Fantasy map as evidence in a lawsuit

[RobA]

I don't know who has seen this:

http://gadgets.boingboing.net/2008/0...ar-a-swip.html

Is God of War a swipe of 2002 screenplay?

Interesting is the claim that the one map is based on the other... with claims like:

• Barette-Herzog's map has a Meadow of Lost Souls flanked by dark silhouettes. God of War's in-game map has an area called the Desert of Lost Souls, flanked by similar figures. In each map, both regions are bordered by dark, triangular trees or mountains.
• Both maps use similar symbol for the hero's destination, a mountain range with a small, round door beneath the highest peak.

(follow the link to see the two maps)

-Rob A>

[MadLetter]

Wow. Seriously, how dumb can it get?

"I sue you because you look similar to me!!!"

[Robbie]

I don't see nearly as much similarity as is claimed. I wouldn't even call it a derivative work.

[Sagenlicht]

Hmm I am not used to the US Law but I seriously hope someone wanna just make some quick cash?

[ravells]

Both maps use similar symbol for the hero's destination, a mountain range with a small, round door beneath the highest peak.

Sounds like the entrance the lonely mountain in the hobbit to me.

[RPMiller]

That is one of the biggest problems in the gaming industry regardless of the medium. We all have a very familiar background and set of works that we draw from. Whether it is the roleplayers, the console players, or the writers, we all pretty much have knowledge of Tolkien, D&D, mythologies of the world, and that one ring that binds us all - the maps that came with those works.

All that is going to continually influence whatever is created after it to some degree and to seek legal damages of any kind is going to be met with a lot of hesitation on the jurors side if the defense attorney is doing a decent job to point that fact out.

[Torq]

A completely personal opinion, having run approximately 20 copyright infringement trials, albeit in a different jurisdiction; if thats substantial similarity I'm a mung bean.

Torq

[ravells]

That is one of the biggest problems in the gaming industry regardless of the medium. We all have a very familiar background and set of works that we draw from. Whether it is the roleplayers, the console players, or the writers, we all pretty much have knowledge of Tolkien, D&D, mythologies of the world, and that one ring that binds us all - the maps that came with those works.

All that is going to continually influence whatever is created after it to some degree and to seek legal damages of any kind is going to be met with a lot of hesitation on the jurors side if the defense attorney is doing a decent job to point that fact out.

Hey, do you think the defence attorney will read my post and thank for introducing him to Tolkien?

Torq...I'm gonna sue you for using the words 'personal' and 'albeit' I'm sure I used them before you.

[Steel General]

Welcome to the Litigation States of America

[Torq]

Hey, do you think the defence attorney will read my post and thank for introducing him to Tolkien?

Torq...I'm gonna sue you for using the words 'personal' and 'albeit' I'm sure I used them before you.

I had another look at the old tolkien map from the hobbit. Man, the entrance to Smaug's lair in the lonely mountain is recalled quite sharply. Unless the Defendant's lawyer is a Tolkien fan, I reckon s/he may miss a trick there.

Torq