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 :

Poll

Will Code Avarice's Paranautical Activity make its way back onto Steam?:

Shout box

You're not permitted to post shouts.
Neo_DrKefkawith a neutral party Moderating it. I've been waiting a long time for a GamerGate to happen but now all I want is the healing to start. Weird huh? Gamers don't need to be attacking gamers we should all be on the same side10/24/2014 - 12:39am
Neo_DrKefkaRight now from what I seen your tweet and the other guys tweet there are hard feelings. Until we start a dialogue with each other I think it will get worse before it will get better. I hope you guys work something out meet in a neutral stream10/24/2014 - 12:37am
Neo_DrKefkaThanks James. Even if a hot/hard headed person likes me thinks the public needs to sit down and discuss this together. We all might not agree right now but if the public does not start talking to each other we are not going anywhere.10/24/2014 - 12:36am
james_fudgeHey guys I had a nap because, getting old! I'll take a look.10/24/2014 - 12:01am
Matthew Wilsonjames needs to contact Totalbiscuit than10/23/2014 - 10:07pm
Neo_DrKefkaJames said earlier he went into a stream earlier informed them who he was and they didn't care. If James is trying to talk lets set something up?10/23/2014 - 9:38pm
Matthew WilsonTotalbiscuit has been trying for months, no one that is anti gg seems to want to talk with him on camera10/23/2014 - 9:20pm
Neo_DrKefkaHey James check your twitter. Check with Totalbiscuit see if you can get a round table discussion stream going see if he can get some pro gg people and you can get some gamejournopros. Both sides have been hurt, doxxed its time every1 sits down and talks10/23/2014 - 9:05pm
Matthew Wilsonthe wiiu will support up to 8 gc controllers http://www.smashbros.com/us/howto/entry10.html10/23/2014 - 7:50pm
quiknkoldmewtwo is a timed free exclusive. you can purchase him if you dont have both.10/23/2014 - 7:15pm
Neo_DrKefka@Monte A month and a half ago we had a lot of streams about solutions now all the streams are KingofPol styled rants about getting drunk. All Gamergate is about to many is for people to use the movement to jump start careers.10/23/2014 - 7:12pm
Neo_DrKefkaWhose stream where you in James?10/23/2014 - 7:02pm
Matthew Wilsonyup they are holding mewtwo hostage lol10/23/2014 - 5:59pm
MaskedPixelanteApparently Mewtwo is going to be a free download to anyone who bought both versions of Smash 4.10/23/2014 - 5:41pm
TechnogeekYou would also think that if GG gave a shit about journalistic ethics, Game Informer would have been the very first line of their boycott list.10/23/2014 - 5:32pm
MaskedPixelanteRidley confirmed for Smash Wii U... as a stage buddy like the Yellow Devil and flying man.10/23/2014 - 5:31pm
prh99Rather than trying to spin it as some sort of artistic choice, they should just say they don't want to rework the engine to either decouple the mechanics or make them work at 60fps.10/23/2014 - 5:25pm
Matthew Wilsonubisoft is made to look worse now. wiiu smash is 1080p 60fps lol10/23/2014 - 5:02pm
MonteYou would think that, if GG were really about journalistic ethics, their streams would be more conerned with Shadows of mordor(a REAL controversy involing a major publisher) than with the FALSE jounralistic controversy around Quinn10/23/2014 - 4:49pm
Andrew EisenHope so.10/23/2014 - 4:45pm
 

Be Heard - Contact Your Politician