attitude because he get's angry about the fact his toons get Gen'd. One way i see is a simple ban for a period after your 3rd Generic in a set amount of time. Now i hear people say: "hey, i have been playing 7 years, and i had 3 toons Gen'd in that period, i should not get banned!" And i agree. But i do not agree with the fact that people get to oust their frustrations after a 2nd Gen'd toon in less than 1 week, and this has to stop. People should get banned for being a repeat offender in a short amount of time. These people will add nothing new to the table, and will only cause harm to the game in the long run, and the player base. As i stated, i got his full wrath, because he thought i got two of his toons Gen'd. If he went off on a newer player, that new player might just quit the game in order to not deal with these types of people, where as i merely laughed in his face because i knew i did nothing wrong. Anyone who has any suggestions or feedback regarding this? |
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Originally Posted by Nethergoat
Again, you CANNOT re-create Marvel IP with any specificity using this game engine (aside from our pal The Hulk).
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Originally Posted by Dechs Kaison See, it's gems like these that make me check Claws' post history every once in a while to make sure I haven't missed anything good lately. |
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Originally Posted by Samuel_Tow
You should be doing that anyway. I stop to report every copyrighted character I run across, but only once have I seen a person I reported actually broadcast about being genericed. That rule's there for a reason, so reporting possible violators is not something I can wrap my head around seeing as a bad thing. That's what the GMs get paid to do.
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Originally Posted by Forbin_Project
What the GM's are supposed do in those cases in reset the costume to default. The names should be safe unless it also violates copyright or if they determine it is offensive in some way.
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Originally Posted by Reppu
So, it's okay if it's your first time? Riiiight.
He's Staff Fighting/Energy Aura, which are the de-factor power sets for Gambit. The only alternative would be "Energy Weapon Throwing", which doesn't exist. If he also shares the hair, and the nickname? Yeah. We know what you were doing. This isn't even a Captain Erzats or a Proxy; you made Gambit. And considering Paragon's history with Marvel... ... You're worse than those guys, really. Why? Not because of that, but because you're chastising other people when you're guilty for the same thing. Bloody hypocrites... |
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Originally Posted by BrandX
But sometimes they just hit the generic all button.
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Originally Posted by Memphis_Bill
The Goat has obviously not looked around very much.
Edit: Which given the reasoning for a specific suggestion of his.... |
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Originally Posted by ClawsandEffect
I have personally used the character creator to copy Gambit, Captain America, Deadpool, Ghost Rider, Thor, The Hulk, the Thing, Colossus, Nightcrawler, Cyclops, Rogue, and several other characters that aren't coming to mind right now with probably 80% accuracy, and closer to 95% on some of them.
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Originally Posted by ClawsandEffect
I beg to differ.
I have personally used the character creator to copy Gambit, Captain America, Deadpool, Ghost Rider, Thor, The Hulk, the Thing, Colossus, Nightcrawler, Cyclops, Rogue, and several other characters that aren't coming to mind right now with probably 80% accuracy, and closer to 95% on some of them. They weren't perfect, and the only one I ever logged into the game was Captain America (I named the character EULA Violation as a joke, and deleted him an hour or so later), but every last one of them was close enough to be blatant trademark infringement. If you really want, I could post screenshots proving how close you can come to trademarked characters. But I would rather not, as doing so would probably be a violation itself. |
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Originally Posted by Nethergoat
Or shouldn't, anyway, but of course the runaway paranoia & legal bullying that defines 'copywrite law' in our culture pretends otherwise and would like everyone to follow its lead.
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Originally Posted by Forbin_Project
Marvel didn't write the Copyright/Trademark laws so you can't blame them because the damn things force people/companies to file these stupid <bleep> lawsuits.
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Originally Posted by BrandX
Can we blame them for not stepping up and trying to get them changed so they don't have to?
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Originally Posted by ClawsandEffect
So the lawsuit wasn't frivolous, Marvel really had no choice in the matter if they wanted to protect their trademarks.
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Originally Posted by Memphis_Bill
The Goat has obviously not looked around very much.
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