Two weeks ago, Capcom filed a preemptive lawsuit against MKR Production, the copyright holders of Dawn of the Dead, to "eliminate any doubt" that its Dead Rising does not infringe on the MKR's rights. Yesterday, MKR responded by filing a counter-claim stating that Capcom is indeed infringing on their Dawn of the Dead intellectual property.
In their suit, Capcom asked the court to declare that the scenario of zombies attacking a mall is an "unprotectible theme". On the other side, MKR claimed that Dead Rising is essentially a game adaptation of their Dawn of the Dead movie.
"Both works are dark comedies. In both, the recreational activities of the zombies and absurdly grotesque 'kill scenes' provide unexpected comedic relief." Stated MKR in their complaint. "Both works provided thoughtful social commentary on the 'mall culture' zeitgeist, in addition to serving up a sizable portion of sensationalistic violence".
Dead Rising was released in 2006 and its package included the following disclaimer: "This game was not developed, approved or licensed by the owners or creators of George A. Romero’s Dawn of the Dead."
