According to The Beat, a judge has thrown out about half the claims in Marvel’s lawsuit against City of Heroes.

Apparently several of the “infringing” works they cited were in fact made by Marvel, not by players. The judge also threw out claims that the game makers infringed trademarks directly and refused to issue a declaration that they are not a service provider (if they are considered a service provider, then they are shielded from liability under the DMCA as long as they take action quickly enough).

The post mostly reprints a press release from NCsoft, so it’s noticeably upbeat, but they do have precedent on their side—such as Sony vs. Betamax. Well, as long as none of the morons in Congress manage to force the Induce act through. That would basically declare that makers of pens and pencils are liable for any copyright or trademark infringement.

Follow-up post: The suit was settled in December.

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