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The MKR Group, who holds the copyright to both the 1978 Dawn of the Dead film and its 2004 remake, sent letters on February 6, 2008 to Capcom, Microsoft, and Best Buy, claiming that Dead Rising infringes on the copyrights and trademarks of these films. In a complaint filed February 12, 2008 to seek an injunction preventing a lawsuit from MKR, Capcom asserted that "humans battling zombies in a shopping mall" is a "wholly unprotectible idea" under today's copyright laws; Capcom further points to the warning "label" on the box cover as a preemptive measure to separate the game from the films. The MKR Group has since filed a lawsuit after failing to reach an agreement with Capcom over the dispute.The lawsuit was dismissed in October 2008, with United States Magistrate Judge Richard Seeborg stating that MKR failed to demonstrate the similarity of any protected element of Dawn of the Dead to that of Dead Rising, with many of the elements MKR claimed were similar being part of the "wholly unprotectable concept of humans battling zombies in a mall during a zombie outbreak".
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