Panama ex-military ruler Manuel Noriega failed in his attempt to sue Activision, the publisher of the Call of Duty video games.
Manuel Noriega had tried to sue Activision after a character based on him featured in the title Black Ops II.
The former dictator of Panama had sought damages.
The judge at Los Angeles Superior Court ruled that the inclusion of the character was protected under free speech laws.
Manuel Noriega had tried to sue Activision after a character based on him featured in the title Black Ops II
“This was an absurd lawsuit from the very beginning and we’re gratified that in the end, a notorious criminal didn’t win,” said Rudy Giuliani, the former mayor of New York, who had defended Activision in the case.
“This is not just a win for the makers of Call of Duty, but is a victory for works of art across the entertainment and publishing industries throughout the world.”
Manuel Noriega is currently serving a jail sentence in Panama for crimes committed during his time in power, including the murder of critics.
In the video game, the character based on Manuel Noriega initially helps the CIA capture a Nicaraguan terrorist, but later turns on the Americans and is hunted himself in fictional scenes.
In reality, Manuel Noriega did work as a CIA informant before the agency broke ties with him. After the US became concerned about his violent rule, President George Bush ordered the invasion of Panama in 1989, which resulted in his capture.
Call of Duty games have featured other real-life characters including Fidel Castro, ex-CIA director David Petraeus and President John F. Kennedy, among others.
Activision had warned that had the legal action been permitted to proceed, it could have encouraged other political figures to object to the use of their appearance in films, television programs and books in addition to video games.
“Today’s ruling is a victory for… global audiences who enjoy historical fiction across all works of art,” said Bobby Kotick, chief executive of Activision’s parent company, Activision Blizzard.
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Former dictator of Panama Manuel Noriega is suing Call of Duty‘s video games publisher after a character based on him featured in Activision’s 2012 title Black Ops II.
The ex-military ruler is seeking lost profits and damages.
Manuel Noriega, 80, is currently serving a jail sentence in Panama for crimes committed during his time in power, including the murder of critics.
One lawyer said this was the latest in a growing trend of such lawsuits.
“In the US, individuals have what’s called the right to publicity, which gives them control over how their person is depicted in commerce including video games,” explained Jas Purewal, an interactive entertainment lawyer.
Manuel Noriega is suing Call of Duty’s publisher after a character based on him featured in Black Ops II
“There’s also been a very well-known action by a whole series of college athletes against Electronic Arts, and the American band No Doubt took action against Activision over this issue among other cases.
“It all focuses upon the American legal ability for an individual to be only depicted with their permission, which in practice means payment of a fee.
“But Noriega isn’t a US citizen or even a resident. This means that his legal claim becomes questionable, because it’s unclear on what legal basis he can actually bring a case against Activision.”
In Activision’s video game, Manuel Noriega initially helps the CIA capture a Nicaraguan terrorist, but later turns on the Americans and is hunted himself.
In reality, Manuel Noriega did work as a CIA informant before the agency broke ties with him. After the US became concerned about his violent rule, President George Bush ordered the invasion of Panama in 1989, which resulted in his capture.
A 13-page document filed in Manuel Noriega’s name claims that he is portrayed as a “kidnapper, murderer and enemy of the state” responsible for “numerous fictional crimes” in Black Ops II, according to Courthouse News Service.
It alleges his inclusion heightened the game’s sense of realism, helping boost its sales.
Black Ops II – which was scripted by David Goyer, screenwriter of the recent Batman movies – was 2012’s biggest-selling title in the US, UK and elsewhere.
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