Eurogamer is reporting that Rockstar Games has finally won a lawsuit. It's an important one too, involving a strip club's objection to its appearance (in satirized form) in the streets of San Andreas. From the article: "Rockstar conceded that its artists worked from photographs of real life LA locations - including the Play Pen - when designing the game, but argued that they 'changed the names, building designs and overall look and feel of the locations... To make them fit the virtual, cartoon-style world of San Andreas and the series' irreverent tone.' Rockstar also referred to the lawsuit MCA Records successfully defended over the song Barbie Girl, when the judge ruled that trademark rights 'do not entitle the owner to quash an unauthorized use of the mark by another who is communicating ideas or expressing points of view.'"
If these business don't like photos taken of them from public streets, they should cover their storefronts with plain brown paper and remove all identifying and distinguishing characteristics.
It isn't that they don't like the pictures to be taken. It is someone taking the picture of thier storfront and image that they worked hard to create and then trying to profit from it. Imagine you spent all night writing an award winning speech on dumb things people do with computers. Then i take a picture of you with this speech in hand, change the orentation around a little and put it in a game i made with the intent of people shooting objects at it. Of course there would be little value to this picture ge
Please give an easier to follow, less convoluted, counterexample than the one you provided. I find that when someone can only scrape together something like that they tend to not have a point; I'd love to be shown otherwise.
I'll do even better, i'll explain the point. You make something, spend time, effort, money, and your personal touch to make it a success. If because all that you did, it becomes valuable to me, i should have to compensate you if i decide to use it in a way to make me money. If there is no difference in what you did, then it is questable that i would need to compesate you.
It is a matter of who is making what is a success. If your work makes my projecect apealing to other, you need that recognition.
thats the entire point. The judge said that the strip club was incedental in rockstar's games. It was a reaction not an action. In this situation, including this was mearly adopting public information and using it as filler in the game instead of centering the game around it. If rockstar would have marketed it as Mygame-check out the strip club, they probably would have lost the suite seeing how they kept so many simularities.
If rockstar relased a game called "porn nights" were you play an old aged former on
"Defendants' use of the Play Pen trade dress and trademark bears some artistic relevance to the game, and does not explicitly mislead consumers as to the source or content of the game."
What's next ? The MLB suing Rockstar for giving baseball bats a bad name ?
Then again, they had no chance of winning. They didn't have the "thinkofthechildren" edge that most successful lawsuits against videogames require in order to win.
The plaintiff's lawyer should have done more than watch "Matlock" on the strip club's TV the night before. He thought he had the gist of it, even though the sound wasn't on.
Rockastar is, of course, the Italian-based wing of Rockstar, headed by Senior Vice President Chico Marx. When approached for comment regarding the successful outcome to the lawsuit, Chico beamed and replied "Atsa good, boss!" before excusing himself to flirt with a passing blonde woman while playing an elaborate ragtime tune on a conveniently nearby piano.
If.... (Score:5, Insightful)
Re:If.... (Score:2, Funny)
2. remove all identifying and distinguishing characteristics
3. ???
4. profit!
Re:If.... (Score:2, Funny)
Re:If.... (Score:2)
Re:If.... (Score:1, Troll)
Imagine you spent all night writing an award winning speech on dumb things people do with computers. Then i take a picture of you with this speech in hand, change the orentation around a little and put it in a game i made with the intent of people shooting objects at it. Of course there would be little value to this picture ge
Re:If.... (Score:2)
Re:If.... (Score:2)
It is a matter of who is making what is a success. If your work makes my projecect apealing to other, you need that recognition.
A challenge (Score:1)
Re:A challenge (Score:1)
In this situation, including this was mearly adopting public information and using it as filler in the game instead of centering the game around it. If rockstar would have marketed it as Mygame-check out the strip club, they probably would have lost the suite seeing how they kept so many simularities.
If rockstar relased a game called "porn nights" were you play an old aged former on
Judge Morrow gets it (Score:5, Insightful)
"Defendants' use of the Play Pen trade dress and trademark bears some artistic relevance to the game, and does not explicitly mislead consumers as to the source or content of the game."
Very nice.
Re:Judge Morrow gets it (Score:1)
Re:Judge Morrow gets it (Score:3, Interesting)
"Rockstar, Judge Morrow said, was therefore entitled to claim a First Amendment defence."
Take that you wankers who claim that video games aren't expressions protected under the First Amendment.
Re:Judge Morrow gets it (Score:3, Funny)
Why does a strip club have a "trade dress"? You'd think that would be an oxymoron...
Yet another frivolous lawsuit. (Score:3, Insightful)
Then again, they had no chance of winning. They didn't have the "thinkofthechildren" edge that most successful lawsuits against videogames require in order to win.
Re:Yet another frivolous lawsuit. (Score:2)
Re:Yet another frivolous lawsuit. (Score:1)
"They didn't have the "thinkofthechildren" edge"
I can't blame the club for trying (Score:5, Funny)
Then the pizza isn't free... (Score:2)
Re:Then the pizza isn't free... (Score:1)
Rockastar! (Score:5, Funny)
Re:Rockastar! (Score:2)
Re:Rockastar! (Score:1)
Re:Rockastar! (Score:1)
(groan)
Re:Rockastar! (Score:1)
I know the italian stereotypes, but I still don't get it.
Photos? (Score:2)