NC Soft, makers of MMORPG ‘City of Heroes’, has filed a motion to dismiss Marvel’s lawsuit claiming the game is one big copyright/trademark violation factory, since the game’s character creation system allows players to create characters similar to Marvel (or DC or any other superhero property) characters.
NC Soft’s motion, among other things, argues that,
Kids with wandering imaginations have long decorates school notebooks with pictures of fantastic and supernatural beings of their own design. The ingenuity of individuals, as expressed through the creation of characters incorporating timeless themes of mythology, patriotism, “good,” and “evil,” has been a source of entertainment in the form of role-playing games for ages. In the face of technology that enables individuals to engage in such activities in a virtual, on-line context, Marvel Enterprises, Inc. and Marvel characters, Inc. (collectively, “Marvel”) have taken the unprecedented step of attempting to appropriate for themselves the world of fantasy-based characters, based upon alleged rights in works purportedly embodied in four comic books.
. . .
City of Heroes is a tool that encourages originality, not slavish copying. It allows young and old to exercise their imaginations to create super-powered beings and send them off to interact with the creations of other individuals in a virtual world called Paragon City. If it should be banned, then so should the #2 pencil, the Lego block, modeling clay, and anything else that allows one to give form to ideas. In Marvel’s view of the world, if people should play online games with super heroes, they must only play with licensed Marvel characters, and imagination shall be damned. Marvel’s attempt to monopolize online “hero” games and quash creativity has no basis, and its complaint should be dismissed.
Source:
NC Soft Files Motion to Dismiss Marvel Suit. Newsarama.Com, Undated.