All Litigation Settled in Coh/Cov versus Marvel Case

[Lyrical]

Before you guys start claiming victory for NcSoft, keep in mind that only half the plaintiff's claims were dismissed (meaning the other half could have been legit). Also, if NcSoft really thought it had a solid case, why did it settle with Marvel?

I wonder if NcSoft will produce any Marvel games as a result of this? Everytime a Cryptic dev is asked if they have been approached by Marvel or DC, they always answer no comment (are they bound by an nda?)

As far as to what they agreed to, we will probably never know what transpired. Did Cryptic agree to do projects for Marvel, or pay them cash? Or did they both just end the litigation? We'll never know.

Let the legal playcalling begin, but keep in mind if you don't know what you are talking about, I will call you out on it.

http://boards.cityofheroes.com/showf...v=#Post4312697

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"Marvel Entertainment, Inc., NCsoft® Corporation, NC Interactive, Inc. and Cryptic Studios™, Inc. are pleased to announce today that they have amicably settled all claims brought by Marvel and all claims brought by NCsoft, NC Interactive, Inc. and Cryptic Studios, Inc.

The parties' settlement allows them all to continue to develop and sell exciting and innovative products, but does not reduce the players' ability to express their creativity in making and playing original and exciting characters.

Therefore, no changes to City of Heroes® or City of Villains'™ character creation engine are part of the settlement. The parties have agreed that protecting intellectual property rights is critically important and each will continue aggressively to protect such rights in accordance with all applicable laws.

While the terms of the settlement were not disclosed, all parties agree that this case was never about monetary issues and that the fans of their respective products and characters are the winners in this settlement."
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[Jait]

Originally Posted by Lyrical

Also, if NcSoft really thought it had a solid case, why did it settle with Marvel?


Let the legal playcalling begin, but keep in mind if you don't know what you are talking about, I will call you out on it.

Good stuff. Keep it coming. I predict big things from you and this thread.

[Lyrical]

Originally Posted by Jait

Good stuff. Keep it coming. I predict big things from you and this thread.

Hey, this is the board that ran an umpteen-page thread on Little handicapped Timmy versus Blizzard. Timmy claimed that he had to use add-in programs to play and he was being disciminated against when Blizz banned his account. And what proceeded to follow was 38 pages of b.s. and two pages of legally accurate information. Even after Blizz found out that he was lying about being handicapped, the thread went on for pages and pages.

And that was a stupid case, this actually could have set some legal precedent for how we name and arrange the appearance for our avatars in the MMO industry in the future.

[Zehn - Vhex]

You're the man now, dawg.

[Yermum Onceme]

Not understanding why someone might choose a settlement against a party that doesn't really have a case (there are damned good reasons for this, if you're still confused), and then claiming that people without legal knowledge should basically GTFO or be flamed, is humerous.

I wholeheartedly agree with Jait; good things are sure to come, even if they're post-rickshaw pics of half-nude camwhores.

[chaos]

um, maybe they settled to prevent a costly legal battle from entrenching their game/department/whatever in horrible debt?

[tjac]

Originally Posted by Lyrical

if NcSoft really thought it had a solid case, why did it settle with Marvel?

Because sometimes, even if you're right, it's more costly to prove that you're right than to take the offer to settle that's in front of you.

[Iannis]

I thought Brad kept on dropping hints Sigil's project after VG goes live is going to be a Marvel-universe superhero game.

A DC setting would be better, but they generally are less whorish with their stuff than Marvel is. Except when it comes to Batman.

[Lyrical]

Originally Posted by tjac

Because sometimes, even if you're right, it's more costly to prove that you're right than to take the offer to settle that's in front of you.

The first thread that ran the announcement that there was a suit, most of the posters predicted that Marvel would lose the case. But the law is never really "cut and dry," especially in areas concerning the internet and digital media. As a law professor of mine once said, "The courts are extremely behind the digital age, and not much legality (especially in the areas of online) has been established." Back then, looking at both sides of the case, I was one of the few that thought Marvel had a chance at all. Tons of other MMO message boards were saying the same thing - that Marvel didn't have a chance in hell. Quite honestly, I am surprised the case didn't run longer.

This is evil: A strategy of a larger business that has a very low chance of winning (ie Microsoft) is to make the other company pay legal fees (in a case you brought against them) until you they either go bankrupt or you steal their ip. Either way, you win and they lose. I thought that Marvel might have been trying to remove Cryptic (or seriously cripple them) for when they launched their MMO. But if I was right, Marvel would not have settled with them so early. Some firms spend more effort in court than they do in their core business, trying to collect a settlement or take their ip. It's a lame way to do business, but it is done.

So if Marvel's talks with Cryptic about doing the MMO broke down (if MSFT has the rights), then what did Marvel get from Cryptic? A cash settlement?

Marvel recently made Business Week in an article discussing how excessively litigious they are, which makes me think they are more apt to try this strategy.

[Nebuchadnezzar]

Sigil has the Marvel game and Sony is doing the DC one.

[tjac]

Originally Posted by Lyrical

This is evil: A strategy of a larger business that has a very low chance of winning (ie Microsoft) is to make the other company pay legal fees (in a case you brought against them) until you they either go bankrupt or you steal their ip. . .

So if Marvel's talks with Cryptic about doing the MMO broke down (if MSFT has the rights), then what did Marvel get from Cryptic? A cash settlement?

Marvel recently made Business Week in an article discussing how excessively litigious they are, which makes me think they are more apt to try this strategy.

Yep. It's an abuse of the civil courts. And I think that the company/organization/individual that relies on litigation as a strategy might only be tipping its hand that it lacks innovation.

Until it's publicly revelaed, though, who knows what Marvel got out of the settlement. It could be cash, but couldn't it also be something a lot less significant, like Cryptic promises to not use Xs on any of its characters' utility belt graphics?

[Sylas]

Or marvel realized how shitty cryptic's been doing (financially and as a game developer), saw there was little money to be had from them, saw they weren't a threat, and that they'd edge themselves out of the market due to their own incompetence long before they could by suing them?

They weren't on marvel's radar until they peaked at 180k subscribers. They've fallen to sub 100k 'sims online' status all by themselves. They are no longer competition for a Marvel MMO.

[Lin]

It's my impression that Marvel heros tend to be mutants with a single small to medium strength power, for instance Wolverine who has 1 power, regeneration. DC on the other hand has superhoers that tend to have an array of very strong powers, for instance Superman, who's list of powers would be longer than the pretty girl thread, and each more powerful than the last. So I'm surprised that it was Marvel that would have gone after City of Heros, it seems like DC would be the ones that the game is closer to.

[Badabidi]

In a perfect world we'd be hearing about Marvel vs Capcom 3 being worked on when Marvel is brought up instead of Marvel locked up in a lawsuit

[Cybsled]

Last I checked, EA paid Marvel for the rights to produce games with EA characters vs. Marvel.

In otherwords, pieces of shit.


Select your characters!

Juggernaut! Spiderman! The Sims!

Round 1...fight!

Spider swing! Spider swing!

*tag*

*Sims guy jumps in*

Blah blah blah blah!

*powers up special*

BLAHBLAH CANNON!

*dies in a puddle of his own urine*