E-mail:
Password:
GameSpot Video Games, PC, Wii, PlayStation 2, GameCube, PSP, DS, GBA, PS2, PS3, Xbox 360, PlayStation 3

NCsoft and Marvel make nice

Companies settle all lawsuits, City of Heroes and Villains character creation remains unchanged.
By Brendan Sinclair, GameSpot
Posted Dec 14, 2005 2:20 pm PT

NCsoft reports today that it has settled all legal claims with Marvel Entertainment, allowing its popular comic-inspired massively multiplayer online role-playing games to continue operations unfettered and avoiding a court decision with potentially wide-reaching implications.

Last fall, Marvel sued publisher NCsoft and developer Cryptic Studios, claiming the pair's highly successful City of Heroes MMORPG allowed players to create characters so close to Marvel properties that they constituted copyright infringement. NCsoft scored a partial victory in March, when a judge threw out many of Marvel's complaints. Terms of the settlement weren't disclosed, but NCsoft has said the character creation used in City of Heroes and the recently released City of Villains will not be changed as a result.

"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," NCsoft said in a statement. "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."

When news of the suit first broke last November, the Associated Press reported it as the first time any game maker had been sued over user-created, in-game content. Had Marvel won, it could have set a legal precedent that would hold developers and publishers responsible for player-created content. That in turn could have led to a drastic reduction of creative in-game options for gamers. With the settlement, that dilemma is avoided for the time being.

While the legal wranglings seems to be over with, the battle may soon be rekindled and expanded in the retail arena. In July, Marvel announced a deal with Microsoft to make an Xbox 360-exclusive MMO based on its universe of characters. The month before, Sony Online Entertainment snagged the rights to develop an MMO based on the heroes of Marvel's biggest competitor, DC Comics.

Sign up now to post a comment on this story!

25 Comments

First to Last Latest
GaussGoat

This is a big win for gamers everywhere, and something that the two companies should also be proud of. It's good to see that they were able to work through the issue without impacting the player community involved, and the creative rights of players were held as important.

Marvel can be very aggressive pursuing their interests, so I'm very pleased to see them reaching an agreement on this issue. Here's hoping their own game is as fun as CoH turned out to be.

Posted Dec 16, 2005 2:14 pm PT
Login to rate this comment
/ (+0)
lilweightlifter

DC vs. Marvel.......PS vs. XBOX.......can't we all just get along?

Posted Dec 16, 2005 8:58 am PT
Login to rate this comment
/ (+0)
chrisdojo

games + comics = mediocre games

Posted Dec 16, 2005 7:03 am PT
Login to rate this comment
/ (+1)
amogley

I don't play CoH or CoV, nor do I read any of the comics (Marvel, DC etc). What really concerned me was the potential result that the manufacturers would be responsible for user created content. This would have had a dramatic effect on the modding community, and I see the modding community as an important contributor to the games industry.

Not only do mods add to the games, and lets face it CS and DoD were both pure conversions done by the community, but they also give people the chance to put a portfolio together allowing them to get a foot in the door of the gaming industry.

Luckily the decision went the right way

Posted Dec 16, 2005 3:24 am PT
Login to rate this comment
/ (+0)
ChasinFury

Havok4489 sorry to dispute you BUT Diamond does not own Marvel or DC...DC is owned almost wholly I believe by Warner Brothers while Marvel is its own beast. So the news release didnt clear up whether those who have similar characters are still going to be policed or not... cause if they are then marvel did win.... now im confused....

Posted Dec 15, 2005 11:56 pm PT
Login to rate this comment
/ (+0)
fluffballNo1

Swampthing have you even played CoH or CoV?

If you have a character that you create in homage or for satire, or just because you think Wolverine is "Teh c00lz0rz!" you find yourself in violation of the EULA.

Normally characters can get into the mid-to-high levels before they are reported. When your character is reported their appearance is reset to default and their name is changed to GenericHero(villain)12301 or some other random number along with any other clones you have on that account.

It's very strongly policed and extends beyond comics to even things like toys.

Cryptic and NC never once claimed that they deserved the right to make the trademarked characters of other games, rather they argued that they aren't responsible for user created content. Which is the exact same thing that oh people like automobile, gun, alcohol, and even tobacco producers have been claiming for years.

Marvel was the losing party entirely in this case, they alienated a very large part of their fan base, and if they had won would have opened themselves up for retaliatory lawsuits once their game was published.

Posted Dec 15, 2005 4:43 pm PT
Login to rate this comment
/ (+0)
gameloverx

i know why its because Marvel doesn't want to lose the're properties

Posted Dec 15, 2005 3:04 pm PT
Login to rate this comment
/ (+0)
NeoJedi

Good thing Marvel didn't win this case, wouldn't wanna see the beginning of the end of user-created material in games.

Posted Dec 15, 2005 8:20 am PT
Login to rate this comment
/ (+0)
stiker71

dalriders
i wonder how diffrent the marvel mmo will be from city of heroes

i bet its gona stink cause unless they get DC and all those other people everyone will have the same chars

Posted Dec 15, 2005 7:02 am PT
Login to rate this comment
/ (+0)
SavoyPrime

It's nice to see they were able to work things out.

Posted Dec 15, 2005 6:48 am PT
Login to rate this comment
/ (+0)
havoc4489

OK having worked in the comic industry I remember when Diamond Distribution who owns DC bought Marvel. Does it matter that one is on PS and one is on Xbox?

Posted Dec 15, 2005 6:48 am PT
Login to rate this comment
/ (+0)
khellendros1

Well that's great. I'm a fan of Sony's machine but I'm not a fan of DC. So I guess I'll have to stick with City of Heroes. As for the lawsuit, did Marvel expect NCsoft to limit the power combinations a player can pick? For example, if your character controls the weather he or she can't fly (ie:Storm). They're crazy.

Posted Dec 15, 2005 6:46 am PT
Login to rate this comment
/ (+0)
blackIceJoe

How can you say Batman is bad it is the big seller even more then Marvel but one comic is not that good when you look at marvel.

Marvel even knows Batman is awesome but in the end DC falls short of having better Comics but Batman is a Legend

Posted Dec 15, 2005 6:01 am PT
Login to rate this comment
/ (+0)
Igiss

NCsoft has a strong MMORPG lineup and it's fine that they could handle this without restricting... oh, wait, they did restrict character changing according to Swampthing.

I still think that Marvel was wrong in this situation, sounds like sueing for wearing costumes of superheroes in real life.

Posted Dec 15, 2005 5:11 am PT
Login to rate this comment
/ (+0)
Swampthing

Here's what's wrong with this picture... NCSoft's entire argument that it will not restrict the character creation process is a crock of bull. They sent letters to everyone who had a character barely resembling any trademarked character and forced them to change that particular clothing piece and/or name. On the one hand, NCSoft were beating their collective chests in court saying that this should not be changed, and on the other hand they were hounding their users to change their characters. NCSoft lost big marks for this one...

Posted Dec 15, 2005 2:54 am PT
Login to rate this comment
/ (+0)
ewjim

It's did't matter for me, because i will not play in MMORPG on consoles... OR PC...

Posted Dec 15, 2005 2:05 am PT
Login to rate this comment
/ (+0)
cypher50

Thrallia, you have X-Men Legends I & II, Marvel vs. Capcom, the Spider-Man games...yes, Thrallia, there are good games based on comics.

Posted Dec 15, 2005 12:16 am PT
Login to rate this comment
/ (+0)
Thrallia

seriously...are games based on comics ever very good?

Posted Dec 14, 2005 10:55 pm PT
Login to rate this comment
/ (+0)
macmaster1

So the war beggins sony vs. microsoft, DC comics vs. marvel. An interesting combination that might produce some worthy games.

Posted Dec 14, 2005 7:36 pm PT
Login to rate this comment
/ (+0)
forever_blank

Ok... More lawsuits, or less, whatever is your outlook on life

Posted Dec 14, 2005 7:33 pm PT
Login to rate this comment
/ (+0)
YukoAsho

At least the lawsuit's not going to hang over gamers' heads. I'd hate to see modding destroyed because of the threat of such frivolity.

Posted Dec 14, 2005 7:23 pm PT
Login to rate this comment
/ (+0)
Drevan

Sony snagged DC comics... honestly, does anyone care about DC comics? I mean, they have Batman and Superman, neither of which are all that interesting.

Posted Dec 14, 2005 3:49 pm PT
Login to rate this comment
/ (+0)
Drevan

Sony snagged DC comics... honestly, does anyone care about DC comics? I mean, they have Batman and Superman, neither of which are all that interesting.

Posted Dec 14, 2005 3:48 pm PT
Login to rate this comment
/ (+0)
LordOfMidnight

That whole pi$$ing contest and now they sit down and come to an agreement. What a waste of energy.

Posted Dec 14, 2005 3:08 pm PT
Login to rate this comment
/ (+0)
dalriders

i wonder how diffrent the marvel mmo will be from city of heroes

Posted Dec 14, 2005 2:30 pm PT
Login to rate this comment
/ (+0)
Caine01

This brings the console wars to a whole new level.

Posted Dec 14, 2005 2:25 pm PT
Login to rate this comment
/ (+0)
advertisement

Latest Entertainment Headlines

Latest TV headlines from
Emmy nominees warn against actors strike
Hollywood's leading actors union got a kick in the rear end Thursday from several Emmy nominees worried about the threat of a strike.

News Features

Featured Stories

E3 2008: SCEA unveils $399 80GB PS3, God of War III

Sony's press conference sees SCEA president Jack Tretton reveal Resistance for PSP and MAG, an all-new massive action game from Zipper Interactive; PS3 video store launching tonight; full video inside.
Posted Jul 15, 2008 11:31 am PT

Newsmakers

E3 2008: Video Q&A: Carmack on 'one-game' id-EA deal

Legendary Doom founder, id lead designer Tim Willits, and EA Partners GM David DeMartini talk to GameSpot about how Electronic Arts became Rage's publisher.
Posted Jul 14, 2008 10:47 pm PT