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Dead Rising brings lawsuit to life

Movie producer who holds the rights to Dawn of the Dead is suing Capcom over its zombie action game.

Zombies in a mall--is that idea the intellectual property of the owner of the rights to George A. Romero's Dawn of the Dead? An independent movie producer--Richard Rubinstein, principal shareholder and president of the MKR Group--thinks so, and has sued Capcom over its 2006 Xbox 360 game Dead Rising, reports Reuters.

The suit states, "Both works are dark comedies. In both, the recreational activities of the zombies and absurdly grotesque 'kill scenes' provide unexpected comic relief. Both works provided thoughtful social commentary on the 'mall culture' zeitgeist, in addition to serving up a sizable portion of sensationalistic violence."

On February 12, Capcom sought to preempt possible court action by seeking an injunction against MKR suing over the game.

The injunction declared that "any similarities between Dead Rising and George A. Romero's Dawn of the Dead are based on the wholly unprotectible idea of humans battling zombies in a shopping mall."

Capcom also pointed out that every copy of Dead Rising had a disclaimer on the box stating that the game was not related to the George A. Romero movie. It added, "In addition to Dead Rising, there are literally dozens of other video games featuring a protagonist battling hordes of flesh-eating zombies."

Dead Rising puts gamers in the shoes of photojournalist Frank West, who chases a scoop and ends up trapped in a small town where most of the inhabitants have been turned into zombies.

445 Comments

  • Baldur3272

    Posted Sep 16, 2008 12:31 pm GMT

    for god sakes, dead rising would actually 'advertise' the movie Dawn of the Dead. And im agreeing with smashking13, George A. Romero is just being a dope head and just sewing Capcom to make some smelly stuff. (money)

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  • Dawn_Patrol

    Posted Jul 22, 2008 8:10 am GMT

    This is what happens when you dont clear it with the copyright side of things before going into production. Movies dont rip off games too often [if at all]. But games rip off movies all the time.

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  • BloodWerewolf

    Posted Jul 15, 2008 9:58 am GMT

    MKR does have a few points in it's favor. (I'm talking about the 70's version, not the remake, before anyone mouths off.)

    1. In both titles, the protagonist(s) arrive at the mall via helicopter, looking down at the zombies below.

    2. The protagonist(s) face humans who have been driven insane by the zombies. - The bikers vs. the Raincoat Cult

    3. The protagonist(s) hold off the zombies by barricading themselves in a small room.

    4. Both titles feature two protagonists that hold a news media related and law enforcement job.

    Note to Capcom, yes, among you and other developers, there are dozens of games where battling zombies is the norm, but you are the only one who has one where the entire story takes place in a shopping mall. (Silent Hill 3 doesn't count, so don't try.)

    I give MKR guts on this suit, but they really need to do their detective work by playing the game and seeing what content it has or the suit is DITW. I watched the film after playing the game.

    If you really study the two titles, it's actually interesting how many similarities they have.

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  • xxIMoRTaLlxx

    Posted Jun 30, 2008 1:56 pm GMT

    haha this is pretty funny actually...

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  • flixmaker

    Posted Jun 18, 2008 6:04 pm GMT

    GREED!!! Dead Rising was great free advertising. If anything MKR Group (the no-talent suits that own the rights) should be thanking Capcom for helping to revitalize the franchise. Furthermore MKR had absolutely NOTHING to do with the production. They just purchased the rights to Romero’s vision years later. I'd be surprised if any of the group has even seen the movie. They obviously want to make as much money as possible off genuine artistry, for which they lack.

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  • ACME_IVIURSEY

    Posted Jun 17, 2008 7:23 pm GMT

    It seems to me stupid to me to sue capcom when they are reday have a disclaimer to prevent and justify the ;awsuit agaist dead rising from George A. Romero's Dawn of the Deadand I agree with smashking13 in whole

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  • smashking13

    Posted Jun 15, 2008 1:00 pm GMT

    if i was one of the jurors in the courtroom deadrising would be so safe.yeah there just money hunger sueing for a easy buck quit being such a cry baby wa wa waaaaaaaaa!

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  • games100

    Posted May 27, 2008 4:33 am GMT

    one of the best games out for 360,

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  • wilson336

    Posted May 1, 2008 5:30 pm GMT

    Some idiots will sue anybody over anything if they think they can get money or attention out of it. I hope Capcom counter-sues this Richard Rubinstein for filing a frivolous lawsuit and take everything but the holes in his underwear.

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  • badgamebird

    Posted Apr 29, 2008 3:47 pm GMT

    Dead rising was a really fun game, and yeah Dawn of The Dead also took place in a mall, but aside from that they really have nothing in common. So I'm sure that Dead Island will never make release after this in fear of a house of the dead sue, because after all they both contain HUMANS and ZOMBIES on the SAME ISLAND, they must have stolen that idea. I meen after all two companies both wanting to put zombies in a mall, what are the odds of that? Oh wait, that's just about every zombie lovers dream date. Chances are he just needs this money as an extra kick to start another project he wants to work on or something. I can see it now. Savannah of The Dead....better watch out Simba, Richard is a little sue friendly today.

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  • LordAsher

    Posted Mar 9, 2008 12:14 am GMT

    Yea, if I knew any better, I'd say George is probably pissed at the whole thing. Most IFM (independant film makers) love to see their ideas grow. George even said in one of his interviews that he'd never imagined his idea growing and becoming so popular. In all honesty, George probably has the game and plays it simply for the fact that he was one of the first to bring up the idea of humans seeking refuge from the undead in a mall. Everyone is so quick to sue and make money in this world its f**king sick. Can't we just enjoy what we have without trying to ruin someone else for it? Also note, it says nothing about George making the suit, it was another IFM Richard Rubinstein. Hopefully he'll give up and have it thrown in his face, then we might see this "Dawn of the Dead" video game I've been hearing about.

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  • leon2365

    Posted Mar 6, 2008 4:53 pm GMT

    GAR is cool and all on making movies, but he should look at other games that have zombies in them too. there are many. why doesnt he sue a less popular title? just cause of a mall? that blows big time

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  • Serious06

    Posted Mar 6, 2008 1:36 pm GMT

    I thought dead rising sucked. It was fun for awhile but the save system was retarded, and the cutscenes were just awkward. Not that this has to do with the subject....

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  • itBit

    Posted Mar 6, 2008 9:09 am GMT

    romero is F' ed in the head!

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  • RoC1909

    Posted Mar 5, 2008 9:36 pm GMT

    Heaven forbid......someone filing a LAWSUIT?!?!? Absolutely unheard of!!! Loved the movie and I really wanted to like the game but unfortunately Capcom has a way of screwing almost EVERYTHING up. Hopefully if they decide to make a sequel, there WILL NOT be a time limit on mission objectives. "Time Limits" tend to screw almost ANY game up.

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  • ResidentEman

    Posted Mar 5, 2008 6:09 pm GMT

    Screw you Rubenstein. Just because you didn't make enough money off of your Dawn of the Dead remake, now you want to just sue everyone who can actually make the idea of zombies in a mall work. What next? Are you going to sue George Romero for not selling you the rights sooner or something? Get a job jerk.

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  • truetilldeath

    Posted Mar 5, 2008 5:29 pm GMT

    pretty stupid seeing, they waited TILL the game made bunz face loads of money, then they sued them

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  • aryoshi

    Posted Mar 5, 2008 4:24 pm GMT

    In addition to a comment down below, there was also a game for the Genesis/SNES that was released called Zombies Ate My Neighbors, and some of the levels take place in malls. I think Georgie would be going too far with trying to sue Capcom over this. If that was the case, then Capcom would also have to be sued on the whole Resident Evil x Night of the Living Dead idea.

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  • stradd

    Posted Mar 5, 2008 12:45 pm GMT

    i suppose someone will be filing suits against rockstar for the similarities between GTA Vice City and Scarface here pretty soon as well. PT Barnum almost said it best when he said there's a sucker born every minute. I'd amend that a little, I think there's a bottom feeder born every minute....Mr. Rubenstein. Oh, and hbrule, this game rocked, I seriously can't think of any other zombie game that was better or more fun to play than dead rising. Sure, the story was a little weak, but hell, the story isn't the point, the point is running around mindlessly killing zombies with any and all available items for hours on end. Moreover the replay value is almost limitless. I spent $60 bucks on it when it came out, traded it, then rebought a few weeks ago just becuase of how much fun killing a zombie with a auger is. Try it, its more than good for a laugh.

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  • masterclone

    Posted Mar 5, 2008 12:37 pm GMT

    I'm sorry but i find this silly and Rubinstein is just after a chunk of money. *Disclaimer* Incoming America bashing , i don't want to do it but i can't help it.

    There's been so many crazy stories about people winning Lawsuits over even lesser and more sillier things coming from America so Rubenstein probably has a chance to win. Can you sue for anything in the US? ^_^

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  • SnuffDaddyNZ

    Posted Mar 5, 2008 4:03 am GMT

    Wait a second, this isn't the first game to features Zombies in a mall - there was a game called "Zombie" on the Amiga that was a kind of rpg/adventure game set inside a mall full of zombies... OMG Retrospective lawsuits FTW!

    I actually saw the Dawn Of The Dead remake AFTER I had been playing Dead Rising, and I must say the movie felt a hell of a lot like the game.

    I believe this case is baseless because you are dealing with two different mediums, therefore sales of the videogame would have no affect on sales of the MOVIE.

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  • hbrule

    Posted Mar 4, 2008 7:21 pm GMT

    i hope that comment about shaun of the dead is sarcasm. Nothing in that movie closely resembled a zombie movie like dead rising. Dead Rising took place in a mall and had similar story lines to the movie. its the fact that this zombie game happens to be so closely tied to the movie in more ways than one. Maybe capcom should have gotten the ok from Dawn of the Dead owners maybe then it would have been a better game. #1 dead rising is over rated and should never have been successful. #2 I hope they loose and have to sell the game to another company that can actually make a good zombie game. #3 the games idea was good but poorly executed, anyone who actually liked the game is forced to like it in order to justify paying $60 for it when it came out.

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  • mav_destroyer

    Posted Mar 4, 2008 12:10 pm GMT

    hmm how come they didn't sue Shaun of the dead movie then?

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  • Lumenadducere

    Posted Mar 4, 2008 11:56 am GMT

    This is ridiculous. They're only doing this because Dead Rising is a successful game and they want some money. Zombies in a mall is not exclusive IP.

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  • Hawk456

    Posted Mar 4, 2008 8:10 am GMT

    Coming up next... Smith & Wesson will be suing every FPS maker that has a handgun in the game. It is a good business model though - you want money so you sue someone that makes money... now you have money too.

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  • blackadderthe8t

    Posted Mar 4, 2008 6:51 am GMT

    now we wait for the PS3 version where Richard Rubinstein is a boss pyscho...

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  • Bandicoot_111

    Posted Mar 4, 2008 4:43 am GMT

    It was only a matter of time before something happend but for crying out loud you can't just go around sueing people 'cos they're using zombies in the same place you did. Whats next? They're probably gonna go after Resident Evil next for using guns and zombies in the sanem space! Freakin insanity!

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  • Mam00th

    Posted Mar 4, 2008 4:29 am GMT

    HAHAHAHAHAHAHAHAHAHA my neighbour is violating my copyright cuz hes breathing

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  • rawgik

    Posted Mar 4, 2008 4:17 am GMT

    Again, this has got nothing to do with the director of Dawn of The Dead. Only girls whining are, as usual, industry fat cats.

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  • tatu2004

    Posted Mar 4, 2008 2:11 am GMT

    this is stupid..

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  • Shalomony

    Posted Mar 3, 2008 10:33 pm GMT

    I mean the game states on the box and in the game, "this game was not Developed, approved, or Licensed by the owner(s) or Creator(s) of George A. Romero's Dawn of the Dead(tm)"
    That right there shows that 1. they didn't have the go ahead from anyone that has the rights to the movie
    2. Capcom KNEW that someone would think that the game is SIMILAR.
    But, that's just it, it's Similar, but like many have said before me, anything ZOMBIE related could be SAID to be stealing ideas from George A Romero. I am sure that George A Romero himself has heard of this and is upset, not by th fact that someone made a game about zombies and a mall, but that someone actually wants to SUE on simply those grounds. because, other than ZOMBIES, MALL, and SURVIVORS, there's very VERY few similarities between Dawn of the Dead and Dead rising. OMG i just noticed DEAD Rising has "dead" in the title, that MUST be ground to sue on, right?

    Quick note to Richard Rubinstein, Dude just get over the fact that you haven't made any REAL money other than your crappy remake of Dawn of the Dead, so now you're trying to scrape every last cent you can out of your rights. GET A JOB

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  • turnerdoc

    Posted Mar 3, 2008 9:09 pm GMT

    lets all sue each other my alarm clock didnt wake me up this morning im suein i steped on a crack if it breacks my mommas back can i sue get a life all u sueies

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  • Jshaw71

    Posted Mar 3, 2008 8:50 pm GMT

    i wonder if infuane-san should have changed his idea, or atleast saught the persmission of remero before publishing the project... oh well, the way the game is now, it was only a matter of time before this happened...

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  • Kensei_Kitsune

    Posted Mar 3, 2008 8:17 pm GMT

    Do... people not read?

    Romero is not involved in the lawsuit. Romero isn't interested in the amount of money his movies would make... indeed, his classic Night of the Living Dead was released to -Public Domain- by Romero's request.

    As kane9000 said, the people with here are those who made the absolutely terrible "remake" in 2004...

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  • Ricko101

    Posted Mar 3, 2008 8:15 pm GMT

    well this is akward

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  • kane9000

    Posted Mar 3, 2008 5:26 pm GMT

    Metalman let me make this clear: Romero has nothing to do with this lawsuit. He no longer owns the rights to dawn of the dead. These are the people who made the absolutely awful 2004 hollywood remake., the one with lightning fast super zombies. Please never take romeros name in vain again.

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  • 09231991

    Posted Mar 3, 2008 1:30 pm GMT

    Wow! Attack one of the greatest zombie games will you Romero? I like your movies but just because it doesn't make as much money as this superb Zombie game, don't go crying and then sue. DEAL WITH IT!!!

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  • stupidrookie

    Posted Mar 2, 2008 10:26 pm GMT

    haha capcom totally saw that coming. romero is such a douche bag

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  • pspmax022

    Posted Mar 2, 2008 8:59 am GMT

    just plain stupid! why sue a video game when you could sue movies or other games? its way to late. what a moron

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  • mikemetroid5565

    Posted Mar 2, 2008 7:24 am GMT

    In Dawn of the dead..people were not battling.. they were surviving. In Dead rising..they are battling.

    this producer is a dumb**** cause the game is over a year and a half old

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  • mikemetroid5565

    Posted Mar 2, 2008 7:24 am GMT

    In Dawn of the dead..people were not battling.. they were surviving. In Dead rising..they are battling.

    this producer is a dumb**** cause the game is over a year and a half old

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  • devil_1994

    Posted Mar 2, 2008 4:48 am GMT

    i dont see anything take from dawn of the dead except for zombies in the mall but i dont think that its a reason to sue capcom

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  • ejstrup

    Posted Mar 1, 2008 3:46 am GMT

    wtf?! Richard Rubinstein is a moron. Why doesn't he just sue anyone who made zombie movies -.-

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  • dnvegeta

    Posted Feb 29, 2008 10:13 pm GMT

    lol i think its rather funny.. the new movie tht was just made has to do with a kid tht wants to be a journalist.. hmm wonder where he got tht idea huh.. i think capcom needs to sue him!! lol

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  • Supperdude9

    Posted Feb 29, 2008 10:00 pm GMT

    Prolly already said, but if this dude is gonna sue Capcom over zombies in a mall, then he might as well sue Konami for their cult-classic game "Zombies Ate My Neighbors". It has mall levels, and obviously zombies in it as well....

    This lawsuit = EPIC fail!

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  • natdog112

    Posted Feb 29, 2008 3:38 pm GMT

    Well, Rubinstein, well done on winning biggest douche award. You sueing something that has more than likely increased Dawn of the dead sales.You think you own zombies or malls? Well sorry to break the news but YA DONT.

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  • thibbledorfP

    Posted Feb 29, 2008 4:47 am GMT

    Rubinstein, you do not own the idea of zombies in a mall, neither does Romero. It is too general an idea to own. If ridiculous things like this are copyrighted, we can say goodbye to creative ideas in games, as developers will be too scared to do anything interesting, as it might be too close to someone else's idea. Stop killing creativity and entertainment in this world. This game is not taking any sales away from Romero's movies, and is not mooching off his work. Rubinstein is trying to make money off someone elses work infact. And Dead Rising is not even a movie! Just because you can't make a decent movie, don't steal money off game developers... God.

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  • Spectrus69

    Posted Feb 28, 2008 5:42 pm GMT

    That's total BS, the sticker on th box says it has no relation and as far as i recall: there are no journalists in Dawn of the Dead, nobody picks up manikins, Cd's, and random objects like these to fight zombies
    the idea has been used many times they might as well be suing because they used zombies in the game. And what was funny about Dawn of the Dead ?? The director might want to come out with something new instead of sitting around thinking of what game he can base a lawsuit on...... 2 years later

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