If You Duplicate That Virtual Sword In The Real World... Is It Copyright Infringement?

from the question,-questions,-questions... dept

Three years ago, in trying to discuss some of the thorny copyright issues that arise in virtual worlds where any "good" is easily copied, we questioned whether copying a magic sword in a virtual world was copyright infringement. Perhaps we should have taken the question a bit further. Reader Cap'n Jack points us to the news that video game company Square-Enix has sued four retailers for $600,000, not for creating a digital replica of a magic sword, but a real world costume replica of a sword from within the game Final Fantasy. The retailers have agreed to stop selling any Final Fantasy gear, but it does raise some questions about whether creating such material is copyright infringement... and what that means for folks making Halloween costumes every year...

Filed Under: copyright, magic swords, virtual worlds
Companies: square enix


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  1. icon
    Cap'n Jack (profile), 7 Mar 2009 @ 9:54pm

    I think you're all missing the point, anyway. How does this harm Square Enix? I don't see THEM making gigantic swords. This can only result in MORE MONEY for them, because it will either appease fans, or get newcomers interested. I'm sure the site sells plenty of swords, and a sword that massive would only bring attention to Square Enix.

    The site wasn't passing this off as their own unique conception and there was no trademark confusion here. I don't see how it's Trademark infringement if you're not actually causing consumers to get confused about Trademarks.

    The more I read Techdirt, the more I realize that copyright and trademark laws are not made to protect artists or inventors - they're made so that major corporations can monopolize on content made by such artists/inventors. It's frightening how much power we're giving to these companies... I think it's time for people to wake up.

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