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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InfophileBut hey, I'm not a mod here. It's up to them05/30/2015 - 7:36am
InfophileThat's really not conducive to a good discussion. It just puts people on the defensive. So yeah, I really think IP should try to hold back on that. I'm not sure a ban is in order unless they show they can't or won't change, though05/30/2015 - 7:36am
InfophileLooking through IP's recent posts, there are some that do add to the discussion. There are also a handful which add nothing and are just jabs or point-scoring. It feels like IP is treating the comments more like a battleground than a discussion, honestly05/30/2015 - 7:34am
MattsworknameAhh, that explains why I wasn't aware. I don't follow, like ,nor care for soccer05/30/2015 - 6:50am
Goth_SkunkThe top dog at FIFA.05/30/2015 - 6:49am
MattsworknameWhose Blatter conster?05/30/2015 - 6:42am
ConsterSpeaking of non-video games for a second, I'm seriously disappointed in people for re-electing Blatter, and disgusted by his speech afterwards.05/30/2015 - 6:32am
ConsterHe's at least 5 times as bad as GS.05/30/2015 - 6:31am
Goth_SkunkEIC of Gameranx apologizes for his recent conduct: http://ow.ly/NDBxn Frankly, I'm surprised this wasn't posted sooner.05/30/2015 - 6:31am
ConsterGS does have a point: IP, on his own, causes at least as much harassment, insulting, and holier-than-thou'ness, as all the pro-GG people on this site combined.05/30/2015 - 6:30am
WonderkarpI am not sure I agree that its Harassment, But I do agree that he doesnt bring anything to the conversation. Its too the point where whenever I see his name, I just Thumbs down and move on. Its all buzz words and accusations and rarely civil05/30/2015 - 6:22am
MattsworknameWell, best of luck on that, but im not holding my breath.05/30/2015 - 5:04am
Goth_SkunkI believe the time to pull the plug was long ago, but kept quiet knowing full well Iron Patriot cannot help themself. There is a mountain of evidence to support my claim. In my opinion, it is harassment, and it needs to stop.05/30/2015 - 4:35am
Goth_SkunkIt's not getting me down. Far from it. Nevertheless, the conduct is unacceptable and has gone far beyond what any patient human being ought to be expected to tolerate.05/30/2015 - 4:34am
MattsworknameDont let him get you down Goth, I just go look at kitten videos for a bit to get my posistive mood back05/30/2015 - 4:27am
Goth_SkunkIt is not conducive to a welcoming, open-minded environment that this site is supposed to be.05/30/2015 - 2:33am
Goth_SkunkIt's highly annoying. It adds nothing of note to any topic and is of no benefit to anyone. And the fact that it has not been stopped up until now is giving me the impression that site administration condones it.05/30/2015 - 2:32am
Goth_SkunkIron Patriot goes out of their way to attack, mischaracterize, dehumanize, and otherwise derail any topic where an individual is even remotely considering siding with GamerGate.05/30/2015 - 2:31am
Goth_SkunkI believe there is sufficient evidence to accuse Iron Patriot of harassment. I would like something done about it.05/30/2015 - 2:20am
Andrew EisenFirst I hear of the Frag Dolls in many years and they're disbanding. http://fragdolls.com/frag-dolls-farewell-2/05/29/2015 - 7:59pm
 

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