Publisher says it had the rights to use True Romance 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.
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."
"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.
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.
haha, bunch of losers they are. You can't beat nintendo. They're just looking for a quick buck because Nintendo's so rich.
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
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.
Dude, this wasn't worth going to court for.... I hope the company paid for Nintendo troubles.... Go Big N!
@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."
Haters should recognize.... Nintendo Wii-ll prevail! Though I am not a Wii fan, nothing wrong with a little respect....
...does anyone else actually remember this ad? I don't. This case seems like it was dead before it even got off the ground.
Nintendo wins again. I hope after this people will start to think twice before they decide to sue any video game company.
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!
This is exactly what happened with Universal and King Kong. Nintendo has really good luck in the courtroom.
Good job Nintendo but Film companies should really get their facts straight before doing things like that
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.
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...
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