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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. 8%  8%  [ 1 ]
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: 25%  25%  [ 3 ]
Neither had a good case. 8%  8%  [ 1 ]
I'd consider Todd the better guy, because... 8%  8%  [ 1 ]
I'd consider Clive the better guy, because... 17%  17%  [ 2 ]
What? They're both dorks. 33%  33%  [ 4 ]
Total votes : 12
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 Post subject: Who had more rights?
Unread postPosted: Mon Jun 02, 2014 2:46 pm
  

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Monk

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I was perusing a comic shop when I saw that Clive Barker's Nightbreed was still being made."

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 Post subject: Re: Who had more rights?
Unread postPosted: Mon Jun 02, 2014 3:03 pm
  

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Monk

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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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 Post subject: Re: Who had more rights?
Unread postPosted: Mon Jun 02, 2014 3:46 pm
  

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Comment: Palladium Books Canon is set solely by Kevin Siembieda, either in person, or by his approval of published material.
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 Post subject: Re: Who had more rights?
Unread postPosted: Mon Jun 02, 2014 4:03 pm
  

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Monk

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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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 Post subject: Re: Who had more rights?
Unread postPosted: Mon Jun 02, 2014 9:39 pm
  

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Dungeon Crawler

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Zer0 Kay wrote:
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.


this

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 Post subject: Re: Who had more rights?
Unread postPosted: Tue Jun 03, 2014 8:33 pm
  

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Hero

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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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 Post subject: Re: Who had more rights?
Unread postPosted: Sat Jun 07, 2014 4:22 am
  

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Palladin

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Comment: If you have something to say, back it up with thoughts and reasons. Simply posting to agree or disagree tends to be a waste.
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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