Paper Mario suit turns out paper thin

Publisher says it had the rights to use <em>True Romance</em> music in GameCube commercial spot all along.

Earlier this month, film company Morgan Creek Productions filed suit against Nintendo, alleging that the gaming giant had used a Hans Zimmer song from the score to True Romance in an ad for 2004's Paper Mario: The Thousand Year Door without permission. The suit was quickly dropped six days later without explanation.

When asked why the sudden change of heart, a Morgan Creek representative simply told GameSpot "No comment." Nintendo was a little more forthcoming today with a statement that explains the suit's dropping, as well as the production company's reluctance to talk about it. Here's Nintendo's side of the story:

"The lawsuit alleged copyright infringement by Nintendo for its use of the song 'You're So Cool' in a Nintendo GameCube television commercial produced by advertising agency Leo Burnett USA, Inc. In response to the lawsuit, Leo Burnett provided Morgan Creek Productions with a copy of a music license entered into between Leo Burnett USA, on behalf of Nintendo of America and Morgan Creek, for licensing of the song. The lawsuit was dismissed by Morgan Creek Productions the following day."

This is not the first time a company has rushed into a lawsuit against Nintendo only to emerge embarrassed. According to Leonard Herman's gaming history tome "Phoenix: The Fall & Rise of Videogames," in 1982, movie studio Universal claimed that Donkey Kong infringed on its rights to classic movie monkey King Kong. Nintendo fought the claim, pointing out that Universal actually didn't even own the rights to the King Kong name. Nintendo prevailed, and Universal was ordered to pay the game maker's legal fees in that case.

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Discussion

166 comments
SomaticDeath
SomaticDeath

nintendo payed to keep them quiet..lol jk

yourbeliefs
yourbeliefs

Gamespot: "Why did you suddenly drop the lawsuit?" Morgan Creek: "We don't want to talk about it" Gamespot: "Why do you think they suddenly dropped the lawsuit?" Nintendo: "Oh, maybe because we showed the judge the legal document proving we were right and they were wrong."

BlueFlameBat
BlueFlameBat

"In response to the lawsuit, Leo Burnett provided Morgan Creek Productions with a copy of a music license entered into between Leo Burnett USA, on behalf of Nintendo of America and Morgan Creek, for licensing of the song." And that's where you lost me.

Craig410
Craig410

lmao nintendo wins again.

ps3thabest
ps3thabest

nintendo has power so forget about it they paid the judge i bet

Nova_Beetle
Nova_Beetle

Oh god, get off of it. As if Nintendo owes PM's sales to that one song.

ShockerX01
ShockerX01

Hahahaha, damn idiots hungry for cash.

Psyfon
Psyfon

How about this, be honored if Nintendo want to use your music.

hobobski
hobobski

You can't beat nintendo. they probably own a crack team of lawyers (slaves, duh) and people excelling in legal forgery. The big N eats lawsuits for breakfast.

PhantomPhoot
PhantomPhoot

No one ever wins a suit against Nintendo.

BangBangBoom
BangBangBoom

I love that film. Don't give a damn about law suits though.

Ash16
Ash16

haha, bunch of losers they are. You can't beat nintendo. They're just looking for a quick buck because Nintendo's so rich.

naju890_963
naju890_963

paper mario has exeded the limits of a proper game

mariokart64fan
mariokart64fan

these people are a waste of our time , they should have not filed if they knew they were in the wrong for filing in the first place, also how old is paper mario 2 , lol 6 yrs why wait this long if they wanted to sue so bad, it is not nintendos fault

starf0x999
starf0x999

morgan creek sux balls nintendo rocks the world

Nintendo_Ownes7
Nintendo_Ownes7

I think Nintendo only lost one case and that was when they sued Gamegenie.

mrkame16
mrkame16

Morgan Creek you suck!!!

Nintendoguy325
Nintendoguy325

Wait, they sued for something that happened years ago? And Donkey Kong and King Kong can't possibly be related to eachother in any way that is worthy of a suit.

necronaux
necronaux

Nintendo kicks but. Whoo-hoo. Death to frivolous lawsuits!

ChickenHounk911
ChickenHounk911

Dude, this wasn't worth going to court for.... I hope the company paid for Nintendo troubles.... Go Big N!

black_ice23
black_ice23

and nintendo says "another one bites the dust"

Payback7
Payback7

Lucky they had that spare 1up Mushroom lying around :) LONG LIVE NINTENDO!! Game hard, live harder!

psychoscream007
psychoscream007

Suck Nintendo power, Morgan Creek! hahaha I love Paper Mario.

BewilderedRonin
BewilderedRonin

@monty_4256 "lol to twolsm, the only reason microsoft are around is because of a copyrighting error in apple. windows was made by apple, and stolen by bill gates. so it definitely does happen as for this guy, he was just owned... idiot course they licensed the song" Um, you're 100% wrong. Both Gates and Jobs stole the concept of GUI driven OS from the Xerox PARC labs. Apple didn't come up with it first, nor did they invent it. Nor did they invent the mouse, though they sometime like to claim to.

There's a great quote from Pirates of Silicon Valley that sums it all up. Gates: "Its sorta like we both have this rich neighbor named Xerox, Steve. You stole the TV but you want to gripe at me for stealing the stereo."

Saphire_Kitsune
Saphire_Kitsune

Aye, another company goes after Nintendo...and fails! XD I love happy endings. =3

yas710yaf
yas710yaf

wow, every1 is so jealous of nintendo they jst wanna get em in trouble

panteral3
panteral3

Haters should recognize.... Nintendo Wii-ll prevail! Though I am not a Wii fan, nothing wrong with a little respect....

StillWingless
StillWingless

...does anyone else actually remember this ad? I don't. This case seems like it was dead before it even got off the ground.

Zeus-Guy
Zeus-Guy

Nintendo wins again. I hope after this people will start to think twice before they decide to sue any video game company.

Grinder86
Grinder86

why is everyone after nintendo what do they have against nintendo

cheerios3d
cheerios3d

Its like everyone is trying to make a quick big buck sucks 2 b u Moorgan, congrats 2 Nintendo

Erebus
Erebus

Imagine being so filthy rich and so careless with money that you or your company could afford to file suit without regard to validity or merit. I say Cash Paper Shredders all around!

superdance14
superdance14

This is exactly what happened with Universal and King Kong. Nintendo has really good luck in the courtroom.

Greencrash
Greencrash

Good job Nintendo but Film companies should really get their facts straight before doing things like that

Redgarl
Redgarl

I love **** Hollywood...

audioslave69
audioslave69

Wow where are all those that said that nintendo should pay???

bassy26
bassy26

At least Nintendo was kind enough to say that the production company made a decisioin based on bad information and had nothing bad to say about it.

Jshaw71
Jshaw71

if your going to take someone to court, you better get all your facts str8, dosen't matter if your taking your next door neighbor to court, or a video game company...

Vexx88
Vexx88

Nintenowned is in order.