According to an NCSoft/BusinessWire release, the judge in the Marvel v NC Soft & Cryptic Studios case dismissed several key claims earlier this week.
In a March 9 order, U.S. District Court Judge R. Gary Klausner agreed with NCsoft that some of Marvel's allegations and exhibits should be stricken as "false and sham" because certain allegedly infringing works depicted in Marvel's pleadings were created not by users, but by Marvel itself.The judge also dismissed more than half of Marvel's claims against NCsoft and Cryptic Studios, including Marvel's claims that the defendants directly infringed Marvel's registered trademarks and are liable for purported infringement of Marvel's trademarks by City of Heroes' users. In addition, he dismissed Marvel's claim for a judicial declaration that defendants are not an online service provider under the Digital Millennium Copyright Act. The judge dismissed all of these claims without leave to amend, meaning that Marvel cannot refile these claims.
There are still a few outstanding claims that Marvel might prevail on. But their case looks a lot worse than it did. More later when I have a chance to read the decision.
