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Ernest Miller Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School. Ernest Miller's blog postings can also be found @
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June 21, 2005

Copyright Lawsuit Over 'Zoom'

Posted by Ernest Miller

Variety (watch ad for free access) reports that Fox and Marvel Comics have launched a copyright infringement lawsuit against Sony Pictures and Revolution Studios for their film adaptation of Zoom's Academy for the Super Gifted, to star Tim Allen (Fox Lowering a 'Zoom' Boom). The alleged infringement is that Zoom is too similar to X-Men. Frankly, I wouldn't care that much, except that Tim Allen was pretty good in Galaxy Quest and the claims in this case seem rather odd, according to Variety.

In an unusual move for a copyright infringement suit, Fox and Marvel are making the release date a key part of the complaint.

" 'Zoom's' release in May 2006 immediately before the release of 'X3' (or any release in proximity to the release of 'X3') is an unfair attempt by Sony and Revolution to manipulate the market and trade off the time, energy, resources and effort Marvel have invested in 'X-Men,' " the lawsuit states.

Yeah, that would seem pretty unusual in a copyright case. Sounds more like trademark dilution.

Of course the copyright infringement sounds particularly weak:

But based on a recent version of the script, Fox and Marvel allege the pic rips off "X-Men" with elements including teenage mutant super-heroes, an underground training facility, and a sinister government program.
Yeah. Uh huh. Those basic concepts are copyrighted. Right.

The truth is that this is just a strategic release date game that these mega corporations are playing in our court system:

Lawsuit seeks an injunction barring further work on "Zoom" and monetary relief, though Fox and Marvel would likely be satisfied with a new release date and moderate script changes.
And the film studios are upset that consumers don't respect copyright law. Here it's just a game for them.

via Cinematical

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