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Judge throws out GTA V vs Lohan case

Rockstar's long running lawsuit against Lindsay Lohan, which accused Rockstar and Take-Two of violating the right-of-publicity law, seems to have went in their favour.

The lawsuit was based on the "red bikini girl" found on the cover of the game and a picture of a woman being arrested by a cop. Lohan had claimed that these images were actually based on her likeness, although this seems to have been thrown out.

Reasons for throwing out the case seem to hinge on the fact that GTA V is a work of fiction and therefore doesn't fall under New York’s right-of-publicity law, under which a person’s portrait, picture or voice cannot be used for advertising or trade purposes without written consent.

"Even if we accept plaintiffs' contentions that the video game depictions are close enough to be considered representations of the respective plaintiffs, plaintiffs' claims should be dismissed because this video game does not fall under the statutory definitions of "advertising" or "trade."... This video game's unique story, characters, dialogue, and environment, combined with the player's ability to choose how to proceed in the game, render it a work of fiction and satire."

It's said that Lohan will be appealing this case.

Edited On 02 Sep, 2016

( 2 )
SilverShane's avatar
SilverShane 2 months ago
Well done rockstar !!
Massey's avatar
Massey 2 months ago
sad case she wanted money and what better to sue Rockstar

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