Generictized names


Ad Astra

 

Posted

What all some hands down characters that if you create they will be generic if reported/caught?
I know stuff from like Marvel and DC
Are their any other area's that if you create a character from a tv show,movie,book,etc
that if you create anything that looks like that character and the same name you will be generic?
Why am I asking?
Because I have no clue what all you can do and what you can't do XD so just looking for any type of info on it.
Thanks =D


Main Server = Freedom
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Posted

The rule is nice and simple:

If somebody else owns the rights to the character, you can get genericed for copying it. Book, TV show, movie, doesn't matter. Copyright is copyright. Katniss Everdeen, Superman, and Captain Jack Sparrow are all equally against the rules.

Sufficiently obscure characters may escape genericing for a while, or even indefinitely, but that's mostly because nobody will realize to report them, not because they are actually allowed.


 

Posted

Quote:
Originally Posted by Hopeling View Post
The rule is nice and simple:

If somebody else owns the rights to the character, you can get genericed for copying it. Book, TV show, movie, doesn't matter. Copyright is copyright. Katniss Everdeen, Superman, and Captain Jack Sparrow are all equally against the rules.

Sufficiently obscure characters may escape genericing for a while, or even indefinitely, but that's mostly because nobody will realize to report them, not because they are actually allowed.
I c was wondering because I was going to screw around and make a pokemon for the hell of it wasn't going to keep it just play and mess around. Was wondering, had a feeling but wanted to clarify it.


Main Server = Freedom
Total 50's = 40
Age = 19
Favorite AT = Blaster and Tanker.
http://tinyurl.com/PuppyKeeCharacters

 

Posted

No. The EULA is quite clear on the subject.

Quote:
8. PROHIBITED AND IRREPARABLY HARMFUL ACTIVITIES CONCERNING NCSOFT

You acknowledge that You may not, without signed written consent from a legally authorized representative of NCsoft, do any of the following:

(a) Misappropriate, violate or infringe any third-party IP right;

It doesn't matter what name you use or what the costume looks like. Nor does it matter how long you have manage to get away with it (5 minutes to 8 years or more). If the GM reviewing it deems it violates a third parties Intellectual Property it will be genericed.


 

Posted

Quote:
Originally Posted by shadow666 View Post
I c was wondering because I was going to screw around and make a pokemon for the hell of it wasn't going to keep it just play and mess around. Was wondering, had a feeling but wanted to clarify it.

You can parody a third party IP but you have to make it obviously different from the original IP itself.


 

Posted

Quote:
Originally Posted by Forbin_Project View Post
If the GM reviewing it deems it violates a third parties Intellectual Property it will be genericed.
This, IMO, is where grey areas show up. Will the GM see your toon as a violation? This will, by its very nature, be influenced by the GM's perceptions. The EULA rule is stated very simply, but it's very open to interpretation.

Food for thought: Consider the official material that could be considered infringement, i.e.:

Hero's Girlfriend "Lois Watson"
Reporter "Peter Kent"
Mission Objective "File X."

Should the Dev's be petitioned for IP infringement on these, or are they different enough to be fair game?


 

Posted

Quote:
Originally Posted by Elf_Sniper View Post
This, IMO, is where grey areas show up. Will the GM see your toon as a violation? This will, by its very nature, be influenced by the GM's perceptions. The EULA rule is stated very simply, but it's very open to interpretation.

Food for thought: Consider the official material that could be considered infringement, i.e.:

Hero's Girlfriend "Lois Watson"
Reporter "Peter Kent"
Mission Objective "File X."

Should the Dev's be petitioned for IP infringement on these, or are they different enough to be fair game?
The Devs don't agree to the same EULA that we the players agree to.

And the examples you quote are clearly parody, especially when taken in context of the papers/scanners missions they are in.

Another type of name that will get you generic'd is using the name of a real life person - you can't make Josef Stalin or Michael Jackson or Barack Obama.


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Originally Posted by SpyralPegacyon

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Posted

Make an homage character.

Example:
Name: Kid Kard Game aka: Kid Squirtellage

"after his swim in toxic waste, little Joey developed super water squirting powers. Fond of a popular kids card game and television show, he dressed in his favorite Halloween costume of his very favorite character from that cartoon/card game to take on injustice! Kid Kard Game, I choose you!


"You sir, have never been in a hammer fight, that much is clear."
-Blast_Chamber

*yeah, I quoted myself.

 

Posted

Rule of thumb: If you think it might get you in trouble, you probably shouldn't do it.


 

Posted

Quote:
Originally Posted by Elf_Sniper View Post
This, IMO, is where grey areas show up. Will the GM see your toon as a violation? This will, by its very nature, be influenced by the GM's perceptions. The EULA rule is stated very simply, but it's very open to interpretation.
That was done on purpose by NCSoft's legal department to prevent smart<pancakes> from being able to find loopholes to claim they are technically not violating the games copyright/trademark policy.

By keeping it open to interpretation the GM's have the freedom to decide whether or not a player intended to violate the policy despite the howls of innocence that always follow.

And once a GM decision is made the player has the option of protesting the GM's decision by escalating it up to a Senior GM.


 

Posted

You should also keep in mind it isn't JUST the name that matters, it is also the appearance, description, power sets, etc

Having a blonde male character named "Phoenix" who is a fire/fire blaster wearing a black, red and yellow costume and glowing phoenix wings isn't necessarily stepping on Marvel's toes...

Now having a red headed female named "Phoenix" who is a mind/forcefield controller or mind/psi dominator, wearing a green (or red or white) costume with a golden bird emblem on the chest and wearing long gold gloves and gold thigh high boots, whose description says she's married to a guy named Scott... well then you really have a problem.


Jem - Ill/Rad Controller Lv 50+3 Nic - Mind/Psi Dominator Lv 50+3 Lady Liberation - Invuln/SS Tanker Lv 50+1 Invicitx - Demon/Pain Mastermind Lv 50+1 Celeste - Emp/Arch Defender Lv 50+1 Nightsilver - DB/WP Scrapper Lv 34 Dusk Howl - StJ/Regen Brute Lv 32 Kyriani - Time/Energy Defender Lv 41Psifire - FF/Psi Defender Lv 50
Star Lighter - LB/LA Peacebringer Lv 30

 

Posted

Quote:
Originally Posted by Hopeling View Post
The rule is nice and simple:

If somebody else owns the rights to the character, you can get genericed for copying it. Book, TV show, movie, doesn't matter. Copyright is copyright. Katniss Everdeen, Superman, and Captain Jack Sparrow are all equally against the rules.

Sufficiently obscure characters may escape genericing for a while, or even indefinitely, but that's mostly because nobody will realize to report them, not because they are actually allowed.
Yeah, but what if the name or a portion of it is a product trademark, not belonging to any current or former character, like "The Jello Shooter", or "The Big Mac" or "The Freightliner"? Would these be genericized by name alone?


 

Posted

Quote:
Originally Posted by NekoNeko View Post
Yeah, but what if the name or a portion of it is a product trademark, not belonging to any current or former character, like "The Jello Shooter", or "The Big Mac" or "The Freightliner"? Would these be genericized by name alone?
This is where the GM's judgement call comes into play, but my understanding is that if your name happens to copyrighted in some way that is clearly not linked to your character, you're probably OK.

So, Apple Man, a Plant/Nature controller with a plant-y costume somehow reminiscent of an apple or apple tree or whatever, is probably fine. But Apple Man, an Energy/Energy blaster with a techy costume and the Power On chest emblem, is probably not.

So usually, it's not JUST the name that will get you genericed. The character has to be clearly infringing, not just happen to have a name containing some generic word or phrase that somebody owns when used in a different context.


 

Posted

Quote:
Originally Posted by shadow666 View Post
I c was wondering because I was going to screw around and make a pokemon for the hell of it wasn't going to keep it just play and mess around. Was wondering, had a feeling but wanted to clarify it.
Quote:
Originally Posted by Blast_Chamber View Post
Make an homage character.
Like a stalker, primarily dressed in yellow, named Sneakachu.


Paragon City Search And Rescue
The Mentor Project

 

Posted

Quote:
Originally Posted by Ad Astra View Post
The Devs don't agree to the same EULA that we the players agree to.
Actually, they do. They just have "signed written consent from a legally authorized representative of NCsoft."


 

Posted

Quote:
Originally Posted by Forbin_Project View Post
It doesn't matter what name you use or what the costume looks like. Nor does it matter how long you have manage to get away with it (5 minutes to 8 years or more). If the GM reviewing it deems it violates a third parties Intellectual Property it will be genericed.
And since video game GMs are minimum wage cube drones, you can imagine how flawless their judgment is.


The Nethergoat Archive: all my memories, all my characters, all my thoughts on CoH...eventually.

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Posted

Name
Costume
Description
Powers

I try to only report those that infringe upon at least 3 of the criteria, although name and costume are usually the most damning of the four, as they are the most visible.

And there is some room for play on a few of these where I'd still report:

-Powers; this can be tricky, as many copyrighted characters have powers that just don't exist in CoH, or have so many powers that choosing two powersets doesn't do the character justice. Be your Batman look-a-like a sj/sr scrapper, a ma/dark stalker, or a something/devices blaster, he's likely getting reported.

-Costume; let's face it, as robust as our costume creator is, sometimes it lacks that one little detail, won't let two specific (and otherwise perfect) pieces be used at the same time, or the patterns fall just short of what you'd like. An Energy/energy blaster by the name of Iron Guy with a red/yellow colour scheme and the jewel chest detail is more likely to get me to report him than an Energy/energy blaster by the name of Iron Guy who looks like a medieval knight in grey plate armour.

-Name; For starters, obvious spelling mistakes to get around filters are obvious. If two other criteria match, no amount of "supah mahn", "Super Man 2.0", or "xXSupermanXx" are going to save you. Using a nickname of the character like "The Man of Steel" might earn you a bit more respect, but won't save you from the report button.


This three strikes system helps allow for things like tribute/cosplay costumes, and names of things that existed long before DC/Marvel/(insert company here) used it for one of their characters (Kyriani had mentioned an example using Pheonix).

Despite all of the above, if the character you are copying is not familiar to me, I can't report it. Heck, if it's sufficiently obscure (Like a character from a Magic: the Gathering card)- I, personally, would probably just let it go.

And just because these are what I go by doesn't mean that someone can't report you for less. And the GMs who look into the reports usually tend to err on the side of caution. In some cases you might even be able to escalate and have your name restored (I seem to recall stories on the forums of Jim Butcher running around as one of his characters from The Dresden Files, getting generic'd and then then having the name restored on the basis that he owns the character. And one about someone who got generic'd for having the same name as an NPC, but had the name restored because the character existed before the NPC in question was even added to the game).


"My inner mind has become a reality-cracking overgod. He torments me! Help!"

 

Posted

Quote:
Originally Posted by Nethergoat View Post
And since video game GMs are minimum wage cube drones, you can imagine how flawless their judgment is.
You can appeal their decision if you don't agree with it


 

Posted

Quote:
Originally Posted by The Grim Heaper View Post
Name
Costume
Description
Powers

I try to only report those that infringe upon at least 3 of the criteria, although name and costume are usually the most damning of the four, as they are the most visible.

And there is some room for play on a few of these where I'd still report:

-Powers; this can be tricky, as many copyrighted characters have powers that just don't exist in CoH, or have so many powers that choosing two powersets doesn't do the character justice. Be your Batman look-a-like a sj/sr scrapper, a ma/dark stalker, or a something/devices blaster, he's likely getting reported.

-Costume; let's face it, as robust as our costume creator is, sometimes it lacks that one little detail, won't let two specific (and otherwise perfect) pieces be used at the same time, or the patterns fall just short of what you'd like. An Energy/energy blaster by the name of Iron Guy with a red/yellow colour scheme and the jewel chest detail is more likely to get me to report him than an Energy/energy blaster by the name of Iron Guy who looks like a medieval knight in grey plate armour.

-Name; For starters, obvious spelling mistakes to get around filters are obvious. If two other criteria match, no amount of "supah mahn", "Super Man 2.0", or "xXSupermanXx" are going to save you. Using a nickname of the character like "The Man of Steel" might earn you a bit more respect, but won't save you from the report button.


This three strikes system helps allow for things like tribute/cosplay costumes, and names of things that existed long before DC/Marvel/(insert company here) used it for one of their characters (Kyriani had mentioned an example using Pheonix).

Despite all of the above, if the character you are copying is not familiar to me, I can't report it. Heck, if it's sufficiently obscure (Like a character from a Magic: the Gathering card)- I, personally, would probably just let it go.

And just because these are what I go by doesn't mean that someone can't report you for less. And the GMs who look into the reports usually tend to err on the side of caution. In some cases you might even be able to escalate and have your name restored (I seem to recall stories on the forums of Jim Butcher running around as one of his characters from The Dresden Files, getting generic'd and then then having the name restored on the basis that he owns the character. And one about someone who got generic'd for having the same name as an NPC, but had the name restored because the character existed before the NPC in question was even added to the game).

I don't petition copyright unless the person does something to tick me off. If (generic) you're going to violate copyright don't act like the back end of a horse.


 

Posted

Quote:
Originally Posted by Forbin_Project View Post
I don't petition copyright unless the person does something to tick me off. If (generic) you're going to violate copyright don't act like the back end of a horse.
Fair enough, and I should also mention that I do tend to give new players (those with fewer veteran/paragon rewards badges) a bit more leeway, opting to warn them about the genericing process the game has adopted since the lawsuit way-back-when. I can hardly blame them for not knowing the policy if they haven't been around that long (Yes, I know it's in the EULA, but let's not kid ourselves, most people just hit "I agree" without ever reading).


"My inner mind has become a reality-cracking overgod. He torments me! Help!"

 

Posted

Quote:
Originally Posted by Forbin_Project View Post
You can appeal their decision if you don't agree with it
The devs threw in the towel on player rights when they settled the Marvel case, it being cheaper to sell out your players than wrestle a corporate behemoth with lawyers on salary.


The Nethergoat Archive: all my memories, all my characters, all my thoughts on CoH...eventually.

My City Was Gone