Character was reset...due to copywritten costume? WTF?

[Ghost]

  On 4/11/2024 at 9:31 PM, Niizzy said:

Since when Homecoming have these shenanigans? I have characters inspired by Sabretooth, Psylocke and a lot of others well know characters, even their names is the same and nothing ever happened, now I made a complete Gambit replica and was proud as hell, having a lot of fun but when I logged into the game I saw the character was completely reset and received an email to not replicate the costume again because its copywritten???

 

Is this the consequences of the NcSoft thing already?

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Patiently waiting for the follow up thread complaining about all his other characters being generic’d

 

 

[Marshal_General]

  On 4/12/2024 at 3:29 AM, Snarky said:

On the bright side you can use what is in the public domain.  Its not original, but no problemo.  I use Nosferatu.

 

And hey, steamboat willy is now available!

 

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I should make a character named, Steampunk Willy, who suffered from a bad groin injury.

[ZemX]

  On 4/12/2024 at 11:52 AM, GM_GooglyMoogly said:

He may be a loving Doggie Daddy and a scrumptious baked good, but Crumpet will nuke a nest of copyrighted characters while cackling maniacally. 

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[PeregrineFalcon]

  On 4/12/2024 at 2:34 AM, Luminara said:

Actually, I added that to the ToS.  I need snacks.

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Wait, what?

 

It used to just be trips to Spankyland. Now you're actually harvesting organs?  😱

[Luminara]

  On 4/12/2024 at 4:33 PM, PeregrineFalcon said:

Wait, what?

 

It used to just be trips to Spankyland. Now you're actually harvesting organs?  😱

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I farm that part out.

[Herotu]

  On 4/11/2024 at 9:31 PM, Niizzy said:

Since when Homecoming have these shenanigans? I have characters inspired by Sabretooth, Psylocke and a lot of others well know characters, even their names is the same and nothing ever happened, now I made a complete Gambit replica and was proud as hell, having a lot of fun but when I logged into the game I saw the character was completely reset and received an email to not replicate the costume again because its copywritten???

 

Is this the consequences of the NcSoft thing already?

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Look on the bright side...

 

If you made all those other "homages", and they didn't get reset, then this particular one must be better/more recognisable! I think that's a positive. Well done.

[Andreah]

We can buy games where we play many of those copyrighted characters. They own the copyrights to those characters, and have the legal right to deny us access to playing them unless we pay for it. When we come here to do it instead, in their eyes, and in the eyes of the law, we are cheating them of a sale in a way that's more or less equivalent to theft. 

 

Sometimes people can get away with it, because they lay low, or were just lucky. But it's still wrong, and it's still something we each agreed to not do. Even if all we did was click an okay button on a web form -- that's still our given word, and we should be good for it.

 

We have nearly limitless creative potential in names, backgrounds, and costumes. Let's be original, or at least stick to respectful homages.

 

If you make an homage character, and if you're in doubt -- /petition yourself! If you were over the line, the devs will let you know! If not, you can play that character free of any worry it will ever get the gen-hammer. Win-win!

[PeregrineFalcon]

  On 4/12/2024 at 5:23 PM, Luminara said:

I farm that part out.

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I'm not convinced that subcontracting out trips to Spankyland is the way to go.

[Shenanigunner]

All I can add is that I'm quite glad the cape talking to the crowd in Liberty Plaza, to Ms, L's left, doesn't in any way resemble any comic book hero ever created in all of time.

 

🤪

Edited April 12, 2024 by Shenanigunner

[GM Crumpet]

  On 4/12/2024 at 11:52 AM, GM_GooglyMoogly said:

He may be a loving Doggie Daddy and a scrumptious baked good, but Crumpet will nuke a nest of copyrighted characters while cackling maniacally. 

 

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I didn't say I didn't enjoy it 😛 

[Luminara]

Team Lead: "Might have to lower the difficulty... they have an army."
Hulk Rip-off: "We have a Hulk!  HULK SMASH!"

Crumpet: "You have a GenericHero4628."
GenericHero4628: "ZOMG Y U NO LET ME STEAL?????"

[GM Crumpet]

  On 4/12/2024 at 11:06 PM, Luminara said:

Team Lead: "Might have to lower the difficulty... they have an army."
Hulk Rip-off: "We have a Hulk!  HULK SMASH!"

Crumpet: "You have a GenericHero4628."
GenericHero4628: "ZOMG Y U NO LET ME STEAL?????"

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You were on my team then?

[Techwright]

  On 4/12/2024 at 3:19 AM, Oubliette_Red said:

Tidbit: The lawyer that fought off Marvel got a standing ovation at the 2008-09? HeroCon.

 

Players have always been protective of CoH and have been very good at self-policing and reporting copyright violations. Even more so after the lawsuit.

 

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I was hoping to see something like this.  Generic'ed characters go all the way back to the early original game.  I've mentioned it elsewhere months past, but when I came to the game in the winter of 2004/05, I almost immediately made a Green Hornet.  A kindly soul stopped me on the street and explained I'd not be allowed to keep it and the reasons why.  I don't know who that was, but I thank them for their kindness.  Then the game went through that whole Marvel lawsuit thing, and players realized to keep what they loved, they had to protect it.  It could happen again, free game or not.

 

[Scarlet Shocker]

  On 4/12/2024 at 4:33 PM, PeregrineFalcon said:

Wait, what?

 

It used to just be trips to Spankyland. Now you're actually harvesting organs?  😱

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At home he has a barrel, a Wurlitzer and his pride and joy an original Hammond B3

[DoctorDitko]

I love that the Marvel lawsuit really fell apart when Marvel's lawyers confessed that they themselves had made the infringing characters they presented as evidence. You know they would have had the generic-bat applied had they actually played them!

[Techwright]

  On 4/13/2024 at 3:54 PM, Clave Dark 5 said:

I won't go as far as to say "be original" because I've been known to uh mine pre-existing ideas for super hero gaming, even back as far as pen n paper games ha ha... One can do an homage as they I think still call it, more than just a nod towards the property, by putting a slight spin on it.  Maybe Gambit could... wear a hat?  Or be green!  Call him "Cardz Trick" or something.  Zing!  Yer safe!

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I've seen some wonderful homages in the game.  They show respect for the source, fan loyalty, and creative originality.  Win all around.

[Sanguinesun]

  On 4/11/2024 at 9:31 PM, Niizzy said:

Since when Homecoming have these shenanigans? I have characters inspired by Sabretooth, Psylocke and a lot of others well know characters, even their names is the same and nothing ever happened, now I made a complete Gambit replica and was proud as hell, having a lot of fun but when I logged into the game I saw the character was completely reset and received an email to not replicate the costume again because its copywritten???

 

Is this the consequences of the NcSoft thing already?

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1. Thanks for letting the team know to check your accounts entire bank of characters for more violations.

 

2. Copyright character names/costume likenesses have been a generic'd thing since the game was live decades ago as well.  Before HC got the license it was also enforced.  Players can and will report you or game moderators also proactively at times themselves will do so.   

 

In other words this is nothing new.  You've been gambling, and basically eventually you lose.  You also very much knew better. Since this is part of the tos.

 

3.  Why mimic when you can be creative and come up with something new? If you want to pay homage to a comic character and play CoH, keep it in your mind, and not in the name or costume.  

Edited April 13, 2024 by Sanguinesun

[Sanguinesun]

  On 4/13/2024 at 1:40 PM, DoctorDitko said:

I love that the Marvel lawsuit really fell apart when Marvel's lawyers confessed that they themselves had made the infringing characters they presented as evidence. You know they would have had the generic-bat applied had they actually played them!

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The lawsuit was actually settled by both sides and not because of that. T

 

From the settlement, Cryptic agreed to make Marvel an mmo what was to be Marvel Universe Online mmo. That's where Marvel thought they'd gain the most financially from the settlement(as CoH even then wasn't a revenue power house.  It was profitable but not insanely so. But Cryptic pretty much(and some argue intentionally) sank their efforts with the project to where Microsoft(as they were also putting forth support with it) pulled out.  Cryptic then for financial reasons sold CoH to NCSoft, and took the remnants(how convenient that worked out mmm...) of what they were working on and made Champions Online from it (Grond in the desert is basically hulk reskinned for example). Cryptic divested themselves of what they felt was an aging game/IP and created a new one.  Eventually of course ole Jack Emmert left cryptic around 2015 and has hopped around different game companies since and settled now with his own company called Jackalope Games(appropriate name really) 2 years ago.... then changed the name to Jackalyptic a year later claiming they're working on a warhammer game. 

 

 

 

 

[Kyksie]

Cripes, just make a parody character. It's been established that parodies do not violate copyright, so legally you're in the clear. Pick a random name, give him a staff, a trenchcoat, and a shaft of rebar sticking out of his side, and you're good to go.

 

"The name's Ragin' Gumbo, mon ami. Remember it."

 

[Oubliette_Red]

  On 4/13/2024 at 3:54 PM, Clave Dark 5 said:

I won't go as far as to say "be original" because I've been known to uh mine pre-existing ideas for super hero gaming, even back as far as pen n paper games ha ha... One can do an homage as they I think still call it, more than just a nod towards the property, by putting a slight spin on it.  Maybe Gambit could... wear a hat?  Or be green!  Call him "Cardz Trick" or something.  Zing!  Yer safe!

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I had exactly 2 "homage" characters back on Legacy. Sorro the Spay Blade - A dual blade veterinarian on Virtue, and a Grammaton Cleric when Dual Pistols came out. I already had a 100+ characters across multiple servers before they came into being because I wanted to play my own creations. Ever since I started buying comics in the early 80's Wolverine had always been my favourite character but I never even thought to recreate or attempt a homage of him in the game.

 

[Shenanigunner]

  On 4/13/2024 at 6:09 PM, Sanguinesun said:

From the settlement, Cryptic agreed to make Marvel an mmo what was to be Marvel Universe Online mmo. That's where Marvel thought they'd gain the most financially from the settlement(as CoH even then wasn't a revenue power house.  It was profitable but not insanely so. But Cryptic pretty much(and some argue intentionally) sank their efforts with the project to where Microsoft(as they were also putting forth support with it) pulled out.  Cryptic then for financial reasons sold CoH to NCSoft, and took the remnants(how convenient that worked out mmm...) of what they were working on and made Champions Online from it (Grond in the desert is basically hulk reskinned for example). Cryptic divested themselves of what they felt was an aging game/IP and created a new one.  Eventually of course ole Jack Emmert left cryptic around 2015 and has hopped around different game companies since and settled now with his own company called Jackalope Games(appropriate name really) 2 years ago.... then changed the name to Jackalyptic a year later claiming they're working on a warhammer game.

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Gotta confess, I fell asleep halfway through that.

 

But then, there are people absolutely obsessed with everything movie producers do, too.

 

And you can no longer download a solitaire game that doesn't have six layers of ownership, perpetually interrupting ads and endless long-form pitching... of other free games.

 

Where'd I put that deck of cards...?

[Sanguinesun]

  On 4/13/2024 at 7:33 PM, Shenanigunner said:

 

Gotta confess, I fell asleep halfway through that.

 

But then, there are people absolutely obsessed with everything movie producers do, too.

 

And you can no longer download a solitaire game that doesn't have six layers of ownership, perpetually interrupting ads and endless long-form pitching... of other free games.

 

Where'd I put that deck of cards...?

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Yes, we understand you're not playing with a full deck.... 🤣

[Shenanigunner]

  On 4/13/2024 at 8:06 PM, Sanguinesun said:

 

Yes, we understand you're not playing with a full deck.... 🤣

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Anyone who doesn't throw out the blank and the advertising card is just carryin' too much baggage.

[DoctorDitko]

  On 4/13/2024 at 6:14 PM, Kyksie said:

It's been established that parodies do not violate copyright

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  Absolutely! The Fair Use doctrine also covers things like review, commentary, and critical analysis. Though making a character out of the last ones could be challenging.

 

(Not a lawyer, but I used to have to keep up with copyright stuff for work.)

 

Unfortunately, most famous comics characters are also trademarked. Trademarks are a whole separate kettle of fish, and, unlike copyright, must be defended or you can lose them (c.f. Kleenex, Aspirin, Heroin). This I am no expert on, but one of the biggies is "Could a (really stupid) consumer confuse your product with mine?"

 

  On 4/13/2024 at 6:09 PM, Sanguinesun said:

The lawsuit was actually settled by both sides and not because of that.

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Awwww!

I still think that revelation was a turning point, but I guess we'll never know for certain.

I hate that settlements usually stipulate secrecy.

 

  On 4/13/2024 at 8:23 PM, Shenanigunner said:

Anyone who doesn't throw out the blank and the advertising card is just carryin' too much baggage.

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There are some nifty card tricks you can do with the blank one. And, yes, the ad one is good to practice throwing!

 

[Snarky]

  On 4/13/2024 at 6:14 PM, Kyksie said:

Cripes, just make a parody character. It's been established that parodies do not violate copyright, so legally you're in the clear. Pick a random name, give him a staff, a trenchcoat, and a shaft of rebar sticking out of his side, and you're good to go.

 

"The name's Ragin' Gumbo, mon ami. Remember it."

 

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