'GTA V' Character Doesn't Resemble Lindsay Lohan, Court Rules (rollingstone.com)

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'GTA V' Character Doesn't Resemble Lindsay Lohan, Court Rules (rollingstone.com)

Posted by msmash on Friday March 30, 2018 @04:52AM from the don't-think-so dept.

Actress Lindsay Lohan has failed in her latest attempt to sue the maker of the video game Grand Theft Auto V. From a report: While the court said in an opinion a computer generated image may be considered a "portrait" under current state civil rights law, "the artistic renderings are indistinct, satirical representations of the style, look, and persona of a modern, beach-going young woman that are not reasonably identifiable as the plaintiff." Lohan sued GTA V publisher Take-Two Interactive in 2014 over a NPC in the game called Lacey Jonas. Players encounter her while she's hiding in an alley from the paparazzi. She describes herself as an "actress slash singer" and the "voice of a generation."

Artwork during the game's loading screens depict similar blonde women. One is wearing a red bikini and flashing a peace sign as she takes a selfie. Another wears a fedora and large sunglasses while being frisked by a female police officer. Lohan claimed developer Rockstar Games modelled the character and screens after her, using her "image, likeness, clothing, outfits, clothing line products, and ensemble in the form of hats, hairstyle, and sunglasses" without her permission.

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Tiny violin playing... by Anonymous Coward · 2018-03-30 05:00 · Score: 0

Payday denied!
1. Re:Tiny violin playing... by Anonymous Coward · 2018-03-30 05:48 · Score: 0
  
  Yea, but she had a point. Scene in question. I don't agree with labelling everything a frivolous lawsuit :\
2. Re: Tiny violin playing... by Anonymous Coward · 2018-03-30 05:59 · Score: 0
  
  Just wow
3. Re:Tiny violin playing... by Anonymous Coward · 2018-03-30 06:37 · Score: 0
  
  Streisand effect in 5...4...3...
4. Re: Tiny violin playing... by Anonymous Coward · 2018-03-30 08:31 · Score: 0
  
  I laughed for 5 minutes straight. WHO'S YOUR UNCLE? WHOOO'S YoURRRR UNCLEEE!!
5. Re:Tiny violin playing... by Anonymous Coward · 2018-03-30 09:08 · Score: 0
  
  That was a game mod, which is the equivalent of fan fiction:think of the Star Trek TV series, but the fans came up with short stories themselves.Or go back to the Quake or DOOM series of games. There are a thousand add-ons, or mods as they are called, for varying themes and skins, etc.
6. Re: Tiny violin playing... by Anonymous Coward · 2018-03-30 09:56 · Score: 0
  
  I love the expressionless look on her face as shes gettin slammed
  
  captcha: steamer
7. Re:Tiny violin playing... by fedos · 2018-04-02 02:24 · Score: 1
  
  I also don't agree with labeling everything a frivolous lawsuit, but this was a frivolous lawsuit.
Sad and happy day. by Anonymous Coward · 2018-03-30 05:03 · Score: 0

Lawyers: "Yeah! We won!!"
Artists: "Awe man."
Um. by Anonymous Coward · 2018-03-30 05:04 · Score: 1

That's not a fedora though, it's a trilby.
1. Re:Um. by Anonymous Coward · 2018-03-30 05:11 · Score: 1
  
  Back to the basement, dweeb
How is this even a case? by RazorSharp · 2018-03-30 05:16 · Score: 4, Insightful

I don't know why it matters whether the NPC resembles her or not. They could have made it look even more like her and it wouldn't be a case. The protections for parody are very broad, especially when directed at public figures.

--
"From the depths of my skeptical and rationalist soul, I ask the Lord to protect me from California touchie-feeliedom."
1. Re:How is this even a case? by Anonymous Coward · 2018-03-30 05:22 · Score: 0
  
  She wants control over her image, and money as well.
2. Re:How is this even a case? by Anonymous Coward · 2018-03-30 05:29 · Score: 0
  
  That's true of some artistic renderings, like a painting hung in a gallery, but art that appears in commercial products aren't granted as much leeway, particularly under California law.
3. Re:How is this even a case? by alvinrod · 2018-03-30 05:34 · Score: 4, Insightful
  
  It's been a while since I played the game, but the character seemed to be a generalization of several different actresses who were relatively successful or well known before getting heavily into drugs or alcohol and tanking their careers. It seems like every five years or so there's a new starlet that goes down the exact same path.
4. Re: How is this even a case? by TWX · 2018-03-30 06:09 · Score: 1
  
  The NPC isn't the focus of the game though, merely a small element of it. Additionally one can argue that even a work in a gallery or a work commissioned have commercial aspects, a gallery may be trying to sell its contents or may charge admissions, and a for-commission work results in the artist getting paid. It now becomes a matter of the degree to which this behavior is acceptable, versus it being outright prohibited. Creating an image or representation based on another fictional work in which the subject appeared is probably subject to more protection than the subject's natural likeness.
  
  --
  Do not look into laser with remaining eye.
5. Re: How is this even a case? by Anonymous Coward · 2018-03-30 06:19 · Score: 0
  
  >The NPC isn't the focus of the game though, merely a small element of it.
  The law doesn't make that distinction , does it? Games that feature samples of popular music for background are legally required to pay royalties to do so even though the music samples aren't the "focus" of the game. They just contribute to the work as a whole. Same with NPC's. Why not pay actors to use their likeness in games?
6. Re:How is this even a case? by Anonymous Coward · 2018-03-30 06:30 · Score: 0
  
  Not so much the NPC as the use of the image on the game "cover" and marketing images.
7. Re:How is this even a case? by Anonymous Coward · 2018-03-30 07:00 · Score: 0
  
  Being a victim of child abuse will do that to you.
8. Re: How is this even a case? by Anonymous Coward · 2018-03-30 07:01 · Score: 0
  
  Marilyn Monroe was the first.
9. Re:How is this even a case? by Anonymous Coward · 2018-03-30 07:32 · Score: 1
  
  They hired a girl for that and this dried out old drunk is still trying to profit from work she cannot and did not do, Lohan give it a rest you drank yourself out of a career.
10. Re:How is this even a case? by AmiMoJo · 2018-03-30 07:36 · Score: 1
  
  IIRC she wasn't even in the game itself, just on the loading screens.
  
  --
  const int one = 65536; (Silvermoon, Texture.cs)
  SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
11. Re:How is this even a case? by nospam007 · 2018-03-30 07:37 · Score: 2
  
  "They could have made it look even more like her and it wouldn't be a case. "
  She seems to think everybody in a prostitute costume is copying her.
12. Re:How is this even a case? by Anonymous Coward · 2018-03-30 08:12 · Score: 0
  
  Sorry, you recall incorrectly. In one mission you help her dad bring her home from an american idol parody.
13. Re:How is this even a case? by Anonymous Coward · 2018-03-30 08:42 · Score: 0
  
  Is it a generalization or is it all those actresses tend to look alike and dress alike? They all wind up copying each other in an attempt to cash in on responses from the masses to a particular trope even if they themselves don't understand what "it" is.
  It's currently the same with all the Chris' in Hollywierd.
14. Re:How is this even a case? by admin7087 · 2018-03-30 10:57 · Score: 1
  
  In this case it might have been about parody. In the future, it could mean that studios can use actors without hiring or paying them.
15. Re:How is this even a case? by Anonymous Coward · 2018-03-30 11:10 · Score: 0
  
  FYI: You're thinking of the girl on the cover, who everyone thinks resembles the SI swimsuit model Kate Upton.
  However, a quick search will tell you that Rockstar hired Shelby Welinder as the model for that image.
16. Re:How is this even a case? by RazorSharp · 2018-03-30 11:11 · Score: 1
  
  That's true of some artistic renderings, like a painting hung in a gallery, but art that appears in commercial products aren't granted as much leeway, particularly under California law.
  I'm not a lawyer, but I don't think California law matters. Parody is protected as a 1-A issue, and court precedent backs that up.
  
  --
  "From the depths of my skeptical and rationalist soul, I ask the Lord to protect me from California touchie-feeliedom."
17. Re:How is this even a case? by RazorSharp · 2018-03-30 11:18 · Score: 1
  
  That's an interesting point, but I don't think this is the right case to set a precedent for that. I haven't played this particular GTA game, but what I remember from the ones I did play, is that pretty much everything was a parody of something. Like, "Vice City" was a parody for Miami, the radio shows were parodies, etc.
  The idea of using CGI to animate a famous actor without paying themwell, I'm sure it's just a matter of time before we go down that rabbit hole. But it's an audacious move, so I doubt a major movie or video game studio would attempt it. It will probably be a problem in pornography and will make its way to the courts that way.
  
  --
  "From the depths of my skeptical and rationalist soul, I ask the Lord to protect me from California touchie-feeliedom."
18. Re:How is this even a case? by Anonymous Coward · 2018-03-30 14:54 · Score: 0
  
  That is no actor . It is not her image. It is a animated cartoon.
19. Re:How is this even a case? by rtb61 · 2018-03-30 18:25 · Score: 1
  
  Cough, cough, many different actresses seem to be generalisations of many different successful actresses who were in turn generalisation of other successful actresses and on it goes. Keep in mind pretty, is not special other than being really average looking, proven by science, you average out images of people and they take on what is accepted as an attractive appearance. So they will tend to all look alike and as the are managed by the same people behave publicly alike and as the same narcissistic ego and genes are prevalent when the mask is off, behave them same.
  No doubt, you could grab a dozen of them and they all would believe that it was their 'star' (size of ego) qualities that were stolen, pay us now, worship us now, we are fantastic (royal wee not by accident and that wasn't by accident either).
  
  --
  Chaos - everything, everywhere, everywhen
f**cks like a beast by Anonymous Coward · 2018-03-30 05:20 · Score: 0

I didn't nail LiLo but a friend of mine did. He said she fucks like a beast, insatiable but she was so stoned and drunk that when they woke up the next morning she didn't even know where she was.
1. Re:f**cks like a beast by Anonymous Coward · 2018-03-30 07:37 · Score: 0
  
  So in other words, he raped her.
2. Re: f**cks like a beast by Anonymous Coward · 2018-03-30 07:48 · Score: 0
  
  No, he was stoned and drunk, too...she raped him!
Right to parady by fish_in_the_c · 2018-03-30 05:20 · Score: 1

I haven't actually played the game, however, I would think that such a character would be covered as a 'political satire' even if they exactly took her image.

--
âoeTolerance applies only to persons, but never to truth. Intolerance applies only to truth, but never to persons.
1. Re:Right to parady by TechyImmigrant · 2018-03-30 05:23 · Score: 1
  
  I haven't actually played the game, however, I would think that such a character would be covered as a 'political satire' even if they exactly took her image.
  L.L. is a politician? Cool.
  
  --
  I should use this sig to advertise my book ISBN-13 : 978-1501515132.
2. Re:Right to parady by alvinrod · 2018-03-30 05:35 · Score: 1
  
  It's not necessary to be a politician, merely just a well known public figure.
3. Re:Right to parady by TechyImmigrant · 2018-03-30 05:46 · Score: 1
  
  It's not necessary to be a politician, merely just a well known public figure.
  Oops, I did it again
  
  --
  I should use this sig to advertise my book ISBN-13 : 978-1501515132.
4. Re:Right to parady by PolygamousRanchKid+ · 2018-03-30 06:08 · Score: 1
  
  L.L. is a politician? Cool.
  . . . rumor has it that she's Oprah's pick as VP candidate . . .
  
  --
  Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
5. Re:Right to parady by rogoshen1 · 2018-03-30 07:32 · Score: 1
  
  That was just .. Toxic.
6. Re:Right to parady by Anonymous Coward · 2018-03-30 14:24 · Score: 0
  
  L.L. is a politician? Cool.
  For a second I thought you were referring to LL Cool J.
7. Re:Right to parady by TechyImmigrant · 2018-03-30 17:46 · Score: 1
  
  L.L. is a politician? Cool.
  For a second I thought you were referring to LL Cool J.
  I considered that, but if you have to put Cool in your name to persuade people that you are cool, you are not cool. So L.L. it was. Not LL.
  
  --
  I should use this sig to advertise my book ISBN-13 : 978-1501515132.
8. Re:Right to parady by Anonymous Coward · 2018-03-30 18:51 · Score: 0
  
  I considered that, but if you have to put Cool in your name to persuade people that you are cool, you are not cool.
  FYI: He picked that stage name in 1982 when he was only 14 years old. He became world famous 6 years later when he released Going Back To Cali in 1988.
  Thirty years later, he's still famous, and he's now worth over $100 million. He's currently the host of Lip Sync Battle, and he stars on a prime time crime drama "NCIS: Los Angeles."
  IMO, calling him "not cool" sounds like sour grapes.
9. Re:Right to parady by Anonymous Coward · 2018-03-30 19:04 · Score: 0
  
  IMO, calling him "not cool" sounds like sour grapes.
  Ok....
  
  ..He's currently the host of Lip Sync Battle, and he stars on a prime time crime drama NCIS: Los Angeles.
  
  Well, I think you bringing up his involvement in these two 'fine' shows has just proven TechyImmigrant's point about his lack of 'cool'.
Those bastards modeled Trevor after me! by Anonymous Coward · 2018-03-30 05:25 · Score: 0

Give me money! (or at least Vodka)
Please check your hubris at the door, Lohan... by zarmanto · 2018-03-30 05:27 · Score: 4, Interesting

You know, she might theoretically have been right about her being the inspiration for that one character... but it seems obvious that the reason she lost is because she got greedy, and pushed the comparison much, much too far. It was the absolute pinnacle of vanity for her to try to claim that basically all of the blond females likewise had to've been "stolen" from her.
Know your limits, people. Push things too far, and you're gonna fall right off the cliff... and ain't nobody gonna try to catch you, either.
1. Re:Please check your hubris at the door, Lohan... by Anonymous Coward · 2018-03-30 05:34 · Score: 0
  
  She is a celebrity and drives a nicer car than you do. Public figures have to protect themselves legally.
2. Re:Please check your hubris at the door, Lohan... by Higaran · 2018-03-30 05:38 · Score: 1
  
  So a stereotypical video game character is similar to a stereotypical actress, wow that's such a shocker.
3. Re:Please check your hubris at the door, Lohan... by Anonymous Coward · 2018-03-30 06:29 · Score: 0
  
  She is a celebrity and drives a nicer car than you do...
  Is there a point to this bit of passive aggressiveness, or are you just a douche-nozzle?
The Last of Us by FFOMelchior · 2018-03-30 05:33 · Score: 1

Not even close. However, looking at Ellen Page and Ellie from The Last of Us...
Why is this on /. ? by volodymyrbiryuk · 2018-03-30 05:39 · Score: 1

Irrelevant people doing irrelevant stuff. Don't give them attention. It's what they want.

--
sudo rm -r -f --no-preserve-root /
1. Re:Why is this on /. ? by Anonymous Coward · 2018-03-30 06:04 · Score: 0
  
  If you keep screaming that nobody should care about this actress, maybe it will come true,
2. Re: Why is this on /. ? by Anonymous Coward · 2018-03-30 06:14 · Score: 0
  
  Actress? She is doing shit with animals right
3. Re: Why is this on /. ? by Anonymous Coward · 2018-03-30 09:55 · Score: 0
  
  isn't that illegal?
wow by Anonymous Coward · 2018-03-30 05:53 · Score: 2, Funny

Lindsay Lohan doesn't even look like Lindsay Lohan anymore
1. Re:wow by PPH · 2018-03-30 07:23 · Score: 1
  
  Yeah. She wishes she looked as good as the artwork in the GTA game.
  
  --
  Have gnu, will travel.
Next Lawsuit... by Thelasko · 2018-03-30 06:06 · Score: 1

Joe Walsh, for writing a song about her without permission, before she was even born.

--
One of our competitors trademarked the term "hypothesis". From now on, we will call them "boneheaded ideas".
Duh! by Anonymous Coward · 2018-03-30 06:34 · Score: 0

From the ruling:
"We conclude that the character depicted in the game appears to be significantly more attractive than the plaintiff."
Big corporations stepping on artist's rights by Anonymous Coward · 2018-03-30 06:58 · Score: 0

Why can't Lindsay Lohan catch a break? It's not like she has a career anymore.
1. Re:Big corporations stepping on artist's rights by omnichad · 2018-03-30 11:09 · Score: 1
  
  Doesn't she have a career as an escort in Dubai? Or at least did?
2. Re:Big corporations stepping on artist's rights by Anonymous Coward · 2018-03-31 10:44 · Score: 0
  
  It's bitztream the autism-hating, custom EpiPen-hating, Musk-hating, Qualcomm-hating, Firefox tabs-hating, Slashdot editors-hating Slashdot troll!
Hot Mess by endus · 2018-03-30 08:42 · Score: 1

What's hilarious about the lawsuit was that the only real notable similarity was that both the character and Lindsay Lohan are complete and total fuckups. By filing the lawsuit she's essentially saying that any reference to, "an actress who can't stop doing stupid shit" could only be a reference to her.
I feel kind of bad for Lindsay Lohan, but the suit was an act of desperation. Anyone with any dignity would never have tried to make the connection...and no one else would have made it either.
1. Re:Hot Mess by Anonymous Coward · 2018-03-30 19:16 · Score: 0
  
  I feel kind of bad for Lindsay Lohan, but the suit was an act of desperation. Anyone with any dignity would never have tried to make the connection...and no one else would have made it either.
  Question is, considering the fact that she doesn't appear to be 'all there' at the best of times, did she initiate the lawsuit or was this the bright idea of her huckster(s) and some shyster lawyer(s) who persuaded her she had a good case? (the huckster(s) for the publicity, the shyster(s) for the obvious..though you have to wonder how much more money they can suck from the particularly emaciated walking corpse of her career...)
  [Captcha: vomited (somewhat apposite...)]
Confused by dohzer · 2018-03-30 12:37 · Score: 1

I'm still so confused about what happened with GTA V.
It was as though I finished the game on my Xbox 360, and then there was a new version of the game released on the Xbox One a year later that had way more content and first-person mode.
Did I buy a beta version of the game without ever receiving the full game?
1. Re:Confused by Anonymous Coward · 2018-04-01 06:32 · Score: 0
  
  Same thing with the PC version, or so I've heard. That's the one I played (thanks, RELOADED!) and it apparently had a bigger map and a bunch of extra content added to it. The tradeoff for this was having to wait over a year for the release, which meant a lot of game playing type people had long moved on.
  Anyway, it's a fantastic game, even by GTA standards. It didn't have most of the things that usually annoy me about GTA games (like GTA IV with some awful controls and a story that completely falls apart) and lots of fun to play. I've even done a second playthrough, which I don't do much. I'm looking forward to the next one.
There's a pic floating around by Anonymous Coward · 2018-04-01 06:38 · Score: 0

I haven't seen it in a while, but there's a pic of a model who's a dead ringer for that GTA V selfie bikini girl, and it sure as fuck isn't Lindsay Lohan. The resemblance was to complete that I had figured they based the picture off of her likeness.
Shame about Lindsay Lohan. All that acting ability gone to waste. It goes to show how hindered you can be when your parents are walking piles of shit who only ever thought of you as their meal ticket.