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.
Comments
Re: Paper Mario Lawsuit Not Worth the Paper It's Written On
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.
Re: Paper Mario Lawsuit Not Worth the Paper It's Written On
Maybe Grand Theft Auto made him do it?
Re: Paper Mario Lawsuit Not Worth the Paper It's Written On
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."
Re: Paper Mario Lawsuit Not Worth the Paper It's Written On
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!!!
Re: Paper Mario Lawsuit Not Worth the Paper It's Written On
"You used our song without permission."
"No, you gave us permission."
"...Oh. I'm...gonna go over here now..."
Re: Paper Mario Lawsuit Not Worth the Paper It's Written On
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.
Re: Paper Mario Lawsuit Not Worth the Paper It's Written On
And no one ever heard of Miramax ever again until Kevin Smith gave them some Dick and Fart jokes.
Re: Paper Mario Lawsuit Not Worth the Paper It's Written On
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."
Re: Paper Mario Lawsuit Not Worth the Paper It's Written On
It's amazing how eager people are to sue Nintendo these days. Sometimes justified, sometimes not. LOL
Re: Paper Mario Lawsuit Not Worth the Paper It's Written On
EPIC FAIL
Re: Paper Mario Lawsuit Not Worth the Paper It's Written On
That lawyer fails.
At everything.
Re: Paper Mario Lawsuit Not Worth the Paper It's Written On
I would have loved to see the look on both parties faces when this fact came to light. Oh that would be so classic.
Re: Paper Mario Lawsuit Not Worth the Paper It's Written On
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?
Re: Paper Mario Lawsuit Not Worth the Paper It's Written On
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.
Re: Paper Mario Lawsuit Not Worth the Paper It's Written On
Apparently not...
Re: Paper Mario Lawsuit Not Worth the Paper It's Written On
Maybe it's just my time here, but I have an abiding dislike for lawyers who sue first and check facts later....
Re: Paper Mario Lawsuit Not Worth the Paper It's Written On
You're not referring to Jacko, are you? He doesn't check facts later; he blatantly ignores and misrepresents them.
Re: Paper Mario Lawsuit Not Worth the Paper It's Written On
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 ;)
Re: Paper Mario Lawsuit Not Worth the Paper It's Written On
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....