PS3 News: SCEA, David Jaffe Face Copyright Infringement Lawsuit - PS3 News

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SCEA, David Jaffe Face Copyright Infringement Lawsuit

When something gets to be as big as God of War, it seems like everyone wants a piece of the pie. And if you claim that it was your original material that found its way into the series, you're obviously seeking reimbursement...as unlikely as copyright infringement may seem in this case.

According to GamePolitics, Sony Computer Entertainment America and well-known developer David Jaffe (now heading up his own studio, Eat Sleep Play), have been sued in the U.S. District Court in California for "alleged copyright infringement" in regards to the critically acclaimed GoW franchise. Filed in February, plaintiffs Jonathan Bissoon-Dath and Jennifer Barrette-Herzog say their work may have been the inspiration behind the conception of God of War. Bissoon-Dath says he's "the author of a series of related works of fiction, including Olympiad, a screenplay." Barrette-Herzog says she created "Island at the Edge of the Living World," and both claim they sent their work to Sony Pictures as well as some talent agents who frequently work with SCEA. This happened in 2002, and because it has been said that GoW took 3 years to develop (it released in 2005), the timing seems about right for their case.

Not only this, but the two plaintiffs go so far as to say that GoW "shares elements of plot, character relationships, themes, settings, mood, pace and dialogue" with their work. If you want to see the full legal listing, feel free. On August 29, SCEA and Jaffe filed their responses, which basically say no such copyright infringement took place. Thing is, an artist's inspiration can come from any number of things; maybe Jaffe looked at a cover of a book of Greek mythology somewhere and a light bulb went on. Is it possible he saw the work of the plaintiffs and just decided to use it without permission? It seems highly unlikely. We're calling bogus on this one. How many Greek mythology-related stories are out there? Eight quadra-zillion?

9/18/2008 Ben Dutka

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Comments (25 posts)

tramp
Thursday, September 18, 2008 @ 1:30:45 PM
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not cool,i like david jaffe.

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ThePoetRazel
Thursday, September 18, 2008 @ 1:39:22 PM
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Sounds like the money hungry grubs as work. I bet they sent their work to 100 companies and would do this if any of them made anything relating to greek myth.
Anyway, you can't copyright an idea or fact, only the specific representation of it.

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Qubex
Thursday, September 18, 2008 @ 9:31:12 PM

Well, the whole point of the case is to hear each others arguments and then come to a conclusion based on the "facts"... unfortunately, even so called "facts" are distorted and manipulated...

Having worked in with creatives it is understandable what can occur. The problem here is that if someone has an idea, it is quite easy to develop close variations of that idea without necessarily stepping on anyone's toes. It is the severity of the "grey zone", how close is it to the original works?

I guess if it can be proven that character profiles, game-play/story mechanics and visualisation/environmental descriptions developed by the plaintiff are included in GoWl, in a "rounds about way" - depends how the judge and jury see it, then they may just have a case.

Difficult to judge until all the facts are laid out in front for all to see... so to try to conclude in these forums who's right and who's wrong is silly at this stage. Lets not speculate, lets wait and see what the outcome is...

Q!

"aLL RoAds LeAd ToO HoMe"

Last edited by Qubex on 9/18/2008 9:32:55 PM

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Riku994
Thursday, September 18, 2008 @ 2:01:25 PM
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I bet theyre gunna win cuz theyre good liars, i bet they have a bunch of fake published books and all this stuff as their "proof"...Man if this happens is it gunna hinder development of GoW3?

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jonny_bolton
Thursday, September 18, 2008 @ 4:10:12 PM

I'm pretty sure "fake published books" won't stand up in a court of law...

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Scarecrow
Thursday, September 18, 2008 @ 2:05:37 PM
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Suing in the US is a joke

You have people suing for every little thing, specially if it involves a lot of money.

They won't win that's for sure.

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Kiengo
Thursday, September 18, 2008 @ 2:07:10 PM
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I detest whining little babies that leech off of other people. I SERIOUSLY doubt that someone actually stole their ideas and made GoW out of them. The whole greek mythology thing may have sparked an idea, but that isn't even close to copyright infringement. Who knows... maybe Kratos will show up in their sleep and teach them where the God of War really came from ^_^

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robinhood2010
Thursday, September 18, 2008 @ 4:15:16 PM
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Next we will be hearing a case against Rise of the Argonauts....from Apollonius!

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Riku994
Thursday, September 18, 2008 @ 4:28:41 PM
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I know that jonny my point was they probably have books that they recently wrote and published and someone faked them being from 2002 or something, I dunno but I agree with you guys it's all a big sham.

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jonny_bolton
Friday, September 19, 2008 @ 12:03:39 PM

Ok, fair enough, but I'm pretty sure that sort of thing would be easy to spot. The publisher wouldn't lie if it was the case.

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shaydey77
Thursday, September 18, 2008 @ 4:29:02 PM
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Well when you hear stories of people saving a man from drowning by using CPR and then that man suing him for breaking his chets while performing CPR even though he saved his life..honestly America needs to stop sueing the place...but apparently Ireland aint far behind ye so yeah..Jeez this suing sh** is annoying..i wouldnt care if someone stole my idea for a game..coz secretly deep down id have the knowledge of i was the one that created this entertainment..and if they sent it to sony pictures wouldnt that be for a movie nothing at all to do with a game??

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dlte
Thursday, September 18, 2008 @ 5:09:08 PM
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I don't trust anyone with a hyphenated last name.

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ThePoetRazel
Thursday, September 18, 2008 @ 5:56:51 PM

I don't trust anyone who runs a company called Art Haus Illustrations either. ;)

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ZubraZap
Thursday, September 18, 2008 @ 5:14:35 PM
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not big on David Jaffe myself, major *yawn* to his work..

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Minishmaru
Thursday, September 18, 2008 @ 5:44:31 PM
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thats sooo stupid. I hate people that try to get rich cuz they have no talent themselves! there I said it!

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Jed
Thursday, September 18, 2008 @ 5:53:46 PM
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they just want a peice of the pie. They can't get any of the allegedly "fake" cake.

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www
Thursday, September 18, 2008 @ 6:35:38 PM
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Awwww dang! Have missed a lotta news on psxextreme since my internet went off thanks to a dumb isp.
Anyway how americans sue people every second is pitiful,celebs n other rich persons r gettin sued all the time just to get a piece of they action.
Come to Africa,where people don't got time to sue nobody, n it's funny, some have started due to it's popularity in the US,we now doin the same but not really common,it's a once in a red sun thang...lol

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bamf
Thursday, September 18, 2008 @ 6:37:02 PM
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I bet you could stand next to someone and they'll file a lawsuit against you for breathing their air.

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LightShow
Thursday, September 18, 2008 @ 9:14:22 PM
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you know that whole bottled water thing?

my idea. and i should get money from Aquafina, Dasani, Deja Blue, and even Fiji

Ridiculous, no?

These people should accept the fact that someone got the whole "crazy war-monger kills ares and gets to be the new god of war" idea in the public stream before they did.

There are 300 million people in the US. It seems somewhat likely that two people may come up with a similar stroy premise about the same time, especially when you take into account the fact that greek mythology is such fertile ground for ideas to grow.

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AceTatsujin
Thursday, September 18, 2008 @ 9:16:55 PM
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yea i read it earlier on, wtf are people up to. i bet you MS hired them ...

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Tatsujin
Thursday, September 18, 2008 @ 10:03:36 PM
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Lol, If they are telling the truth they should have sued the first game, or the second at least.. not when the third is on it's way out...

Guranteed theyre not winning anything here.

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ArnoldK PSXE [Administrator]
Friday, September 19, 2008 @ 10:30:50 AM
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Tatsujin: It often takes courts a long time to process these claims.

Things like this happen very often, though and David Jaffe is not one to blame here. If these guys are the original proprietors of the work, then it is Sony that handed the idea down to Jaffe and said "hey, we want a game that goes like *this*." As far as Jaffe was concerned, they got the idea legitimately.

I won't call BS, nor will I side. These things happen often, and it'll be up to the courts to see just how real these similarities are.

P.S. AceTatsujin and Tatsujin, are you two related?

Last edited by ArnoldK PSXE on 9/19/2008 10:31:31 AM

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AceTatsujin
Friday, September 19, 2008 @ 6:25:31 PM
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yes we are related, tatsujin is my brother and he took my name "tatsujin". i use that name or acetatsujin anywhere i go. been doing that for 7-8 years.

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Aftab
Saturday, September 20, 2008 @ 4:12:41 PM

HAHA, how cute! By the way, Ace, I know I shouldn't talk, but, due maybe to the resolution, the pic always reminds me of a lamb, in a very mysterious, anime kind of way.

Last edited by Aftab on 9/20/2008 4:16:34 PM

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Aftab
Saturday, September 20, 2008 @ 4:19:12 PM
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I always assumed someone was getting banned and he just creating another account to get back until I saw both of you guys posting at around the same time.

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