The best/worst thing about Donkey Kong vs King Kong? Years prior, Universal was allowed to use the King Kong name because they successfully argued that King Kong was public domain! After King Kong was deemed public domain, Universal threatened to sue anyone who dared publish console games with "Kong" in the title without paying them royalties. It wasn't until Nintendo refused to cave in that the courts ruled that public domain means public domain. You can't own what nobody can own.
Guess why many movies about public domain based stories were released in the recent years? Dracula, Frankenstein, Pan, etc. In theory, copyright must be renewed by the original author in the 50 years followed its initial registry, otherwise it's automatically switched over public domain. If an inheritance can only allows a renewal with an actual remake in its original medium and still cost every year to maintains. So, for example, a theater play IP can't be renewed with a movie... as we all know, theaters plays aren't "gold mines" anymore. This explain why many theater's based play, even if their right were inherited, went toward public domains. This is also why many movies studios do remakes of their previous titles with better technology. Those actually renew the "timer" for those IP for another 50 years.
I'm guessing the biggest reason for those remakes is that the vast majority of audience goers have at least heard of Peter Pan, Dracula, Frankenstein, etc. You can make a new IP or you can use a famous Public Domain one and cut down on the time-consuming task of writing the script.
The fact that people try to copyright common words really pisses me off. I'm going to go copyright the works "copyright" and "lawsuit" that way whenever some tries go to court over these things they have to pay me first.
There was a lady who sued bioware because she caught her 10 or so year old watching the sex scene in mass effect. Sure let's buy a game that warns about partial nudity then sue. Not only will you look like a bad parent for buying a rated m game for a little kid, But also an idiot for not reading the label before buying it...
Are you expecting parents to take responsibility over their children and have some control over their access to media material instead of purging any remotely offensive content in every media? How dare you!?
I mean, that's what my parents effectively did by only allowing me to go high as E10+ with a few permitted Teen games, even though I'm old enough for the M rating now...
This is a big problem in general. When studies are done on whether or not games cause violence it’s done under the notion that a 10 year old isn’t playing something like gta.
Here is a completely insane one. Jack Thompson made "A Modest Video Game Proposal," he would donate $10,000 to the charity of a game developers choice if someone created a game that admitted to being a murder simulator and had the player kill major people in the games industry that create violent video games. Multiple mods and several games were either made, had existed, or were in the process of being made when Jack backed out and claimed his Proposal was "satire". The creators of Penny Arcade stepped in and donated the money (which went to the Entertainment Software Association foundation) in Jack's name. Jack then proceeded to A. phone the police and FBI seeking criminal charges and B. sued both Penny Arcade and Take Two interactive over creating a massive conspiracy against Jack. The case was laughed out of court.
notbobby125 Ha ha, remember when people knew how to treat prevaricating campaigners who tried to stifle video games by crying wolf. Good thing there's no one like that around today who is doing pretty much the same thing but from a different political angle. No sir-ee, everything is A-okay. Certainly not the situation that people can get away with the same dog-whistle politics from the left of the political spectrum... right?
This is perhaps the greatest culmination of video game issues in the media ever. Copyright, purposely violent games, conspiracies and poetic justice. Today was a very good day.
notbobby125 wait... wasn't "postal 2" a game that admitted to being a murder simulator? i remember something on the box telling the player that the game was only as violent as the player. (except for those parts where the player is forced to fight his way out of stuff. trust me i tried to complete the game without any violence at all, and i failed. but it had nothing to do with me being a closet murderous baby-eating fuckhead)
Treblaine this triggers me. my gender/womyns studies degree is just as valid as the engineers at nasa working on the super phallic rockets that are obviously made by cis white males of the patriarchy, and all video games are nothing more than super sexist bullshit portraying womyn as sex objects and slaves. (anita sarkeesian needs to be banned from the internet forever. please see exibit A: gamergate(yesiknowiamlategettingonthebutthurtbandwaggon)
Here's my personal favorite. PETA trying to sue Mario over the tanooki suit because "it encourages people to wear animal fur." And ended with it ruling in favor for Nintendo because the tanooki isn't a real animal and because you get the suit from a feather.
The feather gives you a cape, you get the tanooki suit from a leaf. Aside from that, i didn't know PETA pursued actual legal action, i thought that all they did was try to make it look like Nintendo supported animal cruelty. (Emphasis on try.)
PETA tried to sue WarHammer 40k because some plastic models are character with fur coat. Seriously, there is so much shit wrong in the WH40K universe, imagine nazis doing a holly inquisition across several worlds, that is basically mankind, the other species are not much nicier too. You need to be next level psychopath to use wh40k as a moral guide. One of the coolest thing about WH40K is how the universe is over the top edgy
@@Noperare Also, the fur is from "wolves" from Fenris. Fenris does not have wolves, as Fenris is a death world. Instead, people were spliced with wolf genes to allow them to survive the harsh planet. It went wrong and some people turned to look full wolf. The pelt is humam pelt.
And they attempted to sue Pokémon because they said it was "promoting animal abuse" they can fucking suck a bladed stick! Because I'm not putting up with cucks who said shit that ain't nice! And I'm not having anyone tell me mimikyu promotes abuse because mimikyu=cinnamon roll ghost fairy Pokémon
what made nintendo vs universal even more funny is that nintendo's lawyers pointed out that universal's lawyers had claimed that king kong was in the public domain in a previous lawsuit. Universal were trying to sue over something they themselves said they didn't own. I imagine everyone at nintendo was laughing at them the whole time.
+DP Trumann It gets better. The reason why Universal wanted King Kong in the public domain originally? Because back in the 70's RKO Pictures was trying to claim THEY still held the rights, and Universal wanted to do a remake. Amazing how they conveniently forgot about that ten or fifteen years later when it suited them.
@@tanall5959 gotta love company turnover, they’re like inorganic machines. The only driving force is profit lol, they don’t pay anyone to remember 10 years ago
The lawsuit where Universal sued Nintendo actually got everyone's favourite pink puffball, Kirby, his name. Kirby was the last name of the lawyer who defended them in the case and to celebrate hi, and because Miyamoto thought the sound of the name contrasted with names for various cute things in Japan.
+TheVanguardKing thats the point "kirby" as we know him would not exist, how ever the pink fluffy marshmallow man woudl probly be called something like gina or something random and "kirby" would be some random dragon on sony..lol
Some more fun facts about Tim Langdell: - It wasn't just the Edge Games copyright with Mirror's Edge. He also claimed it infringed on his own game that just so happened to be conveniently announced around the time of the lawsuit: Mirrors. It even had a logo that read Mirrors (a game by) Edge. - When people started catching on that Langdell hadn't released an actual game in over 20 years, he quickly shat out a game creatively called Racers. A game that came in a blank jewel case, on a blank CD with the title written in Sharpie, and according to all the Amazon reviews I've seen won't even start. - Langdell has also claimed that he was responsible for the creation of Edge Magazine even though he had nothing to do with then, and after he lost the copyright to the word Edge he claimed that Edge Magazine was the real mastermind all along and was forcing him to do all his copyright trolling. And this wasn't the first time he tried to shift the blame for his copyright shenanigans onto somebody else, either. - Langdell is the reason the first game in the Soul Calibur series was renamed from Soul Edge to Soul Blade in western releases.
The GTA "Hot Coffee" lawsuits. Oh noes! A game rated for mature only had mature content in it?! And it was even inaccessible by default? Oh noes! The fact that these parents bought their kids games that were not meant for them, then had the gall to actually sue because of content? Feh...
Bethesda vs Mojang over Mojang's upcoming "Scrolls". Bethesda's parent compant tried to sue Mojang, claiming the name "Scrolls" is too similar to "The Elder Scrolls". Mojang challenged Bethesda to a game of Quake III to settle it out of court. Mojang won the game and so Scrolls got to stay unchanged.
MikeYoshi Productions I'm pretty sure they didn't ACTUALLY settle it with a game of quake. Bethsoft just backed off out of a rare spark of common sense. Then they took on the more managable CaptainSparklez.
MikeYoshi Productions *_THAT'S_* how things should be settled. Going to war with Italy? (Example) Challenge them to a race! Problems with Hungary? Eating Contest! (Sorry. Bad pun.)
Tsuda Otatsuke the only problem is you know if any of the major world powers ever lost they would get salty and declare war anyway. remember you can do whatever you want if you have more guns and bodies than everyone else.
Tsuda Otatsuke the only problem is you know if any of the major world powers ever lost they would get salty and declare war anyway. remember you can do whatever you want if you have more guns and bodies than everyone else.
***** Yep. *Not a single game they've made was original*! They're all rehashed old "classic" flash games from YEARS before they were in the business of making games.
+Brian Martinez Bejeweled was also a clone of an older game. And it would be a _very bad thing_ if companies started suing each other over cloned game mechanics. All it would take is one crazy judge/jury and suddenly you can't make a game with match-3 mechanics, or horde mode, or a top-down camera...
Matt Le Tissier That's one of the reasons I hate King so much, they ripped off Candy Swipe, then turned around and tried to sue them for using the idea.
Have you heard this one OX? The Sega people who created Sonic the Hedgehog tried to sue now famous video game creator Scott Cawthon for "stealing" a name. Scott, the creator of Five Nights at Freddy's, named one of the lead characters Freddy Fazbear, which was apparently a scrapped name for Sonic in his early beta versions. The case was taken to court, but the judge ruled in favor of Scott for poor evidence; Sega learned the hard way that you cannot sue someone for stealing a name idea that you not only scrapped, but also kept secret from Scott and everybody else in the world. Freddy Fazbear was a huge coincidence on Scott's account, as he went through multiple names before settling with Freddy.
NobleEzioTheGrandChairMasterwiththemChairsyoucykasggwpnore Never heard of wacky facts. But still, Sega tried to sue because of similarities to a scrapped character they made. Sega lost the battle because well, they had no rights to the name, it was only close to the name and Sega got rid of it. So it would be like me making a new ice-cream flavour and getting rid of it because I hated it and never mention it to anyone and then try to sue someone for making a similar flavour.
What about the guy who tried to sue ubisoft due to gentic memory appearing in AC which he wrote in a book but didnt create as the concept has been around foe years
I remember back in 2005, when I played City of Heroes, me and some friends had an X-Men team - Wolverine, Jean Grey, Colossus, Beast and Storm. But one day all the characters names was suddenly changes to "GenericHero102" and so on, by a GM, simply because we weren't allowed to make replicas of known Marvel heroes with the same names and powers. So I guess the lawsuit HAD an impact and we, the fans, weren't the winners...
The user agreement forbade the creation of potentially infringing characters and clearly stated that the character would be randomized (or "generalized") at the start of the game's life...in 2004. Not only were the GMs quick on the trigger to stop potential issues, the fans (who also were worried about lawsuits destroying the game) were on the ball to point out any troublesome characters. Hell, I got a contact from a GM for one of my characters, simply because the team that character was on shared the name with a DC team that was hardly recalled at that time. Basically, you ignored the agreement and used the vast power of the character creator (at the outset, it was incredible...and it only got larger as updates rolled out) to...create copyright infringing characters. What you also seemed to miss was that, by "generalizing" your characters, NCSoft was actually helping *you* in the case of a lawsuit...the agreement also would force violating players to reimburse NCSoft in case of a lawsuit (say Marvel sued and used your team as an exhibit...you and your friends would've had to pay NCSoft).
This has been explained by those who knows how the law works. They don't actually expect to win but they have to do the lawsuit for legal reasons. As the law is, if they don't and someone later actually does use the word in a way that mimics their product (let say someone makes a Candy Crush Saga rip-off with the word "saga" in it), the court will take up how the company have reacted to others using the word "saga" and there's a risk that they will throw it out. In other words, if you let someone get away with using a word associated to your product without legal action you basically give everybody the OK to use that word how ever they want.
How about when Resident Evil 5 got sued on the grounds of racism? They claimed the game was racist, because the majority of the enemies in the game were black....even though the setting of the game takes place in Africa. I forgot that when we go to Africa, the majority of people there are Chinese. Well, besides the point, that's the main reason why a lot of the enemies in Resident Evil 5 have gray skin color, or blue skin color. Because of this lawsuit
TranzdemikSingr Actually it was because the black characters had worse AI than the white ones. Also at least RE4 had accurate languages. RE5 is just oogaderpabooga!
Alex Leonardi Well, not exactly "accurate," the game took place in Europe but had all the villages speaking a Mexican dialect. That would be like setting a game in London but having all the characters talk like they're from Texas. Still better than just having African characters speak gibberish, though.
From Sheogorath, you're all being sued for using inane nonsense without permission. Good day, and try not to offend the talking spoons. They are very sensitive.
I honestly love that they used my Spiderman tutorial video(City of heroes) in this... though... it woulda been nice to ya know... know about it first XD Though it's pretty cool to be in it.
Yooneek696969 True, BUT as the law works, I do own rights to anything I did create I.E. the tutorial on it. Anything used without permission and not used for things under fair use(Basically reviewing or parody OR using something without making a profit-that bit can be worked around though-) can be sued over. BUT as I said, I'd never sue, I just would like to have known that someone was using my video, especially when they are making money off of it and I'm not.
If they could, it would mean nobody could ever make a film about a shark attacking people in the ocean because the copyright holders of Jaws could sue them. Thankfully, ideas in and of themselves are not copyrightable. Only how those ideas are expressed.
rockomcknight Yea but i meant stuff like that Dead Rising also takes place in a mall for example. I see people call stuff a rip-off for those kind of similiarities all the time.
+Burst Flare Not really... If it were last year then it'd be "29 years ago this year" It's not interesting, it's just a linear understand of how time works.
I'm not saying he's wrong, it's just that since some people don't look at the descriptions or dates of videos (like how you didn't see that this video was uploaded in 2014 and it's now 2015 so it's now 31 years ago) they might not fully understand. I think stating the actual date would make it more understandable.
rockomcknight Especially if I was the hero, I'd have to salute the American flag every 5 seconds and go "Let's impose democracy by shooting stuff, FREEDOMMMMMMM!!!!!"
Sega Sonic Team vs. Scott Cawthon. Sega tried to take a lawsuit against Five Nights at Freddie's because when originally coming up with a concept for Sonic, one of the designs for the mascot was named "Freddy Fastbear" and Sega claimed "Freddy Fazbear" was such a similar name, that it had to have been stolen. The whole thing was dropped as Scott claimed the name Freddy Fastbear was so stupid that no one would even want to steal it, to which the judge and jury agreed.
I can also be your lawyer in court, with reasonable prices. I also happen to have a wonderful Law Degree ........ ...From the Phoenix Wright Series..... :)
Phoenix went to law school, that's why he's in the courthouse's library in the flashback bit of the third game. He's doing law homework when he meets Dahlia. He's double majoring in art and law and the events of the flashback bit push him over to law. (I have no idea what kind of school offers both programs, but it's Phoenix Wright so...)
after getting reminded about all of these, it seems that you can make a game about zombies in space, and then have someone sue you for using "space" or "basing it off a celebritys story" or some shit.
It's public domain because the myths are centuries old. Same with vampires. We didn't have copyright law in medieval times, or at least not for stories just for inventions.
Martin ... It's realistic. It's a very stable and widely traded currency. Do you assume that EVERYTHING that isn't completely anti-american is nationalism?
Theinsanegamer10 Lol I would've hunted down the best Quake 3 player out there and paid their ass to play a PvP match against Notch instead of going to court.
Further in the Donkey Kong case: Nintendo was so pleased that they gave their lawyer in the case a yatch named "Donkey Kong" and allegedly used his name for a new character they were creating. The lawyer's name? Jack Kirby.
+StarlitEyesDogma Or, y'know, they just didn't know what was a thing and assumed that if a country has its own set currency another can't be used there?
Hello, I represent Universal Studios and we're gonna sue the crap out of you and your mum for using the words: "Clever" and "Girl" in that specific order. Goodbye
I'm going to join with my Church bro's and sue Christian for infringing on the world Christian as it infringes on my churches monopoly on the word Christian. Then I'm going to sue the catholic church and force them to change to maryism and other protestant denomonations to go to Messiahism. Then I'm going to sue them over the uses of the names Mary and the term Messiah.
Fun fact, the lawyer who helped Nintendo win the case against Universal was named Jhon Kirby. They named the character after him as a form of gratitude.
Mind you it's not a "all new assets and new engine" remake as much as being ported to HD twice. However there are mods for GTA IV that bring GTA 3, Vice City and San Andreas into the RAGE engine. If you have IV on PC, I suggest looking those up.
***** well all I would ask from a sand andreas would be that I could see the characters faces clearer and they wouldn't have lego blocks for hands. so I might buy a copy of GTA IV and go bowling.
What about Capcom suing Data East over "Fighters' History," a 2D fighting game in the 1990s, which Capcom claimed stole ideas, concepts, movelists and character designs from their "Street Fighter 2" franchise? That was an older case, but still well-known, even before internet use was mainstream and popular.
You know who was the lawyer who defended Nintendo in the Kong case? Jack KIRBY. Yep, they named a multi-million dollar series was named after a lawyer. ... Or after the Kirby Vacuum company. Or both, even the developers admit they don't actually remember how they chose the name.
+logan greenup yes they have their own currency, but most places, particularly high tourist areas, also accept US dollars, because the value of the currency is very similar. Now one place I haven't been but I can almost guarantee doesn't accept US dollars is Quebec.
Bethesda owns Scrolls it seems... They did sue and win against Notch for his game simply called Scrolls. If I recall, Notch has to pay royalties now for every copy of Scrolls sold and can not name a sequel Scrolls. So be careful... owning a word can happen. Now, I am not 100% sure if this was over turned or if there were facts left out in the article I read so long ago.
Considering Microsoft now owns all of Mojang's games and IP... not sure Notch has anything to do with the whole Scrolls thing anymore since he... you know... sold his company to Microsoft.
Actually Notch won. The case was close so he challenged the owner of Bethesda to a game of quake to decide the winner. long story short they accepted and Mojang is free to use the word scrolls.
Interesting fact is that after Nintendo won the law suit they thanked the lawyer by naming their new video game protagonist after him and that's where Kirbys name comes from
Galoob v. Nintendo was a case that determined the Game Genie did not infringe on copyrights. Basically the court held that a device that modified the way a game played was similar to skipping chapters of a book or rewinding a VCR and that users could modify copyrighted works for personal use.
It's true, you can, so long as it's not pure American money you're paying with. A nickel or dime or so from America'll work, or at least anything beyond that won't where I am.
Time to sue outsidexbox for making a list! I made a list years ago and then you guys started doing it! The video was nice though, keep up the work and such.
Sorry but Noriega have all the reasons to sue COD on that one, you can't just use someone's image without asking for permission, doesn't matter if he is in prison or not.
AoBzealot0812 It is not, you can use a public figure image but you cannot make profit of it and you can not lie about his deeds... And COD is doing both
They forgot Bethesda vs. Mojang. Mojang made a game called Scrolls, Bethesda claimed that because they made the Elder Scrolls series, they were copying, even though the games are NOTHING alike.
+RoseKindred Fallout is fair, its the exact name of their franchise, and the Scrolls thing was more preventative than malicious, if Mojang Copyrighted "Scrolls", then they could go after Elder SCROLLS, now we all know Mojang wouldn't do that, but its easier safe then sorry, nothing bad came of it(Bethesda walked away with nothing but legal assurance that Mojang wouldn't head their heads down , Mojang agreed to not use Scrolls in another game name, and both kept their respective copyrights)
Cloudmonkey My argument against claiming "Fallout" is a protected word for video games is because it is a common word and / or phrase. Same as "Saga" or "Scroll(s)". To say they own a right over a word that has been used, in fallout's case, in the English language for 60+ years is wrong. Now if it was a word that was created for the product or franchise I would agree it is okay to trademark it. An example of this would be Xerox or Kleenex. Even Superhero is claimed by two different companies because it is a made up word describing there combined intellectual property (Although this is still being contested). It may seem like a pointless endeavor but we must fight against companies that do this. The company who made Fortress Fallout should never have changed there name. This is similar to when Games Workshop tried to take ownership of the word and phrase "Space Marine" and went after authors using the term. Exact same situation but Games Workshop eventually had to back off their lawsuits because of the public outcry of stealing a word used in science fiction for 80+ years.
RoseKindred Games Workshop the Warhammer guy? And anyway, the Fortress Fallout thing was more then justified, those are the EXACT scenarios that Copyright is for, stopping people from creating suspiciously similar names and leeching off of the real deal, from the name alone I can imagine droves of idiots thinking its a real Fallout thing.... and then being pissed when its not, THOSE are the kinds of things Copyright is for, and besides, if Bethesda didn't jump on it, it could be used against them as evidence that they "Weren't protecting their Copyright" which can be grounds for losing it.
Cloudmonkey Yes, Warhammer. Or in this case it was Warhammer 40k. They were trying to enforce the trademark on public domain words such as Space Marine. The most known example of this is Spots the Space Marine. Even though GW lost it's claim they still say to own the word. More people need to fight. While we may think they are the same this has little to do with copyright and more for trademark. The terms may be thrown about interchangeably but Bethesda cannot copyright the terms above but they can defend them under trademark laws. My point is that FALLOUT is a public domain word. As such it should not be a protected word.
You forgot a very important one that pretty much shaped video games as we know them today: Atari vs. Activision. Let me give you the rundown. Back when consoles were first made (the Magnavox Odyssey), they had absolutely no software. All games were present in the console itself in the form of printed circuits; cartridges merely contained jumpers which dictated the game that was to be played. This changed in the second generation. Consoles like the Atari 2600 had their games in the cartridges themselves. Which is all fine and dandy for Atari, but what they didn't realize is that this opened up an opportunity for third party developers to make games for their consoles... without having to ask permission. Coupled with Atari treating it's developers like shit (no credits, no royalties) and eventually former Atari employees got together and formed Activision, after which they proceeded to make a couple games for the Atari 2600 and sell them. Naturally, Atari sued... And lost, because the judge decided that there was no law stating Activision couldn't do that. This is important, because A. the immediate result of the lawsuit's outcome was a flood of crappy games by inexperienced developers hoping to make a quick buck, which is one of the main reasons for the North American console crash of 1983 (which has it's own list of long-lasting consequences), and B. if Atari had realized this was going to happen sooner and lobbied for a law before anyone truly realized just how popular video games would become, then third party games most likely wouldn't exist today.
Kapteindood i am glad that lawsuit turned out how it did. third party games tend to be some of my favorites on every non Nintendo console (because Nintendo lives on first party franchises).
if i make a game and the main character has the same beard, hairstyle and shirt as andy and works for a company called aroundycube, bt whos name is john, can he thn sue me?
Yes but that is when (unless you actually did it purposely not unintentionally) you say something like "these characters are fictional and anything that makes them close to real life people are coincidental" or something like that. That is what law and order uses at the end.
Same. And in most videos that Too Human gets bashed there are quite a few people defending it (i enjoyed that i could re-play it with me saved stats). It was not the BEST game, but it reminded me of the old arcade button smashers. I still have my old Xbox data cartridge with the game saved on it since i was promised i could port over my old files into Too Human 2. (and yes, i got a little teary eyed every time one of my soldiers got accepted into Valhalla).
+Andrew exactly! I really enjoyed it! I think some people couldn't get use to the controls. I loved the mechanics for the game and the loot/armor/weapon system. especially when you get a Epic piece of Armor and hear that God like sound
I'm a filmmaker and as such have some knowledge of copyright law. For a successful lawsuit there needs to be 32 demonstrable points of similarity between the two products. In the case of Dawn of the Dead vs Dead Rising, I can see how someone who didn't know that would think that they had a good case, but actually they totally didn't. Aside from the mall and the zombies, there ain't that much the two have in common.
I completely agree with all of these being silly except the latter, tho a douchebag extraordinaire, Noriega would have to actually give them permission to use his likeness and give them the all clear as to how they portray him. It's the law.. :P
Jan-Erik Strøm fun fact its actually not illegal to portray someone in fiction without their permission. this is the sole reason Saturday night live and south park are still allowed to air. you could argue video games are different except the law only discriminates between fiction as a whole and video games in some very specific cases and the portrayal of real people is not one of them. the fact that you can make a movie about someone without their permission guarantees you can do the same in video games.
+stalectos Both shows have been sued multiple times. They simply were careful enough to have plausible deniability. In the case of call of duty though he wouldn't even need to sue for using his likeness, he could sue for libel instead.
martinshoosterman they were both sued but how often did it actually work? also libel implies the statements are false and you told me in another comment on this very video that they were true so there is that.
stalectos The problem isnt so much that they claimed he was a murder, it is how they portrayed him. He was portrayed not just as a murder, but as a complete monster. Such is not necessarily true.
martinshoosterman his claim was that they portrayed him as a kidnapper murderer and enemy of the state. you have stated he was a murderer the fact that the us had to invade panama to get him out of power implies he was an enemy to not only the us but to panama as well (the people of panama even had a derogatory nickname for him old pineapple face) so the only one that hasn't been confirmed is kidnapper. now correct me if I'm wrong but if the most damaging 2 statements of 3 that you are trying to sue for are verifiably true doesn't that pretty much invalidate a libel lawsuit?
You have to wonder how many lawyers went blind from eye rolling too hard at these cases It's like "oh you don't like being depicted as a murderer? how about you put down that bloody knife and then we'll talk about your image?"
The last one seems reasonable... I mean, if a person is still alive, whether they are in prison or not, I don't really see how it can be cool to use them in a videogame. And it sounds a hell of a lot like that Call of Duty game is a piece of propaganda. But, if Noriega loses the lawsuit because he's a 'public figure' and they say it is OK to use public figures in videogames... well then, I might just have to grab a copy of the Unreal 4 engine and put the public images of various dickish videogame company CEOs to good use...
+Dustin Rodriguez It would be one thing if he was arguing they shouldn't have used his image, but in this case he's just angry they didn't portray him in a flattering way. To be clear they portrayed him as a horrible human being and a murderer when in reality he's a horrible human being and a murderer who has a legal team.
+Dustin Rodriguez FYI, the judge threw out Noriega's lawsuit for various reasons, including that they've used Noriega's image loosely, using well-known and pubicly available facts and because "Black Ops 2 is a transformative work". imho, putting an alive person as an antagonist in a videogame might be a dick move but let's face it: you can see that Noriega has been a major asshole by just doing a quick Google search, so he pretty much deserves it. It's a bit like what they did with Kim Jong Un in The Interview - not only he's depicted as a ruthless dictator that manipulates people but he's also shown dying in that movie. Still, I don't feel bad for him because he's a real piece of shit IRL.
RattletraPM So I wonder if that legal decision could be used as precedent if someone created a game where the antagonist was Bobby Kotick or other publishing company CEOs who have pulled dick moves over the years? Hmmm...
+Dustin Rodriguez Problem is, Noriega was convicted for drug trafficking, money laundering, racketing, murder and human rights violations in the United States, France and Panama. So, not only this means that he was a dick, but it's undeniable proof that he was a criminal and he did all of those things, plus as he is still serving his sentence for the crimes he as committed. On the other hand, Bobby Kotick might be a dick and all, but he didn't murder anyone nor violate any human rights. Also, he didn't really do anything illegal, and he could prove his innocence in court by saying that many things he said were taken out of context and used against him (I'm not trying to say he isn't a dick tho, I'm just thinking what he would do. But still, it is true that at least some of those things had a -slightly- different meaning in their original context.)
If I recall correctly, the Too Human case backfired when it turned out they didn't even have the rights to USE the Unreal engine in the first place and had to pay Unreal for that.
Something you forgot to mention about the Donkey Kong/King Kong debacle is that Nintendo won that one hard because Universal had actually gone to pains to prove in a previous lawsuit that they themselves _didn't_ own any rights to King Kong - in fact, they'd proved King Kong was in the public domain.
Harmonix got sued by The Romantics for Guitar Hero: Rocks the 80s for their cover version of "What I Like About You" sounding too much like the real thing. What's weird is that song did make into RB4 this year, despite coming from the same devs and now being a master recording.
You see our ridiculously over the top zombie movie isn't a cash grab. It's a satire on the dangers of comsumeri- Wait a minute, that's mine! I hold the trademark on all malls!
The City of Heroes vs Marvel thing was hilarious when you realize the majority of the characters Marvel complained about were made by Marvel employees. However, Cryptic Studios 'winning' doesn't mean you can make copyrighted characters in MMOs. Part of the deal was that Cryptic would punish players who made copyrighted characters. This practice has carried over to DC Universe Online and Champions Online.
One of the most pivotal lawsuits in gaming history was Capcom v Data East, which was over Fighter's History being too similar to Street Fighter. Data East's victory in that suit established precedent that similarity is not infringement, meaning concepts are free to draw from one another without stepping on any toes unless it's done explicitly through asset copying or transcending parody. I usually use Rock Band's reuse of Guitar Hero's button coloration (G-R-Y-B-O) as a citation of this in action. Without such a precedent in place, Activision could sue Harmonix for reusing that specific sequence of colors from Guitar Hero.
When Marvel gave up on trying to turn all rabid on its fans, with City of Heroes, I celebrated by making a Wolverine tribute hero, named "Amnesiac Badger". Great show, you guys!
The best/worst thing about Donkey Kong vs King Kong? Years prior, Universal was allowed to use the King Kong name because they successfully argued that King Kong was public domain! After King Kong was deemed public domain, Universal threatened to sue anyone who dared publish console games with "Kong" in the title without paying them royalties. It wasn't until Nintendo refused to cave in that the courts ruled that public domain means public domain. You can't own what nobody can own.
Guess why many movies about public domain based stories were released in the recent years?
Dracula, Frankenstein, Pan, etc.
In theory, copyright must be renewed by the original author in the 50 years followed its initial registry, otherwise it's automatically switched over public domain. If an inheritance can only allows a renewal with an actual remake in its original medium and still cost every year to maintains. So, for example, a theater play IP can't be renewed with a movie... as we all know, theaters plays aren't "gold mines" anymore. This explain why many theater's based play, even if their right were inherited, went toward public domains.
This is also why many movies studios do remakes of their previous titles with better technology. Those actually renew the "timer" for those IP for another 50 years.
I'm guessing the biggest reason for those remakes is that the vast majority of audience goers have at least heard of Peter Pan, Dracula, Frankenstein, etc. You can make a new IP or you can use a famous Public Domain one and cut down on the time-consuming task of writing the script.
And thats why kirby was born for that great nintendo lawyer exposing universal studio for his bs
@@usvplaylist8758 Well it WAS a better name than Popopo
The fact that people try to copyright common words really pisses me off. I'm going to go copyright the works "copyright" and "lawsuit" that way whenever some tries go to court over these things they have to pay me first.
Chozo Hunter You should sue everybody who hunts animals, as your name has Hunter in it.
The Boulder Maybe we fans should trademark the names 'copyright' and 'trademark' in retaliation so that no one can use them any more.
Copyright© Lawsuit© wait crap!
Chozo Hunter Well looks like it's time for me to sue everyone who has used the word "Troll".
I win because I can sue everyone who has died ever. XD
There was a lady who sued bioware because she caught her 10 or so year old watching the sex scene in mass effect. Sure let's buy a game that warns about partial nudity then sue. Not only will you look like a bad parent for buying a rated m game for a little kid, But also an idiot for not reading the label before buying it...
Are you expecting parents to take responsibility over their children and have some control over their access to media material instead of purging any remotely offensive content in every media?
How dare you!?
... Yes?
I mean, that's what my parents effectively did by only allowing me to go high as E10+ with a few permitted Teen games, even though I'm old enough for the M rating now...
This is a big problem in general. When studies are done on whether or not games cause violence it’s done under the notion that a 10 year old isn’t playing something like gta.
Here is a completely insane one. Jack Thompson made "A Modest Video Game Proposal," he would donate $10,000 to the charity of a game developers choice if someone created a game that admitted to being a murder simulator and had the player kill major people in the games industry that create violent video games. Multiple mods and several games were either made, had existed, or were in the process of being made when Jack backed out and claimed his Proposal was "satire".
The creators of Penny Arcade stepped in and donated the money (which went to the Entertainment Software Association foundation) in Jack's name. Jack then proceeded to A. phone the police and FBI seeking criminal charges and B. sued both Penny Arcade and Take Two interactive over creating a massive conspiracy against Jack. The case was laughed out of court.
im deaddd xDD
notbobby125 Ha ha, remember when people knew how to treat prevaricating campaigners who tried to stifle video games by crying wolf. Good thing there's no one like that around today who is doing pretty much the same thing but from a different political angle. No sir-ee, everything is A-okay. Certainly not the situation that people can get away with the same dog-whistle politics from the left of the political spectrum... right?
This is perhaps the greatest culmination of video game issues in the media ever.
Copyright, purposely violent games, conspiracies and poetic justice.
Today was a very good day.
notbobby125 wait... wasn't "postal 2" a game that admitted to being a murder simulator? i remember something on the box telling the player that the game was only as violent as the player. (except for those parts where the player is forced to fight his way out of stuff. trust me i tried to complete the game without any violence at all, and i failed. but it had nothing to do with me being a closet murderous baby-eating fuckhead)
Treblaine this triggers me. my gender/womyns studies degree is just as valid as the engineers at nasa working on the super phallic rockets that are obviously made by cis white males of the patriarchy, and all video games are nothing more than super sexist bullshit portraying womyn as sex objects and slaves.
(anita sarkeesian needs to be banned from the internet forever. please see exibit A: gamergate(yesiknowiamlategettingonthebutthurtbandwaggon)
it's funny because there really was a character in GTA V based on Lindsay Lohan, it was Trevor Phillips
This comment deserves an award
@ManiacX1999 First off, weird reply to a joke, there.
Second, Lindsay Lohan could be argued to be a brand, and brands are intellectual property.
wow very nice brain use there son
ur copy past skills is over the top u should join nbC / gtfo
I have 10 fingers. Ryu from street fighter has 10 fingers. I'm suing,
I honestly can't tell if you're being a troll or if you're actually making a very good point...
Marco136341 I think he might have been making a joke.
Damn it carlos.
Coincidence? I think NOT!
And I'm suing you, because I too, have 10 fingers
Here's my personal favorite. PETA trying to sue Mario over the tanooki suit because "it encourages people to wear animal fur." And ended with it ruling in favor for Nintendo because the tanooki isn't a real animal and because you get the suit from a feather.
The feather gives you a cape, you get the tanooki suit from a leaf.
Aside from that, i didn't know PETA pursued actual legal action, i thought
that all they did was try to make it look like Nintendo supported animal
cruelty. (Emphasis on try.)
PETA tried to sue WarHammer 40k because some plastic models are character with fur coat. Seriously, there is so much shit wrong in the WH40K universe, imagine nazis doing a holly inquisition across several worlds, that is basically mankind, the other species are not much nicier too. You need to be next level psychopath to use wh40k as a moral guide. One of the coolest thing about WH40K is how the universe is over the top edgy
@@Noperare Also, the fur is from "wolves" from Fenris. Fenris does not have wolves, as Fenris is a death world. Instead, people were spliced with wolf genes to allow them to survive the harsh planet. It went wrong and some people turned to look full wolf. The pelt is humam pelt.
i suspect that fact that encouraging people to wear animal fur is entirely legal didn't help peta's case, either.
And they attempted to sue Pokémon because they said it was "promoting animal abuse" they can fucking suck a bladed stick! Because I'm not putting up with cucks who said shit that ain't nice! And I'm not having anyone tell me mimikyu promotes abuse because mimikyu=cinnamon roll ghost fairy Pokémon
what made nintendo vs universal even more funny is that nintendo's lawyers pointed out that universal's lawyers had claimed that king kong was in the public domain in a previous lawsuit. Universal were trying to sue over something they themselves said they didn't own. I imagine everyone at nintendo was laughing at them the whole time.
+DP Trumann It gets better. The reason why Universal wanted King Kong in the public domain originally? Because back in the 70's RKO Pictures was trying to claim THEY still held the rights, and Universal wanted to do a remake.
Amazing how they conveniently forgot about that ten or fifteen years later when it suited them.
@@tanall5959 gotta love company turnover, they’re like inorganic machines. The only driving force is profit lol, they don’t pay anyone to remember 10 years ago
The lawsuit where Universal sued Nintendo actually got everyone's favourite pink puffball, Kirby, his name. Kirby was the last name of the lawyer who defended them in the case and to celebrate hi, and because Miyamoto thought the sound of the name contrasted with names for various cute things in Japan.
Thx for interesting fact
If the lawsuit never existed, Kirby wouldn't exist.
also he so cute
+dragster1018aone Kirby would probably still exist, it would just be named something else.
+TheVanguardKing thats the point "kirby" as we know him would not exist, how ever the pink fluffy marshmallow man woudl probly be called something like gina or something random and "kirby" would be some random dragon on sony..lol
+TheVanguardKing he would have been called Mitchell rubenstein
Some more fun facts about Tim Langdell:
- It wasn't just the Edge Games copyright with Mirror's Edge. He also claimed it infringed on his own game that just so happened to be conveniently announced around the time of the lawsuit: Mirrors. It even had a logo that read Mirrors (a game by) Edge.
- When people started catching on that Langdell hadn't released an actual game in over 20 years, he quickly shat out a game creatively called Racers. A game that came in a blank jewel case, on a blank CD with the title written in Sharpie, and according to all the Amazon reviews I've seen won't even start.
- Langdell has also claimed that he was responsible for the creation of Edge Magazine even though he had nothing to do with then, and after he lost the copyright to the word Edge he claimed that Edge Magazine was the real mastermind all along and was forcing him to do all his copyright trolling. And this wasn't the first time he tried to shift the blame for his copyright shenanigans onto somebody else, either.
- Langdell is the reason the first game in the Soul Calibur series was renamed from Soul Edge to Soul Blade in western releases.
+SuperLlama42 Really? That Soul Edge / Blade switch urked me some when I played them.
+SuperLlama42 Wait really, I could have sworen my old copy was named Soul Edge, eh, whatever, old memories and all
..... I'm still calling it Soul Edge.
Y'know, it's funny, he mentioned the edge by U2, just as I heard it today. what a coincidence
Sounds like the man has a mental illness.
The GTA "Hot Coffee" lawsuits. Oh noes! A game rated for mature only had mature content in it?! And it was even inaccessible by default? Oh noes! The fact that these parents bought their kids games that were not meant for them, then had the gall to actually sue because of content? Feh...
Killing spree and drugs are fine, but two adult having consensual sex? OH NO! THINK OF THE CHILDREN!
I highly doubt their Christian boy would be going through the game files and turning on one that said hot coffe in between learning his bible verses
The user name perfectly describes the lawsuit "Frayed Logic"
I think it had more to do with it not being mentioned in the rating. Still, the fact that it was inaccessible makes the whole thing still bonkers.
Mature? You call the "hot cofee" shite mature? Clearly it was aimed at teenagers and that's why they originally cut it out.
Bethesda vs Mojang over Mojang's upcoming "Scrolls". Bethesda's parent compant tried to sue Mojang, claiming the name "Scrolls" is too similar to "The Elder Scrolls". Mojang challenged Bethesda to a game of Quake III to settle it out of court. Mojang won the game and so Scrolls got to stay unchanged.
I'd fuck them up in Quake.
MikeYoshi Productions I'm pretty sure they didn't ACTUALLY settle it with a game of quake. Bethsoft just backed off out of a rare spark of common sense.
Then they took on the more managable CaptainSparklez.
MikeYoshi Productions *_THAT'S_* how things should be settled.
Going to war with Italy? (Example) Challenge them to a race!
Problems with Hungary? Eating Contest! (Sorry. Bad pun.)
Tsuda Otatsuke the only problem is you know if any of the major world powers ever lost they would get salty and declare war anyway. remember you can do whatever you want if you have more guns and bodies than everyone else.
Tsuda Otatsuke the only problem is you know if any of the major world powers ever lost they would get salty and declare war anyway. remember you can do whatever you want if you have more guns and bodies than everyone else.
I hate King so much. they're scoundrels. Not only did they rip off Candy Crush Saga, they sued the people they ripped off for infringement.
***** Yep. *Not a single game they've made was original*! They're all rehashed old "classic" flash games from YEARS before they were in the business of making games.
somebody should sue king for making the same game over and over again by changing the fricken graphics
+Vercalos al'Corlin I was expecting Bejeweled to sue long ago, but it never happenned.
+Brian Martinez Bejeweled was also a clone of an older game. And it would be a _very bad thing_ if companies started suing each other over cloned game mechanics. All it would take is one crazy judge/jury and suddenly you can't make a game with match-3 mechanics, or horde mode, or a top-down camera...
Matt Le Tissier
That's one of the reasons I hate King so much, they ripped off Candy Swipe, then turned around and tried to sue them for using the idea.
I wonder if activision sued themselves for copying their game (Call of Duty) every year XD.
Ohhhhhh! Call 911 because this is burning!
Shots fired
Noah Hollaway That's some serious burnage. You need to go to the burn center for that burn
Watch out guys, WE GOT A GENIUS OVER HERE!!
I am astonished at all the 9 year olds calling a cliché joke that nobody cares about a major burn thinking they are cool XD
Lindsey Lohan tried suing GTA cause Trevor looks like her.
WERE GONNA NEED A MEDIC FOR THAT BURN
LOL
Ooooh Shots fired:D
Oh damn son... I mean DAMN that's cold!
You are my favorite person ever
Love how Shagg tried to sue Rockstar *6 years after San Andreas was released*
sticks and stones may brake my bones but then I get to sue you
That's awesome XD
*break
Weston Hull yee english is so hard
Weston Hull Ok I have autism because I cant spell a foreign language why do I even bother responding...
You can sure spell now huh
Have you heard this one OX?
The Sega people who created Sonic the Hedgehog tried to sue now famous video game creator Scott Cawthon for "stealing" a name.
Scott, the creator of Five Nights at Freddy's, named one of the lead characters Freddy Fazbear, which was apparently a scrapped name for Sonic in his early beta versions. The case was taken to court, but the judge ruled in favor of Scott for poor evidence; Sega learned the hard way that you cannot sue someone for stealing a name idea that you not only scrapped, but also kept secret from Scott and everybody else in the world. Freddy Fazbear was a huge coincidence on Scott's account, as he went through multiple names before settling with Freddy.
What makes it worse is that the name wasn't even Freddy Fazbear. It was Freddy Fastbear.
You're referencing Wacky Facts arn't you guys? Disappointment. There is a reason it is called "WACKY" facts. Skurbz.
NobleEzioTheGrandChairMasterwiththemChairsyoucykasggwpnore Never heard of wacky facts. But still, Sega tried to sue because of similarities to a scrapped character they made. Sega lost the battle because well, they had no rights to the name, it was only close to the name and Sega got rid of it. So it would be like me making a new ice-cream flavour and getting rid of it because I hated it and never mention it to anyone and then try to sue someone for making a similar flavour.
crazyguywithasword What site you heard this on, tell me.
NobleEzioTheGrandChairMasterwiththemChairsyoucykasggwpnore RUclips. A couple videos I saw a while back. I think it was game theory video.
What about the guy who tried to sue ubisoft due to gentic memory appearing in AC which he wrote in a book but didnt create as the concept has been around foe years
What? Seriously? Man, Americans love suing people, don't they?
Tamaki742 Yeah, we're really fucking retarded.
Car Of Doom Presenting the Honorable Sue Yu
AoBzealot0812 I love that guy! :D
Please maintain 5 feet distance at all times, sir. Thank you for your consideration.
I remember back in 2005, when I played City of Heroes, me and some friends had an X-Men team - Wolverine, Jean Grey, Colossus, Beast and Storm. But one day all the characters names was suddenly changes to "GenericHero102" and so on, by a GM, simply because we weren't allowed to make replicas of known Marvel heroes with the same names and powers.
So I guess the lawsuit HAD an impact and we, the fans, weren't the winners...
The user agreement forbade the creation of potentially infringing characters and clearly stated that the character would be randomized (or "generalized") at the start of the game's life...in 2004. Not only were the GMs quick on the trigger to stop potential issues, the fans (who also were worried about lawsuits destroying the game) were on the ball to point out any troublesome characters. Hell, I got a contact from a GM for one of my characters, simply because the team that character was on shared the name with a DC team that was hardly recalled at that time.
Basically, you ignored the agreement and used the vast power of the character creator (at the outset, it was incredible...and it only got larger as updates rolled out) to...create copyright infringing characters. What you also seemed to miss was that, by "generalizing" your characters, NCSoft was actually helping *you* in the case of a lawsuit...the agreement also would force violating players to reimburse NCSoft in case of a lawsuit (say Marvel sued and used your team as an exhibit...you and your friends would've had to pay NCSoft).
Sueing someone for using a word in the English Dictionary is very ignorant
+Azka '02 McGamerson sorry I'm sueing you for using the word English as i am English and live in England. Nothing much just lots of money
This has been explained by those who knows how the law works. They don't actually expect to win but they have to do the lawsuit for legal reasons. As the law is, if they don't and someone later actually does use the word in a way that mimics their product (let say someone makes a Candy Crush Saga rip-off with the word "saga" in it), the court will take up how the company have reacted to others using the word "saga" and there's a risk that they will throw it out.
In other words, if you let someone get away with using a word associated to your product without legal action you basically give everybody the OK to use that word how ever they want.
How about when Resident Evil 5 got sued on the grounds of racism?
They claimed the game was racist, because the majority of the enemies in the game were black....even though the setting of the game takes place in Africa.
I forgot that when we go to Africa, the majority of people there are Chinese. Well, besides the point, that's the main reason why a lot of the enemies in Resident Evil 5 have gray skin color, or blue skin color. Because of this lawsuit
***** But Spaniards are WHITE you can't be racist to WHITE people! *voice dripping with sarcasm*
Evnyofdeath I´m a spaniard and i find RE4 offensive. Well, not really. Now excuse me i hear the church bell calling.
TranzdemikSingr Actually it was because the black characters had worse AI than the white ones.
Also at least RE4 had accurate languages. RE5 is just oogaderpabooga!
Xbox One Does it EXCLUSIVELY kill them?
Alex Leonardi Well, not exactly "accurate," the game took place in Europe but had all the villages speaking a Mexican dialect. That would be like setting a game in London but having all the characters talk like they're from Texas. Still better than just having African characters speak gibberish, though.
Great video, OX.
You'll be hearing from my Lawyers very soon.
I can't let you do that, Dave...
TheAetherpunk
From the makers of a Space Odysee, I'm suing you for using that phrase.
Alucard Hellsing From the lawyers of Space Odyssey, We're suing you for saying Space Odyssey.
banjomoya from the Lawyers of lawyers of insanity, you're gunna get sued for saying Lawyers and alucard, Have a nice time having that bankrupt!
From Sheogorath, you're all being sued for using inane nonsense without permission. Good day, and try not to offend the talking spoons. They are very sensitive.
thank you Marvel vs Hero City. now I can hold my head up high while playing Deadpool in DC Universe Online
There's a full Deathstroke set, so getting Deadpool shouldn't be hard to pull off
Deadpool was a Deathstroke parody in the beginning, so that one goes a little deeper.
And now the recent "Sky" business with No Man's Sky.
I think it's a shame that sky didn't win.
what happened? I didn't hear about this
Arnskar A company with the rights to the word "Sky" went after the devs of NMS. It got settled out of court, I believe.
Oh thank god. What would you call NMS? No Man's Space?
No Man's Not-ground
I honestly love that they used my Spiderman tutorial video(City of heroes) in this... though... it woulda been nice to ya know... know about it first XD
Though it's pretty cool to be in it.
you should sue XD
+Nelpski Lawyers love this man!
You should sue them for real. They think that just because they have a big channel they can slip someone content ?
+OrionnEntity what would the OP be suing for? The OP doesn't own the rights to either the character or the game.
Yooneek696969 True, BUT as the law works, I do own rights to anything I did create I.E. the tutorial on it. Anything used without permission and not used for things under fair use(Basically reviewing or parody OR using something without making a profit-that bit can be worked around though-) can be sued over. BUT as I said, I'd never sue, I just would like to have known that someone was using my video, especially when they are making money off of it and I'm not.
That Dawn of the dead took place in a mall does not mean that nobody else can do zombie stuff that takes place in a mall.
If they could, it would mean nobody could ever make a film about a shark attacking people in the ocean because the copyright holders of Jaws could sue them. Thankfully, ideas in and of themselves are not copyrightable. Only how those ideas are expressed.
Wynneception Yea im very happy about that.
It often annoys me that everytime something is similar to something else people must call it a rip-off.
CyberLance26
depends on how similar the similarities are!
rockomcknight Yea but i meant stuff like that Dead Rising also takes place in a mall for example.
I see people call stuff a rip-off for those kind of similiarities all the time.
CyberLance26 you mean like youtubers?
"Thirty years ago this year"
That's an interesting word choice.
+Burst Flare Not really... If it were last year then it'd be "29 years ago this year" It's not interesting, it's just a linear understand of how time works.
I'm not saying he's wrong, it's just that since some people don't look at the descriptions or dates of videos (like how you didn't see that this video was uploaded in 2014 and it's now 2015 so it's now 31 years ago) they might not fully understand. I think stating the actual date would make it more understandable.
To be fair, I'd be pretty pissed off if I was in a COD game as well.
Even if you were the hero?
rockomcknight
Especially if I was the hero, I'd have to salute the American flag every 5 seconds and go "Let's impose democracy by shooting stuff, FREEDOMMMMMMM!!!!!"
y05077 THATS THE SPIRIT! MURICAAAAAAAAAAAAAAAA!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
You sir, just won the video game industry.
MERRRRRRRRRRRIIIIIIKKKKKUUUUUURRRRRRRRR (activating aneurism) rrrrrrrrrrrrrrrr-(head explodes)...
Microsoft should sue for the usage of "xbox" in the channel name.
If they are monetizing the channel, I'm sure they already asked permission from Microsoft.
I know that's a joke, but don't give Microsoft the idea. You want this channel to get a strike?
No only if they named it outside xbox but if they write it together (outsidexbox) its a new name
VanGilsGames Johnny Cochran come up with that for you?
Don't give the hipsters at Msoft any ideas.
Just think: in some parallel universe, Valve is suing the pants off some Kickstarter idiot for stealing their IP.
Or valve is suing Austrailia
Matt Stoyka But I am in Australia, do we have to give up our kangaroos, if so noooooo take our spiders and go valve.
***** Ironic that the amount of likes you have is 2 (as of current date)
datstalker hehehe. HL3 confirmed XD
Someone divided by 0... Gaben announced L4D3...THREEEEEEEEE!!!!!
Sega Sonic Team vs. Scott Cawthon. Sega tried to take a lawsuit against Five Nights at Freddie's because when originally coming up with a concept for Sonic, one of the designs for the mascot was named "Freddy Fastbear" and Sega claimed "Freddy Fazbear" was such a similar name, that it had to have been stolen. The whole thing was dropped as Scott claimed the name Freddy Fastbear was so stupid that no one would even want to steal it, to which the judge and jury agreed.
Didn't Universal prove that the name "Kong" was basically free to use in a different court case before they tried to sue Nintendo?
That lawsuit alone basically sky-rocketed Nintendo as a whole.
I can also be your lawyer in court, with reasonable prices. I also happen to have a wonderful Law Degree ........
...From the Phoenix Wright Series..... :)
The funny thing is, I don't think Phoenix ever actual went to law school
Milkmouse1966 rrr
Phoenix went to law school, that's why he's in the courthouse's library in the flashback bit of the third game. He's doing law homework when he meets Dahlia. He's double majoring in art and law and the events of the flashback bit push him over to law. (I have no idea what kind of school offers both programs, but it's Phoenix Wright so...)
@@captLizzie hey I've never played the series but even I know you should have started your reply with....
OBJECTION!!!!
after getting reminded about all of these, it seems that you can make a game about zombies in space, and then have someone sue you for using "space" or "basing it off a celebritys story" or some shit.
na, just having zombie in the title might get you sue (it actually might, I am not sure if it public domain, or own by someone nice)
Daniel Syck it seems like it's public domain, considering there's a million god damn zombie games.
punch3870 true, but how many have zombie in the title. I honestly can't think of any.
It's public domain because the myths are centuries old. Same with vampires. We didn't have copyright law in medieval times, or at least not for stories just for inventions.
Actually, up here in Canada, many places DO accept American money. Just in small amounts.
Best currency on earth. Good idea to accept it.
Martin ... It's realistic. It's a very stable and widely traded currency. Do you assume that EVERYTHING that isn't completely anti-american is nationalism?
What about Notch VS. Elder scrolls. Notch won, but that is not what is unusual. Notch wanted to settle it with a PVP match in a video game.
Theinsanegamer10 Shit, I thought you were joking about that last part. Apparently he wanted a match in Quake 3.
***** He did! Notch won though in court.
Theinsanegamer10 Lol I would've hunted down the best Quake 3 player out there and paid their ass to play a PvP match against Notch instead of going to court.
NightStar787 They did not though.
Theinsanegamer10 I know -_-
Further in the Donkey Kong case: Nintendo was so pleased that they gave their lawyer in the case a yatch named "Donkey Kong" and allegedly used his name for a new character they were creating.
The lawyer's name? Jack Kirby.
I didn't know he was a comic book artist AND a lawyer!
"you can't actually use an american dollar in canada" False, many retailers will accept them 1:1 due to their higher value, its a common thing
StarlitEyesDogma thats pretty harsh
Illuminati confirmed.
StarlitEyesDogma Umm... it's called a JOKE.
I see you completely missed it.
+StarlitEyesDogma Or, y'know, they just didn't know what was a thing and assumed that if a country has its own set currency another can't be used there?
Actually, I can't use american currency in canada
Am I the only one that thought that this video would be about lawsuits that happened in games...
"Better call Saul!"
***** "Clever girl."
ROFLCOPTER195 Only one can come.
Hello, I represent Universal Studios and we're gonna sue the crap out of you and your mum for using the words: "Clever" and "Girl" in that specific order. Goodbye
banjomoya Sueception
banjomoya You're suing me for suing another person and you are simply suing me using the same grounds that I used.
You should have included Bethesda VS Mojang, where the former claimed they had the copyrights of the word "scrolls". Lots of good humor there!
"Vs edge" I am to big of a WWE nerd to not find is stupidly funny
Edge would have been better in the lawsuit with his pal Christian I bet xD
I'm going to join with my Church bro's and sue Christian for infringing on the world Christian as it infringes on my churches monopoly on the word Christian. Then I'm going to sue the catholic church and force them to change to maryism and other protestant denomonations to go to Messiahism. Then I'm going to sue them over the uses of the names Mary and the term Messiah.
Don't forget to sue Judaism and Islam for infringing on Christianity's monopoly on monotheism!
You do realize that Judaism came a few thousand years before Christianity, right?
Wow! I knew about Too Human vs Epic, but not the fact that they only got an American dollar out of it! XD
I made a Mii that looks exactly like me; I should sue Nintendo.
Fun Fact about Donkey Kong vs King Kong: Kirby was named after Nintendo's lawyer for this case
Plot twist: lyndsy lohan sued you guys for showing footage of the parody of her
Fun fact, the lawyer who helped Nintendo win the case against Universal was named Jhon Kirby. They named the character after him as a form of gratitude.
they should really remake san andreas
not really remake, but like HD Rerelise... fix up the driving engine, fix up the graphics and rerelise it, and i would totally buy it!
*****
It's been done twice.
***** it has?!?!?! *zip* where can I find such a nice piece of art?
Mind you it's not a "all new assets and new engine" remake as much as being ported to HD twice.
However there are mods for GTA IV that bring GTA 3, Vice City and San Andreas into the RAGE engine. If you have IV on PC, I suggest looking those up.
***** well all I would ask from a sand andreas would be that I could see the characters faces clearer and they wouldn't have lego blocks for hands. so I might buy a copy of GTA IV and go bowling.
What about Capcom suing Data East over "Fighters' History," a 2D fighting game in the 1990s, which Capcom claimed stole ideas, concepts, movelists and character designs from their "Street Fighter 2" franchise? That was an older case, but still well-known, even before internet use was mainstream and popular.
I'm going to sue myself for stealing my identity.
This channel is probably my favorite of all time. I love you guys!
lol so the murdering dictator is made because he was portayed as a murdering dictator...........
It's crazy how these guys have consistently improved, they were awesome back then!
you can use US money in Canada, the hell are you on about ??
You know who was the lawyer who defended Nintendo in the Kong case? Jack KIRBY.
Yep, they named a multi-million dollar series was named after a lawyer.
... Or after the Kirby Vacuum company. Or both, even the developers admit they don't actually remember how they chose the name.
You absolutely can use an American dollar in Canada.
Wait, so is Canada's currency American dollars, or do they have a unique currency and you can also use American dollars?
+logan greenup yes they have their own currency, but most places, particularly high tourist areas, also accept US dollars, because the value of the currency is very similar. Now one place I haven't been but I can almost guarantee doesn't accept US dollars is Quebec.
Thought you were going do something along the lines that Canada is in america =P
You can also use canadian dollars in the US.
+Raze where?
I'm suing Mike for ripping off my likeness; I too wear a black watch and own a hoodie! Furious!!!
Bethesda not letting Fortress Fallout exist because of the word Fallout
I got so mad when I heard about that
I'm almost certain Ron Jeremy at some point tried suing Nintendo claiming they used his likeness for Mario.
Bethesda owns Scrolls it seems... They did sue and win against Notch for his game simply called Scrolls. If I recall, Notch has to pay royalties now for every copy of Scrolls sold and can not name a sequel Scrolls. So be careful... owning a word can happen.
Now, I am not 100% sure if this was over turned or if there were facts left out in the article I read so long ago.
Considering Microsoft now owns all of Mojang's games and IP... not sure Notch has anything to do with the whole Scrolls thing anymore since he... you know... sold his company to Microsoft.
Well expect Microsoft to stop paying royalties to them, Microsoft has bigger lawyers than Bethesda does.
Zetsumi Ravencroft Well he sold it to jeb_ who then sold it to Microsoft.
Actually Notch won. The case was close so he challenged the owner of Bethesda to a game of quake to decide the winner. long story short they accepted and Mojang is free to use the word scrolls.
It's 2022 and this is still happening with RE8 and Frankenstein's Army
No. 8 kind of makes sense to me. Even if he IS a murderer, he has the right to request not to be portrayed that way in a video game.
MegaSnake1000 So murderers are only allowed to be portrayed in games as superheroes?
Alex Leonardi What? I'm saying that if he doesn't want to be in a game, he shouldn't have to be.
MegaSnake1000 All satire is protected work.
MegaSnake1000 As a politician he is a public figure, works using his image are not protected by privacy laws.
Frank Da Tank Oh, okay then.
In court cases, you always list the plaintiff first. So it's King Kong v. Donkey Kong. :-)
Interesting fact is that after Nintendo won the law suit they thanked the lawyer by naming their new video game protagonist after him and that's where Kirbys name comes from
actouly Kirby creator said he didn't know remember where got the name from since there was something else named Kirby oh the vacuum.
Galoob v. Nintendo was a case that determined the Game Genie did not infringe on copyrights. Basically the court held that a device that modified the way a game played was similar to skipping chapters of a book or rewinding a VCR and that users could modify copyrighted works for personal use.
You can use american money in canada.
Source: I live in canada and used american money.
It's true, you can, so long as it's not pure American money you're paying with. A nickel or dime or so from America'll work, or at least anything beyond that won't where I am.
dragongirl461 tim hortons takes american bills 20 and under, atleast where i live. They even have a conversion rate on the menu screens
Time to sue outsidexbox for making a list! I made a list years ago and then you guys started doing it! The video was nice though, keep up the work and such.
Sorry but Noriega have all the reasons to sue COD on that one, you can't just use someone's image without asking for permission, doesn't matter if he is in prison or not.
Depictions of public figures (being a former national leader counts) is unprotected. Don't try to reason it out.
AoBzealot0812 It is not, you can use a public figure image but you cannot make profit of it and you can not lie about his deeds... And COD is doing both
Either way, publicity rights are not an international right, and Noriega isn't an American citizen, so his ability to sue is questionable at best.
Robert Bryson He murdered someone, CoD portrays him as a murderer. How is that lying?
Chocoboba Fett
Right, because all court rulings Allied/NATO nations make against leaders that oppose their policy are totally legit...
Okay, very serious question, not related to the content of the video, sure, but I'm wondering, what is the name of Jane Douglas' accent?
The movie has people...sue them
I guess Washington thinks all black guys look alike.
Seriously, Jim F'n Sterling Son vs Digital Homiside was the craziest lawsuit I've ever had the displeasure of witnessing.
They forgot Bethesda vs. Mojang. Mojang made a game called Scrolls, Bethesda claimed that because they made the Elder Scrolls series, they were copying, even though the games are NOTHING alike.
+Jordan Pool I think that might have been after this video came out. I love Bethesda and all but suing for "Scroll(s)" and "Fallout" is ridiculous.
+RoseKindred Fallout is fair, its the exact name of their franchise, and the Scrolls thing was more preventative than malicious, if Mojang Copyrighted "Scrolls", then they could go after Elder SCROLLS, now we all know Mojang wouldn't do that, but its easier safe then sorry, nothing bad came of it(Bethesda walked away with nothing but legal assurance that Mojang wouldn't head their heads down , Mojang agreed to not use Scrolls in another game name, and both kept their respective copyrights)
Cloudmonkey My argument against claiming "Fallout" is a protected word for video games is because it is a common word and / or phrase. Same as "Saga" or "Scroll(s)". To say they own a right over a word that has been used, in fallout's case, in the English language for 60+ years is wrong.
Now if it was a word that was created for the product or franchise I would agree it is okay to trademark it. An example of this would be Xerox or Kleenex. Even Superhero is claimed by two different companies because it is a made up word describing there combined intellectual property (Although this is still being contested).
It may seem like a pointless endeavor but we must fight against companies that do this. The company who made Fortress Fallout should never have changed there name. This is similar to when Games Workshop tried to take ownership of the word and phrase "Space Marine" and went after authors using the term. Exact same situation but Games Workshop eventually had to back off their lawsuits because of the public outcry of stealing a word used in science fiction for 80+ years.
RoseKindred Games Workshop the Warhammer guy? And anyway, the Fortress Fallout thing was more then justified, those are the EXACT scenarios that Copyright is for, stopping people from creating suspiciously similar names and leeching off of the real deal, from the name alone I can imagine droves of idiots thinking its a real Fallout thing.... and then being pissed when its not, THOSE are the kinds of things Copyright is for, and besides, if Bethesda didn't jump on it, it could be used against them as evidence that they "Weren't protecting their Copyright" which can be grounds for losing it.
Cloudmonkey Yes, Warhammer. Or in this case it was Warhammer 40k. They were trying to enforce the trademark on public domain words such as Space Marine. The most known example of this is Spots the Space Marine. Even though GW lost it's claim they still say to own the word. More people need to fight.
While we may think they are the same this has little to do with copyright and more for trademark. The terms may be thrown about interchangeably but Bethesda cannot copyright the terms above but they can defend them under trademark laws.
My point is that FALLOUT is a public domain word. As such it should not be a protected word.
OBJECTION! You will all hear from my lawyer as I too sit in chairs!
I have 10 fingers and two eyes....a lot of video game characters have the same thing...i should get to suing Il be rich as a bitch.
You forgot a very important one that pretty much shaped video games as we know them today: Atari vs. Activision.
Let me give you the rundown. Back when consoles were first made (the Magnavox Odyssey), they had absolutely no software. All games were present in the console itself in the form of printed circuits; cartridges merely contained jumpers which dictated the game that was to be played. This changed in the second generation. Consoles like the Atari 2600 had their games in the cartridges themselves. Which is all fine and dandy for Atari, but what they didn't realize is that this opened up an opportunity for third party developers to make games for their consoles... without having to ask permission.
Coupled with Atari treating it's developers like shit (no credits, no royalties) and eventually former Atari employees got together and formed Activision, after which they proceeded to make a couple games for the Atari 2600 and sell them. Naturally, Atari sued... And lost, because the judge decided that there was no law stating Activision couldn't do that.
This is important, because A. the immediate result of the lawsuit's outcome was a flood of crappy games by inexperienced developers hoping to make a quick buck, which is one of the main reasons for the North American console crash of 1983 (which has it's own list of long-lasting consequences), and B. if Atari had realized this was going to happen sooner and lobbied for a law before anyone truly realized just how popular video games would become, then third party games most likely wouldn't exist today.
Kapteindood i am glad that lawsuit turned out how it did. third party games tend to be some of my favorites on every non Nintendo console (because Nintendo lives on first party franchises).
I am glad things turned out the way they did... FREEDOM!
if i make a game and the main character has the same beard, hairstyle and shirt as andy and works for a company called aroundycube, bt whos name is john, can he thn sue me?
yes, but they are unlikely to win
Yes but that is when (unless you actually did it purposely not unintentionally) you say something like "these characters are fictional and anything that makes them close to real life people are coincidental" or something like that. That is what law and order uses at the end.
Never got the Too Human gripes. I found it quite enjoyable, and somewhat refreshingly different from most gaming fare out at that time.
I really enjoyed Too Human though
we could be friends
Same. And in most videos that Too Human gets bashed there are quite a few people defending it (i enjoyed that i could re-play it with me saved stats). It was not the BEST game, but it reminded me of the old arcade button smashers. I still have my old Xbox data cartridge with the game saved on it since i was promised i could port over my old files into Too Human 2.
(and yes, i got a little teary eyed every time one of my soldiers got accepted into Valhalla).
+Andrew exactly! I really enjoyed it! I think some people couldn't get use to the controls. I loved the mechanics for the game and the loot/armor/weapon system. especially when you get a Epic piece of Armor and hear that God like sound
To be fair, i remember not a lick of the plot. Only trying to launch a bunch of enemies into the air so i could combo hit them into small pieces.
+Andrew lol one of the best parts of the game man. combos
I'm a filmmaker and as such have some knowledge of copyright law. For a successful lawsuit there needs to be 32 demonstrable points of similarity between the two products. In the case of Dawn of the Dead vs Dead Rising, I can see how someone who didn't know that would think that they had a good case, but actually they totally didn't. Aside from the mall and the zombies, there ain't that much the two have in common.
I completely agree with all of these being silly except the latter, tho a douchebag extraordinaire, Noriega would have to actually give them permission to use his likeness and give them the all clear as to how they portray him. It's the law.. :P
Jan-Erik Strøm fun fact its actually not illegal to portray someone in fiction without their permission. this is the sole reason Saturday night live and south park are still allowed to air. you could argue video games are different except the law only discriminates between fiction as a whole and video games in some very specific cases and the portrayal of real people is not one of them. the fact that you can make a movie about someone without their permission guarantees you can do the same in video games.
+stalectos Both shows have been sued multiple times. They simply were careful enough to have plausible deniability. In the case of call of duty though he wouldn't even need to sue for using his likeness, he could sue for libel instead.
martinshoosterman
they were both sued but how often did it actually work? also libel implies the statements are false and you told me in another comment on this very video that they were true so there is that.
stalectos The problem isnt so much that they claimed he was a murder, it is how they portrayed him. He was portrayed not just as a murder, but as a complete monster. Such is not necessarily true.
martinshoosterman
his claim was that they portrayed him as a kidnapper murderer and enemy of the state. you have stated he was a murderer the fact that the us had to invade panama to get him out of power implies he was an enemy to not only the us but to panama as well (the people of panama even had a derogatory nickname for him old pineapple face) so the only one that hasn't been confirmed is kidnapper. now correct me if I'm wrong but if the most damaging 2 statements of 3 that you are trying to sue for are verifiably true doesn't that pretty much invalidate a libel lawsuit?
You have to wonder how many lawyers went blind from eye rolling too hard at these cases
It's like "oh you don't like being depicted as a murderer? how about you put down that bloody knife and then we'll talk about your image?"
The last one seems reasonable... I mean, if a person is still alive, whether they are in prison or not, I don't really see how it can be cool to use them in a videogame. And it sounds a hell of a lot like that Call of Duty game is a piece of propaganda.
But, if Noriega loses the lawsuit because he's a 'public figure' and they say it is OK to use public figures in videogames... well then, I might just have to grab a copy of the Unreal 4 engine and put the public images of various dickish videogame company CEOs to good use...
+Dustin Rodriguez It would be one thing if he was arguing they shouldn't have used his image, but in this case he's just angry they didn't portray him in a flattering way. To be clear they portrayed him as a horrible human being and a murderer when in reality he's a horrible human being and a murderer who has a legal team.
Create whatever you want. They threw the case out and said all public and historical figures are fair game.
+Dustin Rodriguez FYI, the judge threw out Noriega's lawsuit for various reasons, including that they've used Noriega's image loosely, using well-known and pubicly available facts and because "Black Ops 2 is a transformative work".
imho, putting an alive person as an antagonist in a videogame might be a dick move but let's face it: you can see that Noriega has been a major asshole by just doing a quick Google search, so he pretty much deserves it. It's a bit like what they did with Kim Jong Un in The Interview - not only he's depicted as a ruthless dictator that manipulates people but he's also shown dying in that movie. Still, I don't feel bad for him because he's a real piece of shit IRL.
RattletraPM So I wonder if that legal decision could be used as precedent if someone created a game where the antagonist was Bobby Kotick or other publishing company CEOs who have pulled dick moves over the years? Hmmm...
+Dustin Rodriguez Problem is, Noriega was convicted for drug trafficking, money laundering, racketing, murder and human rights violations in the United States, France and Panama. So, not only this means that he was a dick, but it's undeniable proof that he was a criminal and he did all of those things, plus as he is still serving his sentence for the crimes he as committed.
On the other hand, Bobby Kotick might be a dick and all, but he didn't murder anyone nor violate any human rights. Also, he didn't really do anything illegal, and he could prove his innocence in court by saying that many things he said were taken out of context and used against him (I'm not trying to say he isn't a dick tho, I'm just thinking what he would do. But still, it is true that at least some of those things had a -slightly- different meaning in their original context.)
If I recall correctly, the Too Human case backfired when it turned out they didn't even have the rights to USE the Unreal engine in the first place and had to pay Unreal for that.
LMFAO! Gwen Stefani tried to sue because she looks like a man anyway and making her sing in a mans voice is just funny and fitting.
+...and you will know us by the Trail of Dead LEAVE BRITTANY ALONE!!! XD
LOL, that candy crush game, the commercial says "Join millions of players online now!"
on the app store...
"315,347 Downloads."
Something you forgot to mention about the Donkey Kong/King Kong debacle is that Nintendo won that one hard because Universal had actually gone to pains to prove in a previous lawsuit that they themselves _didn't_ own any rights to King Kong - in fact, they'd proved King Kong was in the public domain.
Is King going to sue the makers of the SaGa series for using that name for over 25 years?
Harmonix got sued by The Romantics for Guitar Hero: Rocks the 80s for their cover version of "What I Like About You" sounding too much like the real thing.
What's weird is that song did make into RB4 this year, despite coming from the same devs and now being a master recording.
You see our ridiculously over the top zombie movie isn't a cash grab. It's a satire on the dangers of comsumeri- Wait a minute, that's mine! I hold the trademark on all malls!
The Digital Homicide vs Jim Sterling case? Does it count if the publisher is doing the suing (and failing)?
The City of Heroes vs Marvel thing was hilarious when you realize the majority of the characters Marvel complained about were made by Marvel employees. However, Cryptic Studios 'winning' doesn't mean you can make copyrighted characters in MMOs. Part of the deal was that Cryptic would punish players who made copyrighted characters. This practice has carried over to DC Universe Online and Champions Online.
I remember when I used to play City of Heroes. I played an off-brand Dick Tracy. Fortunately, Warren Beatty never found out
One of the most pivotal lawsuits in gaming history was Capcom v Data East, which was over Fighter's History being too similar to Street Fighter. Data East's victory in that suit established precedent that similarity is not infringement, meaning concepts are free to draw from one another without stepping on any toes unless it's done explicitly through asset copying or transcending parody.
I usually use Rock Band's reuse of Guitar Hero's button coloration (G-R-Y-B-O) as a citation of this in action. Without such a precedent in place, Activision could sue Harmonix for reusing that specific sequence of colors from Guitar Hero.
6:05 you bring the popcorn, I'll bring the soda.
Kinda hoped for a Uri geller VS Pokemon lawsuit xD
Awesome vid though
I just marked the heck out when at about 2 minutes 27 RONDA ROUSEY's music started playing :)
When Marvel gave up on trying to turn all rabid on its fans, with City of Heroes, I celebrated by making a Wolverine tribute hero, named "Amnesiac Badger". Great show, you guys!
What game(s) is/are shown in the Silicon Knights vs Epic Games section?