John Dillinger Clan Loses The Godfather Game Lawsuit

June 17, 2011 -

The family of famed gangster and bank robber John Dillinger have lost a 20-month federal court legal battle against Electronic Arts. The Dillinger clan sued EA for using the gangster's name to represent a special machinegun in the Godfather and Godfather II video games. The EA-developed video games are extensions of the storylines of the popular Mario Puzo novels and the Francis Ford Coppola-directed movies.

On Thursday Judge Jane Magnus-Stinson of the U.S. District Court of Southern Indiana ruled against the family, saying that their claim of copyright infringement was not valid.

The Dillinger family claimed that they control the right of publicity in connection with their infamous relative, who was killed by FBI agents in 1934 after 14-month crime spree. His most infamous crimes included a bank robbery in East Chicago, which left one police officer dead, and Dillinger's escape from the Lake County Jail in Crown Point where he was awaiting trial for the killing.

Lawyers for the family cited the 2006 case of Scalf v. Lake County Convention and Visitor's Bureau, where a Lake County judge ruled that the state's 1996 right-to-publicity statute should be applied retroactively to Dillinger's family for the county's use of the name to promote a museum dedicated to Dillinger.

EA argued using a 2007 case out of New York in which a judge ruled that the descendants of actress Marilyn Monroe could not be granted similar publicity rights to her name because Monroe died before the law was enacted. After reviewing both decisions, Magnus-Stinson agreed with the New York court ruling, saying that the state's right-of-publicity statute doesn't apply to personalities who died before it became law.

EA was granted a motion of summary judgment and the judge further ruled that depictions of Dillinger in popular culture have shown a deep association with the Thompson submachine gun. Because of that association, the judge said that EA was exercising its right to free speech in using the name, which is protected by the First Amendment.

Source: NWI Times


 
Forgot your password?
Username :
Password :

Shout box

You're not permitted to post shouts.
Andrew EisenSleaker - Uh, yeah. Obviously.09/01/2014 - 8:20pm
Sleaker@AE - exclusives do not a console business make.09/01/2014 - 8:03pm
Papa MidnightI find it disappointing that, despite the presence of a snopes article and multiple articles countering it, people are still spreading a fake news story about a "SWATter" being sentenced to X (because the number seems to keep changing) years in prison.09/01/2014 - 5:08pm
Papa MidnightAnd resulting in PC gaming continuing to be held back by developer habits09/01/2014 - 5:07pm
Papa MidnightI find it disappointing that the current gen of consoles is representative of 2009-2010 in PC gaming, and will be the bar by which games are released over the next 8 years - resulting in more years of poor PC ports (if they're ever ported)09/01/2014 - 5:06pm
Andrew EisenMeanwhile, 6 of Wii U's top 12 are exclusive: Mario 3D World, Nintendo Land, Pikmin 3, Mario Kart 8, Wonderful 101, and ZombiU. (Wind Waker HD is on the list too but I didn't count it.)09/01/2014 - 4:36pm
Andrew EisenLikewise, only two of Xbox One's top 12 are exclusive: Dead Rising 3 and Ryse: Son of Rome (if you ignore a PC release later this year).09/01/2014 - 4:34pm
Andrew EisenNot to disrespect the current gen of consoles but I find it telling that of the "12 Best Games For The PS4" (per Kotaku), only two are exclusive to the system: Infamous: Second Son and Resogun.09/01/2014 - 4:30pm
MaskedPixelantehttp://www.joystiq.com/2014/09/01/beyond-two-souls-ps4-trophies-emerge-directors-cut-reported/ MMM MMM, nothing quire like reheated last gen games to make you appreciate the 400 bucks you spent on a new console.09/01/2014 - 4:24pm
Andrew EisenThat's actually a super depressing thought, that a bunch of retweeters are taking that pic as an illustration of the actual issue instead of an example of a complete misunderstanding of it.09/01/2014 - 4:20pm
Andrew EisenObviously, the picture was created by someone who doesn't understand what the issue actually is (or, possibly, someone trying to satire said misunderstanding).09/01/2014 - 4:10pm
Papa MidnightPeople fear and attack what they do not understand.09/01/2014 - 4:04pm
Papa MidnightWell, let's not forget. Someone held their hand in a peace sign a few weeks ago and people started claiming it was a gang sign. Or a police chief displayed the hand signal of their fraternity and was accused of the same.09/01/2014 - 4:04pm
SleakerEither people don't understand that what the picture is saying is true, or the picture was created out of a misunderstanding of what sexism is.09/01/2014 - 3:52pm
Sleaker@AE ok yah that's where the kind of confusion I'm getting. Your tweet can be taken to mean two different things.09/01/2014 - 3:51pm
Andrew EisenSleaker - No. No, not even remotely. The pic attached to my tweet was not made by me; it's not a statement I'm making. It's an illustration of the complete misunderstanding of the issue my tweet is referring to.09/01/2014 - 3:13pm
Papa MidnightIn other news, Netflix states why it paid Comcast: http://money.cnn.com/2014/08/29/technology/netflix-comcast/index.html?hpt=hp_t209/01/2014 - 3:10pm
Papa MidnightAndrew Eisen: Sites like Tumblr make things seem much bigger than they are. A vocal extreme minority start complaining and things go as they do.09/01/2014 - 3:09pm
SleakerAre you trying saying that specific costumes are sexist simply by being included in the game?09/01/2014 - 3:03pm
Andrew EisenSleaker - Seems completely cut and dry to me (of course, I wrote it so that's not surprising). What about it do you find confusing?09/01/2014 - 2:25pm
 

Be Heard - Contact Your Politician