Paper Mario Lawsuit Not Worth the Paper It's Written On
Paper Mario Lawsuit Not Worth the Paper It's Written On
June 26, 2008
On Tuesday GamePolitics broke the news that Morgan Creek Productions had filed suit against Nintendo on June 12th over the use of the Hans Zimmer song You're So Cool in a 2004 commercial for GameCube hit Paper Mario: The Thousand Year Door. The tune was part of the soundtrack of Morgan Creek's 1993 film True Romance.
As we also reported, the suit was voluntarily dismissed just six days later.
Now we know why: inept lawyering on the plaintiff's part.
Charlie Scibetta, Nintendo of America Corporate Affairs spokesperson, forwarded this statement to GamePolitics:
A lawsuit filed by Morgan Creek Productions, Inc. against Nintendo of America was recently dismissed. The lawsuit alleged copyright infringement by Nintendo for its use of the song "You're So Cool" in a Nintendo GameCube television commercial produced by advertising agency Leo Burnett USA, Inc. In response to the lawsuit, Leo Burnett provided Morgan Creek Productions with a copy of a music license entered into between Leo Burnett USA, on behalf of Nintendo of America and Morgan Creek, for licensing of the song. The lawsuit was dismissed by Morgan Creek Productions the following day.
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Posted 01/06/09 at 04:12pm
DeepThorn: Dero, I swear she told me she was 18.
DeepThorn: Dero, I swear she told me she was 18.
Posted 01/06/09 at 03:07pm
HarmlessBunny: @PHX Corp: No surprise. Jack's favorite desperation move: Image-laden filings that make zero sense! Guarunteed to piss someone off, and provide hilarity to us
HarmlessBunny: @PHX Corp: No surprise. Jack's favorite desperation move: Image-laden filings that make zero sense! Guarunteed to piss someone off, and provide hilarity to us
Posted 01/06/09 at 01:54pm
Derovius: What did you call my little sister?
Derovius: What did you call my little sister?
Posted 01/06/09 at 01:38pm
DeepThorn: 'Security' additions, which means it protects the music, which you bought, and have the right to use. It doesnt stop illegal activity, and even copying the music onto 2 back up CDs isnt illegal. Giving one to your little sister is border line.
DeepThorn: 'Security' additions, which means it protects the music, which you bought, and have the right to use. It doesnt stop illegal activity, and even copying the music onto 2 back up CDs isnt illegal. Giving one to your little sister is border line.
Posted 01/06/09 at 01:36pm
CK20XX: What's it gonna take for JT to get arrested? It'd be funny if it wasn't so sad.
CK20XX: What's it gonna take for JT to get arrested? It'd be funny if it wasn't so sad.
Posted 01/06/09 at 12:12pm
PHX Corp: Look on JAABLOG at his recent court filings he's starting to post pictures again http://www.megaupload.com/?d=DB5ODRNE
PHX Corp: Look on JAABLOG at his recent court filings he's starting to post pictures again http://www.megaupload.com/?d=DB5ODRNE
Posted 01/06/09 at 11:51am
CMiner: It's the same as the controversy over Sony's rootkits in their music CDs, as far as a separation of the issues of cd content and the security additions.
CMiner: It's the same as the controversy over Sony's rootkits in their music CDs, as far as a separation of the issues of cd content and the security additions.
Posted 01/06/09 at 11:27am
Vake Xeacons: But there does need to be a limit on DRM. I mean, CD check's okay, but spyware? That's an invasion of privacy!
Vake Xeacons: But there does need to be a limit on DRM. I mean, CD check's okay, but spyware? That's an invasion of privacy!
Posted 01/06/09 at 11:00am
Krono: @insanejedi: DRM isn't an aspect of the game. Unless you can make an argument that Securom is an intregal part of Spore that the game would be an incomplete experience without.
Krono: @insanejedi: DRM isn't an aspect of the game. Unless you can make an argument that Securom is an intregal part of Spore that the game would be an incomplete experience without.
Posted 01/06/09 at 10:57am
insanejedi: It's asking the government to regulate aspects of a game. Their just going to use this as a backdoor to regulate other aspects.
insanejedi: It's asking the government to regulate aspects of a game. Their just going to use this as a backdoor to regulate other aspects.
Posted 01/06/09 at 10:53am
Krono: @insanejedi: DRM = trade practice, Violence in games = speech. I'm not seeing the similarity here.
Krono: @insanejedi: DRM = trade practice, Violence in games = speech. I'm not seeing the similarity here.
Posted 01/06/09 at 10:40am
insanejedi: Guys, Regulation of DRM is fudementally the same as regulating violence in games...
insanejedi: Guys, Regulation of DRM is fudementally the same as regulating violence in games...
Posted 01/06/09 at 10:13am
sortableturnip: He's in full swing now, asking for all expenses paid by the Florida Bar.
sortableturnip: He's in full swing now, asking for all expenses paid by the Florida Bar.
Posted 01/06/09 at 09:51am
sortableturnip: @ Simonbob: isn't it better to read the comments, LOL wise?
sortableturnip: @ Simonbob: isn't it better to read the comments, LOL wise?
Posted 01/06/09 at 09:41am
SimonBob: You could've mentioned it's close to the bottom, although it's good to know he's actually got an okay golf swing.
SimonBob: You could've mentioned it's close to the bottom, although it's good to know he's actually got an okay golf swing.
Posted 01/06/09 at 09:41am
PHX Corp: @Sourtable T JT's brain acts like a cookoo clock, It never stops Cookooing
PHX Corp: @Sourtable T JT's brain acts like a cookoo clock, It never stops Cookooing
Posted 01/06/09 at 09:23am
sortableturnip: In his latest filing, JT claims he is still admitted to practice as an attorney in the Southern District of Florida: http://jaablog.jaablaw.com/2007/09/04/pardon-our-appearance.aspx?pg=3&view=threaded
sortableturnip: In his latest filing, JT claims he is still admitted to practice as an attorney in the Southern District of Florida: http://jaablog.jaablaw.com/2007/09/04/pardon-our-appearance.aspx?pg=3&view=threaded
Posted 01/06/09 at 09:13am
SimonBob: Or the falsified usernames of gaming company CEOs. :P
SimonBob: Or the falsified usernames of gaming company CEOs. :P
Posted 01/06/09 at 09:07am
Alevan: Yeah, he doesn't use the shoutbox... then again, he doesn't like to confront his problems head on. He hides behind the "law"
Alevan: Yeah, he doesn't use the shoutbox... then again, he doesn't like to confront his problems head on. He hides behind the "law"
Posted 01/06/09 at 09:05am
SimonBob: It's funny, Alevan, I've never seen him respond to anything in the shoutbox. I think he's got tunnel vision.
SimonBob: It's funny, Alevan, I've never seen him respond to anything in the shoutbox. I think he's got tunnel vision.
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Game Politics and Game Politics logo are trademarks of the ECA.
Comments
I guess I should have went ahead and made the comment that this was an issue that should've been taken up with the ad agency that Nintendo used but I didn't bother. Inept indeed....
Maybe it's just my time here, but I have an abiding dislike for lawyers who sue first and check facts later....
You're not referring to Jacko, are you? He doesn't check facts later; he blatantly ignores and misrepresents them.
True, but he does check facts eventually, purely to see if there's any possible way of getting out of the hole he's dug himself into.
Fortunately, there usually isn't ;)
So let me get this strait, they sued Nintendo for copyright infringement for a song used in a commercial, but didn't bother to check whether or not the song in question had been licensed to for instance an advertising company for use in a commercial?
That's not inept, that's downright stupid, especially considering the plaintifs themselves licensed the game to the ad company nintendo used for the commercial. They had it in their own records aswell, didn't they simply check to whom the song in question had been licensed and what it was going to be used for?
Apparently not...
This is kinda like when Universal sued Nintendo over Donkey Kong, claiming it infringed upon their copyright to King Kong... and lost, because it turned out King Kong was public domain.
And here's the great part, which I only just found out, after looking it up in Wikipedia: Universal themselves had previously won a suit against RKO Pictures for the rights to King Kong... by arguing that King Kong was public domain.
I would have loved to see the look on both parties faces when this fact came to light. Oh that would be so classic.
That lawyer fails.
At everything.
EPIC FAIL
It's amazing how eager people are to sue Nintendo these days. Sometimes justified, sometimes not. LOL
Wow this lawyer is destined to work for the RIAA. "What do you mean they licensed the song? BLASPHEMY! Everyone is guilty of copyright infringement except the RIAA! *does another coke line*"
-Loudspeaker
"Volume helps to get a point across but sharp teeth are better."
This is right up there when Miramax (I think) tried to sue Nintendo for the creation of Donkey Kong. Basically Nintendo argued that Donkey Kong was a direct representation of King Kong and that Miramax owned the rights to King Kong.
Nintendo was just a little start up in the U.S. at this point, basically 11 guys in an office. Well one of them did some digging and they walking into court with a trial transcript from the 70s where Miramax had successfully argued that King Kong was, in fact, PUBLIC domain.
And no one ever heard of Miramax ever again until Kevin Smith gave them some Dick and Fart jokes.
"You used our song without permission."
"No, you gave us permission."
"...Oh. I'm...gonna go over here now..."
You can still do it, Morgan Creek! Don't let the haters get you down! Don't let them confuse you with their fancy contracts and legalese! Never give up!!!
LOL, lawyers sure seem to have a habit of "sue first, ask important questions like 'before we go though all of this, should we check to see if they really did get & have the rights to this?' later."
Maybe Grand Theft Auto made him do it?
I remember a Sucide Girl getting sued by Nintendo for mentioning Nintendo on her site. The google watching lawyer on the Nintendo legal team leaped before he looked at the site. Nintendo quickly withdrew its suit and gave the girl a free Gamecube.