The 6 Most Frivolous Videogame Lawsuits

Though the videogame industry is still young, it is no stranger to legal battles. As new technologies develop, new lawsuits arise, some of which raise an eyebrow to why a court would hear The Case in the first place. From intellectual patents to advertising placement, these 6 lawsuits are some of the most ridiculous to rise from the world of gaming.


The Case:

Back in 2002, both Sony and Microsoft were sued for the use of vibration functions in their gaming controllers. Microsoft settled by purchasing a 10% investment in Immersion, while Sony pressed on and fought the suit.

Why it's ridiculous:

The lawsuit centered on the idea of an "tactile feedback man-machine interface device". Immersion holds a patent for a technology "that makes the player feel as if they are touching an object in the game." If there has ever been a Sony game that made a player feel like they are touching anything other than a controller, I haven't played it yet.

What will happen if they win:

Immersion did win the lawsuit. Sony must pay Immersion $97.2 million, in addition to royalties. The two companies have subsequently entered into a business agreement together. Sony fans can rejoice, for the foreseeable future they will continue to feel in game objects though vibration to their heats content.


The Case:

Take-Two Interactive sued Chicago Transit Authority, and the ad company Titan Outdoor, for removing advertisements for their game Grand Theft Auto IV. The removal of the ads happened after a Fox News report questioned the CTA for allowing the ads to run after a city-wide increase in crime, and the governor's public criticism of GTA. Take-Two Interactive cited a violation of both constitutional and contractual rights.

Why it's ridiculous:

Yes, CTA broke their contract with Take-Two Interactive by pulling the GTA IV ads. The fact is that the ads were pulled after a local news report questioned why CTA allowed advertising for a M-rated game when violent crimes in Chicago were on the rise. The unspoken implication is that the increase in crime was related to, not only the game, but the advertisements. If indeed there was a substantial increase in carjackings and other crimes in Chicago because of the videogame, then a city-wide increase of people filling their bellies with cheeseburgers, and wearing designer jeans must have happened at the same time. Who knew advertising was so powerful?

What will happen if they win:

If Take-Two Interactive wins the lawsuit then, aside from financial compensation for the breach in contract with CTA, there will have to be some sort of public recognition of how the press influences the climate of gaming.


The Case:

Eros is a maker and seller of virtual adult-themed objects within the persistent online world of Second Life. Specifically, their products equip avatars with realistic genitalia, and engage them in sexual actions. They sued the online avatar Volkov Catteneo (a 19year-old kid, Robert Leatherwood) claiming he copied and sold one of their sex beds online.

Why it's ridiculous:

The entire lawsuit was based on the creation of a virtual object, that makes it possible for virtual people to do virtual naughty things. The idea that there is a company like Eros out there making money off of people in a MMO getting down and dirty is disturbing enough. The further thought that sex in Second Life can be copyrighted is a whole other world of disturbing.

What will happen if they win:

Eros did win. Robert Leatherwood is no longer allowed to make or sell Eros products. The public embarrassment he must have undergone for being 19 and living in his grandmother's basement making virtual sex products is far greater than any monetary value a court could have asked for. There must be far better was for kids to pass the time, and make money then creating virtual penetration in Second Life. Have the days of virtual lemonade stands already passed?


The Case:

Gibson sued Activision for a infringing on their patent for technology that simulates musical performance. In the process, Gibson also filed lawsuits against Harmonix, Viacom, and EA for violating the same patent, as well as retailers that sell Guitar Hero games, including GameStop, Walmart, and Amazon.

Why it's ridiculous:

The most ridiculous aspect of the lawsuit is that Activision is licensed to model their controllers on Gibson guitars, and have likenesses of their instruments appear in the game. It's like two kids building a sandcastle together, fighting over who did all the work, when the truth is they swooped in and stole it from a another kid. Didn't Konami have the idea a half decade earlier?

What will happen if they win:

If Gibson wins the lawsuit, then all future games that incorporate simulated musical performance will include Gibson instruments, with a cut of the profits going to the company. In addition, aspiring simulated rock stars may be the intellectual property of Gibson.


The Case:

MKR Group, owners of the copyright to George Romero's Dawn of the Dead, have sued Capcom over the similarities Dead Rising shares with Romero's film. Both the movie and the game feature a zombie invasion set inside a shopping mall. Though the game carries the disclaimer, "This game was not developed, approved or licensed by the owners or creators of George A. Romero's Dawn of the Dead," the MKR Group maintain that the similarities are too uncanny.

Why it's ridiculous:

It's undeniable that the movie and game have similarities, and that Capcom was well aware of them. The MKR Group is taking issue that the game is a dark comedy, with zombies in a shopping mall, and provides thoughtful social commentary. If there was any implicit commentary of capitalism in Dead Rising, I fully missed it. I just remember a bunch of stupid crap about bees.

What will happen if they win:

If the MKR group wins, then no future games will be able to place zombies in a shopping mall. To that extent, it will be difficult for zombies to be placed on either an island, or a farm. If the dead do rise from their grave, they better think twice about attacking people near stores or the MKR group may come after them.


The Case:

While no official lawsuit was filed against Sony, the Church of England took issue with the inclusion of the Manchester Cathedral in the game, Resistance: Fall of Man in such a way that it's close enough for us to include this. The Church of England asked for an apology a, a recall of the game or removal of the Cathedral from it, and that Sony make a substantial donation to the Church. The bishop of Manchester, the Rt. Rev. Nigel McCulloch, said in a press release, "It is well known that Manchester has a gun crime problem. For a global manufacturer to recreate one of our great cathedrals with photo-realistic quality and then encourage people to have gun battles in the building is beyond belief and highly irresponsible."

Why it's ridiculous:

Resistance: Fall of Man is a work of science fiction. If the game does indeed, "encourage people to have gun battles", in the church, then it raises an eyebrow why no one has yet to utilize alien weaponry in church pews.

What will happen if they win:

If the Church of England had indeed filed an official lawsuit and won, then the inclusion of any real-world locale in a videogame would be put under scrutiny. No longer would gamers be able to experience the reality of fighting hordes of aliens in a church, or be encouraged to take their gun battles to the pulpit.

Comments [36]

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monogatari

Wow, to add something to the history of ridiculous lawsuits in America. Impressive.

ChumDinger3

hahahahaha Eros vs. Leatherwood is definitely the funniest lawsuit up there. that's just priceless.

TheTeacher

lmao... great list. I actually never heard about the Eros v. Leatherwood suit before :)

Sire

Well, I know for sure that Gibson has been doing this since the 80's, other guitar companies like Ibanez and fernandez used to make Les Paul shaped guitars up until the late 70's. If you find one of these on ebay (the explorer shape as well). . they are known as pre-lawsuit guitars and they are in demand. So if you see a new Ibanez artist series or even the new ESP's (the kind james hetfield uses) they look like a retarded version of a les paul or explorer...Gibsons reasoning was that the shape of a guitar lends itself to the tone of the instrument, which I tend to agree, . but a toy such as GH's stuff doesn't have tone, so as lawsuits have become more frivolous over the years, I guess they figure that thy own the shape,, . . "just because" . . which is silly

Sire

and I'm not clean on the bed thing, . . was this kid selling a virtual bed? or a bed that he made to look like the bed in the game?..........either way, . . that's out of control,. . . the judge should be hung by his balls for ruling against the kid.

polo972

When there is money involved someone is always trying to sue for something.

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