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


 
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prh99Maybe it's time to rethink your strategy if your enemy doesn't have to make stuff up.02/01/2015 - 5:01am
prh99Also if you don't like someone, harassment and scandals will only get them more attention. Zoe Quinn would probably not be as well known if not for various harassers.02/01/2015 - 5:00am
prh99Personally, I just clicked the three vertical dots the first YouTube recommended one, haven't seen one since. Too bad I can't get rid of Pewdiepie video recommendations that easily.02/01/2015 - 3:19am
prh99Just don't watch the videos, who cares what she does or doesn't do. If her audience likes it so be, if they think she's doing something she shouldn't they'll stop watching.02/01/2015 - 3:14am
WonderkarpAndrew Yoon Died http://www.gamerevolution.com/news/rip-andrew-yoon-3096901/31/2015 - 10:26pm
Matthew Wilson@ea so much happened this week its not funny. fcc broadband, Nintendo, sega, and sevral other big stories. was not a slow week lol01/31/2015 - 8:50pm
Andrew EisenWasn't on the list but we can certainly talk about it.01/31/2015 - 8:45pm
Matthew WilsonI know its not directly related to games, but are you going to tak about the fcc raising the definition of broadband to 25/3?01/31/2015 - 8:33pm
Wonderkarpwell we had to christen it some way01/31/2015 - 7:13pm
Andrew EisenThank goodness the Shout box now goes back 100 shouts, eh folks?01/31/2015 - 7:10pm
Wonderkarpyouve said youre stuff. I gave you a point on one thing.01/31/2015 - 7:04pm
Andrew EisenNo, they're facts. Not beliefs. Not opinions. Facts. Do I need to list them all for you again? I'm happy to oblige.01/31/2015 - 7:02pm
Andrew EisenAnd I have seen no evidence (and would find it very hard to believe) that her fans and funders, even the most radical, would be the ones perpetuating that nonsense.01/31/2015 - 7:01pm
Wonderkarpabout as right as Glenn Beck is about the gays, man. Its all your beliefs and opinions.01/31/2015 - 7:01pm
Andrew EisenI didn't say you did. And this talking head is still right about everything he's said so far.01/31/2015 - 6:58pm
Andrew EisenAlso, considering the number of non profits that merchandise, I'm going to guess you're wrong on that one too but I don't really know as it's not my area of expertise.01/31/2015 - 6:58pm
WonderkarpYou can keep saying that all you want. Its just a talking head, man. there's all the proof in the pudding. I never said she was trying to take away games, or get rid of male protagonists, or any of the BS thats perpetraited by her more radicalfans/funders01/31/2015 - 6:56pm
Andrew EisenNo, as I've spelled out throughout this discussion, you're wrong.01/31/2015 - 6:53pm
Wonderkarpok. that one I am wrong. I'll give you that one. That was one I didnt research properly. BUT I'm right on the others.01/31/2015 - 6:53pm
Andrew EisenFact: It makes no difference whether she recorded the footage or not. Fact: yes she does have a Section 107 'fair use' disclaimer at the end of every video and in the video description.01/31/2015 - 6:47pm
 

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