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chihawk
Clan Blood Spirit
Master Bartender
Joined: 04-Feb-2002 00:00
Posts: 8072
Location: United States
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 Posted: 21-Jun-2003 08:34 Post subject: MARVEL CLAMPS DOWN ON POPULAR GAME SKIN SITE |
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MARVEL CLAMPS DOWN ON POPULAR GAME SKIN SITE
X-Fan has learned that The Skindex, a popular online gaming resource, has been served with a cease-and-desist order from Marvel Enterprises,Inc, citing "blatant bad faith" on The Skindex's part. As a result, the site has removed all Marvel related content that use copyrighted likenesses.
"Skinning" is the art of creating images to wrap around 3D player character models in games, giving them a specific appearance. For over three years, The Skindex provided free downloads of custom- designed skins of Marvel Comics characters for use in games such as The Sims and Freedom Force.
"After three and a half years of skinning Marvel Comics characters here at The Skindex, the other shoe has finally dropped," site owner Jared Benson posted on The Skindex on Tuesday evening. "Despite the fact that Marvel Enterprises Inc. does not actually make any PC gaming product which provides the same gaming experience that my skins do in their respective games, they have demanded of me (as is their legal
right, of course) that I cease and desist in any further production of and distribution of 'products' that appear to have their copyrighted likenesses as they have determined this website has become a threat
and has engaged in unfair competition with Marvel Enterprises Inc.
"I, of course, am happy to oblige as it is their legal right to control what is done with their copyrighted property. I do find it
unfortunate that the current regime at Marvel Enterprises Inc. finds that an excited and enthusiastic fan community is a threat to their business as is evidenced in their notice. They seem to have mistaken
this paltry fan-site and it's collection of fan-art with some kind of corporation out to steal revenue from them with misdirection. I have been ordered to disgorge any and all profits made from the distribution of these materials.
"Never has the Skindex, as a website nor I, Jared Benson, as it's owner and chief contributor made a single cent or more in profit or even generated revenue of any kind from this endeavour of appreciation for my favourite comics. Moreover, I have incurred a great deal of expense, both personal and financial, to maintain what is essentially
a monument of honour to the creators of each of these characters and to the company that provides the fans with wonderful entertainment on a monthly basis.
"As a result of this disagreement, I have removed all skins from this website that use the likeness of any Marvel Enterprises Inc. property. I have decided to retire from the world of skinning. Not surprisingly, it has lost any sense of enjoyment and wonder for me.
"Thank you to everyone at Marvel Comics in the past who has been supportive of my efforts. Being allowed (and yes many powerful
individuals at Marvel Comics have known of my highly public and advertised website over these years) to make these skins for the last
three and a half years has been a blast!"
As to what prompted the order being sent now, after The Skindex had been in operation for several years, Marvel Enterprises and Vivendi Universal Publishing recently struck a deal to develop a Massively Multiplayer Online Roleplaying Game set in the Marvel Universe with a targeted release date in 2005. Having skins of Marvel characters in similar games could be construed as being a form of competition.
A copy of the original letter sent by Marvel has been posted at The Skindex. In it, Marvel's Senior Litigation Attorney Eli Bard informed The Skindex that they were in breach of the 1976 Copyright Act, as well as The Lanham Act.
The skinning community has rallied around The Skindex and are currently organizing a public and focused letter writing campaign via the Freedom Reborn Forums in an effort to have Marvel rescind the cease-and-desist order.
"We welcome any dialogue with folks at Marvel Enterprises, Inc., of course," Benson told X-Fan. "I'd be happy to discuss some option to continue skinning under {their} own editorial guidance. I just like to
skin these characters for games and would gladly do so forever for free. Until this point, other than reading and collecting comics, it has been the best hobby I've ever had."
_________________
www.210sportsblog.com
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