Posted on 12/23/2004 11:22:59 AM PST by RicocheT
Topless teen wins trivia game ban
A PC, PS2 and Xbox-based trivia game has been banned in the US after a teenager alleged that the title contains topless video pictures of her, used not only without her permission but filmed when she was a minor.
Called The Guy Game, the software poses the player with a range of trivia questions. Answer them successfully and you're shown shots of young women cavorting on beaches, usually in a state of undress.
The plaintiff, who remains unnamed, took the game's developer, Austin-based Top Heavy Studios, and its publisher, Take-Two subsidiary Gathering of Developers, to court on the back of her allegations, and this week was granted an temporary injunction banning the game from sale.
The teenager claims to have suffered humiliation, embarrassment and shame as a result of her alleged appearance in the game, which went on sale in the US in the summer, offering piccies of "over 60 smokin' coeds" and "real video of actual Spring Break hotties". Women "proudly show off their 'assets' for your personal enjoyment", runs the game's spiel.
Unfortunately, the footage of the plaintiff was taken when she was 17 years old, she claims. That not only renders the content illegal, but her status as a minor negates any consent she may have given to the game's developers to take and/or use the material.
"The plaintiff is still a teenager and wishes to attend college, develop her career and be active in her community and church," the lawsuit said. ®
PICS???
(just kidding folks)
Correction!
Whether she was cavorting naked on the beach, or dressed in a formal gown; NO ONE has the right to publish your picture or likeness without your consent.
Consider, would you want to be published on billboards touting 'Weight Watchers', regardless of your measurements? You see, whether you are a 'before' or an 'after' picture is really inconsequential; as your image is being used to promote a good or service without your permission.
"You know, I'm going to start thanking
the woman who cleans the restroom in
the building I work in. I'm going to start
thinking of her as a human being"
Yeah.
Right.
Ha, what did you post last time to get almost sorta banned?
I'm with you. If you bare your breasts (or anything else) in public you have no right to complain.
"Our Lady of the Most Beloved Boobies," woudl be my guess.
Active in her church after allowing someone to film her topless? Sounds sketchy.
I also think the Freepers should decide whether or not she should be embarrassed. Let's get some pics in here.
Sure they do. Anything a photog can snap "in plain view," in public, can be published, and is published, legally, every day of the week. What you're thinking of is nobody can use a photograph or likeness of you directly for commercial profit without your explicit consent.
What she did may, or may not involve alcohol. She may or may not have been topless.
What matters is that a company took pictures of her (yes, even in public) and used them to promote a commercial venture without her consent, or in the case of a minor the consent of a parent or guardian. This is illegal; and EVERY professional photographer knows this.
Would you mind if a photographer took pictures of you at the beach, and plastered them on billboards selling .... Weight Watchers, or fake boobs, leg waxing, Tanning sprays, birth control, et. al.? Chances are you would be offended, whether you are a model or are overweight. The fact is that your image was used without your consent; and that is really all that matters.
Which, IN THIS CASE, is exactly what the software company is doing. The pictures of 'hotties' are what is being sold under the guise of a game.
Of course, they could remove the hotties; and if the game were worth anything, it would still sell. But, I think we all know that the game is crap; and players are hoping to be rewarded with various pictures of nekkid women.
If that's a forty cent word for "boobies" then ...no, at least I haven't seen them.
What denomination?
Movie review of "Girls gone Wild" from Mr. Cranky
http://www.mrcranky.com/movies/girlsgonewild.html
Exactly. I'm no lawyer, but I believe this woman has a valid case. That and the fact she was underaged in the photos.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.