Who had more rights?

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Who had more legal ground to stand on and who is the better guy?

Todd McFarlane definately had a better case, I mean come on Hellspawn who even in the title is only referred to as Spawn was definately being infringed upon.
1
8%
Clive Barker had a much stronger case than Todd. Nightspawn vs. Nightbreed... seriously? To spawn is to breed. If ya can't see that is closer than hellSPAWN... :nh:
3
25%
Neither had a good case.
1
8%
I'd consider Todd the better guy, because...
1
8%
I'd consider Clive the better guy, because...
2
17%
What? They're both dorks.
4
33%
 
Total votes: 12

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Zer0 Kay
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Who had more rights?

Unread post by Zer0 Kay »

I was perusing a comic shop when I saw that Clive Barker's Nightbreed was still being made."
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Zer0 Kay
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Re: Who had more rights?

Unread post by Zer0 Kay »

I think that if Clive knew about Nightspawn not only its titular simularity, but its creature concept of random freaks AND he didn't sue, he is a pretty awesome guy who values new ideas, even if they're based or derived from a preexisting concepts he came up with.
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Re: Who had more rights?

Unread post by eliakon »

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Zer0 Kay
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Re: Who had more rights?

Unread post by Zer0 Kay »

eliakon wrote:Dead Thread Walking :Bandit:


Someone already polled? Or was it just a consensus. That Clive would have better reason than Todd?

I looked but there are far too many references to nightbreed.
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Re: Who had more rights?

Unread post by Razorwing »

To be honest... I don't think either really would have had a strong case against the NightBANE... baring some superficial similarities, the overall feel of the 3 settings is quite different. It's like trying to compare a Forgotten Realms Novel to the Lord of the Rings... sure you will find similarities (wizards, elves, epic quests, etc.), but in the end they are entirely different. That said... given the United States legal system in regards to cases like this... having any similarities (even superficial ones) is grounds for a successful suit (even if there is no way a reasonable people could mistake one for the other).
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Re: Who had more rights?

Unread post by Tor »

I'm afraid I would have to read Nightbreed to know if there was anything beyond the title in common. I do agree that 'breed' is closer to 'spawn' than 'hell' is to 'night' though, if that's the issue.

McFarlane's content had nothing to do with this. Hellspawn was such a blatant ripoff of Ghostrider in concept, he is the height of hypocrisy.

Nightspawn/Nightbane are nothing like either of those two. I can't even think of anything in comics right now that comes close to it. PF's Witches, Federation of Magic's Corrupt, Phase World's Demon Knights or HU's Mystic Bestowed (or Armageddon's Unlimited Deevil/Demon themed mods) were far closer to those themes than Nightspawn/bane ever was. Shows the guy probably never even picked up the book and just heard of the title.
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