US Magistrate Judge Richard Seeborg has dismissed MKR Group's lawsuit claiming that Capcom's Dead Rising infringed on the copyrights of its horror film, Dawn of the Dead. The judge agreed with Capcom's argument that the few similarities that MKR Group could cite were overridden by "the wholly unprotectable concept of humans battling zombies in a mall during a zombie outbreak."

The best part is that the judge sided on one issue with Capcom in the most back-handed way possible. MKR alleged as one of its complaints that the two works were parodies of rampant consumerism. Seeborg wrote in his decision that the theme of Dead Rising is "confined to the killing of zombies" in an attempt to discover the cause of a zombie infestation, and "the social commentary MKR draws from Dawn of the Dead, in other words, appears totally absent from the combat focus found in Dead Rising." We see the judge's point that the "theme" of consumerism isn't throughout the game, but it certainly is the catalyst for the events. You want spoilers, check the Wiki page.

This article was originally published on Joystiq.