Marvel sues computer game for allowing players to create Marvel-like characters. My immediate reaction, without much exposure to the game: direct copyright (and perhaps trademark) infringement -- possible, depending entirely on the marketing materials; contributory and vicarious trademark infringement (which essentially alleges that the game company encourages players to violate trademark law) -- ludicrous, since the players are not using the characters to sell anything; and contributory and vicarious copyright infringement (alleging that the company encourages players to violate copyright law) -- very interesting and potentially tricky. It's not quite the same as suing Crayola for providing the tools for kids to draw Wolverine, but it's definitely on the spectrum.

So maybe I should post my review of Grant Morrison's run on New X-Men, to continue with the theme. Read more... )
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