Mark Androvich
01:53 (BST)
15/02/2008
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Capcom seeks declaratory judgment over zombie dispute
Claims "fighting-zombies-in-mall" idea is not legally protected
Capcom has filed a lawsuit requesting a declaratory judgement against MKR Productions, the copyright owners of the Dawn of the Dead films.
According to a Hollywood Reporter blog, Capcom filed suit in anticipation of a lawsuit over its Dead Rising videogame.
Dead Rising, released in 2006 for the Xbox 360, has a disclaimer on the box which reads: "This game was not developed, approved or licensed by the owners or creators of George A. Romero's Dawn of the Dead."
Although MKR has not yet filed a lawsuit, it has been in discussions with Capcom for nearly two years. Last year it sought to block Capcom's trademark registrating for Dead Rising, and it recently sent a letter and a draft copy of a complaint to Capcom, Microsoft and Best Buy according to Capcom.
Capcom says that the concept of humans battling zombies in a shopping mall - something common to the game and the films - is "wholly unprotectable" under copyright law. It has filed the lawsuit in order to "eliminate any doubt" that its game infringes upon MKR's rights.
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