Manuel Noriega Sues Activision Over Call of Duty
mrspoonsi sends this BBC report:
Manuel Noriega, the former dictator of Panama, is suing Call of Duty's video games publisher. The ex-military ruler is seeking lost profits and damages after a character based on him featured in Activision's 2012 title Black Ops II. The 80-year-old is currently serving a jail sentence in Panama for crimes committed during his time in power, including the murder of critics. One lawyer said this was the latest in a growing trend of such lawsuits. "In the U.S., individuals have what's called the right to publicity, which gives them control over how their person is depicted in commerce including video games," explained Jas Purewal, an interactive entertainment lawyer. "There's also been a very well-known action by a whole series of college athletes against Electronic Arts, and the American band No Doubt took action against Activision over this issue among other cases. "It all focuses upon the American legal ability for an individual to be only depicted with their permission, which in practice means payment of a fee. "But Noriega isn't a US citizen or even a resident. This means that his legal claim becomes questionable, because it's unclear on what legal basis he can actually bring a case against Activision."
Send him truckloads of unsold "Panama" single cassettes.
But Noriega isn't a US citizen or even a resident. This means that his legal claim becomes questionable, because it's unclear on what legal basis he can actually bring a case against Activision.
Emphasis mine.
I think we're done here.
As much as everyone has reason to hate Manuel Noriega, I want to see him win this, including punitive damages. Activision is that bad of a company.
he was still alive.
It is better to be the hammer than the anvil.
Manuel Noriega can't even have some nobody VP at Activision eliminated anymore. Back in the 80s he could have had trained assassins at their doorstep within a week.
I read the internet for the articles.
Why is that? Do you think that US laws only protect US citizens? I don't think so, lest it would be legal to rob and murder tourists.
Activision, as US company, committed the act. They are bound by US laws. Therefore the law applies.
Doesn't that same law apply here?
excitingthingstodo.blogspot.com
Here is your settlement, one copy of Black Ops 2.
We did a study and found out that no one has ever heard of you, because no one played single player.
Good thing we didn't include it in multiplayer, or you might have a valid case.
"But Noriega isn't a US citizen or even a resident. This means that his legal claim becomes questionable"
Then how come punitive US law do applies to him?
...and clearly they are American. I wonder if they'll settle out of court with a few kilos?
That's always worked in the past with U.S. deal makers...
This is a great ruling. Panamanian companies can release games with characters based on Jennifer Aniston, OJ Simpson, Barack Obama and Rush Limbaugh, without legal consequences.
Prove anything by multiplying Huge Number times Tiny Number
I find it very strange if I wouldn't have the same standing to sue anyone abusing my likeness in a US court for violation of US law in US jurisdiction as anyone else. For example, if you slander me in a US newspaper why shouldn't I have standing to sue you? If those laws didn't apply to literally everyone, any foreigner would be totally without the protection of the law in every country but their own and there's plenty crimes that can be conducted remotely.
Live today, because you never know what tomorrow brings
If Noriega prevails, Trey Parker and Matt Stone wuld likely owe damanges to the estate of Kim Jong Il, for their unflattering depiction of him in Team America: World Police.
That that is is that that that that is not is not.
>But Noriega isn't a US citizen or even a resident. This means that his legal claim becomes questionable, because it's unclear on what legal basis he can actually bring a case against Activision
Sounds weak. I'm not a US citizen or even a resident either, but US companies would love to sue me for any number of things.
If I'm Activision, I'm claiming that this is Constitutionally protected political speech. If you're the public figure in charge of a country, I feel you lose the right to control how you're depicted in media.
Dewey, what part of this looks like authorities should be involved?
This has come up before in similar cases and the celebrity loses unless their image is used in a way that misleads consumers by implying endorsement of the product.
For a video game example, see James "Jim" Brown v. Electronic Arts, Inc. Also, Tiger Woods' agent sued regard a painting featuring the golfer, and lost, in ETW Corp. v. Jireh Publishing. Alyssa Milano's mom, Lin Milano, contacted us about her daughter's "right of publicity" 20 years ago and we found we could tell her to take a hike.
Absent defamation, the celebrity's name and image is protected in a way very similar to a trademark. (In common law jurisdictions, almost _exactly_ like a trademark). You can't sell "Britney Spears" brand headphones without permission, because that would imply that the singer endorses the product, misleading consumers. You CAN sell a comic book titled "Britney Spears is a stupid slut" because nobody will think Ms. Spears endorsed that.
Of course there can be other causes of action if someone does something else bad and also happens to be using a celebrity's image as well, but it usually comes down to implied endorsement. Laws do vary from one state to another.
Mod parent up. He's totally correct. Slander of character would also be a difficult prosecution as Noriega is in jail for acts he committed due to flaws in his character. The Son of Sam laws are all BS anyway, as the criminal can make the contract for the story when they go in and profit when they get out, or designate a surrogate to profit and send you money under the table. Regardless of their Constitutional status, they can be easily worked around.
Team up with Lindsey Lohan and collectively sue the entire videogame industry...
Any insufficiently advanced magic is indistinguishable from technology.
This is a great ruling. Panamanian companies can release games with characters based on Jennifer Aniston, OJ Simpson, Barack Obama and Rush Limbaugh, without legal consequences.
Sure, but I doubt anyone wants to play that game. How about a nice game of chess?
Freedom of Speech and Expression exist in America as well, this is a joke.
I wonder if he can show any actual damages. Was he going to sell his likeliness himself, and now the value of that has been lessened by Activision's actions? Has his reputation been made less good by Activision's depictions? His position behind bars may have something to say about that.
You should all know by now, US has global jurisdiction, but no global liability.
The US can apply it's own laws anywhere, but you cant use those same laws if your not already an American. Case dismissed.
He'll be a dead piece of trash a jail cell floor before he sees a penny.
Even if he had a case, Activision would drag it out to such a degree that he won't live to see the end of it.
He had put his image and likeness out there, not Activision. Videogames often depict reality. But they are videogames, not movies or biographies. Putin belongs in the next Call of Duty.
"The 80-year-old is currently serving a jail sentence in Panama for crimes committed during his time in power, including the murder of critics"
Does this mean Activision should be watching their backs?
Im not sure of his actual exit date but Noriega WAS a resident of the US for around 20 years until he was extradited. Noriega was a resident of FCI Miami, a low security federal prison camp...http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CB8QFjAA&url=http%3A%2F%2Fwww.bop.gov%2Flocations%2Finstitutions%2Fmia%2F&ei=zsrHU82RIcmD8QGWyIDoBg&usg=AFQjCNHdqlMSKAv82RRlOiUKEkxS2SliPQ&bvm=bv.71198958,d.b2U
Individuals shouldn't have a right to publicity or a right to privacy, it gets abused because they use these legal rights to prevent street photographers from including people in their photos. It's censorship by another name. Absinthia Stacy Anastasia Rousaki