Posted by Dan on
September 23, 2008
Boingboing.net has an analysis of the facts in the SCEA/Jaffe God of War 2 copyright infringement case. It’s a worthwhile read for the facts of the case though I wouldn’t lend it much credence for legal conclusions (such as their claim that “The legal issue will be decided by deep pockets and, conceivably, a jury.” Whatever causes of action survive the inevitable 12(b)(6) motions to dismiss, will inevitably be kicked on summary judgment, meaning not only will this not ever get to a jury, it likely won’t get to significant discovery beyond what is already out their in the public.)
The article does elaborate on some things that were in the complaint but not really discussed in media coverage:
Starting in January 2002, the complaint says, the pair pitched their creation to Sony and companies that do business with Sony, who then “actively collaborated with each other regarding Plaintiff’s works.” Acting on their behalf, L.A. attorney Judith Karfiol sent the materials on to the Monteiro-Rose Agency, Ken Sherman & Associates, and Josh Berman, all companies who “regularly do business” with Sony. Bissoon-Dath also pitched Olympiad directly, in October 2002, to Sony Pictures Entertainment.
Anyway, judge for yourself here.
Popularity: unranked [?]
Posted by Dan on
September 18, 2008
According to Kotaku and Gamepolitics, Sony Computer Entertainment America and designer David Jaffe have been sued in U.S. District Court for the Northern District of California for alleged copyright infringment involving the action game God of War.
The Complaint was filed in February by Jonathan Bissoon-Dath and Jennifer Barrette-Herzog, and SCEA and Jaffe filed their Answer with the Court on August 29th.
Among the similarities raised in the complaint:
- Plaintiff’s works tell the original story of how a champion saves Athens from destruction by the invading Spartan army that has been sent by Ares… [GoW]… is the story of how a champion chosen by Zeus and Athens saves Athen from destruction by an invading army sent by Ares…
- In plaintiff’s original work and God of War, the Champion’s family is hacked to death in a one-room building in a small peaceful village. In both stories the Champion feels partially responsible even though he is not really to blame…
- In exchange for Kratos’ pledge, Ares gives him… the Blades of Chaos… two massive, glowing, sword-like blades fastened to chains fused to Kratos’s wrists… These Blade of Chaos are taken directly from a scene in Bissoon-Dath’s work… “As Zeus strides forward… his hands MORPH into two massive swords that glow like light sabers…”
- …Owen must cross the Bottomless Valley over a long, sagging suspension bridge, shown on Barrette-Herzog’s map… in God of War Kratos must cross the Bottomless Chasm on a long, sagging suspension bridge…
Jaffe’s response denies all of the plaintiff’s substantive allegations, and raises affirmative defenses on grounds that the plaintiff’s work is not original authorship, is in the public domain, is improperly registered, that plaintiffs lack standing, that there is federal issue preclusion over one of the causes of action, and that the causes of action fail to assert a claim upon which relief can be granted.
We’ll keep you posted as more information unravels on this case.
Popularity: 5% [?]
