Two weeks ago, Capcom tried some pre-emptive measures aimed at heading off an impending lawsuit from The MKR Group, who hold the rights to George Romero's Dawn of the Dead film. Didn't work. MKR have since sued Capcom, claiming that Dead Rising is essentially an unlicensed adaptation of Romero's masterpiece:
Both works are dark comedies. In both, the recreational activities of the zombies and absurdly grotesque 'kill scenes' provide unexpected comedic relief.You hear that, budding game and film makers of the world? You can't pay homage to a classic anymore. It infringes on copyrights.Both works provided thoughtful social commentary on the 'mall culture' zeitgeist, in addition to serving up a sizable portion of sensationalistic violence.
Producer, game firm in rights battle over zombies [Reuters]










Comments
So what? Every action movie ever is infringing on each other?
A real shame this occurs. If anything, people who haven't experienced either would be keen to do so after dipping into one.
Shame.
Is "sizable portion of sensationalistic violence" an official legal term?
"Both works are dark comedies. In both, the recreational activities of the zombies and absurdly grotesque 'kill scenes' provide unexpected comedic relief."
The same can be said about "Shaun of The Dead". Or does that fall under the parody law?
This would mean that every military movie would have the right to sue each other. Spielburg could sue 30 different game studios for WW2 games. Even Lucas could sue Bioware for Mass Effect: they both feature space, laser guns, and aliens. Oh, my.
I hope this crap gets thrown out the window, but it ultimately depends on how much clout MKR has and the inevitable politics game. *sigh* I love this century.
I have the feeling that Romero don't like video games. He bitched a couple of years also about the official Land of the Dead game.
I Dunno, maybe Dead Rising is a little homage to Dawn of the Dead but c'mon!
Dawn of the Dead was considered a Dark Comedy..?
MKR are a bunch of over-zealous wankers.... whats next? Claiming that the RE series is infringement of their copyright? Do they whold the rights to "zombie kills human" carte blanche?? No they don't!! Maybe they should go do something better like make a decent remake of Day of the Dead!!
Piss off and leave Dead Rising alone, I want my sequel NOW
Bull crap. Capcom better not pay a cent.
wait till the zombies begin to sue...
"The game potrayed us as...brains...mmmrrr...killer. We just want...BRAINS!!"
Maybe someone will make a zombie courtroom battle movie/game that will be better than both, wouldnt be hard.
@entres: This lawsuit has absolutely nothing to do with Romero.
I really hope/expect this lawsuit to fail. Sure, there are similarities, but does that mean if I make a horror film set in the suburbs of America, I have to pay someone else for it? Or what about if I write and record a song about a girl using drums, guitar, vocals, and bass?
This lawsuit is really dumb. I bet my Zombie soul that it will get thrown out.
@ShaggE: That would definitely fall under parody law.
This is total bullshit I say.
The court better throw this case out the door.
If I claim that Resident Evil 4 is a part of my biography, can I sue big capcom for millions too?
What's wrong with the world these days?
I'm scared mommy T_T
If this lawsuit does go through (please god no) everyone is going to be suing everyone else the whole case is just stupid.
Capcom better not pay out a damn thing.
This would open a very unhappy floodgate of lawsuits on games everywhere, and a lot more restricted thought, if they do.
-dark comedies
-the recreational activities of the zombies and absurdly -grotesque 'kill scenes' provide unexpected comedic relief
-thoughtful social commentary
-in addition to serving up a sizable portion of -sensationalistic violence
All above bullet points from the quote are in every zombie-related work in existence. It's arguable whether or not most are intentionally thoughtful in any way.
If this suit either succeeds or fails, this is publicity for the game nonetheless, especially to movie buffs / Romero fans who may not know such a game like Dead rising exists.
Every Cloud has a silver Lining.
As for the suit itself, I think it's a little over-zealous.
Respect
NP
"Maybe someone will make a zombie courtroom battle movie/game that will be better than both, wouldnt be hard."
Albert Wesker: Ace Attorney?
Capcom, get on it! I expect the announcemnet by TGS at the latest.
I heard that Capcom is really good friends with Bruce Campbell's chin, and chin is going to straighten everything out. No worries, everything will turn out alright. Even though chin wasn't in Dawn of The Dead, chin still has vested interest in the movie and is good friends with the lesser chins that "starred" in the movie. MKR can't f#%ck with an army of chins.
Well, this will undoubtedly put a hold on development of a sequel.
I hope this gets laughed out of court.
This can't go through. I know there are silly lawsuits, but this just takes the cake. You can't be dumb enough to give this a go.
Oh, love the irony. Remember back when Capcom sued Data East, claiming that they supposedly copied SF (Fighter's Destiny)? Guess what goes around, comes around.
eh?
What MKR is saying is basically the same as saying:
Pizza and curry are the same. They re both food stuffs, both stop you from going hungry, both can contain meat or be vegetarian, both can be bought at a take away.
It's super odd it happens right now when the game has been out for like 2 years ?
so.....
1. no dead rising anything on PS3, i guess.
2. watch your back, resident evil games. lawyers hear that you've got deep, Jacques Cousteau pockets......
This is bullshit!
There is no case for infringement here.
Last time I checked, there isn't a copyright on zombies, malls, or zombies in malls. Capcom should counter-sue MKR for wasting their time.
Please lose Capcom. I love Capcom, and Dead Rising looked really cool, and I hope there is a sequel, but that doesn't change the fact that this is copyright infringement. From what I've heard, the game is similar to the movie in more ways than just setting. I'm not worried about a sequel, since it probably won't be set in a mall anyway. I'll definatly buy it. But this doesn't change the fact that Capcom broke the law. Anyone saying that this case should be thrown out of court is just showing their blatent gamer bias. Also, comparing this situation to Resident Evil is just flawed logic. Zombies are a very general concept, and RE used them very differently than Romero. Compare RE4 to Night of the Living Dead. See any similarities other than Zombies? I guess there are ramshackled houses in both the movie and the game, but that's about it.
Hmm, it says on the front of Dead Rising "This game was not developed, approved or licensed by the owners or creators of George A. Romero's Dawn Of The Dead"... I guess that doesn't count for shit then, eh? Also kinda proves that they knew there was a chance that it could be considered copyright infringement.
Still, ridiculous. I hate annoying lawsuits like this.
So zombies and a mall = protected now? >.>
Dibs on zombies in space, and zombies in dinosaur times. In fact you know what, any situation involving zombies that isn't in a mall? Yea i've got dibs.
This should be thrown out for use of the term "Zeitgeist."
@Fabrice:
They've been battling this out for about 2 years. I thought it was odd when I heard about it, because I thought they had reached some kind of agreement, since the game seemed to infringe the intellectual property of Dawn of the Dead, but I guess not. It's a shame too. I love both Capcom and Romero's films. I don't want them to fight. I want a zombie game that is a cooperative effort between Capcom and MKR. That would be awesome.
@duckmouth:
If warnings on boxes did count for shit, would there really be a debate on the ESRB ratings?
How exactly is this bullshit? Do you know who doesn't think it's bullshit? Capcom put a disclaimer on the the game because even it knew the premise was too close to Dawn of the Dead.
"Homage" only gets you so far.
The fact that they're actually going about this two years *after* the fact shows they're just money grubbing. If DR had flopped, there would've been no lawsuit.
@gamadaya:
"Dead Rising looked really cool"
"From what I've heard"
So how do you know Capcom broke the law when you haven't even played it.?
@PooPooKaKaBumBum:
Yes, that is essentially how copyright infringement lawsuits work.
@james castle:
Oh yeah, I forgot to mention that. Thank you. If even Capcom, who made the freaking game, see the simularities, I would think the average consumer would as well.
Way more than Dawn of the Dead, Dead Rising always made me think of Dead Alive. The humor style, the weapons used, etc all point right in the direction of Dead Alive, Peter Jackson's finest work.
You know, that's not all of the simalarities. I personally loved the scenes in DotD where Peter is running around the mall rescuing people who were trapped by the zombies. Then there was Roger battling the psychotic clown, and of course there's the whole thing with the cult.
Oh, hold on a second. None of those things happened in Dawn of the Dead! I guess that makes the stories significantly different, doesn't it?
Don't all good zombie movies have a reasonable amount of humour?
@Inhert:
Actaully, that just makes me a better judge of the subject. The judge isn't going to be analyzing every part of the game and the movie. He's going to be looking for general simularities that a casual consumer would detect between the two. When I first saw screenshots of the game, I immediatly though "Dawn of the Dead game! Awesome!"
So basically any chance of Dead Rising two is now gone, well ain't that wonderful.
@gamadaya: "From what I've _HEARD_ the game is similar to the movie in more ways than just setting"
If you haven't played the game then kindly shut-up.
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Yep, I sure as hell remember a journalist who took pictures for points and had to meet interview deadlines to get to the bottom of the story in Dawn of the Dead. Not to mention fighting a crazy guy on a tank /sarcasm
The only thing these two have in common is zombies and the mall.
@Deltakiral:
No, not at all. DR 2 is pretty much a guaruntee. As long as they don't set it in another mall, they should be OK.
@I_Hate_This_Place:
If you don't know anything about how copyright infingment suits work, then kindly fuck off.
@Bob6k: Haven't you learned anything from Jack Thompson? ;) He probably uses it on an hourly basis.
Shame shame on them
*support Capcom*
@gamadaya: I know plenty on how it works. I also know had you have played just the intro to the game, you would realize how stupid this claim is. Again, zombies and mall are the only thing in common. I'll kindly return the fuck off back to you and add a STFU til you actually educate yourself on the game
No. Just no. The only similarities are that there are Zombies....and a mall. Maybe I just have no sense of humour but I noticed very little comedy in Dead Rising, even of the "dark" kind.