Take Two Sues BBC Over Drama About GTA Development
An anonymous reader writes: Take Two Interactive, the parent company of Rockstar Games, is suing the BBC for trademark infringement over its planned "making of GTA" drama, Game Changers. The 90-minute movie was created without the involvement of the studio, which rarely comments on the GTA series' development outside of organised press events. (It is expected that it will draw upon the public conflict between Sam Houser and notorious anti-gaming crank Jack Thompson, via the expose "Jacked" by David Kushner.) After direct negotiations with the BBC failed, Take Two brought suit to "ensure that [their] trademarks are not misused." The details of the suit, Rockstar's objections, and the penalties sought, are not yet known.
Unless the mark is "famous". Then a separate cause of action called "trademark dilution" comes into play.
Except the use of a mark to refer to a product for the purpose of criticism which is outside of normal trade falls under fair use and cannot be dilution.
What if it's a smear job on Take Two? At taxpayer expense?
1. This isn't at taxpayer expense. It is at television owners' expense. Only people with televisions have to pay the television license that funds the BBC, not all taxpayers. To conflate the two is disingenuous.
2. So what if it is inaccurate or a smear job. That is part of having a free press: the right to get it wrong (and if you do, be eviscerated and/or humiliated by everyone else). The BBC has a very good record and deservedly good reputation, because despite the occasional imperfection, by and large their reporting and documentaries are first rate.
This lawsuit is an attempt to undermine the free press and apply inappropriate pressure to the editorial process, and frankly, Rockstar and Take Two deserve a severe smackdown for trying to do so, irrespective of the program's content.
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