quick question about the code of conduct.

[Nericus]

First well done and again, thanks for bringing the game back.

 

Second: the code of conduct doesn't seem to cover trademark character names.

 

Is it safe to presume that characters that are too closely inspired by trademarked characters risk getting hit with the generic bat?

 

I only ask as I have seen a few clones running around and since these servers are in a legal grey zone as it were, I figure that is a particular beehive that need not be poked.

[_NOPE_]

I doubt it. It's already an illegal server, what do they care about trademarks?

[Nericus]

I doubt it. It's already an illegal server, what do they care about trademarks?

 

Valid point but the admins have enough to worry about from a possible Ncsoft attack with out adding DC or Marvel and their lawyers into things

 

Granted marvel lost the lawsuit, but the game was policed to avoid further problems

[Jaguaratron]

I doubt it. It's already an illegal server, what do they care about trademarks?

 

Valid point but the admins have enough to worry about from a possible Ncsoft attack with out adding DC or Marvel and their lawyers into things

 

Granted marvel lost the lawsuit, but the game was policed to avoid further problems

 

No one is making money, you are as likely to have DC sending you a C&D because you put a red towel over your shoulders and run down the street going "whoooosh" and proclaiming yourself to be Superman.....

[MetaVileTerror]

Aside from the (un)likelihood of Marvel or D.C. taking any notice . . . my thoughts on the matter:

 

We live in an era where corporations have more authority and power than individuals when it comes to intellectual property law, even when it falls under the protection of Fair Use (such as parody).

I'd personally recommend avoiding intentional infringement of any kind.  Even if the server is illegal (questionably; it's against the EULA and ToU, but those aren't prosecutable law, as I understand it, and international law would need to get involved with people in the Americas using servers in Europe to emulate a game owned by a Korean company), it doesn't do anyone any  favours to skirt additional dangerous lines.  And really:  What benefit does it give a player, if any, to name a character in-game after a piece of intellectual property owned by a highly litigious mega-company?  Seems like tonnes of risk for zero reward to me.

[Kaliselia]

Come on you should know better than to create a Hero and use a name from either DC or Marvel.

 

 

[Healix]

People here are so creative and clever, it has amazed me. The solution is just to create a look-alike and come up with an ingenious name....we will all be able to figure it out.

Back on live I created an SG named 'Legends Live On', and it was for the descendants of famous heroes that everyone was familiar with. (There were quite a few members!) My personal creations included Donna De Lavega (Zorro's daughter), Jane Reid (The lone Ranger's daughter) and Kal Arra (Superman's sister.) There was also 'FlyByKnight' (Batman's brother), 'Heaven's Hammer' (Thor's son) just to name a few.

[Piledriver]

More for me.

 

But actually, I encourage taking advantage of your freedom here. Make knockoffs. Make modded textures to be as accurate as you can and publish them proudly. If you don't someone else will. Why behave like a mouse now, when you are publicly skirting the law and stealing this game as far as the law is concerned?

 

Everyone behaving like mice is a part of how the Mouse (and it's ilk) got so powerful in the first place, and unlike Cryptic/NCSoft with their massive commercial interests, we've very little if anything to lose if these publishers ever did make an issue of it.

[Lamb Chop]

I don't understand why people wanna make those characters in the first place. Isn't the fun coming up with your own unique character?

[The Fifth Horseman]

What benefit does it give a player, if any,

Two words: power fantasy. For some, getting to play as the hero they idolize is a crucial part.

Think of it as cosplay with superpowers.

[Piledriver]

I don't understand why people wanna make those characters in the first place. Isn't the fun coming up with your own unique character?

 

I'd rather see a dozen knockoffs of the Big Two's pantheons running around than what passes for superhero/villain character concepts in the minds of some players, but I don't normally say that because it's not my place to dictate other people's entertainment.

 

As for why I dig recreating specific characters, or types of characters, in CoX: it's actually quite creative, shuffling powers and slotting around to viably approximate the character's abilities, and make it play in a way that feels natural to me (something actual licensed game adaptations have missed, often enough). Sure, it can be a bit hacked-together, especially if the game is working against you with cockamamie powers that seem out of place in any concept (Umbral Beast, anyone?), or doesn't give you even the right base combination of powers, but there's arguably more challenge in recreating a known character well than slapping together whatever the game hands you and labeling it "your own unique character."

[jubakumbi]

More for me.

 

But actually, I encourage taking advantage of your freedom here. Make knockoffs. Make modded textures to be as accurate as you can and publish them proudly. If you don't someone else will. Why behave like a mouse now, when you are publicly skirting the law and stealing this game as far as the law is concerned?

 

Everyone behaving like mice is a part of how the Mouse (and it's ilk) got so powerful in the first place, and unlike Cryptic/NCSoft with their massive commercial interests, we've very little if anything to lose if these publishers ever did make an issue of it.

 

I agree.

Stop the FUD.

 

Do what you want to do.

 

Fear of the 'terrible corporate menace' is silly, IMO.

 

NCSoft will invoke it's rights, or it won't.

 

Specific characters built on the server will have zilch to do with that.

And money changing hands has absolutely nothing to do with any of it, nor does the ToS or the EULA.

 

The code was stolen. We are playing on servers running on that stolen code, period.

Worrying over copying trademarked characters at this point is silly, IMO. 

 

WHy do people love FUD so much? :)

 

[Hyperman]

WHy do people love FUD so much? :)

 

I’m afraid I’m uncertain what you’re talking about and I doubt other people are too. :)

[Nostromo21]

No. The code & the runtimes + DB components were copied, not stolen, and are simply being re-used, IMO under virtually fair use.

The publisher did nothing with the IP (and that's the biggest oxymoron of the last century!) for *seven* years. Given most data retention doesn't survive more than 7 years, I reckon it's fair game.

 

All works of this kind once they effectively become abandonware, as CoH clearly has, should be forced to be released into the public domain, game over. I even strongly believe all closed mmos should be offered up to private hosting and to the fans & customers who funded the ongoing running of the game & lined the pockets of devs/pubs. Hell they could even ask for a small royalty! Too many great creative gaming works are being lost to greed and nonsensical civil (NOT criminal) laws.

[leese]

I've got loads of original characters I'm attached to.

 

but I'd also really like to run around in a group composed entirely of Persona knockoff characters.

[Burnt Toast]

Ehhhhh... saying they were copied doesn't tell the whole story - they were copied and given away - which both parties involved knew was illegal. So technically no they were not stolen, but that doesn't make the "transaction" legal. Just because you believe something... doesn't make it true. While the game CoH may have appeared abandoned to you - NCSoft still used characters from CoH in another game (Master X Master) which was released just two years ago.

 

Discounting a law because it is a civil law is a bit much. I mean sexual harassment is a civil law... as is employment discrimination. Belittling the importance of civil laws does not make your argument stronger. I'm sure there are still many people who think it is nonsensical that they can't hire just Caucasian men, but ya know... that pesky civil law.

 

To the OP - to be honest I am not sure what Homecoming's stance is on these types of characters. I saw a Thor the other day (War Mace/Elec Brute) and a Hulk (Inv/SS Tank) and a Deadpool (Dual Pistols Blaster) and... well you get the idea. Oh and I never saw a Dr. Strange when the game was live, but guessing since having his own movie and being in the last two Avengers his popularity has obviously increased as I have seen a Doc Strange, Dr. Stranger, Dr. Strange, and on and on.

 

No. The code & the runtimes + DB components were copied, not stolen, and are simply being re-used, IMO under virtually fair use.

The publisher did nothing with the IP (and that's the biggest oxymoron of the last century!) for *seven* years. Given most data retention doesn't survive more than 7 years, I reckon it's fair game.

 

All works of this kind once they effectively become abandonware, as CoH clearly has, should be forced to be released into the public domain, game over. I even strongly believe all closed mmos should be offered up to private hosting and to the fans & customers who funded the ongoing running of the game & lined the pockets of devs/pubs. Hell they could even ask for a small royalty! Too many great creative gaming works are being lost to greed and nonsensical civil (NOT criminal) laws.

[jubakumbi]

WHy do people love FUD so much? :)

 

I’m afraid I’m uncertain what you’re talking about and I doubt other people are too. :)

 

Fear, Uncertainty, and Doubt. FUD.

 

So many people seem to make up things to be scared of to prevent themselves from enjoying life...

[Piledriver]

they were copied and given away - which both parties involved knew was illegal. So technically no they were not stolen

 

Back in the 80s we useta rent video tapes and copy them with a second VHS machine. Even go to the flea market and sell those copies sometimes.

 

We copied music the same way with cassettes.

 

Then in the 90s came CD-Rs, and then Napster, and DVRs.

 

We started stealing everything!

 

Yes, stealing. Own that. Because we don't own any of this. We are stealing it. They stole it. It is stolen.

 

Feigned ignorance isn't much of a protection if the lawman comes for you. Doing it on such a massive scale that law-enforcement can't afford to chase everyone down is how we get away with it most of the time.

[Zolgar]

they were copied and given away - which both parties involved knew was illegal. So technically no they were not stolen

 

Back in the 80s we useta rent video tapes and copy them with a second VHS machine. Even go to the flea market and sell those copies sometimes.

 

We copied music the same way with cassettes.

 

Then in the 90s came CD-Rs, and then Napster, and DVRs.

 

We started stealing everything!

 

Yes, stealing. Own that. Because we don't own any of this. We are stealing it. They stole it. It is stolen.

 

Feigned ignorance isn't much of a protection if the lawman comes for you. Doing it on such a massive scale that law-enforcement can't afford to chase everyone down is how we get away with it most of the time.

 

Piracy is NOT stealing. It absolutely, positively, 100% is not stealing.

 

It's copyright violation, which is a federal crime, as opposed to something under the jurisdiction of your local police, and the penalties for copyright violation are far more severe than that of theft of a comparable level (such as stealing movies and music from Wal Mart).

 

Legally speaking, piracy is far worse than theft.

 

-Thank you,

We now return you to your regularly scheduled thread.

[Hyperman]

WHy do people love FUD so much? :)

 

I’m afraid I’m uncertain what you’re talking about and I doubt other people are too. :)

 

Fear, Uncertainty, and Doubt. FUD.

 

So many people seem to make up things to be scared of to prevent themselves from enjoying life...

 

Sometimes people enjoy life in different ways.