The GTA 5 Lindsay Lohan Lawsuit Has Been Rejected Again

"We conclude...that the subject images are not recognizable as plaintiff."

42 Comments
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An appeal from actress Lindsay Lohan in her lawsuit against Rockstar Games parent company Take-Two Interactive, which alleged her likeness was used in Grand Theft Auto V, has been dismissed in the New York Court of Appeals. The lawsuit dates back to 2014 and was initially thrown out in 2016 before Lohan appealed.

The lawsuit claimed GTA V's character Lacey Jonas is an "unequivocal" reference to Lohan. In the initial ruling, the court stated that "[e]ven if we accept plaintiffs' contentions that the video game depictions are close enough to be considered representations of the respective plaintiffs, plaintiffs' claims should be dismissed because this video game does not fall under the statutory definitions of 'advertising' or 'trade.'"

In the appeal, as spelled out by Gamasutra, the court concluded that "a computer generated image may constitute a portrait within the meaning of [Civil Rights Law sections 50 and 51]. We also conclude, however, that the subject images are not recognizable as plaintiff."

In simpler terms, Lacey Jonas is not a likeness of Lohan, and that's the final word.

GTA V launched in September 2013, but it's still going strong. Developer Rockstar continues to support GTA Online weekly, and the game consistently tops the UK physical sales charts.

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Avatar image for tgwolf
tgwolf

Lindsey...you didn't REALLY expect anyone to take you seriously when you let yourself be modeled like that in the first place, did you...?? It's Rockstar Games! "Honorable" is a word with more than two syllables, c'mon, now!

Avatar image for tinoush
tinoush

Now this is just getting sad.

Avatar image for stuff238
stuff238

She is so desperate for money. She can’t even get work in x rated movies. Which is just sad.

Avatar image for sdzald
sdzald

@stuff238:

I think its not as much about money as getting the air time and that she has succeeded in doing, ater all we are all talking aout her right now.

Avatar image for N-REAL
N-REAL

Poor Lindsay...... No money for cocaine....

Avatar image for gotrekfabian
gotrekfabian

Stupid cow.

Whoops, forgot greedy.

Avatar image for WuShogun212
WuShogun212

The sad part is that even if it was Lohan (which it isn't) she still wouldn't have grounds to sue. Artist use references all the time for poses and facial features, so artists would be taken to court all the time just for getting close to another image (honestly, I wouldn't be surprised if they were). If you look at the original image and the GTA image side by side, they changed just enough to make it a unique image. You can't just walk into a court room and say "That picture looks like me a little" and be taken seriously. I hope they will continue to throw out any attempt at pursuing this dumb case.

Avatar image for The_Dragon_Born
The_Dragon_Born

She needs to get a job instead of coveting someone else's money. Responsibility makes people happier, not laziness.

Avatar image for Pupchu
Pupchu

I witnessed a pedestrian in the game that kinda looked like me, i should take Rockstar to the court.

Avatar image for moonco
Moonco

Lindsay is a good friend of mine and this setback makes me wanna throw Molotov cocktails at things. I'm not in a good mood right now so it might be best to take the month off before I ban every single person on GameSpot who are not part of the Lindsay Lohan fanclub.

Moderator
Avatar image for asnakeneverdies
ASnakeNeverDies

@moonco: A whole month!? Just kill me and be done with it! 🍾😭🔥

Avatar image for moonco
Moonco

@asnakeneverdies: Well....I might show up in a Microsoft article once in awhile

Moderator
Avatar image for asnakeneverdies
ASnakeNeverDies

@moonco: Thanks, that will get me through the night. 😌

Edit: I decided to reword this differently.

Avatar image for jamesbr27
JamesBR27

The only lawsuit Rockstar could lose nowadays is how they alone managed to turn the game industry into a loot box and microtransactions hellhole with GTA online, since october 1st 2013, they did not release a single new game, only a lot of shark cards for sore losers.

Avatar image for playstationzone
PlaystationZone

@jamesbr27: I hate micro transactions but did don’t effect gameplay of gta 5 online Wrich easy ingore unlike ea games can’t ingore it since got no choice . Plus gta 5 is adult game no kids game.

Avatar image for Barighm
Barighm

@jamesbr27: Actually, Mass Effect 3 is the more likely origin of that practice. EA was shouting to high heaven how successful its loot box system was at the time of release. Rockstar clearly heard them.

Avatar image for ssdd_again
ssdd_again

@jamesbr27: @Barighm: Actually, you're both wrong, it was Fifa 10 back in 2009 which started this whole microtransactions/open a pack of cards (a.k.a. loot box) with real money bs.

EA made hundreds of millions using the practice before GTA V was even released, you can't blame R* for cashing in on peoples very evident laziness and stupidity at that point.

Avatar image for thelostscribe
Thelostscribe

@ssdd_again: Yeah I was gonna say that EA and a few other games had stupid randomized loot boxes way before GTA V came out. I remember seeing that in Mass Effect 3 and thought how dumb it was to waste in game credits or money on a randomized loot box. Why would you do that? If I'm going to spend money on something like micro transactions, which I do very little of, I want to know exactly what I'm getting.

GTA V's shark cards are a bit devious in that some of that stuff got expensive enough that you do have devote significant game time focused strictly on making money to get it, but they also regularly update the online mode with new content for free. So it's a bit of a double edged sword. I've bought a few $5 shark cards if I wanted a certain car or upgrade because the time it would take me to make that money in game vs my actual rate of pay is much shorter haha. Still couldn't see spending $100 flat for that megalodon shark card. I wonder how many of those have been bought.

Avatar image for barcaazul
BarcaAzul

Who?

Has she actually done anything recently? No wonder she keeps chasing this, she must be hard up!

Avatar image for boardsport311
boardsport311

@barcaazul: I “recently” watched the SNL Harry Potter skit on YouTube where she plays hot Hermoine, does that count?

Avatar image for WuShogun212
WuShogun212

@barcaazul: She did a play in London like 4 years ago, that's the last I heard of her doing anything. At this point I think she is doing this just for the attention, no normal person would be still fighting this.

Avatar image for superklyph
SuperKlyph

I wonder how much money she spent on this.

Avatar image for Iamkalell
Iamkalell

Not sure if there have been court costs for R*, but if there have she should have to pay every cent of that cost.

Avatar image for Decoy77
Decoy77

@Iamkalell: I'm sure there were some court costs. But most of it would have been lawyer fees. Which I'm sure they can also and will probably counter sue for.

Avatar image for Vodoo
Vodoo

@Decoy77: Big corporations have in-house lawyers that work for them around the clock. So Take Two didn't spend a dime on lawyers.

Lindsey, on the other hand, probably spent a small fortune that she doesn't have, banking that Take Two would just want to settle out of court, which obviously they didn't. So now she's even more broke.

But the courts have the ability to charge someone for wasting the courts' time with frivolous lawsuits. However they rarely do it, which they should start. It would lower the amount of dumb lawsuits all around if people started getting charged for it.

Avatar image for sdzald
sdzald

@Vodoo:

Its very possible Lindsey got some flee bag lawyer to take the case under contingency. In another words the lawyer does not get paid unless he wins.

There is a reason Researchers prefer to use lawyers in lab testing. There are just somethings you can't get rats to do ...

Avatar image for DarkCaptain3
DarkCaptain3

The girl was based on Shelby Welinder who was freaking hired for it. Why does Lindsay Lohan honestly think she has a case for this??

Avatar image for SaviorGabriel
SaviorGabriel

@DarkCaptain3: Either for money, or publicity.

Avatar image for Barighm
Barighm

@DarkCaptain3: It actually does look very similar to a picture Lohan did.

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LJ40

@Barighm: There are literally a million photos of random attention whores giving a peace sign to the camera. It looks "very" similar to every single one of them.

Avatar image for PrpleTrtleBuBum
PrpleTrtleBuBum

I'll be missing this. Makes me feel forever young when the same headline pops up every month

So come back Linds! I believe in your crusade!

Avatar image for Starshine_M2A2
Starshine_M2A2

Maybe she needs some money.

Avatar image for Cikatriz_ESP
Cikatriz_ESP

This achieves a whole new level of ridiculous once you realize it was based on an actual person:

https://www.dailydot.com/parsec/gaming/gtav-grand-theft-auto-girl-bikini-model/

Avatar image for Barighm
Barighm

@Cikatriz_ESP: For those too lazy to read the link, she was based on Shelby Welinder. She even provided a copy of her pay stub to prove that she was, in fact, hired by Rockstar to model for the gig.

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PlaystationZone

Take two in right they didn’t use Lindsay Lohan in gta 5 game there gave proof take two did.

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Shantmaster_K

Go away, Lindsay

Avatar image for kaminobenimizu
KamiNoBeniMizu

Thank you, Justice! You had ONE job and you did it. Not only was the position generic, it was also said that the girl posing wasn't based on Lohan at all! It was that other one... uh... what was her name again? Drats! I forgot!

Avatar image for freedom01
freedom01

In the appeal, as spelled out by Gamasutra, the court concluded that "a computer generated image may constitute a portrait within the meaning of [Civil Rights Law sections 50 and 51]. We also conclude, however, that the subject images are not recognizable as plaintiff."

this need the meme/gif

"Now comes the part where we throw our head back and laugh"

Moderator
Avatar image for austinp
AustinP

The girl in the game looks nothing like Lindsay Lohan.