Earlier this year, Capcom took a preemptive motion to block any lawsuit stemming from similarities between its video game Dead Rising and the classic horror flick Dawn of the Dead. The motion did not deter the MKR Group from suing Capcom a couple weeks later.

However, Gamespot is reporting that United States Magistrate Judge Richard Seeborg has now granted Capcom's motion to dismiss the suit outright. He rulled that the MKR Group, "has not identified any similarity between Dead Rising and any protected element of Dawn of the Dead. Rather, the few similarities MKR has alleged are driven by the wholly unprotectable concept of humans battling zombies in a mall during a zombie outbreak."

Specifically, he ruled that the anti-consumerism undercurrent in Dawn of the Dead was absent from Dead Rising completely. "To the extent that Dead Rising may be deemed to posses a theme," Seeborg wrote, "it is confined to the killing of zombies in the process of attempting to unlock the cause of the zombie infestation. The social commentary MKR draws from Dawn of the Dead, in other words, appears totally absent from the combat focus found in Dead Rising."