EFF’s Deep Links continues its coverage of the City of Heroes litigation (litigants depicted at right), linking to defendant NCSoft’s motion to strike and motion to dismiss, which motions allege that Marvel fabricated some evidence of infringement. Marvel allegedly used the City of Heroes software to create Marvel-like characters (which could demonstrate the software’s potential for infringement, but was misidentified as having been created by COH users).
Background on the City of Heroes matter with cool pictures here. There are numerous discussion threads on this case on the Web.
Evidence of infringement or evidence of psychotic break with reality? – Plaintiff’s assertion in its complaint that there are “literally thousands of infringing heroes roaming the streets of Paragon City at any given time.” 😉