Ubisoft Attorneys Target Graphic Parody of Assassin's Creed Spokeswoman

Ubisoft Attorneys Target Graphic Parody of Assassin's Creed Spokeswoman

November 19, 2007
Several readers have alerted us to a developing legal situation involving Ubisoft and the Something Awful website.

Apparently an SA forum user posted a link to a pornographic parody cartoon based on game designer Jade Raymond (left), who has been Ubi's point person for the highly anticipated new Xbox 360 title, Assassin's Creed.

Ubisoft's attorney demanded that the offending image be removed and the identity of the person posting it be turned over. Something Awful owner Richard "Lowtax" Kyanka posted a response indicating that the image was only linked to, not hosted on, his site.

It is unclear where the case will proceed from here.

GP: We've checked out the cartoon; it's quite vile. Can't blame Ubi or Ms. Raymond for reacting strongly... On the other hand it may enjoy fair use protection as a parody.

Comments

Andrew Eisen
PLL is dumb and like mobing things they don't like.

Personally I don't find that much wrong with it other than the game in question is not so bad it needs free BJ's to sell it :P

Lets save that for Jericho!
I don't know why they're going after SA. They have a notorious standing on not-giving-a-shit, and they POST LEGAL THREATS ON THE MAIN PAGE. Bad idea by Ubisoft to go after this so heavy-handedly.
Something Awful's been through this before, and won. They'll pull through.
its true it is a ps3 game too, and a ds title.

saw the comic and its just that a comic, it has no bearing on real life. I dont think ubisoft have a leg to stand on here.

Im sure jade will get over it.
Eville1
Well said!
I finaly saw the comic and it's is stupid yet makes sence.
ok sure, the comic is tasteless whatever.

i find it a little more tasteless thatat Jade "look, i have boobs so buy my gam" Raymond's vagina apparently is a very important factor in whether or not Assassin's Creed is a good game. According to Ubisoft, this is so.

to that end, the comic makes its point (even though it's not terribly funny about it). can't AC be a good game on its own merit without knowing what faceless monkey produced the game?
"you believe, at your core, that her popularity and front-and-center of the promotion are due to her sex appeal to the male fan base."

And I'm right!

"The very notion that she is only in the fore-front because of her sex appeal is sexist at the core, especially when you take her skills in account."

I agree! That's why I'm not arguing that's the case!

Take sensational things like "only" out of the equation and we can actually talk like equals in this debate.
No links to the cartoon, please...

I've got enough lawyers on my back for one week.

:-)
I have seen this comic and I really wish I hadn't. It's revolting. Parody or not, there's no chance that anyone could call this tasteful or amusing in any way. The artist simply wanted to be disgusting.
Hahaha... i just saw it, hilarious.
No links to the cartoon, please…

I’ve got enough lawyers on my back for one week.

:-)

good one;)
I can see why Raymond would have been upset...but I thought the comic was pretty funny.
Now why would someone do something like that?

This woman talks about an excellant game and she gets put into a shitty cartoon. Now that is anal.
People who think the comic is horrible/bad taste/etc... = Americans.

kthxbye.
Now why would someone do something like that?---

Because they can and they want to.
I actually found it on deviantArt. I would assume that's the original, since people do not take kindly over there to the posting of other people's work. If Ubi really wanted the artist, they could probably just google it instead of hassling SA...

That being said, while I feel bad for Ms Raymond and I'm a little sad at how much this highlights sexual biases in our culture, the comic was clearly a parody, so I'm not sure it's worth Ubi's time to try suing people. It's basically just a political cartoon that happens to be very graphic in its approach.
The guy who made the comic, runs a web comic called "chugworth".

I used to read it, then it stopped being funny, then he stopped updating..

He was always an asshole, and I think he is just desperate for page views since he lost most of his readership.

Hes also rather proud of himself for the controversy.
Parady it may be, I think its very close to slander/libel.

Honestly if his ass got sued I wouldn't be that upset.
You know, I'd have had no idea this comic existed if it wasn't for the lawsuit.

I often wonder why people get mad and go out and give trouble makers the attention they crave on silver platter through lawsuits, calling for boycotts, etc.
Note: This is NOT a link to the comic

All this said, maybe Dennis should take a page from Lawtax's book in his dealings with Thompson. His "legal reply" to the lawsuit is pretty priceless.

GP: no links on this story, thx
I have seen it

its somewhere where buried in the digg
Its not a direct link and to the dig posting thus "safe",if one is mature enoguh to handle cum/blow job jokes its rather immature humor but still made me giggle, really tho how else do bad games sell BJ's and zombie gamers of coarse!

BTW From what I have played of AC its not hat bad,not a 50$+ game either tho >>
waiting on the PC version to pop up before 'llI dig into it.

GP: no links on this story, thx
Well, wouldn't you be upset if someone posted a nude photo or cartoon of your girlfriend/mother/sister on the internet? And if you're a girl, wouldn't you be upset too? It's a parody, of course, but they've taken it too far.
If there weren't other comics hosted on his server, I think Id have some folks help crash it.
broken scope
really?
I think this commentary on how some games get sold to the public.
-=}{oT~dEv1L 666=-
try buying new games at full price and realize you and others are getting raped by the wallet for short mediocre games, on a scale of 1-10 its a 6-7 they could have done much worse.
Well, wouldn’t you be upset if someone posted a nude photo or cartoon of your girlfriend/mother/sister on the internet? And if you’re a girl, wouldn’t you be upset too? It’s a parody, of course, but they’ve taken it too far.---

no, i'm not american.
Good lord some lawyers are dumb.

I found the source and original creator of the cartoon in question in less than three minutes.

As for the comic itself, I think it’s pretty well done. The art is attractive, cute even, and it has something to say. I’m not sure what people are so upset about.

I mean, it’s a drawing people. Relax. All the Ubi lawyers are doing is drawing more attention to the comic (I would never have seen it otherwise) and making themselves look stupid by sending a cease and desist to the owner of a website where some guy linked to the comic in the forums. That’s kind of like when the ESA got in a huff with Kotaku when they wrote about that “your mom’s rated E for everyone” t-shirt.

By the by, it’s totally cool if Raymond or anyone else finds the comic offensive and disgusting. That’s fine. Still, the creator is expressing an opinion and doing it in an artistic fashion. I’ll always be okay with that even if the work in question offends my sensibilities down to the core.

Andrew Eisen
@Zippy
Yes I know what it actually is.

Maybe I'm a not looking at the situation subjectively, maybe its just a personal grudge against the artist.

He made the comic based off this article.

http://kotaku.com/gaming/rumor-smash/jade-in-green-and-
white-striped-bikini-320260.php

Though if his stupid ass actually read the article he would have noticed something else. But that has never been his style. No he did it sheerly to piss people off and be offensive.

From his current news post he seems to think hes hot shit, as I stated earlier hes rather proud of himself because he "Made Jade Cry".

I might be able to see more humor if I actually thought jade was just a pretty face to promote a shitty game.
broken scope
gee you must ate southpark, the humor it goes over your head....

His humor is crass but not always devoid of a point, can you really say this is his worst work yet?
ah yes I have made a topic in the forum come and bitch and rant people!
:P

http://www.gamepoliticsforums.com/showthread.php?p=55603#post55603
ate - hate
Yeah, I saw the comic, and it's pretty clear why Ubi and Jade are upset. TO be honest, I would be also. It should be interesting to see if this comic is protected under the fair use doctrine as a parody or not.
I find south park rather funny, mainly because they target people who deserve it.
Having seen the comic, i don't know what everybody is so upset about - really. *shrug* Ubisoft legal totally dropped the ball on this one; had they just ignored the comic, it would have entered and exited the collective Internet psyche without so much as a passing glance. Instead, they're now suffering from the Streisand Effect.
broken scope
well South park dose have 99.9% more wit :P
Kingo has a point. All of you Americans need to shut the hell up.
Ok I kinda skimmed the articals that talk about the reasons behind the comic being made....

I just don't get it...I seen the comic myself it's pretty bad but the comic seems to imply she's whoring her public image to get people to "buy her game"....

Heh....I might want to try it if I have a 360 or something...
I've seen it myself, and while it honestly isn't that funny, it is certainly a parody. If anything the comic's creator is an admonishment of Ubisoft's promotion tactics, trying to argue that they used Jade's physical attractiveness as a method to win over fans. I'm fairly sure it's safe from legal action, but if she herself feels offended (as she might) I would still say the good thing to do would be to take the thing down and have the author explain his point himself, and perhaps even go so far as to apologize if it offended her. But there's no laws demanding we be nice, eh?
The cartoon is clearly protected under the first ammendment. There's no chance of any effective legal action against SA or the comic's creator.

Ubisoft needs smarter lawyers who actually understand the law and are smart enough to use google to see just who they're messing with.
the best part about this whole thing? Lowtax's response:
(and i quote)

From: Rich "Lowtax" Kyanka (webmaster@somethingawful.com)
Sent: Thursday, November 15, 2007 9:06 PM
To: 'Anderson, David'
Cc: A BUNCH OF FRENCHIES
Subject: RE: NOTICE: Infringement of ASSASSIN'S CREED Mark and Jade Raymond's Personal, Privacy, and Publicity Rights

Please let it be known that hereforth I have read the express mail and email sent thereforth by Famous Lawyer David Anderson of the Famous Lawyer Law Business of Nixon Peabody LLP, and furthermore a declaration shall be expressed on the part of Internet User Rich “Lowtax” Kyanka that thatforth herethrough I have conducted rigorous tests implemented through a vigorous barrage of legal studies, and furthermore hitherthrough these rigorous tests have therefore proven Famous Lawyer David Anderson of the Famous Lawyer Law Business of Nixon Peabody LLP shall be recognized as a man of the fag persuasion.

Pursuant to the United Dairy Council

Rich “Lowtax” Kyanka
Internet
It depends, in part, as to how eager Ubisoft were to push the 'look, an attractive woman who works in gaming!' angle in the first place. Is it parody, or is it satire, taking the mickey out of peoples assumptions about computer gamers, and the method organisations use to sell them?

Regardless of whether the cartoon is tasteful or not, the silliest thing to do was draw attention to it, basically, if Ubisoft are going to use hormones as a sales tool, they should not be surprised with one or two reactions such as this.
The comic is certainly in poor taste and the only reason it exists is because Jade is a woman. I find it unlikely that someone would make a similar comic featuring Cliffe B. or any other male gaming personality.
However, I wonder if the comic is meant to attack not only Jade but also fanboys who have given her so much attention? Almost certainly the comic says more about the crudeness and tendency to objectify women that is all too common to certain segments of the gaming community than it does about Jade.
@jccalhoun graduate student - I wouldn't mind a tasteless parody of Cliffy B. He is a marketing guy masquerading as a designer...a hack designer so full of himself and manure that...I'll stop here, the story isn't about Cliffy...

It has already been stated: Something Awful has come up against legal threats before, and came out victorious (in the ones they post). Who knows if they pick which battles to post, leaving out the ones they know they will lose.

They've posted this threat on their site because they are not the creators of the image, nor do they host it. Also, situationally and morally, I do think the image has crossed a line simply because the target does not deserve the humiliation of the image.

It is hard enough for a female to get a job (and keep it) in the game industry. She doesn't need this.
Curious situation.

On one hand. People are making the argument that it's a legitimate parody of Ubi-Soft's tactics. That they're somehow calling attention to Jade's attractiveness. I don't quite understand that. It's true I've seen interviews with Jade here and there, but never anything that I would call unexpected or inappropriate. She's been out, promoting the game she's been working on for years, how is that unusual? It's true, it is a little unusual to see a woman helming a game like Assassin's Creed, and I've definitely thought that; but it's not like they're highlighting turn-on's and turn-off's and walks on the beach. It's always been about the game. I guess what I'm trying to say is I wonder why parody is warranted, I haven't seen Jade or Ubi do anything that hasn't been done a thousand times before on all manner of other games. I think I'm a little irritated in that sense actually, I can't help but wonder if there would have been a parody at all of her if she'd been a man.

I think I'll stay away from the links actually. Think I'd rather just not see it.
I think the references to South Park are very apt in this situation. That show, perhaps more than any other, really shows the boundaries of parody are very wide open. If Bono can be a walking, talking POS, than anything is permissable.

Unfortunately for Ms. Raymond, by stepping out into public to speak about the game she has given up the privacy that would have protected her. She is part of the public sphere now, and she will need to develope a thick skin. I suspect that there are other comics being written in response to this controversy that will make this one seem mild. These are the interwebs after all, and I thought the comic was a pretty good blend of the internet memes of webcomics, pr0n, and video games. It wasn't funny, but it wasn'tvile either.
i think its funny that the same people bitching about freedom of expression when colombine rpg rolled out are threatining to crash the guys site over a crappy cartoon
Heh, you always get the whole length and breadth of opinion in here, the answer is usually somewhere in the middle :)
AC is also a PS3 game! TEH BIAS!
@Rammsoldat

It may not even be a question of what she thinks. It wouldn't surprise me one bit if there was some kind of company waiver she signed when she agreed to represent them publicly authorizing them to do this kind of thing. May be it's got nothing to do with her, perhaps they just want to keep AC clear of any real kind of controversy, who knows?

That said, I still find it distasteful at best.
I actually met and interviewed Jade a little over a year ago... she's this incredibly nice and knowledgeable woman who just happens to be drop-dead gorgeous, as well. And, because she's very pretty, she's received a lot of flack from the gaming community that she really doesn't deserve.

If she'd done something to deserve this criticism, *maybe* I'd be willing to defend the artist's creation... but this is just offensive and mean-spirited. If I were in her position, I'd sue, too.
Wait, is this the same comic as the one of a naked Jade giveing a blowjob to the videogame reviewers?
I'm pretty sure there's not much Ubisoft or Ms. Raymond can do. The "comic" is disgusting and idiotic, but the maker can probably claim parody and get away with it. Threatening SA was definitely not a good move, considering the comic was linked in one of their forums and never hosted, so they certainly do not have any ground to stand on legally, so all that was accomplished was ticking off a large and unusually, well, unusual group of goons. They can try demanding anyone hosting the image take it down, but now that they've created this much publicity by threatening SA, there isn't much chance of that succeeding.

I saw on UFC Saturday that the Assassin's Creed team sponsored Rashad Evans and some other fighter, I think Karo Parysian. Maybe they could send their sponsored fighters to have a friendly chat with whoever made the comic. Of course, such strong-arming is considered a no-no these days.
I'm gonna have to jump on the bandwagon with everyone else that is thinking/saying that threatening SA is opening the gates to the Goons. Not a very good idea and really making things THAT much worse. You don't mess with Goons.
I'm not sure the comic qualifies as "parody" so much as "satire". The artist was making a commentary, not goofing on any particular event or title.

And yes, satire is protected speech; Carlin's "Seven Dirty Words" bit is precedent.
I'm actually not surprised that something like this didn't happen sooner because Jade is a very pretty lady, and all those juvenile nerds out there who probably drool over her picture but wouldn't have the cajones to actually talk to her are quite numerous. It's sad really, because again it is because that she is a woman, and a very pretty one at that. Frankly, she looks like she is probably a really nice person (from the interviews I've seen) who doesn't deserve to be humiliated in this fashion. It ranks right up there with the foul and crude things that people do when they find out that a gamer on Live is actually a girl then start to harass them simply for the same reason.

I hate to say it but the gaming community has more than it's fair share of dumbass little twerps who seem to revel in their own vulgarity and sexism. To this day I still don't understand the fascination with online gamers with 'rape', 'your mom', and 'corpse humping'. For the later I normally just say that's the closest thing to sex that they will ever get. As for the first two I chalk that up to pre-pubescent jerks who suffer from a Oedipus complex, and so far they keep proving me correct.
Is the most salient legal issue offensive v. non-offensive, tasteful v. tasteless? Maybe not. It could be about whether Ms. Raymond's rights to her image and likeness are being infringed.

Generally, you can't use someone's imagine and likeness without their permission, particularly if you profit financially from that use. It's my legal right to exploite my image and likeness for profit -- and no one else's until I give them that right. There is, of course, usually many exceptions to a legal rule, one of which in this case is "fair use for parody." I can use your image and likeness if I do so for the purpose of so-called parody. A court will recognize that as a fair, non-infringing use and I don't have to ask your permission or pay you for doing so.

Parody has a legal definition, I'd image. That's the real legal issue here: whether the use complained of falls into the "fair use as parody" exception which applies in this case. And I'd imagine that the determination thereof wouldn't much care about offense or taste. Parody's almost offensive by nature (or, at least in my artistic opinion, all good parody should offend).
I'm sorry this isn't contributing to the "is it legally 'parody'" argument, but I've got a question that I wanted to throw out there:

So someone that doesn't work for SA posts a link to an image accused of violating privacy rights, and SA themselves are threatened with suing.

What are the major differences between this, and JT threatening to sue GP over a commentor's violent threats?

Perhaps the big one could be Dennis removing the offensive material on his site as soon as he could, while Lowtax has been choosing inaction. However, in GP's case that offensive material was actually on his website. If SA only had a link and not the image itself, could it really be the same situation? I'm not sure if there is a legal precedence for hosting a link to anything considered slander or libel or whatnot.
i dont want to sound mean or like a fanboy but Assassins Creed is for the PS3 also and it was actually suppost to be a Playstation exclusive

im sick of the media giving the 360 more attention and condoning the PS3 or just freakin leaving it out

remember im not trying to be a fanboy
I wouldn't put it past ubi pulling a PR stunt(the legal threat) to get more press...

Bustahwolf
threats of harm and death are zero tolerance thing they can not be taken lightly because the fools in power take the net "srusly"!
@Bustahwolf:

Top o' my head commonsense says, no liability for hosting link to defamatory statement. Sander or libel or whatnot generally require "publication" or "republication" (i.e., actual conduct by which the defamer either makes the false statement himself (publication) or he restates the false statements of another (republication)). Blog owners like GP, to use your example, can therefore defame in both these ways: their own false statements are "published" and they "republish" the false statements of their comment-posters. But I'd argue that the re/publication requirement isn't met when all the blog owner has done is posted or hosted a hyperlink to another site that's re/publishing the false statement. He's not forcing you to click nor are you obligated to click. But if you do click, you're led away from GP's site and to another site that's re/publishing the false statement. That's the guy that the defamation laws should give the defamed the right to sue, not the guy who merely sprinkled the breadcrumb trail.
the only reason Something Awful is in trouble instead of Chugworth Academy is because nobody reads Chugworth, so I just sent Ubisoft a message with some info they'll appreciate
Seen the comic. I'm a fan of the raunchiest of humors, but was that supposed to be funny (South Park, anyone)? Was it insinuating she is 'whoring' herself out to promote the game? There's no truth behind that, from what I can see, because that game is highly regarded and needs no added 'whoring,' taking the PR blitz I've seen into consideration. Is it making fun of the lonely male gamer stereotype? If so, the comic would be better servedas a 'dream sequence.' Not quite seeing where it's going.

Question: What's her connection to the game? Just a pretty face to talk it up? If so, then I can see the point the comic is attempting to amek. But if so, is Reggie for Ninty any better? But you don't see a comic of him orally pleasing fans for sales. (His chin would get in the way for sure :o)

The reason? She's an attractive female. Same job as Reggie, but she gets the 'whore's rap.' Sexism defined. That's my main issue here. And unless I'm mixing up her job, I'm glad they took this down. Ubisoft has historically gamer-friendly, so I'm not seeing "The Man" keeping anyone down here.
@~the1jeffy

She's the producer of the game.

See: http://en.wikipedia.org/wiki/Game_producer

It's simply because she's a pretty woman that this sexist twerp made the picture. As it stands she hasn't 'whored' herself out in any way at all. Just like the guys at with the makers of Halo 3, Metal Gear Solid 4, and Mass Effect she has done interviews because she is the one overseeing the completion of the game. They haven't had her were some slinky dress, show cleavage, or wear short skirts at all, just given interviews at game conferences and ViDocs. If she were old and ugly this probably would never have happened, but it's because she is a young, intelligent and attractive woman that the perverts come out of their parents basement to draw hentai of them.
@ZippyDSMlee - I apologize, I didn't mean to diminish the impact of violent threats. I'm only speaking on the placement of responsibility for the actions in question. And since I felt GP handled the threats against JT appropriately, I'm in the boat that thinks JT's legal actions are unfair to this site.

Likewise, I'm unsure if I'd consider SA being under the same obligation, if the picture isn't actually on their page. Therefore:

@Jackdontknowjack - That's pretty much what I was thinking. Ubisoft's digging themselves into a big hole here by going after SA, and not Chugworth Academy itself (@Kincyr: that was a good idea. I'd have assumed Ubisoft would think to track down the IP address of the actual page with the image and give a C&D to that person, but why be sensible about this?). Whether or not this counts as parody is going to be moot point if the case is thrown out because the plaintiff doesn't own the material, or the webspace where that material exists.
I've seen the comic and I say that it's very disgusting (not in goatse kind of way, but then goatse didn't actually insulted anyone) and totally lacks taste. I know that some will say that it's just a parody, freedom of speech and that nobody should be sued because of it.
You are probably right...but then you could say the same for goatse.

But looking at the comic makes me believe that the creator is a total loser who has never seen a pussy in his whole life and that the only lover he ever had was his hand.
And I'm probably right too :-)
Thanks, GryphonOsiris.

By all accounts, she's a consumate professional, and is highly regarded. You've confirmed what I thought, pretty clear case of sexism. Kudos to Ubisoft fo watching out for it's own.
@Bustahwolf
"I’d have assumed Ubisoft would think to track down the IP address of the actual page with the image and give a C&D to that person"

They have. Nearly all of the links on Something Awful no longer work, as the image hosting sites have banned the accounts who uploaded the image. The original (which I reported) is one of the few left.
@Bustahwolf:

But -- and there's always one -- if the claim is not that I've been defamed but, rather, you're violating my rights to image and likeness, then the issue isn't about the actual conduct required for re/publication but becomes whether hyperlinking to the image /likeness constitutes impermissible use.

To the same example for the new circumstance, what difference does it make whether GP posts the actual image in his article for all to immediately see or he merely hyperlinks to it in the textual body of his article? He's clearing "using" the image, I'd argue. Question is: is it a "fair use?"

These are (I think) interesting legal issues. I think the law in this counrty approaches the first (slander/libel) as being more about free speech. The second (image/likeness) is more about property rights.
@Kincyr - My mistake! Currently I'm in a place where I cannot view the image, so I wasn't fully aware of that situation.

@Jack - Assuming the content is slanderous or violating someone's rights, I think your example would need to show "intent" from the webmaster. I think the lawyer would have to prove that A) the owner of the website was aware of content placed by other people, and B) the owner chose to allow access to that content to his/her audience through his/her inaction.

That's a possibility here. Lowtax has clearly stated that he considers himself to not be responsible, and will not act on the C&D. Now could that be construed as some sort of web-based "conspiracy to distribute", assuming that the image isn't ruled parody? Dunno... but you're right, that would be interesting.
@GryphonOsiris;

The comic was not a commentary on Jade whoring herself out. It was a commentary on Ubisoft whoring her out. Where are the interviews with the actual game creators? (Aside from Patrice plz, k, thnx.) Every picture you see of anyone working on the game always has jade front and center with the group four feet behind her. She brings the talent together, makes every department work with one another..She does not actually work on the game. She's an admin at most. That is why the comic was made. And frankly it won't hurt her career one bit (As she, or Ubisoft may claim.) She'll get over it. Frankly she should be pissed at her employer for making a big deal out of it. No one would know about it otherwise. Something Awful is so far past it's prime it would have slipped into obscurity were it not for Kotaku, Joystiq or GP.
@Eville1

"Where are the interviews with the actual game creators?"

Now that's not entirely fair. It is QUITE common in promoting a game to spend lots of time talking the higher portions of the chain of command, as opposed to talking to individual developers. Seriously, think about it, When Bioshock came out there were maybe half a dozen voices TOPS. Most of the articles, videos, previews and hype were falling all over themselves to talk to Ken Levine. It doesn't surprse me that Ubisoft and Assassin's Creed aren't much differenty
@jadedcritic;

While it may be quite common it's not everyone's only option. Look at the amount of people interviewed for Halo3. Regardless, they don't have a case to begin with so, sucks to be Ubisoft. Sad, I like the game. I'm having a blast playing it and Ubi Montreal is one of my favorite design teams.
@Bustahwolf, who wrote:

"@Jack - Assuming the content is slanderous or violating someone’s rights, I think your example would need to show “intent” from the webmaster. I think the lawyer would have to prove that A) the owner of the website was aware of content placed by other people, and B) the owner chose to allow access to that content to his/her audience through his/her inaction."

A) Proof that you know or should know what the content of the site is accomplished once it's proved that you own/manage the site. You can't be both publisher and claim ignorance of what gets published in your publication. Ain't nobody buying that.

B) That's the pothole, right there. Once you know or should know that you got some hinckey content in your publication, you gotta take it down. And if you don't take it down (even if you didn't put it up yourself), you might be on the same hook as whoever put it up in the first place. And, again, if you own/manage the publication, the "I didn't know it was up there" defense probably ain't a winning defense.
Eville1,

Forgive me if I'm wrong, but wasn't the Halo3 team giant in comparison? Instead of cross comparing developers (especially comparing exclusive/non-exclusivs), why don't you just look at Ubisoft's history?
@Bustahwolf:

That's why a smart attorney immediately sends a cease and desist letter to the publisher. Lets 'em know: (A) the hinckey stuff is up and (B) they gotta take it down. Two birds, one stone.
It is a cartoon, a parody. Sure it is in bad taste but it is hardly something to fly off the litigious handle over. Get over it.
Raymond has a computer science degree from McGill University and her first job was programming games for Sony. A few years later, she moved into a producer role at EA, and she has since been producing games. Currently, Jade Raymond is the producer of Ubisoft's action-adventure game Assassin's Creed With a specialty in creating and designing online games, Jade began work at EA as a producer and went on to be the Producer behind one of EA's most popular online games to date, The Sims Online. Since then Jade has moved on to Ubisoft, located in her home town of Montreal, where she became the producer for Assassin's Creed.
The comic is retarded because the artist is retarded, but the point that it's trying to make in its own retarded way is not. Apart from the forums in which she talks in an either flirtatious or maybe just dumb way, she is set to appear in Maxim, which really is just whoring out to promote the game. Also the artist runs his own website where the image is as of yet being displayed, on its main page, and yet has not been bothered by Ubisoft. I doubt they really mean to take legal action against Something Awful anyways. Ubisoft is just trying to intimidate people to stop them from doing something completely legal which fairs badly for them. I would not have even known about this thing if they hadn't made such a big deal over the Internet, which everyone knows is serious business.
@Jack,

That's true, however... now that I've seen it, I'm inclined to join the "it's just a parody" group that thinks a lawsuit wouldn't hold up.

Please don't take that as a positive on the comic at all. Aside from being obscene, it's also immensely unfunny and stupid. But poorly done satire is still satire, and I'd consider this image as one.

If this was the absolute worst way to make this joke, then for a counterpoint I'd consider the VG Cats comic "Coco Beans in Warm Water". While not actually showing anything, one of the gags was an implication that Hilary Clinton was giving fellatio to Jack Thompson during a press interview. When I first saw this, I felt it was funny and good commentary for what I'd consider political pandering over the video game. I'd understand if Senator Clinton would be offended by the image. I also understand Thompson's offense, though I didn't support his take on the ensuing email conversation he had with Scott Ramsoomnair. If I think that was a parody, then I'd be hypocritical to say differently for a comic attempting the same type of gag.

Still, I wouldn't want to stop Jade or Ubisoft from expressing their outrage... I dunno, if I were Ubisoft, I think I'd make a statement. Say that while I understand the freedom of expression, I wish to condemn this image that I find highly offensive of our employee, who doesn't deserve to be imaged in this way, etc.
I search high and low to find the damn comic and that's it? That's all there is? My god people are acting like it's the holy grail. Oh well I can guarantee that the author could've made his point clear without being so crude and vulgar (and if he did it just the right way it could've been funnier too). Oh well. Tis parody at the least and so i doubt this will go anywhere.
ive seen it. Its not that bad really. reminded me of CAD's art style too
The basic premise of the cartoon is that the woman has to give Bjs for people to buy the game. However it's done in a less than tasteful way, it's not pornographic though despite what their lawyers would like us to believe, (nor would it really matter anyway since this IS the internet after all).

I can guarantee though that Mad TV could try the same thing, only slightly less vulgar without fear of a suit from ubisoft.

Though in any case all they have to do is change the name to something that sounds like Jade Raymond (like say Jady Ryemod) and then the thing would be perfectly fine.
@Father Time

Seeing some of the other stuff this guy has done in the past I doubt he could do it without being vulgar.
@gryphon

What i meant was, he didn't need to be so vulgar, he didn't need to be so crude, in fact it probably would've been funnier if he wasn't.
Anyone who says "this is totally out of line" was obviously not paying attention to the way that Ubisoft hyped Jade Raymond's Breasts - ah, excuse me, I meant to say "Assassin's Creed".

Seriously. It's crude, but it was coming.
I normally don't post my comment on these sort of things but I had to point this out

I actually used to work for the law firm involved in this case (Nixon and Peabody). They gave me a job working on censoring documents for a class action lawsuit out of their Albany branch. I know a few of these guys personally and, although they're a fun bunch of people to work around, they do know their stuff.

IDK why they'd be going after something so obviously protected by the 1st amendment (well maybe it is slander, it's tough to tell how a money **** is handled in a legal sense).
can it really be protected by the 1st amendment if the creator of the comic lives in the UK?
Ummm. I can understand being appalled at how tasteless that was, but a legal threat? Why don't lawyers, especially aspiring corporate ones, ever take Common Sense 101?

What is it with Yankee lawyers being all to eager to throw lawsuits around, especially before they've thought about the consequences for more than a few seconds? I mean it's worse than how fast my little brother used to whip out the middle finger in response to ANYTHING...
I'm finding it very interesting how many comments on this page are of the "Ubi Soft shouldn't have used Jade Raymond's attractiveness so much" variety. Jade Raymond is the producer of the game. As noted above, she has a degree in computer science and her first job was as a game programmer. And it is usual for producers to do interviews and publicity for their games. During the development of Eternal Darkness, Denis Dyack was giving interviews to the press and taking questions on the IGN message boards seemingly constantly. David Jaffe gave dozens of hours worth of interviews when God of War was in development. And lest you think that Jade Raymond was the only person anybody ever talked to about Assassin's Creed, I only have to do a brief Google search to find several interviews with a man named Patrice Desilets who was the game's creative director.

It's as if certain people here (not everyone, but you know who you are) have seen Ms. Raymond's picture, noticed that she's quite attractive, and immediately assumed, "She must be giving out interviews because she's great eye candy," never once considering that maybe it's because she's the person most knowledgeable about the game. How many of you have actually read the interviews, I wonder? How many of you have taken the text of her interviews and put them next to that from an interview with a male producer so that you could judge for yourself whether there was anything more to her than a pretty face?

Very few of you, I would wager. It's much easier to just assume that she's a strumpet. I say again that I don't mean this to be a blanket accusation. This post is really only addressed at those of you who have harrumphed that Ms. Raymond dared to give interviews talking about her game while simultaneously possessing an attractive female face. The nerve of the woman! At the very least, though, this has served to remind me that even though I hold this blog in very high regard, it's no more immune to occasional bouts of sexism than any other male-dominated blog.
"Very few of you, I would wager. It’s much easier to just assume that she’s a strumpet. I say again that I don’t mean this to be a blanket accusation. This post is really only addressed at those of you who have harrumphed that Ms. Raymond dared to give interviews talking about her game while simultaneously possessing an attractive female face. The nerve of the woman! At the very least, though, this has served to remind me that even though I hold this blog in very high regard, it’s no more immune to occasional bouts of sexism than any other male-dominated blog."

no offense, but (PHAT RHYMES ALERT) are you dense

it is one thing for a producer to be the public face of a game. Jade Raymond was the PUBLIC BREASTS. What is not the issue is the fact that she gave interviews and spoke out about the game. The issue is that both Ubisoft and the gaming media noticed that she was frequently getting more reactions than the game was (especially as it hit it's various development hurdles), and they took advantage of it. I can't say I've exposed myself to all the media Mrs. Raymond is present in, but those of us who were paying attention to the "story behind the story" noticed that Ubisoft was quick on the uptake to realize when Assassin's Creed became Jade Raymond's Ass (and also some ass in creed), and quick to exploit it.

Now, whether Jade herself was complicit in this ploy is unknown to us, but it's hard to believe she was completely unaware of what was being done. I'm not saying she deserved that comic, but it certainly didn't appear simply because "WOMAN SHOULDN'T BE TALKING DURRRRR".
This is apparently the e-mail Lowtax sent in response to Ubisoft's legal threat (as posted on the Awful Forums, oh and heads up, some may find it very offensive).

From: Rich "Lowtax" Kyanka (webmaster@somethingawful.com)
Sent: Thursday, November 15, 2007 9:06 PM
To: 'Anderson, David' Cc: A BUNCH OF FRENCHIES
Subject: RE: NOTICE: Infringement of ASSASSIN'S CREED Mark and Jade Raymond's Personal, Privacy, and Publicity Rights

Please let it be known that hereforth I have read the express mail and email sent thereforth by Famous Lawyer David Anderson of the Famous Lawyer Law Business of Nixon Peabody LLP, and furthermore a declaration shall be expressed on the part of Internet User Rich “Lowtax” Kyanka that thatforth herethrough I have conducted rigorous tests implemented through a vigorous barrage of legal studies, and furthermore hitherthrough these rigorous tests have therefore proven Famous Lawyer David Anderson of the Famous Lawyer Law Business of Nixon Peabody LLP shall be recognized as a man of the fag persuasion.

Pursuant to the United Dairy Council

Rich “Lowtax” Kyanka Internet
@Xantar:

Have YOU listened/seen/actually read her interviews? The live stuff, walkthroughs and ad lib she did were awfully poor.

You don't come off as morally superior when you're judging people for judging people.
X, Eville1,

Yes. I watched her interviews. I'm not seeing your issue. Sure, not very deep in terms of content, but I've seen many producer interviews - and not all are as outspoken. This is a tried and true case of sexism, even down to the defense of "She deserved it!" No, she didn't. She only got that treatment because she's an attractive female, and no one that 'supports' this comic has taken two seconds to look past that to her obvious professional merits.
Yes, the comic drawn was sexually crude and did seem to point out the fact that Jade is female.

But, gauging some of the responses in support of Jade, it seems they want to shovel blame on the artist and want to make him a scapegoat of sexism. As far as I know, the artist is not employed by Ubi-Soft or any game company. He is not the cause, but just a result. The fact is we've all known about the elephant in the room and the elephant is that the game industry is a male dominated fantasy land much like the muscles and tights of superhero comics and wrestling. The artist is not representing an industry that drags its foot on hiring women and also creating more games that appeal to females. The artist is also not responsible for making games with jiggly bosoms and damsels in distress.

Honestly, if we wanted to make this into a case of 'artistic responsibility', then I would say there would be a bit of hypocrisy for defending GTA's prostitute abuse while condemning the artist.
If Jade Raymond was really so bothered by the comic why didn't she make it a persona lawsuit, instead of Ubisoft trying to threaten away something miniscule which is never the less a stain on their producers gameselling face. Since this started I've been thinking, like alot of other people that it's jut some idiot trying to look useful in the legal department and Jade was not even really involved.
I have to disagree with people saying that the Jade Raymond interviews were about showing off her physical attributes. With the exception of the one with the Frag Doll (where she was sitting in a chair in classic interview style), all the ones I've seen were head shots, and her 'glands' weren't even in the shot. Men make the mistake that when the spokesperson for something is a pretty face that automatically she is being used like one of 'Barker's Beauties" from the Price is Right. If she were old and ugly or a man no one would have a problem with it, but since she's young and pretty people jump to conclusions that she is just T&A eye candy, regardless of how qualified she actually is.

Now, if all of her interviews were done with her sitting in a skirt that shows lots of leg and showing more cleavage than the Grand Canyon then yes, they would be using her looks to sell the game, but that wasn't the case. People are reading too much into the fact that she is a young woman, instead of some geeky looking guy. To quote Freud, "Sometimes a cigar is just a cigar."
And to think. I saw the comic before all the hooplah on the original site. Haha. It's not even in his archives, he just posted it on the front page whilst doing his regular updates.

I'm gonna go see if he still has it up.
A yep, he still has it up under the comic it was archived with after all.

I wonder if they know who actually drew the thing outside of the people that obviously posted it on the SA forums and those, like me, that saw it on the original website.

And no, I'm not linking it because Dennis said so. :P
@Jade

I think this is DISGUSTING, you must be very upset.. if you need somebody to talk to about it, i'm available.. perhaps over drinks ;)
NOBODY HERE FUCKING SAID SHE DESERVED IT

(except me, to say I WAS NOT SAYING IT)

"I have to disagree with people saying that the Jade Raymond interviews were about showing off her physical attributes. With the exception of the one with the Frag Doll (where she was sitting in a chair in classic interview style), all the ones I’ve seen were head shots, and her ‘glands’ weren’t even in the shot. Men make the mistake that when the spokesperson for something is a pretty face that automatically she is being used like one of ‘Barker’s Beauties” from the Price is Right. If she were old and ugly or a man no one would have a problem with it, but since she’s young and pretty people jump to conclusions that she is just T&A eye candy, regardless of how qualified she actually is."

well, I have to disagree with you, and remind you that it's setting up a straw man to say that WE say that Ubisoft set her up solely as eye candy. No, Ubisoft is too smart to do something like that. What they did was a lot more subtle (especially for Ubisoft): they recognized that people were noticing she was a bit more attractive than Will Wright or most other game producers interviewed, and they cashed in on it. I am willing to bet money that if a chart were made of this game's media exposure, there would be an obvious point where it from Ubisoft and the development team telling us about the game to Jade Raymond telling us about the game.

Don't focus on semantics - when I say "breasts", I mean "the sexual appeal of an attractive woman to the average man". After a while, the advertising campaign stopped being about what kind of game Assassin's Creed was and started being about hey, check out this Jade Raymond girl, she made a game!
And people wonder why women shy away from game development. Look what happens to you if you're successful and don't hide in the studio away from cameras and your fan-base. -_-

All the articles I saw that were LOOK A GIRL! were by online news outlets that Ubisoft wouldn't have had any direct control over. Want to make a point about gamer culture's issues with women, mock the dude over at Kotaku who can't write about a female game developer without referencing her scent in the title.

And the maxim thing was a rumor that Ubisoft and Raymond have denied. It's not evidence that she was really whoring herself out.
"All the articles I saw that were LOOK A GIRL! were by online news outlets that Ubisoft wouldn’t have had any direct control over."

that doesn't change the fact that Ubisoft changed their promotional tactics to center on the producer, not the game.

It basically went like this:

Ubisoft: "Here today to talk about development of Assassin's Creed is producer Jade Raymond..."
Media: "Oh hey, a girl!"
Gamers: "GIRL!"
Ubisoft: "Wait a second..."

*later*

Ubisoft: "Jade Raymond is here today to talk about Jade Raymond's Assassin's Creed is Jade Raymond, producer of Assassin's Creed. Jade Raymond, everybody!"

Nothing can change the fact that Ubisoft is complicit in the exploitation of the fact that the producer is a female!
I see nothing wrong with this stupid though a bit amuzing comic...its a parody, you can make make an ass out of anyone in a parody, remember??? Its this original freedom of speech idea...

Obviously Jade would be offended but compared to political parodies this isn't that bad... Just wait till 08s hilary parodys and get ready to throw up...

I don't even see why Ubisoft can demand that links be removed, it isn't even pornogrpahic and obviously the controversy will boost their sales so I don't see why they would be mad about, oh wait now I know why there is a problem to start with, Ubisoft wants free publicity...
X,

I've seen those same interviews, and saw no such thing. Your interpretation is either slightly off, or you are equating gamer press with official tactics. And again, my call of sexism is not centred around, "DURR WAOMAN TALKING" as you say, but centred around the fact that you believe, at your core, that her popularity and front-and-center of the promotion are due to her sex appeal to the male fan base.

This is doubly sexist:
-That men ony see boobs, and are required to do so to be quintessentially "man."
-And that you can't see past her attractive attributes to her OBVIOUS professinal savvy.

Watch her interviews, then watch Will Wright's (your example, not mine). Not to knock, him he's rather brilliant, but she has an outspoken nature and repour with the interviewer that he doesn't have. Now, her level of nuts-and-and-bolts jargon might not be as high as Will's, but they both use the skills they have professionally and skillfully. (I'm not getting into a "who's better war" - just an example of stylistic difference).

The very notion that she is only in the fore-front because of her sex appeal is sexist at the core, especially when you take her skills in account.

"And people wonder why women shy away from game development."

Ditto that for any techie field.
I'm sure the those on the moral crusade to save some poor wittle girl will take offence to what I'm about to say. But such is life.

Men in the public spotlight are insulted every day of the week. Political cartoons are the norm. But here we have people reacting as if the comic was showing the likeness of Mohammed or some such.

To be honest I can't say if Ms. Raymond is qualified for the job or not. And that is THE PROBLEM. We can talk until we are blue in the face about how sexism in the game biz keeps the power wittle women out. But doesn't that erode the basic foundation of gender equality?

As long as the masses, like sheep, feel that modern, free and independent women must be protected from the world, we will live in a world where women are treated as children.

Is the comic rude? Very much so. But does it also point to the very heart of the issue? Very much so.

A cynic would note the irony in a attractive woman being the first female game-producer of note this console generation. What does that say about our corporate overlords? What does that say about us? What does that say about equality? Should the pretty girl get ahead? Should the pretty boy?

If looks count, then does that mean we can judge people by what they look like? History shows what kind of mess that causes.

I do not know this Jade person. I am not privy to the rational used by the company in it’s choice to attack, rather than ignore, this political cartoon. But I know this much.

The game industry, like all of entertainment, is no less ruthless than any other part of corporate America. Some people fail, some succeed. Some are mocked by the public for the most minor of reasons. That is the nature of business.

But as long as America is unwilling to see women fail, then none of their successes will be real. Women will continue to be reduced to advertising, items used to directly or indirectly improve the company’s bottom line.

The appearance of something is much cheaper than the real thing. Take a walk behind any theatre’s set. But until the social norm is willing to let everyone fail, then we don’t have equality, just the appearance of it.
RandomDude,

Excellent post, you point out the very real issues behind this, which I have been trying to bring out, and have been forced to deal with pettier sexist issues.

However, the save the poor little white girl line is detrimental to the rest of your post, and really serves no purpose save to invite immature responses.

"Men in the public spotlight are insulted every day of the week."

Yes, but men in Jade's position aren't even thought of as sexual, and judged on what they say, or how they say it. The only prominent male figure in the video game arena that has been even remotely as comically lambasted is Reggie from Nintendo (different position, I know). And even though it's his job to "whore" himself out for Nintendo (PR people will hate me, but it's true), has he been accused of fellating the masses? Nope.

Raymond's work is easily comparable to her contemporaries. I would be willing to out her as an airhead with a pert rack if there was any evidence of such a thing. But I see none in her attire, interviews, and professionalism. The only 'evidence' out there that says she's only there for "hawtness" sake is largely mnufacured by the gamer press. This reeks of sexism.

I detest people who "hot" their way into popularity, who have no other skills (Hayden Christensen, and Jessica Alba come to mind). And if the debate was over the content of her developer interviews and behind the scenes stuff, then I'd be more willing to see your point.
X,

"And I'm right!"

Umm, no. You have that opinion, and nothing to back it up. You think she has no skills, I disagree. Perhaps you should scroll up to where a kind person linked to the Wikipedia and educate yourself on what a Game Producer does. And then watch other producer interviews. You'll find that some are better than Raymond, some worse. Unless you can link to specific cases where she's just being eye-candy, I'm calling bullshit here. Every behind the scenes with Raymond (on Assasins Creed) I've seen (linked from her fansite, and googled) is fairly standard Producer fare, and at very least can be labelled professionally competant.

I'm not saying you are sexist, but your judgment is either sexist, ignorant, or baseless opinion - take your pick. Sensational? I don't think so - try researched and rational. Equals? That remains to be seen. I doubt it, but have been known to err on the side of ego. I will leave that judgement to others that read this thread.
They should have refrained from doing it (I mean the Ubi people). Now everyone's talking about it. Things are worse now. Which is a pity.
@the1jeffy

Equality is what it is. You cannot pick at it and try to just take the good parts.

My post is what it is. Do not think we agree because you pick at it and take what you consider to be the good parts.

I think you've missed my point all together.

"As long as the masses, like sheep, feel that modern, free and independent women must be protected from the world, we will live in a world where women are treated as children.
"

Sexism will exist as long as women (and their male "protectors") cling to the old rules.

Nothing worth having in this life comes without pain or sacrifice. When women are robbed of their chance to fail, when people are too quick to rally against the 'sexist', half the human race is robbed of true achevement.

Is that what you want?
"You think she has no skills, I disagree"

HOLY SHIT CAN YOU FUCKING READ

WHERE DID I SAY THAT

WHERE
I've seen nothing to indicate that she's failed as a producer yet. As far as I can tell the only things she's failed at is being male.

I don't think anyone is arguing that she needs some white knight to swoop in and save the day. The lack of a protector is not the problem. The over-abundance of baseless attacks is the problem. Were the attacks based on her actual conduct it would be a much different story. I have yet to see anyone disagree with anything specific she has said. I've only seen dismay at the fact that there are pictures of her and vague accusations of her being unqualified.

I do think the gaming industry has its share of the blame. The now dead E3 is the only professional conference I've ever heard of that manned their booths with models rather then, you know, professionals from the industry.
It's a parody, that's all it is, live with it. Everyone should just quit whining, get off their high horses and move on to something more important.
"The lack of a protector is not the problem. The over-abundance of baseless attacks is the problem. Were the attacks based on her actual conduct it would be a much different story."

@laterose

YES, because somehow, overnight, Something Awful + Chugworth Academy became this pinnacle of journalism that is responsible for creating civilized public dialogue!
JAck dealt with it on the 19th... But I didn't hear quite enough substance on what I thought was really interesting.

It's a parody. Nobody is going to get sued for anything there. No libel, no slander, no nothing. We've all established this, right?

But, assuming Ubi goes after the original artist and website who hosts him... How culpable is he for trademark infringement and "image reproduction" (to which we assume that Jade, as an employee signed away to Ubi) as far as litigation and awards?

And, if it is seen as a reproduction issue, can Jade sue personally under a "defamation" type lawsuit? Or does that also use a libel standard to be judged on?

Can you have both? Jade, as a corporate copyrighted image, being reproduced without permission AND her, as a private citizen being defamed? Cake and eating?

GamePolitics ShoutBox

Posted 11/23/09 at 10:08am
Rodrigo Ybáñez García: http://tinyurl.com/ye6x9nv
Posted 11/23/09 at 10:08am
Rodrigo Ybáñez García: The very definition of "Lucky Shot":
Posted 11/23/09 at 07:56am
DarkSaber: http://tinyurl.com/yl2vfw6 Here's the link, good for conspiracy theories.
Posted 11/23/09 at 07:42am
JDKJ: Leaders never follow. Followers never lead.
Posted 11/23/09 at 06:48am
DarkSaber: Anyone been following this Hadley Climatic Research Centre server hack story?
Posted 11/22/09 at 11:48pm
ZippyDSMlee: AE:they feeding you well? I am enjoying win7 and heading to bed...uhg I need to get up early and start back to cleaning/painting blahg >< need tog et stuff done befor thanksgiving....
Posted 11/22/09 at 11:41pm
Andrew Eisen: Just got home from an eight hour recording session at Capitol Records. A lot of fun but damn exhausting.
Posted 11/22/09 at 08:44pm
BearDogg-X: 10 N. O. Who Dat?
Posted 11/22/09 at 09:45am
ZippyDSMlee: JD:I think doc phill is still sout about the break up with his wife he dose not fill holes as much as make them bigger these day
Posted 11/22/09 at 12:06am
JDKJ: You should get Phil McCraken to help you spackle those banisters.
Posted 11/21/09 at 11:57pm
ZippyDSMlee: Oh in the pirate hunter article I need my song ieda heckled DS,JD,Beemon sic im !!!
Posted 11/21/09 at 11:56pm
ZippyDSMlee: JD:no I am tried from prepping the banisters for painting , worked on them from 12 to 4 and 6 to 8...after I got back from the store...got up early got ready...blah...been up all day..I need a nap...
Posted 11/21/09 at 11:42pm
JDKJ: No. You gonna stay up late tonight soldering?
Posted 11/21/09 at 11:41pm
ZippyDSMlee: JDKJ:Don't you mean Mctite?
Posted 11/21/09 at 11:33pm
JDKJ: @Zip: Neil, Bob, and Lik McTaint. The McTaint brothers. LOL!!!
Posted 11/21/09 at 09:44pm
Flamespeak: I still think military personell, killing other military personell, on a military complex should be handled by military courts.
Posted 11/21/09 at 09:43pm
Flamespeak: I could see this a mixture of the two charges rather than just one or the other.
Posted 11/21/09 at 09:43pm
Flamespeak: I think this was mainly a person who snapped, but evidence is showing he definitely had strong inlinations to islamic-extremism.
Posted 11/21/09 at 09:41pm
Flamespeak: People are trying to claim that Hasan's actions were not terrorism. I don't jump on the 'terror train' like others, however
Posted 11/21/09 at 09:38pm
mentor07825: Britain certainly does deserve it! And the French! God damn it, it was a hand ball!!!
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