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And in contrast the devs have seemed hesitent to add kick ass when they were thinking about jetpack bros.
Blade is played by Wesly Snipes an icon of the 90s and 2000s. Thus we can logically determine that any superhero added has to be unique enough as well as iconic of the era (and also be a live action version of the character). Beyond that the devs make their own exceptions...
and this isn't exactly a super hero game at the end of the day..
OTOH, with superheroes being extremely popular and big moneymakers for Marvel & DC, adding such unlicensed characters to this game would risk attracting the wrong attention.
The last thing anyone wants is for this game to get sued into oblivion.
Well that's not accurate at all. The characters in the game already fall well within fair use for the sake of being parody. As long as superheroes are within that constraint of parody...free lives cannot really be sued.
Not to mention copyright law probably also being different in south africa.
It's more of an artistic choice seemingly. The only one that would be fit to added out of your suggestions is seemingly batman just for the sake of being this huge iconic figure for the 80s and the 90s.
Of course they can still be sued. There's a difference between being sued and successfully defending that lawsuit, especially when it comes to intellectual property.
And even just having to defend a lawsuit can put a company out of business, regardless of whether they win or not. Often it's not about who is in the right, but rather who has the deeper pockets.
A quick Wikipedia search indicates South Africa's law is based on the UK's law and the Berne Convention (which SA is a signer). And South Africa has also signed other international copyright treaties. So no, probably not all that different.
And their publisher, Devolver Digital, is an American company.
but I mean they are yet to be sued and they have repeatedly parodied popular ips...some of which the original actors are entirely aware of...see expendabros.
They can be sued...but I highly doubt they will be because oftentimes they are smart enough to at least differentiate enough things about the original character to make it a little more difficult....plus ya know sprites make things a little less clear that they are using said ip at all.
What are we at 4 to 5 years without being sued by this point?
I mean dumb starbucks was never actually sued despite being a blatant ip infringement.
Marvel ips are super popular but as long as they are repackaged to a point that they are less marvel and more broforce creations...I don't think they will ever be touched unless someone at disney is feeling vindictive.
Expendabros was developed with permission of Lionsgate for promotion of Expendables 3. So no, they won't get sued for that.
As for Broforce, just because they haven't been sued doesn't mean they won't be. Adding more character IP belonging to more companies just increases that risk.
That was more mentioned for the sake of \the fact that stallone and others are aware of the main game broforce...and have somehow decided to not sue in the grand scheme of things..and instead asked the devs to make them a game.
Well luckily the game will have two more bros in the next week or so to increase said risk....again.