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Dead Rising copyright suit thrown out, zombies free to roam malls unhindered photo

Earlier in the year, Capcom was accused of infringing upon the classic George A. Romero film Dawn of the Dead with its mall-based zombie game Dead Rising. The titles were thematically similar, and the inspiration was definitely there, but a judge has deemed that zombies with a taste for window shopping are free from lawyers -- creatures as hungry for flesh and soulless as any undead creature.

United States Magistrate Judge Richard Seeborg has thrown out the suit after ruling that The MKR Group (the movie producer's company) could not identify any protected similarities between Dead Rising and Dawn of the Dead. Basically, you can't copyright the idea of putting zombies in a shopping center. Anything in the film that could legally belong to MKR were not in Dead Rising, including the film's social commentary on consumerism.

It wasn't all smooth sailing for Capcom, however. For instance, the game developer chose to establish genre conventions by submitting movie synopses from Wikipedia. Printing out things from a page that can be edited by any user does not, apparently, stand up in court. Silly Capcom.

That snafu aside, it seems that Dead Rising is free to roam shopping malls without fear of persecution. Bad luck to the money grubbers.







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Jim Sterling serves as reviews editor for Destructoid.com, head of the Podtoid podcast, and produces a number of news stories, original features, one-of-a-kind videos. With his passionate argumentative style, controversial opinions, harsh delivery, and dedication to brutal honesty Sterling is a name that you can't help but recognize. Likes PS2, iPod Touch, Silent Hill 2, Metal Gear Solid, Dynasty Warriors 3 Meet the rest of the team



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15 comments | showing # 1 to 15
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VengefulPenor's Avatar - Comment posted on 11/19/2008 20:02
VengefulPenor
Does this mean more zombie games?
MrSadistic's Avatar - Comment posted on 11/19/2008 20:08
MrSadistic
Finally, zombie rights are being recognized.
Mikey's Avatar - Comment posted on 11/19/2008 20:11
Mikey
We should hold a zombie march to celebrate the rights of zombies everywhere.

A zombie march through a shopping centre.
mr spooky's Avatar - Comment posted on 11/19/2008 20:12
mr spooky
Let George A. Romero do a Resident evil movie.
mix's Avatar - Comment posted on 11/19/2008 20:23
mix
Close call for all games that have anything from a shopping mall.

In this game you can clearly see the main character has shoes, these said shows can be bought from non other than............THE MALL *jury gasps*
crunks's Avatar - Comment posted on 11/19/2008 20:30
crunks
This is clearly a screenshot from the Wii version.
catsithx's Avatar - Comment posted on 11/19/2008 20:33
catsithx
Ah well I guess they finally saw it was a waste of time to really go through with this.
ChronosWing's Avatar - Comment posted on 11/19/2008 20:37
ChronosWing
The best sellers edition or whatever of dead reasing has a nice disclaimer in the bottom left corner of the box that says something to the effect of "This game is in no way associated with John Romero's Dawn of the Dead"
MechaMonkey's Avatar - Comment posted on 11/19/2008 20:57
MechaMonkey
Zombie Bill of Right, Article 3:

"The Undead (Zombies) are free to roam derelict shopping centers at will, regardless of any copyrighted material they may possibly infringe upon in doing so."
mudkip5000's Avatar - Comment posted on 11/19/2008 21:02
mudkip5000
Bolth Dawn and Dead Rising had gun stores in the mall. Do malls with gun stores actually exist in today's society?
ArrestedDeveloper's Avatar - Comment posted on 11/20/2008 01:38
ArrestedDeveloper
They should celebrate by announcing Dead Rising 2.
nicojay's Avatar - Comment posted on 11/20/2008 04:09
nicojay
You may say zombie rights have been recognized but how many zombies do you see in politics, could we ever hope for a zombie president. No, zombie prejudice still exists.
ANeM's Avatar - Comment posted on 11/20/2008 05:25
ANeM
So.. cue production on a mall campaign for L4D?
Demtor's Avatar - Comment posted on 11/20/2008 08:21
Demtor
Today, Zombies everywhere took one shambling step forward. Hooray!
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