Quantcast
Destructoid - MaximusPaynicus's Community Blog




About Me
Konnichiwa!

My name is James. By day I am a freelance copywriter and editor. While the perks of this job are getting to sleep 'til 2pm and working in my underwear, I've learned far more about hemorrhoid cream and proper swimming pool chlorination than I ever care to.

I guess you could say I'm a "former" video game "journalist" (though I wouldn't call myself the J word). I am the former Editor-in-Chief of Binge Gamer and I spent time writing at other blogs. I gave it up because while I love gaming and the gaming industry, I just didn't have the constitution to run my own business.

Not at the age of 23, anyways.

Let's see... apart from that I'm prior service US Army (Military Police), a stand-up comedian, a connoisseur of soft drinks and I once wrestled a cheetah.

I was victorious.
Gamer Profile
3DS friend code:
Steam: MaximusPaynicus
Battle:
PSN: MaximusPaynicus
Mii:
Gamertag: MaximusPaynicus
Following (11)
BahamutZero
BlindsideDork
BlueFalcon
Colette Bennett
Jim Sterling
Marc Allen
njsykora
PacoDG
ProperlyParanoid
xBBx
Xzyliac
Capcom Sued by "Dawn of the Dead" Producers
MaximusPaynicus | 1:31 PM on 02.26.2008 24 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



Attached photos:

Photo

Is this post awesome? Vote it up!

0



Post a comment! You can also post a photo below:

Comment with Facebook





Click connect and comment instantly!

Comment with Dtoid





New? SIGN UP - it takes 5 seconds

19 comments | showing # 1 to 19
prev next

Dagerr's Avatar - Comment posted on 02/26/2008 13:44
Dagerr
wow.....words...fail me.
electristan's Avatar - Comment posted on 02/26/2008 13:45
electristan
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 Avatar - Comment posted on 02/26/2008 13:52
twincannon
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 Avatar - Comment posted on 02/26/2008 13:57
ShawnKelfonne
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 Avatar - Comment posted on 02/26/2008 14:04
Technophile
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 Avatar - Comment posted on 02/26/2008 14:05
Rockvillian
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 Avatar - Comment posted on 02/26/2008 14:07
Arttemis
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 Avatar - Comment posted on 02/26/2008 14:09
B-Radicate
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 Avatar - Comment posted on 02/26/2008 14:10
DaTgUy
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 Avatar - Comment posted on 02/26/2008 14:11
BigPopaGamer
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 Avatar - Comment posted on 02/26/2008 14:14
RHWeeeee6
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 Avatar - Comment posted on 02/26/2008 14:17
bloodylip
But why isn't anybody suing over Snakes on a Train or Transmorphers?!
ShawnKelfonne's Avatar - Comment posted on 02/26/2008 14:18
ShawnKelfonne
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 Avatar - Comment posted on 02/26/2008 14:22
Shin Oni
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 Avatar - Comment posted on 02/26/2008 14:23
corneliuscack
Don't worry capcom, apolo can perceive justice~!!


also, mr. hat.
Conrad Zimmerman's Avatar - Comment posted on 02/26/2008 14:24
Conrad Zimmerman
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 Avatar - Comment posted on 02/26/2008 14:59
Cowzilla3
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 Avatar - Comment posted on 02/26/2008 15:08
EternalDeathSlayer
didn't this happen like two weeks ago?

I'm certain Necros did a blog on this a while back.
EternalDeathSlayer's Avatar - Comment posted on 02/26/2008 15:11
EternalDeathSlayer
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.
prev next

Comment with Facebook





Click connect and comment instantly!

Comment with Dtoid





New? SIGN UP - it takes 5 seconds

Comments policy

Destructoid is an open discussion community. You don't need to "audition" to post a comment - just speak your mind. We respect differing opinions on the site, so have at it. Be smart, funny, insightful, clueless, or cute -- but back it up with substance. Keep your cool, keep it fun. We only ask that you act respectfully and above all: don't be a troll and ruin it for everyone else. Don't bring down gamers or we'll, you know, gently shoot you in the face and stuff you into a flaming mailbox. Each comment is your opportuntity to make this community awesomer. Is that even a word?

Avoiding the banhammer only requires common sense: spamming, trolling, racism, NSFW stuff, and other forms of sucking will not be tolerated. If anyone is griefing please report abuse. Be good. Don't suck!