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Reader Comments (31)

Posted: Dec 17th 2009 6:05PM wjowski said

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Can't really blame Cryptic for wanting to cover their asses here.

Still, this is the IP equivalent of suing Fanfiction.net or something.

Posted: Dec 17th 2009 6:06PM (Unverified) said

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There was a time, when there was something like "fair use".
I would count something like a fan building himself a crude version of Batman in a game like this "fan art". Fan art is to the best of my understanding "fair use".
Now of course nowadays, this is not the case anymore. People have become so overprotective of "their IP" (even though they usually did not even create it themselves, but merely bought or even inherited it), that fair use has become a thing of the past. The thing is, if you ask me, this only harms them in the long run. Fan art of a beloved characters only helps to make them more popular. But I guess that the greed is to big and the few dollars more one can press out of all that are worth it, or so I hope...
LOL

Posted: Dec 17th 2009 6:27PM (Unverified) said

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Skip you obviously have no idea what the Fair Use Law is actually for. Fair use does not cover Commercial Products that are used to generate revenue for a company. Even though a user is creating it the very definition of the EULA states that in the end all the content belongs to Cryptic.

If someone comes in and makes a Batman character and names himself Batman and gives his character bio the batman bio its not covered by the fair use law or even the term especially when money is being generated. Cryptic does not own the IP at all or even a liscence to use the various IPs and by definition they would be claiming 'ownership" of batman leaving them open to the legal system. A legal system which was used against them in the past.

You can create a Batman tribute without actually Copying Batman and Cryptic allows it. Just dont' name yourself batman and don't use batman's bio and definitely don't make yourself look way to much like batman.

Fan Art and Fan Fiction are not commercial in any form its a type of 'tribute' to the beloved character ... they aren't really covered by the fair use policy either but they are not commercial products in the least and most companies aren't going to go after Joe Blow the artist for sketching spiderman onto his notepad then selling it to Jack.
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Posted: Dec 17th 2009 6:17PM Dumac said

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They were already under legal troubles for this once, it is understandable that they have to prevent it from happening again.

Posted: Dec 17th 2009 6:21PM aurickle said

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Has Cryptic learned NOTHING since CoH? This was exactly the same issue that they had with that game, years ago.

Starting with launch they should have had a notice in the game every time you start character creation that you have to click "Ok" to remove. That notice would say something to the effect that, "Please only create your own, ORIGINAL characters! Any character found to be in violation of copyright will be removed. Do not create a character that is an obvious take on any published works by Marvel, DC or other companies."

How much do you want to bet that they STILL won't learn, and will go through exactly the same thing with "Captain Kook", "Mr. Spook", "Scouty", "Zulu", "Ohearyou", "Dworf" and other such characters in STO?

Posted: Dec 17th 2009 7:02PM (Unverified) said

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But, that's where you're wrong on that one with Star Trek Online. CBS and whoever else had/has the ownership rights to Star Trek is assisting in the STO game. And, Cryptic has full licensing rights to all things Star Trek (that's how they're able to make an official game like they are).

So, it wouldn't be an IP Copyright violation if someone made a character in their game based on the old characters as they've got the rights held to have them in their game. However, if someone named their character as such, I can see them using a GM to make a name change as those characters are long dead and/or still in-game and retired as it's 30 years after the last movie (regular movie, not JJ Abrams movie).
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Posted: Dec 17th 2009 11:59PM Sam not Spam said

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That's reasonable. Of course, its also assuming someone will read it. While I'm sure there are good number of offenders who are adults doing this, I'm sure a lot of kids will be like "words, words, words, lemme start already!"

...

Actually, I'll be there are a lot of adults like that too ;)
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Posted: Dec 18th 2009 9:08AM (Unverified) said

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They warn you not to do it when you get the game. It is not their fault if you ignore it and they have to project the company from ruin.
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Posted: Dec 17th 2009 6:23PM dudes said

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Kinda invalidates the whole game if you can't play Batman. I wonder if DC Universe Online will allow clones of DC heroes?

Posted: Dec 17th 2009 7:00PM dudemanjac said

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How does it invalidate it?
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Posted: Dec 17th 2009 8:07PM dudes said

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It depends if you played the game just to make a Batman. If so, then what's the point when your toon gets turned into Ken or Barbie without a costume? The whole game is ruined.
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Posted: Dec 17th 2009 10:09PM wjowski said

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...With that logic why pay for an MMO at all when you could just write Batman fanfiction?
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Posted: Dec 17th 2009 6:30PM (Unverified) said

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It doesn't invalidate the whole game Dude. Champions Online is based on its own super hero IP. The whole point of the game is to make your own hero not copy someone else's hero. You can make a bad ass crime fighting super hero with gadgets and a bitchen costume without labeling yourself "Batman". DC Universe will most definitely have the same rules especially since Batman, Superman, etc are in the game.

Posted: Dec 17th 2009 8:08PM dudes said

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Kinda invalidates, not completely invalidates. Getoutofjailfreecard loophole there.
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Posted: Dec 17th 2009 6:33PM Miffy said

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You're allowed to draw them or even make fan movies or make a costume but you can't make a character in a game that looks only slightly like the original.......

Posted: Dec 17th 2009 6:34PM Miffy said

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You could even model them for games like Counter Strike or make a mod with the characters in.

frigging stupid if you ask me

Posted: Dec 17th 2009 7:00PM Critical Mass said

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Haha, I'll never set my feet in USA. I suppose I might risk be breaking some law by simply wearing the wrong color on my clothes or something.

Posted: Dec 17th 2009 7:32PM (Unverified) said

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You are ill-informed. Many countries have copyright laws that are as strict, if not stricter, than American ones.
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Posted: Dec 17th 2009 7:38PM dudemanjac said

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How sad for you.
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Posted: Dec 17th 2009 8:07PM Critical Mass said

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I was not being entirely serious.
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