Teenager files lawsuit against makers of "The Guy Game"

explodet

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http://www.sunherald.com/mld/thesunherald/news/world/10464367.htm

A teenage girl who was photographed topless, apparently during Spring Break at South Padre Island, is now a "prize" in a video game that rewards players by revealing images of topless women.

"The Guy Game," available for about $40 for the popular Xbox and Playstation game consoles, touts "over 60 smokin' coeds" in its advertising, which plays to the "Girls Gone Wild" set: "Real video of actual Spring Break hotties."

The problem: the girl was 17 when she was photographed, which not only raises questions about the legality of the material, but renders moot any consent she may have given, according to a lawsuit filed Monday in Travis County District Court.

In the suit the girl, identified as Jane Doe, asked that any copies of "The Guy Game" with her in it be pulled from distribution. A judge granted a temporary restraining order prohibiting Microsoft, Sony and others from selling any of the games which used the girl's image, voice and name.
 
Sorry this transparent attempt at publicity is still not going to get me or most other folks to buy this POS.

Other companies that were sued included Gathering of Developers Inc., which designs, develops and markets video games; Sony Computer Entertainment America, Inc. and Microsoft Corp.

Umm WTF?
 
who cares?

cowbell.gif
 
Hehe, I live in Travis County. I guess the makers of The Guy Game are based in Austin, TX.
 
DarienA said:
Sorry this transparent attempt at publicity is still not going to get me or most other folks to buy this POS.



Umm WTF?

Wouldn't they be included because they approved said game? They take some responsibility for the content, as well.
 
stewy said:
Wouldn't they be included because they approved said game? They take some responsibility for the content, as well.
OMGWTFBBQ??? Spangenberg teh double agent? :P
 
stewy said:
Wouldn't they be included because they approved said game? They take some responsibility for the content, as well.

How is this any different than people suing Rockstar/Sony et al for the GTA games?
 
DarienA said:
How is this any different than people suing Rockstar/Sony et al for the GTA games?
Because that lawsuit is pure bull?

This is about an non-consenting girl in a game, which was approved by Sony/MS.
 
luxsol said:
Because that lawsuit is pure bull?

This is about an non-consenting girl in a game, which was approved by Sony/MS.

Bear with me on this one... because I have not played the game... but I was under the impression that all the girls in the game participate in these little competitions, you answer questions, and you see the outcome of said competitions....

Now I can't tell by the way this article is written whether it's one of those girls, or if the game also just has shots of girls flashing their breasts....

My question is how do you not consent to flash your breasts at a camera?
 
DarienA said:
My question is how do you not consent to flash your breasts at a camera?
By being under 18.
Technically, everyone who bought this game should go to jail. The makers and vendors too, for making and distributing child pornography. Kewl, HUH???
 
luxsol said:
By being under 18.
Technically, everyone who bought this game should go to jail. The makers and vendors too, for making and distributing child pornography. Kewl, HUH???

Ok stay with me here because I'm still thinking this through and I'll still need someone to correct me on the participation piece if I'm wrong.

As the article says the girl is featured on the website, so she consented to pictures bio, etc... she particpated in party games, for the game, etc.... ok so at SOME point during this whole process she's getting paid something. Which means she had to fill out SOME paperwork along the line... which means that she lied about her age somewhere during this process...

Color me confused but I'm still trying to figure out how that puts the producers and company at fault.

I'm not defending either side.. I'm just trying to understand WTF is going on here.
 
DarienA said:
Ok stay with me here because I'm still thinking this through and I'll still need someone to correct me on the participation piece if I'm wrong.

As the article says the girl is featured on the website, so she consented to pictures bio, etc... she particpated in party games, for the game, etc.... ok so at SOME point during this whole process she's getting paid something. Which means she had to fill out SOME paperwork along the line... which means that she lied about her age somewhere during this process...

Color me confused but I'm still trying to figure out how that puts the producers and company at fault.

I'm not defending either side.. I'm just trying to understand WTF is going on here.

Didn't you learn anything from Liar Liar? The whore there lied about her age when getting married. She was really a minor. So it was all null and void.
 
Mama Smurf said:
Really? Fuck. Anyone got a lighter?

16 in the UK, IIRC. I remember some tawdry newsrag had a countdown to the 16th birthday of their newest model. On the 16th birthday, tits oot.
 
goodcow said:
Didn't you learn anything from Liar Liar? The whore there lied about her age when getting married. She was really a minor. So it was all null and void.

Right but THIS whore turned around and sued the company she just made money off of.... damn whores... ;)
 
DarienA said:
Ok stay with me here because I'm still thinking this through and I'll still need someone to correct me on the participation piece if I'm wrong.

As the article says the girl is featured on the website, so she consented to pictures bio, etc... she particpated in party games, for the game, etc.... ok so at SOME point during this whole process she's getting paid something. Which means she had to fill out SOME paperwork along the line... which means that she lied about her age somewhere during this process...

Color me confused but I'm still trying to figure out how that puts the producers and company at fault.

I'm not defending either side.. I'm just trying to understand WTF is going on here.
That's what happens when you don't check info or do background checks on participants. Sorta like if you pick up a girl on the beach who says she's 19, have sex with her and are arrested a month later for knocking up a 15 year old. Usually these lawsuits pop up because the parents found out or the girl just wants more money.

Oh, and in case you don't know... anyone under 18 in the US can't consent to anything without a parent's permission (probably leaving some things out, but that's the gist of it).
 
Good point, luxsol. Does it say somewhere that it's actually the girl filing suit? Or is it her parents/guardians/ambulance-chasing lawyer filing on her behalf.

Either way, you can get all the consent in the world. If the girl's a minor, it doesn't mean squat.
 
luxsol said:
Oh, and in case you don't know... anyone under 18 in the US can't consent to anything without a parent's permission (probably leaving some things out, but that's the gist of it).

What about states like New York where the age of consent is 17? Then it doesn't matter if the 17 year old is banging some 50 year old and the mom finds out, right?
 
luxsol said:
That's what happens when you don't check info or do background checks on participants. Sorta like if you pick up a girl on the beach who says she's 19, have sex with her and are arrested a month later for knocking up a 15 year old. Usually these lawsuits pop up because the parents found out or the girl just wants more money.

Oh, and in case you don't know... anyone under 18 in the US can't consent to anything without a parent's permission (probably leaving some things out, but that's the gist of it).

I thought that in some states the age varied. Believe me I know it's a money grab.

The plaintiff has suffered humiliation, embarrassment and shame since the game has been released, according to the lawsuit.

You mean because the game sucked ass? ;)
 
stewy said:
Good point, luxsol. Does it say somewhere that it's actually the girl filing suit? Or is it her parents/guardians/ambulance-chasing lawyer filing on her behalf.

Either way, you can get all the consent in the world. If the girl's a minor, it doesn't mean squat.
It just says "the teen's lawyer" in the article, which could still mean the parents brought up the suit on her behalf. Nothing specific from what i read.

goodcow said:
What about states like New York where the age of consent is 17? Then it doesn't matter if the 17 year old is banging some 50 year old and the mom finds out, right?
You still have to deal with federal law, which states minors (anyone under 18) can't be in pornographic material. So 18 is that magic number for the US as a whole.
 
Topheavy productions are named in the lawsuit because they didn't do something as simple as a background check. Plus I am sure that when the game is booted up, it says something along the line that all models are over the age of 18. Also, business contracts with minors are not legally binding. So while the girl has been a a bit dodgy about her age, it doesn't maatter. She can still sue and Topheavy will pay.
 
Yusaku said:
If she was underage shouldn't this be a criminal matter, and not a civil lawsuit?
It's not like anyone was murdered. It's really up to the girl... though, I would imagine that the government would still have to do something. She can sue them, and the government can then arrest the people in company for making and distributing child pornography. =P
 
olubode said:
Topheavy productions are named in the lawsuit because they didn't do something as simple as a background check. Plus I am sure that when the game is booted up, it says something along the line that all models are over the age of 18. Also, business contracts with minors are not legally binding. So while the girl has been a a bit dodgy about her age, it doesn't maatter. She can still sue and Topheavy will pay.

That I agree with... but it's a f'n HUGE reach to include Sony and MS in the lawsuit.
 
Yusaku said:
If she was underage shouldn't this be a criminal matter, and not a civil lawsuit?


Civil suits have a smaller burden of truth and often reward larger monetary fees...if I remember correctly, at least
 
olubode said:
Topheavy productions are named in the lawsuit because they didn't do something as simple as a background check. Plus I am sure that when the game is booted up, it says something along the line that all models are over the age of 18. Also, business contracts with minors are not legally binding. So while the girl has been a a bit dodgy about her age, it doesn't maatter. She can still sue and Topheavy will pay.

How it usually works (at least in TV shows) is that any participants are told that they MUST sign a "release" before the show which gives the company the right to use thier image in any way. With subject matter such as this, I would assume that the release also has a stipulation that the person must be 18. I would also assume that the producers did check driver's license's.

Background checks aren't feasible. They can be very time consuming and costly and, quite frankly, it just isn't done at remote locations. Could you imagine trying to get background checks on everybody at a Spring Break event in which you have no idea of who will be there? In court, all that Topheavy Productions has to prove is that they did everything reasonably possible to follow the law. On the other hand, if they have no release...say goodbye to Topheavy.
 
If it was done in a Spring Break setting, in public, & not at a private photo shoot she basically has no case whatsoever.
 
3rdman said:
How it usually works (at least in TV shows) is that any participants are told that they MUST sign a "release" before the show which gives the company the right to use thier image in any way. With subject matter such as this, I would assume that the release also has a stipulation that the person must be 18. I would also assume that the producers did check driver's license's.

Background checks aren't feasible. They can be very time consuming and costly and, quite frankly, it just isn't done at remote locations. Could you imagine trying to get background checks on everybody at a Spring Break event in which you have no idea of who will be there? In court, all that Topheavy Productions has to prove is that they did everything reasonably possible to follow the law. On the other hand, if they have no release...say goodbye to Topheavy.
If she signed the release at an age under 18, the release is null and void.
 
Where exactly is South Padre island?

It's quite possible for the events to have been legal at the location they occurred (if they were somehow on the Mexican side of the border, for example), but for the footage to be illegal in the USA (because she's under 18). Those could be two different issues.
 
lieberman.jpg


"Oh that's it bitches. I done warned you...NOW IT'S ON!11!"
 
I played the game, the girls have to answer questions, if they fail, they have to show their boobs. It's all voluntary. The girls gigle and gigle until they raise their bikinis for like 2 seconds, while guys cheer. The videos were caught during spring break
 
Yeah, "The Guy Game" sucks. A couple of my friends and I rented it and played it on one of our gaming nights and it bored us to death. But it was pretty funny when we finally got to see the titties... :lol

fridaynightcensored.jpg


Most of the chicks weren't even hot. A few of them were beer belly fatties. Overall, a big let down. :lol
 
The Black Stallion said:
Yeah, "The Guy Game" sucks. A couple of my friends and I rented it and played it on one of our gaming nights and it bored us to death. But it was pretty funny when we finally got to see the titties... :lol

fridaynightcensored.jpg


Most of the chicks weren't even hot. A few of them were beer belly fatties. Overall, a big let down. :lol

LAWLS TITTES! HARDY HAR HAR HAR! GAME OF THE YEAR, DUDEZ!!!1
 
olubode said:
If she signed the release at an age under 18, the release is null and void.

No, it's a contract. By your logic, if she bought a car and signed the contract at 17, she can return the car a year later because the contract is null and void. This isn't some 12 year old who doesn't understand what's going on. She's old enough to drive, a year from voting and could be tried as an adult if she ever did anything wrong.

Regardless of whether or not she was "of age," a person of 17 is still capable of making adult decisions and she CHOSE to be in this production. The fact that she possibly LIED to be in this game wouldn't make her case any more sympathetic. After all, how do we know that the lawsuit wasn't planned from the start?

In the end, if the game company did everything within their power, they will walk away scott free...as they should. It'll all come down to the release.
 
3rdman said:
In court, all that Topheavy Productions has to prove is that they did everything reasonably possible to follow the law.

You are absolutely right.

olubode said:
If she signed the release at an age under 18, the release is null and void.

Not if what 3rdman said can be proved. Ask any experienced bartender, it's Basic 101 intro Bartending Legal Defense. If they can prove this then the suit will be thrown out.

Did you even bother to comprehend what he said? Gees some of you just love to shield behind one bit of knowledge shove everything else away. What 3rdman said isn't a suggestion, it's a legal fact practically written in stone in the Restaurant, Bartending, and any other legal establishment that sells alcohol that counters "under 18 anything void/null" claim.
 
The Black Stallion said:
Yeah, "The Guy Game" sucks. A couple of my friends and I rented it and played it on one of our gaming nights and it bored us to death. But it was pretty funny when we finally got to see the titties... :lol

fridaynightcensored.jpg


Most of the chicks weren't even hot. A few of them were beer belly fatties. Overall, a big let down. :lol
A couple of them were fat?! Holy fuck you need to see some real women. We played for about a hour, and none of the girls were fat. You would hit them desperatly if given a chance.

As for the game itself, it's not a incompetently done game, its really a novelty party game that you play with a big group of people. The nudity itself is pretty mild, they only flash their boobs very quickly, and most of the girls were saw were pretty flat. It's mostly harmless drunken stuff.

The questions are actually fun to answers o_o I was totally into the movies section. I wouldnt buy it, even at bargain price.
 
missAran said:
I have no problem with this lawsuit and I think it should be enforced.

...thinks is should be enforced.... umm could you repeat that in English so I can decide whether to make fun or you or not?

Thanks. ;)
 
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