Kevin Butler Mario Kart Commercial leads to Sony Suing him

#61darkjedilinkPosted 10/6/2012 4:47:00 PM
Board_hunter567 posted...
GigaVolts posted...
OK guys, I just read something in the link in neogaf. The yaren't suing him for contract breach. It is for a Trademark infringement. They think the own His face

More likely just his likeness, or rather Kevin Butler's likeness. They consider that their IP.


You can't own a character's likeness if that character's likeness is only shown by a real person. Otherwise, you wouldn't need permission from the actor to put that actor's character in the game. As an example, there's a reason why the only Star Trek character from any of the shows or movies that actually looks anything like the character on TV is Spock - even though CBS owns the rights to all shows and characters in those shows, Cryptic Studios still needs the permission of the ACTOR to use their likeness.

Sony owns the Kevin Butler character, but they do NOT own Kevin Butler's face. They can't even USE Kevin Butler in anything that would look or sound remotely like what we've seen on TV without the actor's consent.

This lawsuit will be thrown out VERY quickly.
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#62darkjedilinkPosted 10/6/2012 4:48:10 PM
Board_hunter567 posted...
GigaVolts posted...
That is stupid. They own his face? If that is true, this lawsuit is worse than the Apple lawsuit for using a rectangle and screen.

The magic (and stupidity) of patents.
But seriously, it's possible that there's also a non-compete clause somewhere in there.


Which wouldn't apply, since the contract for this commercial was from Bridgestone. Sony doesn't make tires, and therefore doesn't compete with Bridgestone in any way.
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Gaming is like a pair of boobs - Sony and Microsoft fight over whos boobs look more realistic, while Nintendo is about having fun with them - Walkiethrougie
#63FlarethPosted 10/6/2012 4:53:54 PM
PENDRAG0ON posted...
Jinzo 111887 posted...
Sony loves filing lawsuits. They sued when Bleem! used the PSone bios, they sued people who hacked their PS3s, now they're suing their old salesperson. I wonder if I left anyone out and who might be next.


They sued Lik Sang into oblivion for allowing people to import PSPs.

Oh, I was so pissed of at that. Sony acting like a bully is nothing unheard of.
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#64shampoowarriorPosted 10/6/2012 4:54:15 PM
Ahahahaha, Sony.

You can't write stuff this good.
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#65GigaVoltsPosted 10/6/2012 5:18:09 PM
darkjedilink posted...
Board_hunter567 posted...
GigaVolts posted...
OK guys, I just read something in the link in neogaf. The yaren't suing him for contract breach. It is for a Trademark infringement. They think the own His face

More likely just his likeness, or rather Kevin Butler's likeness. They consider that their IP.


You can't own a character's likeness if that character's likeness is only shown by a real person. Otherwise, you wouldn't need permission from the actor to put that actor's character in the game. As an example, there's a reason why the only Star Trek character from any of the shows or movies that actually looks anything like the character on TV is Spock - even though CBS owns the rights to all shows and characters in those shows, Cryptic Studios still needs the permission of the ACTOR to use their likeness.

Sony owns the Kevin Butler character, but they do NOT own Kevin Butler's face. They can't even USE Kevin Butler in anything that would look or sound remotely like what we've seen on TV without the actor's consent.

This lawsuit will be thrown out VERY quickly.


Exactly. So why are they suing? Do they think they own him? As if he were a slave? Because last time I checked it was abolished in the US since 1863 and abolished through the Constitution since 1865. And Japan has been virtually free of slavery since the 18th century
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#66Toadster9001Posted 10/6/2012 5:27:59 PM
http://www.youtube.com/watch?v=0u9JAt6gFqM
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#67darkjedilinkPosted 10/6/2012 5:32:31 PM
GigaVolts posted...
Exactly. So why are they suing? Do they think they own him? As if he were a slave? Because last time I checked it was abolished in the US since 1863 and abolished through the Constitution since 1865. And Japan has been virtually free of slavery since the 18th century


Completely off-topic, but if you're referring to the Emancipation Proclamation, this actually isn't true. The EP was written in very carefully-chosen language to abolish slavery in Confederate states, but not in Union states (since there were a few states that still had slaves). It looked good, and sounded good, but since it didn't do anything in the Union, and the Confederacy didn't recognized Union authority, it didn't do anything but garner political points with the people who already voted for Lincoln.

Sort of like Obama's stimulus package.
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Gaming is like a pair of boobs - Sony and Microsoft fight over whos boobs look more realistic, while Nintendo is about having fun with them - Walkiethrougie
#68LHS_2012Posted 10/6/2012 5:40:21 PM
darkjedilink posted...
GigaVolts posted...
Exactly. So why are they suing? Do they think they own him? As if he were a slave? Because last time I checked it was abolished in the US since 1863 and abolished through the Constitution since 1865. And Japan has been virtually free of slavery since the 18th century


Completely off-topic, but if you're referring to the Emancipation Proclamation, this actually isn't true. The EP was written in very carefully-chosen language to abolish slavery in Confederate states, but not in Union states (since there were a few states that still had slaves). It looked good, and sounded good, but since it didn't do anything in the Union, and the Confederacy didn't recognized Union authority, it didn't do anything but garner political points with the people who already voted for Lincoln.

Sort of like Obama's stimulus package.


Obama's stimulus wasn't symbolic like the Emancipation Proclamation, and it actually worked. Dissing the stimulus is why Mitt is having so much trouble in the Midwest...
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#69Toadster9001Posted 10/6/2012 5:44:21 PM
LHS_2012 posted...
Obama's stimulus wasn't symbolic like the Emancipation Proclamation, and it actually worked. Dissing the stimulus is why Mitt is having so much trouble in the Midwest...

Obamney supporters are so delusional.
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#70shootsmackPosted 10/6/2012 5:48:21 PM
Nintendo should be brought before a tribunal of our best and brightest on claims of malfeasance, as well as Breach of Ass. Our thoughts go out to Kevin tonight, as he stands a shining light of American Values, and we offer contempt and disdain for our contemporaries at cheap-lying waste-your-money Nintendo, who continue to bitterly reheat the bare minimum and sell it back to you for premium prices.
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