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Rockstar Finally Wins a Lawsuit

Posted by ryuzaki0 on from the about-time dept.

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.'"

23 of 30 comments (clear)

  1. If.... by krell · · Score: 5, Insightful

    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.

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    Where were you when the voynix came?
    1. Re:If.... by Tarmas · · Score: 2, Funny

      1. cover storefronts with plain brown paper
      2. remove all identifying and distinguishing characteristics
      3. ???
      4. profit!

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      Signature has left the building.
    2. Re:If.... by honkycat · · Score: 1

      .. and sell their products in nondescript brown paper bags? I think they've got that part under control.

    3. Re:If.... by AnotherShep · · Score: 2, Funny

      It seems that step 3 is "Sell Porn".

    4. Re:If.... by Breakfast+Pants · · Score: 1

      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.

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      WHO ATE MY BREAKFAST PANTS?
    5. Re:If.... by sumdumass · · Score: 1

      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.

  2. Judge Morrow gets it by OECD · · Score: 4, 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.

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    One man's -1 Flamebait is another man's +5 Funny.
    1. Re:Judge Morrow gets it by pxuongl · · Score: 1

      maybe i'm dense or slow, but i have no idea what that means

    2. Re:Judge Morrow gets it by TubeSteak · · Score: 2, Interesting

      To finish that paragraph:

      "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.

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    3. Re:Judge Morrow gets it by GJSchaller · · Score: 3, Funny

      "Defendants' use of the Play Pen trade dress..."

      Why does a strip club have a "trade dress"? You'd think that would be an oxymoron...

  3. Yet another frivolous lawsuit. by Chaffar · · Score: 2, Insightful
    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.

    1. Re:Yet another frivolous lawsuit. by siriuskase · · Score: 1

      How does the Play Pen's case have a "thinkathechildren" edge to it?

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    2. Re:Yet another frivolous lawsuit. by bky1701 · · Score: 1

      Read the whole post...

      "They didn't have the "thinkofthechildren" edge"

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      Great Intellect...
  4. I can't blame the club for trying by OakDragon · · Score: 5, Funny

    Strip clubs have to look out for their reputations, and not be conflated with morally questionable products and/or activities.

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    Dark Reflection
  5. Then the pizza isn't free... by hal2814 · · Score: 1

    Since they won the lawsuit, the pizza isn't free. That's a good thing though because I hear the pizza was really just an empty box.

    1. Re:Then the pizza isn't free... by OakDragon · · Score: 1

      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.

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      Dark Reflection
  6. Rockastar! by Rob+T+Firefly · · Score: 4, Funny
    Eurogamer is reporting that Rockastar Games
    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.
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    1. Re:Rockastar! by amrust · · Score: 1

      Celebrity spokesman Mo Rocca unavailable for comment.

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    2. Re:Rockastar! by Reverend528 · · Score: 1

      I'm sure their lawyer will "party like a rockastar" tonight!

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    3. Re:Rockastar! by PaganRitual · · Score: 1

      Belissimo!

      (groan)

    4. Re:Rockastar! by munehiro · · Score: 1

      Rockastar is, of course, the Italian-based wing of Rockstar

      I know the italian stereotypes, but I still don't get it. :/

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      -- "If A equals success, then the formula is A=X+Y+Z. X is work. Y is play. Z is keep your mouth shut." - Einstein
  7. A challenge by krell · · Score: 1

    I defy you to show that one cent of any money Rockstar ever made had to do with the rendition of the strip club. Should be easy right?

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    Where were you when the voynix came?
  8. Photos? by GWBasic · · Score: 1

    Does anyone have any photos to compare side-by-side with a screenshot or two? I'd like to know how similar the game is to the club.

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