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Rockstar Finally Wins a Lawsuit

Zonk posted more than 8 years ago | from the about-time dept.

30

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.'"

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If.... (5, Insightful)

krell (896769) | more than 8 years ago | (#15841185)

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.

Re:If.... (2, Funny)

Tarmas (954439) | more than 8 years ago | (#15841222)

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

Re:If.... (2, Funny)

AnotherShep (599837) | more than 8 years ago | (#15841504)

It seems that step 3 is "Sell Porn".

Re:If.... (1)

honkycat (249849) | more than 8 years ago | (#15841360)

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

Re:If.... (0, Troll)

sumdumass (711423) | more than 8 years ago | (#15842213)

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 getting objects shot at it unless you wrote it, got it recognized, and won an award for it or at least popularized it. Now, in this case, the only reason it is worth anything to me in a game is because you did all the work. You are directly responcible for part of the success to my game. You might thing you should be compensated a little.

This lawsuite is no different. The exception is that rockstar changed enough of it to make a judge think they weren't trying to capitolize of the success of the stripclub. It is more of an issue of did people buy the game because of the strip club or discover the strip club because of the game.

So yea, it isnt't about taking a picture, it is about taking a picture in order to directly profit from someone elses hardwork.

Re:If.... (1)

Breakfast Pants (323698) | more than 8 years ago | (#15843385)

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.

Re:If.... (1)

sumdumass (711423) | more than 8 years ago | (#15844083)

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.

Re:If.... (0)

Anonymous Coward | more than 8 years ago | (#15844860)

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.

Civilization is founded on people using others' ideas. I see a fool like you making half baked comments, I lose faith in humanity, and I make a million dollars doing stand up comedy making fun of idiots like you. Do I owe you anything?

But seriously, posters like you need to start thinking more and typing less. Having read some of your other posts, you're mostly just stating the obvious or saying something that just doesn't make any sense.

Re:If.... (0)

Anonymous Coward | more than 8 years ago | (#15848013)

Civilization is founded on people using others' ideas. I see a fool like you making half baked comments, I lose faith in humanity, and I make a million dollars doing stand up comedy making fun of idiots like you. Do I owe you anything?
Recent civilization is founded on people compensating others for thier ideas or work. If you lost your faith in humanity, it was because of actions taken long before me.

And yes you would owe me money if you based your routine directly off of me. This is done with stories in books all the time. The degree of compensation depends on the importance the charector plays in the story. Also if you defame me in the process, then you owe possibly more money. Dont' take my word for it, there have been several lawsuites proclaiming this and one of the most notable is richard prior where his step mom, using his dad's name, recived compensation for using his dad and step mom in his routine. Disney won against hell comics in thier attempt to poke fun at mickey mouse and other disney charector with thier air pirates commics. I'm sure there are more examples too.

But seriously, posters like you need to start thinking more and typing less. Having read some of your other posts, you're mostly just stating the obvious or saying something that just doesn't make any sense.
But you see, the obvious needs to be stated too many time. This thread started as a responce to someone who even after reading the article, Though it was about taking a picture of a building from a public point of view. It wasn't, it was about the owners of a company with a building in public view thinking that rockstar owes part of it's games success to them having a building and bussiness at a certain location that was replicated in the game.
Yes that is "stating the obvious" but it is in corection of the original posters obvious view of it revoilving around someoen taking pictures from the sidewalk. I'm not sure how you could have missed that unless you need to strart thinking more?

A challenge (1)

krell (896769) | more than 8 years ago | (#15846158)

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?

Re:A challenge (0)

sumdumass (711423) | more than 8 years ago | (#15846424)

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 one hit wonder guitar player hooked on crack, coke, and other things that does nothing but cruise the strip clubs and watches porn with the millions he didn't spend on green m&ms, they probably would have had to pay.

Re:If.... (0)

Anonymous Coward | more than 8 years ago | (#15847776)

looks like a freak got mod points. lol... little misguided indevidual.

Judge Morrow gets it (4, Insightful)

OECD (639690) | more than 8 years ago | (#15841208)

"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 (1)

pxuongl (758399) | more than 8 years ago | (#15841376)

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

Re:Judge Morrow gets it (2, Interesting)

TubeSteak (669689) | more than 8 years ago | (#15841412)

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.

Re:Judge Morrow gets it (3, Funny)

GJSchaller (198865) | more than 8 years ago | (#15842437)

"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...

Yet another frivolous lawsuit. (2, Insightful)

Chaffar (670874) | more than 8 years ago | (#15841461)

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.

Re:Yet another frivolous lawsuit. (1)

siriuskase (679431) | more than 8 years ago | (#15844237)

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

Re:Yet another frivolous lawsuit. (1)

bky1701 (979071) | more than 8 years ago | (#15844685)

Read the whole post...

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

I can't blame the club for trying (5, Funny)

OakDragon (885217) | more than 8 years ago | (#15841481)

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

Then the pizza isn't free... (1)

hal2814 (725639) | more than 8 years ago | (#15841560)

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.

Re:Then the pizza isn't free... (1)

OakDragon (885217) | more than 8 years ago | (#15842117)

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! (4, Funny)

Rob T Firefly (844560) | more than 8 years ago | (#15841694)

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.

Re:Rockastar! (1)

amrust (686727) | more than 8 years ago | (#15842449)

Celebrity spokesman Mo Rocca unavailable for comment.

Re:Rockastar! (1)

Reverend528 (585549) | more than 8 years ago | (#15842896)

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

Re:Rockastar! (1)

PaganRitual (551879) | more than 8 years ago | (#15843778)

Belissimo!

(groan)

Re:Rockastar! (1)

munehiro (63206) | more than 8 years ago | (#15844912)

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

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

GJ (1)

pawn63295 (964760) | more than 8 years ago | (#15842554)

Good job Rockstar Finally the video Game industry wins something

Photos? (1)

GWBasic (900357) | more than 8 years ago | (#15848783)

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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