The 6 most frivolous videogame lawsuits (Features)

Todd Melick, GamePro (online)

23/05/2008 16:20:00

The Case:

Eros is a maker and seller of virtual adult-themed objects within the persistent online world of Second Life. Specifically, their products equip avatars with realistic genitalia, and engage them in sexual actions. They sued the online avatar Volkov Catteneo (a 19year-old kid, Robert Leatherwood) claiming he copied and sold one of their sex beds online.

Why it's ridiculous:

The entire lawsuit was based on the creation of a virtual object, that makes it possible for virtual people to do virtual naughty things. The idea that there is a company like Eros out there making money off of people in a MMO getting down and dirty is disturbing enough. The further thought that sex in Second Life can be copyrighted is a whole other world of disturbing.

What will happen if they win:

Eros did win. Robert Leatherwood is no longer allowed to make or sell Eros products. The public embarrassment he must have undergone for being 19 and living in his grandmother's basement making virtual sex products is far greater than any monetary value a court could have asked for. There must be far better was for kids to pass the time, and make money then creating virtual penetration in Second Life. Have the days of virtual lemonade stands already passed?

The Case:

Gibson sued Activision for a infringing on their patent for technology that simulates musical performance. In the process, Gibson also filed lawsuits against Harmonix, Viacom, and EA for violating the same patent, as well as retailers that sell Guitar Hero games, including GameStop, Walmart, and Amazon.

Why it's ridiculous:

The most ridiculous aspect of the lawsuit is that Activision is licensed to model their controllers on Gibson guitars, and have likenesses of their instruments appear in the game. It's like two kids building a sandcastle together, fighting over who did all the work, when the truth is they swooped in and stole it from a another kid. Didn't Konami have the idea a half decade earlier?

What will happen if they win:

If Gibson wins the lawsuit, then all future games that incorporate simulated musical performance will include Gibson instruments, with a cut of the profits going to the company. In addition, aspiring simulated rock stars may be the intellectual property of Gibson.

The Case:

MKR Group, owners of the copyright to George Romero's Dawn of the Dead, have sued Capcom over the similarities Dead Rising shares with Romero's film. Both the movie and the game feature a zombie invasion set inside a shopping mall. Though the game carries the disclaimer, "This game was not developed, approved or licensed by the owners or creators of George A. Romero's Dawn of the Dead," the MKR Group maintain that the similarities are too uncanny.

Why it's ridiculous:

It's undeniable that the movie and game have similarities, and that Capcom was well aware of them. The MKR Group is taking issue that the game is a dark comedy, with zombies in a shopping mall, and provides thoughtful social commentary. If there was any implicit commentary of capitalism in Dead Rising, I fully missed it. I just remember a bunch of stupid crap about bees.

What will happen if they win:

If the MKR group wins, then no future games will be able to place zombies in a shopping mall. To that extent, it will be difficult for zombies to be placed on either an island, or a farm. If the dead do rise from their grave, they better think twice about attacking people near stores or the MKR group may come after them.

The Case:

While no official lawsuit was filed against Sony, the Church of England took issue with the inclusion of the Manchester Cathedral in the game, Resistance: Fall of Man in such a way that it's close enough for us to include this. The Church of England asked for an apology a, a recall of the game or removal of the Cathedral from it, and that Sony make a substantial donation to the Church. The bishop of Manchester, the Rt. Rev. Nigel McCulloch, said in a press release, "It is well known that Manchester has a gun crime problem. For a global manufacturer to recreate one of our great cathedrals with photo-realistic quality and then encourage people to have gun battles in the building is beyond belief and highly irresponsible."

Why it's ridiculous:

Resistance: Fall of Man is a work of science fiction. If the game does indeed, "encourage people to have gun battles", in the church, then it raises an eyebrow why no one has yet to utilize alien weaponry in church pews.

What will happen if they win:

If the Church of England had indeed filed an official lawsuit and won, then the inclusion of any real-world locale in a videogame would be put under scrutiny. No longer would gamers be able to experience the reality of fighting hordes of aliens in a church, or be encouraged to take their gun battles to the pulpit.

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