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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MaskedPixelantehttp://wccftech.com/ea-spying-file-snooping-origin-client-investigation/ Origin, which was spying on you, then wasn't spying on you, is spying on you again.07/13/2014 - 6:25am
ZenUm Masked...I have been playing the Sega VC games on the Wii U since the day it launched...what are you talking about? This just means they, sadly, won't do Wii U specific versions...but they are all still there and completely playable.07/13/2014 - 1:28am
Andrew EisenThanks to those who joined us for the live recording of the podcast. I'm working on ironing out the tech issues so next week's show should be even better! If you missed it, we'll have a recording on YouTube later. Possibly even an audio-only version.07/13/2014 - 12:38am
Matthew WilsonI hope after this genaration everything is backwards compatible becouse everything is now x86 architecture. with the exception of Nintendo of course .07/12/2014 - 10:54pm
Andrew EisenWhy do you hope we didn't buy any? They're still available on the Wii VC, which is accessible from the Wii U.07/12/2014 - 10:48pm
MaskedPixelantehttp://www.joystiq.com/2014/07/12/segas-plans-for-wii-u-virtual-console-are-non-existent/ Hope you didn't buy any Sega games off the original VC, since Sega has no plans on bringing them to the Wii U Virtual Console.07/12/2014 - 5:39pm
MechaTama31I think there are a significant number of jobs people will do for food that they will not do for an ipad.07/12/2014 - 8:39am
Infophilelabour (primarily among mothers and teens) and some show increased labour. Maybe it's a cultural thing in play that results in different outcomes in different societies.07/12/2014 - 6:53am
InfophileYou also need to take into account just how crappy it would be to only have the basics to live. But with competing forces at play like this, it's impossible to argue to an answer. We have to look to tests of it, and results are mixed. Some show decreased07/12/2014 - 6:51am
MechaTama31to be done, and some people really need jobs.07/11/2014 - 5:41pm
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Andrew EisenMaskedPixelante - That's probably because it's now available on the Wii U eShop for $8.07/11/2014 - 5:18pm
InfophileThat's not how human psychology works. It's all about "Keeping up with the Joneses." When everyone around you has a new fancy smartphone and is talking about that cool HBO series, do you want to be the one left out?07/11/2014 - 4:05pm
Matthew WilsonThe issue is most people would settle for the basics and not work. That is why we would need very heavy automation to make a system like that work. Almost all labor intensive tasks would have to be done by robot.07/11/2014 - 2:32pm
InfophileOf course, that's a gross oversimplification. The idea, have a basic safety net that pays for what's needed to live. If people can find a job and are willing to work, they get more money which can be spent on comfort and perks.07/11/2014 - 11:33am
InfophileIt's quite possible to get an economy to work with a basic minimum standard of living. You just need perks for the people who do work. Everyone gets food and a home. Everyone who works also gets an iPhone.07/11/2014 - 11:32am
MaskedPixelanteIn the continuing adventures of "Stuff I figured would be overpriced on eBay but isn't", 15 bucks for a copy of Mario and Luigi: Superstar Saga.07/11/2014 - 10:04am
SleakerI didn't gather the same conclusion.. Seems like they are focusing on devices & services still, just not calling it 'devices and services'07/11/2014 - 8:57am
PHX CorpMicrosoft CEO readies big shakeup, drops devices and services focus http://www.theverge.com/2014/7/10/5887143/satya-nadella-microsoft-ceo-employee-email07/11/2014 - 8:45am
MechaTama31declared that everybody should have them. Somebody still has to produce them.07/11/2014 - 7:44am
 

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