Capcom is looking to protect its right to kill hordes of zombies in a shopping center. In a legal complaint filed this week (PDF file via The Hollywood Reporter Esq.), the game publisher asserts that "humans battling zombies in a shopping mall" is a "wholly unprotectible idea" under today's copyright laws.
The reason for Capcom's fair use claim reportedly comes from a draft complaint sent to the company (as well as Microsoft and Best Buy) by The MKR Group, who claim intellectual ownership of both Dawn of the Dead films. Capcom's filing notes that the company unsuccessfully tried to discuss the matter and that the game features a disclaimer that reads, "This game was not developed, approved or licensed by the owners or creators of George A. Romero's Dawn of the Dead."
It's time to conduct a very (ahem) scientific poll.













(Page 1) Reader Comments
Also, what a retarded lawsuit. Next they'll try to copyright the idea of the dead rising from their graves. And of people battling them in any scenario.
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Close call. You see, if MKR decides to make a 'Dawn of The Dead/Day of The Dead' game, all they could do is try to make something as good as Dead Rising, and even if they were successful, the entire game community would just say 'It's the same as DEAD RISING!' and the thing could be a bust, because Dead Rising was based on the concepts in the films and already did it, thus it's damaged MKR's possibilities to make a unique game.
Dead Rising is essentially a playable version of Romero's films, and if you refuse to see it, you're just being a hater because you saw the word 'lawsuit.'
White Wolf Publishing, makers of the World of Darkness tabletop roleplaying books attempted to block the release of Underworld, due to the fact that they had Vampires and Werewolves battling in a modern setting. Also the tone was very similar to what WoD sets up. Well obviously, they lost, because you can't copyright the concept of vampires and werewolves, or any general setting thereof.
I think that case could be used to get this suit thrown out. Sure, there's a movie about zombies in a mall. Was that movie about a photographer trying to get a scoop? Are any of the characters similar or the same? Is there some sort of government cover up? If the answers are no, then Dead Rising has a pretty good chance of being declared either fair use or unrelated property.
At least, thats how I see it, and I'm not a lawyer.
If a dawn of the dead game existed it would be probably crap because is would be a game based in a movie but if it was almost as good as Dead Rising hell I would buy it.
If you ask me the whole situation is ridiculous especially because we are talking about a game that was released 2 years ago unless of course Capcom is already developing the sequel :D
By the way have anyone else played Infected in the PSP?, That game was awesome I would kill for a sequel.
Really?
Well then i'll call MKR's shenanigans, on behalf of filmmakers prior to 1978 i'm suing MKR for using the term "Zombie" in conjuntion with the walking dead.
Dawn of the dead wasn't the first zombie movie, wasn't the last.
Did MKR sue the Remake? no...
Sorry, MKR's case holds as much water as a bottomless bucket... TM, C, R, BBQ 2008
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But the point still stands... zombie movies date back as far as 1932 (presuming that we count mummies and Frankenstein's monster merely as "reanimated dead" rather than "zombies"). Most of the movies that broke ground in the zombie movie arena are probably public domain by now, but that just makes this case more idiotic, as it should all count under "prior art". If zombies are public domain, and the concept of zombies attacking people is public domain, and the concept of people defending themselves against attacking zombies is public domain, it shouldn't matter *where* the attacking and defending happens.
Just in case, though, dibs on zombies in space, zombies underwater, and zombies vs. the Harlem Globetrotters.
Careful my friend, lest Bioware sue you for stealing intellectual property from Mass Effect.
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well if you put it all into perspective, just the idea of killing zombies in a mall is the only thing remotely close to the movie... okay, and maybe being bunkered down in the security office... But besides that, the storylines are different... How many ripoff movies have we seen... Lets go with Jaws, and that movie with the ridiculously huge shark that swallows a boat? lmao...
but same difference... Sci-Fi channel makes rip off movies of every popular movie from jaws to aliens... You cant copyright a premise... only charachters and a storyline...
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If there's a sequel, I hope they go with (I think it was one of the 1up guys' idea) an amusement park setting. I can't even begin to imagine how glorious that would be...
In my opinion the next setting should be Washington D.C or some other mayor world capital, it could be Paris.
Paris would be a good setting too. You could visit Euro Disney, that place is already crawling with zombies.
zombies in a mall is copyrighted. seriously?
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They lost, Nintendo won.
Universal Studios was just trying to bully a company trying to get its roots in America.
Also, Kirby was not named after the vaccum, but the laywer for Nintendo who brought that fact up and saved the company.
The makers of tennis should sue the makers of Pong.
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Anyone see the previews for the Day of the Dead remake? HORRIBLE!
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I watched the remake; zombies should not be able crawl on ceilings or be vegetarians....
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Ancient Greece should file a class action suit against God of War, the real life should sue Second Life, and strippers should sue and video game with a female protagonist. Any more?
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I want to second the motion for "Zombies In Space !" or ZIS! as we afficinados call it. LOL
Did you guys hear about the zombie flick Max Brooks (Zombie Survival Guide) is making ... its gonna be about a zombie world war or something like that ,, awesome !!!
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SPOILERS!!!
You obviously don't know what your talking about. The Zombies in Romeros movies are undead rotten corpses coming back to life without a explanation. In Dead Rising the Zombies are caused by mutated wasps created by the U.S goverment as a weapon. A foreign man name carlito unleashs the parasite in a small town in the U.S to get even with the goverment. Because his home town was ravaged by the parasite and his parents were killed. The only similiarity is they are in a mall, and the zombies are slow. The slow zombies come from many different sources. Before and after Romero. The only similarity is Zombies in a mall. This lawsuit isn't justified. If you think it is, you don't know what your talking about.
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And I think you're being selective in what you call 'similar': there are many similarities in the two worlds. (You have two 'only similarities' in your argument, by the way, so somewhere in your subconscious you know there's more than 'a mall' making these entities similar).
Clincher for me was the mention of George Romero in the opening sequence to the game: that's enough to tell us that Capcom knew they were close enough to warrant reminding people that they aren't experiencing anything related to the movies.
On a side note, it's interesting to see people quick to dispel Dead Rising's similarities with 'Dawn of the Dead', et al, but remembering how people went totally 'judge and jury' and deemed Sony's Sixaxis as a rip- off Nintendo's Wii controller, something NOT even as related as this situation. Seems like sometimes people are really quick to give what they like and enjoy the benefit of the doubt, but anything else is a 'retarded lawsuit,' 'total rip-off,' etc. Just a thought.
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Under U.S. Copyright law, works of authorship are protected in their totality, meaning that it's an infringement to, for example, make a game that follows the story of Dawn of the Dead without a license from the rightsholder.
It has been well-settled in U.S. case law since the 1920's that a work employing scene-a-faire (common story or setting elements, in this case, the walking dead and a shopping mall) that have been used in another work is not an infringement; otherwise George Lucas could have been sued by effectively the entire world (including the recently litigious Tolkien estate) for Star Wars.
Capcom's attempt to disclaim any resemblance between their game and Romero's film is not an admission of guilt per se, but a savvy preemptive positioning move, much like the declaratory judgment action that sparked this article.
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The secret government plot and the evil cult were elements entirely new, the sheer size of the mall was much bigger, and there was no stupid "commercialism is what's turning us into zombies" moral theme behind the plot.
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After that, Hollywood sues Life for imitating Art.
Get over yourself Romero. There's no such thing as an original idea anymore. Why not sue the makers of 28 Days Later? Or Half-Life 2? Or anyone, anywhere, that's ever used the word zombie?
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MKR threatened legal action before the release of the game, Capcom added the disclaimer to the boxart, and MKR did not actually file charges then.
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