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  • Mythic (makers of DAoC) sue Microsoft

    http://biz.yahoo.com/prnews/031222/lam010_1.html


    -- Mythic Entertainment, developer and publisher of the award-winning massively multiplayer online role-playing game "Dark Age of Camelot®," and many other popular online games, announced that it has filed a lawsuit against Microsoft Corporation for trademark infringement and unfair competition.--


    I think it'll be tough to beat microsoft. I wish them luck. It seems they have a case from what I understand. The game, "Mythica" is a lot like the "Mythic" brand name. They're only suing for trademark infringment but I've heard that the game works pretty much like DAoC. I.E. you start out in a general class and at level 5 you choose a god and become a specialized class. It's based on Norse myth, like Midgard in DAoC. except they change around the gods with certain classes.
    TheBucci.com | Real ID: email @ thebucci.com | Steam: ciarin7

  • #2
    I hope Mythic wins this case.
    "Shining brightly, even for a split second, is better than living out a dull eternity"

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    • #3
      I don't. If Mythic wins this case it would set a bad precedent. Going soley on what Ciarin has said, it ranks up there with Hasbro suing every space based shoot em up saying they were "similar in structure" to astroids.

      Frankly, it sounds like they don't intend to win. A Trademark only has legal grounds if it is defended. This looks like Mythic's token defence for the possible future time when they may HAVE to defend against a real infringement. Having this suit on record shows that they have a vested interest in the trademark.

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      • #4
        I hope they win too, Microsoft is evil, or at least mean (their lawyers and head honchos anyway)
        On another note, the article mentions Aliens online, Godzilla online and a Starship troopers game, I've never even heard of any of the three, but a Godzilla online game would be umm interesting
        "Don't take life too serious. You'll never escape it alive anyway."
        -Elbert Hubbard

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        • #5
          Landsknecht- A precident for what? For being able to sue because someone gives their game your name?

          The idea of growth through classes is hardly unique, you see it in FFXI, Ragnorok Online, Priston Tales, and I'm sure if we dug we could find more. Nor is the idea of ripping off an existing culture for a fantasy setting new. Nor is the name "Mythic."

          Individual similarities by themselves don't really mean a lot in lawsuits like this, but when you put them all together, it very much looks like Microsoft is trying to take advantage of Mythic's intellectual property. If it goes to court, I certainly would hope Mythic would win, in part because it's good to see the rights of creative minds upheld, and in part because Mythic has worked hard to establish name recognition within the industry, and they didn't do that work for Microsoft's benefit.

          There is, I'm sure, another bright side. There's been surprisingly little change in the MMOG genre over the years. Tweaks here and there, to be certain, but EQ, DAoC, AO, and FFXI all play more or less the same. WoW is looking like it too is going to be pretty similiar. With only minor variations to establish differences between games, putting law on the books that says "You need x degrees of dissimilarity before you're stepping on someone else's IP" isn't such a bad thing. Enforcing creativity, as it were.

          Regardless, I sort of doubt that this will reach court. Even as we speak, Microsoft's Lawyers are probably already hammering out a list of minor changes (most prominently a name change) that may or may not be possible to impliment, to make Mythic just shut up and go away. Sure, Microsoft can throw enough money at just about any problem to make it go away, but the American legal system is none too fond of them at the moment, so a trip to court is probably the last thing they want.
          If you were me, and I were you, I\'d put your gerbil in the microwave.

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          • #6
            It's a bad precedent because that leads to similar lawsuits. If they win this one, what's to keep them from suing fictional game X called, "Myths of Fantasy" or how bout the entire series of books by Robert Aspirin? And they did not give the game the same name, but a similar one.

            However, Mythic is going to be hard pressed to win this one as the word Myth or Mythic is such a generic term. Sorta like when the Hoover company tried to sue a competitor in England. The word Hoover had become synonomous with vacuum cleaners and was used by a competitor in an ad. But the word had become so ingrained into the society in that generic use that Hoover company LOST the suit. I see the same thing happening here, the word is simply to generic.

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            • #7
              McDonald's managed to put out of business a small scottish shop named Mcdonald's in England. Even though it was based on their last name, McDonald's corporation won.

              I think it's funny because the head of the McDonald's clan is the only one who can give permission for use of the name, and the McDonald's corporation uses it anyway. I think the only reason they used that name in the beginning was because it was better than Kroc's.
              TheBucci.com | Real ID: email @ thebucci.com | Steam: ciarin7

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              • #8
                In that situation it was all about the money. McDonald's is such a massive enterprise, far larger than most people even fathom, that there is almost no way to win if they levelled their sights at you. Even if Mythic was on par with Microsoft financially, and their not, they would still most likely lose this case. As it is, Microsoft will most likely deal with it outside of court simply out of expediency.

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                • #9
                  Mythic MAY be a generic word, but so is Windows and Microsoft owns that word when used in any marketing or corporate sense.

                  You have to understand that words CAN be owned by companies in certain contexts.

                  As for game comparisons, TSR put Games Workshop out of buisiness in a case involving the Dangerous Journeys Game (developed by Gary Gygax) because the court decided it was too much like AD7D because it used the tersm "hit points", "level", "classes" and had a similar gameplay to... well just about any other fantasy role-playing game. However since Lawyers and Judges are not usually RPGers who can tell the difference between Ad&D, Rolemaster, Runequest etc etc it was decided that the new game was so much liek AD&D it constituted a copyright infringement.

                  In fact this was TSR trying to ruin Gary Gygax. Well thankfully TSR are no more and wizards of the Coast now own AD&D...

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                  • #10
                    I don't think I'll ever understand how Microsoft is "evil". Commiting genocide is evil. Making a software company, no matter how "unfair" you may feel their business practices, can hardly be called "evil."

                    I hope they do not win the case either. I am so tired of time and energy being put into frivilous lawsuits. Mythic has been in use as a word long before Mythic was a company. Shall I make a resteraunt called "Hamburger" and begin to sue other establishments for copyright infringement because they are advertising and selling hamburgers, and they make them almost exactly the way I do?

                    /sigh
                    If you don't know where you are going, any road will get you there.

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                    • #11
                      Because they demand lots of money which people don't like paying. I personally have no beef with microsoft *hides microsoft XP, intellimouse explorer and keyboard*

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                      • #12
                        Originally posted by Kat
                        Shall I make a resteraunt called "Hamburger" and begin to sue other establishments for copyright infringement because they are advertising and selling hamburgers, and they make them almost exactly the way I do?

                        /sigh
                        Hm...I rather like that idea! I may try that one of these days. Except the reverse is what's happening. Someone made a restaurant called Hamburger and someone who has been making hamburgers is sueing them. Still bizzarre either way you look at it.

                        And I don't think Microsquish is evil really, but we used to have laws about monopolies, and anti-trust legislation. Teddy is probably turning over in his grave by now.
                        The colossal misunderstanding of our time is the assumption that insight will work with people who are unmotivated to change

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                        • #13
                          Kallisti said:
                          As for game comparisons, TSR put Games Workshop out of buisiness in a case involving the Dangerous Journeys Game
                          Er? They did? Games Workshop is still alive and kicking when last I checked. They're not even known for their pen and paper games, they're known for turn based miniature games more than anything else. In fact, I'm surprised they never sued Warcraft for the alarming similarities it has to Warhammer Fantasy. =)

                          In fact, here's their website: http://www.games-workshop.com/
                          We should think about... what we got right now,
                          \'Cause the good things are made up of time.
                          Smile to your problems, leave the past behind.
                          Never forget this.
                          - Eiffel 65, \"Now is Forever\"

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                          • #14
                            I don't hate microsoft, i mean i'm using their products so i obviously can't hate them. Even though there is very little out there to buy besides microsoft.

                            But i sort of think of this as a way to stand up against the bully in school. Even if you know your going to get beat up, or even if its over something that may seem small and petty to the rest of the school, your still standing up for yourself.

                            I mean obviously its not ALL about money, i mean if it were, i dont think Mythic would be stupid enough to sue Microsoft. I mean honestly the chances of winning are slim to known.

                            Just my opinion.

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                            • #15
                              Mythic is in the legal right here. You cannot use a name which is very similar to a direct competitor in the same Market.

                              The Hambuger analogy is close, but off a bit. It would be like me starting a company called McDonals that made fast food. You bet McDonalds would sue, because my name would be way to close to thiers.

                              Now if I made McDonals and we did say, dry cleaning, there would probly be no issue.

                              MS is trying essentialy the same thing, releaseing a game, with a title (Mythica) that except for one letter (Mythic) matches the name of a competitive company, in the same market (MMOGs). In fact, on some boards there has already been some confusion on who the title is from, considering that similar lore is shared by the two games.

                              There may be a little grey area, since one is a company name and the other is a game name, but leagaly, they have a case. Odds are they also have very good precedence, you don't just run in half cocked against the MS legal team and bankroll without some good backup.

                              Couple things to keep in mind:

                              1. They asked them to change it, and probly in several firm we are going to sue you if you don't and this is why ways.
                              2. I'd never heard of Mythica before this lawsuit, talk about free publicity.
                              3. Their MS, they can afford to be stubborn.
                              4. Having your competitors burn money on legal fees is better than them spending it in R&D.
                              Gnomage Maxamus
                              65 Arch Convoker
                              Luclin Server
                              \"I R Board Junkie\"

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