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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Have you visited a video game arcade in the last year?:

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MechaTama31I sure have. Dorky's barcade in Tacoma, WA.08/20/2014 - 5:56pm
Matthew WilsonI have not been to a arcade in years. I know arcades are still big in japan.08/20/2014 - 5:38pm
Sleaker@AE - Ah no it's called GroundKontrol - I was just referring to it as a Bar-Arcade.08/20/2014 - 4:39pm
Andrew EisenStill looking for confirmation that High Moon Studios (dev behind the PS3/360 versions) isn't working on it.08/20/2014 - 4:38pm
ZenGotcha.08/20/2014 - 4:37pm
Andrew EisenI already updated the story with it!08/20/2014 - 4:36pm
Zenhttp://www.gonintendo.com/s/235574-treyarch-isn-t-working-call-of-duty-advanced-warfare-for-wii-u-either08/20/2014 - 4:36pm
ZenLet me send the link for the Tweet as well...they state Treyarch is not working on it. Grabbing it now.08/20/2014 - 4:34pm
Andrew EisenWhere does it say that "NO dev is working on it"?08/20/2014 - 4:33pm
ZenHere's the link for my last comment: http://www.ign.com/articles/2014/08/20/call-of-duty-advanced-warfare-not-coming-to-wii-u08/20/2014 - 4:24pm
ZenWell, Call of Duty is skipping Wii U completely it seems...they updated that NO dev is working on it. Great way to just skip a market.08/20/2014 - 4:24pm
Andrew EisenYeah, Dave and Busters back in 2011 was the last time for me.08/20/2014 - 4:16pm
ZenWell, I tried lol. We just got a Dave and Busters on the beach but haven't been there yet...may go this weekend.08/20/2014 - 3:52pm
Andrew EisenIt's called The Bar-Arcade? Missed opportunity. I would have gone with Barcade.08/20/2014 - 3:25pm
SleakerThe Bar-Arcade however did have a lot of good pinball machines, they were however always taken as the place was packed..08/20/2014 - 1:17pm
Sleakerso I've been to an Arcade-Bar, not that great of a place has some okay machines, but generally over-packed. And then all the kid-friendly ones have is ticket-games nothing actually good unfortunately :(08/20/2014 - 1:14pm
Andrew EisenIf it has an area dedicated to arcade machines, I'd say it counts. Arcade machine in your house though, nope.08/20/2014 - 12:16pm
ZenDoes it count if you have actual arcade machines in your house?08/20/2014 - 12:01pm
E. Zachary KnightWith the current poll, I guess it all depends on how one defines "arcade". If Chuck E Cheese or similar multipurpose businesses count, then that is a yes for me.08/20/2014 - 11:59am
ZenLet the ax fall Sleaker...lessons MUST be learned...08/20/2014 - 11:44am
 

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