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Capcom Sued by "Dawn of the Dead" Producers
MaximusPaynicus | 1:31 PM on 02.26.2008 19 comments




MKR Group, the production company that owns the rights to the "Dawn of the Dead" films, is suing Capcom for copyright infringement. MKR Group alleges that "Dead Rising", a game that has you running around a giant mall hacking, slashing, and otherwise dispatching neverending hordes of the undead, is essentially a video game version of "Dawn of the Dead", which has a group of human survivors running around a giant mall while hacking, slashing and otherwise dispatching neverending hordes of the undead.

I don't see any similarity whatsoever.

MKR says it filed the complaint after talks with Capcom over the issue failed. Earlier this month, Capcom filed a case against the Dawn of the Dead producers in a California federal court, seeking an injunction to prevent MKR from suing Capcom for this very thing.

The complaint filed by MKR in a U.S. District Court claims that "both works are dark comedies" in which "absurdly groqesque 'kill scenes' provide unexpected comedic relief."

Um... duh? This really seems like an open and shut case that should go MKR Group's way. I'm not somebody who roots against the video game industry, but when you have to put a disclaimer on your jewel case that reminds consumers that your game is NOT based on Dawn of the Dead, you have a problem.

via Binge Gamer



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19 comments | showing # 1 to 19

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Dagerr's Destructoid Blog
wow.....words...fail me.
electristan's Destructoid Blog
so if I create something do I have to pay royalties to everything that has inspired me? ex. if i make a film were a group of soldiers have to go save another soldier i have to pay dreamworks since they made saving privet ryan (that film was probably not the first one with the concept anyway)?i know they are very similar but this seems dumb to me.
twincannon's Destructoid Blog
Well, I dunno how the courts would rule this or even myself, but I have to say MKR are probably pretty fucking dumb if they wouldn't have taken this as an opportunity to pimp the films or something. Like, hey, Dead Rising 2 is coming, get DotD on Blu-ray... or some manner of deal. I just don't see how a conflict is in their best interest in this matter, mainly.
ShawnKelfonne's Destructoid Blog
If Capcom actually went and lifted the complete story and lines of dialogue, I could see them having a case, but simply the premise? That seems like stretching it, really.
Technophile's Destructoid Blog
This is so silly. Their argument is that not only is it zombies in a mall, but that it's gory to the point of humorous?

has anyone seen a zombie movie that DOESN'T have "absurdly groqesque 'kill scenes' provide unexpected comedic relief"

They better get going suing Dead Alive, Evil Dead, and every other B zombie movie out there for the same reason.

Like shawnKelfonne said, it's not like the story line or dialog is the same nor is the look of the characters (other then the zombies, because really..they are zombies)
Rockvillian's Destructoid Blog
Wow, took them long enough to notice.

But I think they missed their chance. Zombies in malls are like zombies in amusement parks. They gotta go somewhere!
Arttemis's Destructoid Blog
I have to completely disagree. MKR doesn't own the rights to everything zombie related just because they made a movie about them decades ago.
B-Radicate's Destructoid Blog
Not so, ShawnKelfonne. Depending on how much of Dawn of the Dead's "creative essence" was lifted for use in Dead Rising (and from the half hour I played of the game I'd say a lot) the courts could easily rule in favor of MKR. And rightfully so.

That's the whole purpose of copyrights and IP protection. They are in place to protect people who come up with original ideas.

And, at electristan, you very well may need to pay the makers of SPR for your theoretical film, pending how much of that same essence is derived from the previous work. It's just the way it is nowadays. If you were to go out and make a movie or write a book about a female witch who goes to school and lives in the UK, although your work may be pretty different than Harry Potter, many people would be able to see that you pretty blatantly ripped off the essence of the story (which is funny, 'cause J.K. Rowling ripped it off of another writer from the early '80s but they settled out of court).

Intellectual Property rights are a tricky thing these days because of the vast influx of information being shared and content being created.

Personally, I think Capcom shot themselves in the foot on this one by even acknowledging the movie at all during the opening sequence of the game's boot-up. The fact they admitted there was enough of a connection as such people may see a passing resemblance or even mistake it for a DotD game is probably grounds enough for them to lose the suit. Had they not included that statement they could have easily feigned ignorance on the matter. As it stands, they sort of backhandedly admitted it's so similar to DotD it could be mistaken for it, which means they will more than likely lose.
DaTgUy's Destructoid Blog
I think its too little too late, maybe if they jumped on it when the game first came out, but seriously, COME ON
BigPopaGamer's Destructoid Blog
If this goes through than any company, whether it's book, film or music, could sue another company just because the second company's product is similar in some way.

That's just stupid. I mean, we all know movies rip off idea from each other all the time and no one gets mad. It's part of the business. Same thing with authors.
RHWeeeee6's Destructoid Blog
Its a tricky subject, Capcom did shoot themselve in the foot with the opening sequence boot-up thing, bu if MKR was goign to sue CAPCOM over this they should have doen this at the exact time that Dead Rising came out, not now, years later.
bloodylip's Destructoid Blog
But why isn't anybody suing over Snakes on a Train or Transmorphers?!
ShawnKelfonne's Destructoid Blog
If you were to go out and make a movie or write a book about a female witch who goes to school and lives in the UK, although your work may be pretty different than Harry Potter, many people would be able to see that you pretty blatantly ripped off the essence of the story

GrimGrimoire?
Shin Oni's Destructoid Blog
well if that's the case, Why hasn't someone sued Capcom for the resident evil series? that's just about touched all sides of dark comedy.
corneliuscack's Destructoid Blog
Don't worry capcom, apolo can perceive justice~!!


also, mr. hat.
Conrad Zimmerman's Destructoid Blog
As I recall it, MKR and Capcom have been discussing this since before the game released and the disclaimer was placed on the packaging and in the intro as an attempt to appease MKR. I can't remember if it was at their request or not.

Regardless, this is a pretty vague set of charges and it's hard to imagine victory for MKR in this suit.
Cowzilla3's Destructoid Blog
Wait wasn't this on the front page a while back? Maybe I'm wrong, my memory is failing me. Either way, they're still idiots.
EternalDeathSlayer's Destructoid Blog
didn't this happen like two weeks ago?

I'm certain Necros did a blog on this a while back.
EternalDeathSlayer's Destructoid Blog
Necros was first.


But this is the actual lawsuit happening now, Necros blogged on the impending suit before it actually came full circle.

So I'm not gonna bitch you out for being old. lol.


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