Connect with us

Activision

Federal judge rules in favor of Activision Blizzard in lawsuit over usage of Humvees in Call of Duty

Published

on

AM General, makers and owners of the Humvee vehicle, filed a lawsuit back in 2017 against Activision Blizzard for using their vehicles in their games without providing compensation for using it.

The original lawsuit filed by AM General claimed Activision Blizzard was profiting off of their property without providing compensation for such usage. The company was seeking millions in lost profit thanks to Activision’s usage of the vehicle. In 2019, Activision Blizzard responded to the lawsuit claiming that it was bogus and using military vehicles is protected under the First Amendment.

On Wednesday, April 1, a federal judge haas ruled in favor of Activision Blizzard in this case stating that the usage of humvee vehicles in Call of Duty is protected by an artists’ right to realistically depict warfare in their titles and is therefore protected by the First Amendment. Federal judge said Activision Blizzard cannot be sued for doing this.

“If realism is an artistic goal, then the presence in modern warfare games of vehicles employed by actual militaries undoubtedly furthers that goal,” U.S. District Judge George B. Daniels said in his motion to dismiss. “The inclusions of Humvees in the foreground or background of various scenes … are integral elements of a video game because they communicate ideas through features distinctive to the medium.”

Federal Judge Daniels said AM General’s lawsuit failed to meet the threshold of suing a company over artistic usage of their trademark in a video game

“Defendants’ uses of Humvees in ‘Call of Duty’ games have artistic relevance. Featuring actual vehicles used by military operations around the world in video games about simulated modern warfare surely evokes a sense of realism and lifelikeness. Proceeding to the second prong of the Rogers test, defendants’ uses of Humvees in the ‘Call of Duty’ games are not explicitly misleading,” the judge said.

SOURCE: Law360

9 Comments

9 Comments

Leave a Reply

Your email address will not be published. Required fields are marked *

Activision

Activision files cease and desist letter against another cheat manufacturer

Published

on

Activision Blizzard continues to take down cheat manufacturer sites to stop the spread of different cheats for Call of Duty: Modern Warfare and Warzone.

In August, the company filed a lawsuit against CXCheats for illegally creating cheats to be used in an IP owned by Activision Blizzard. CXCheats since deleted all cheats for Modern Warfare and Warzone in compliance with the lawsuit.

Now, in September, another large cheat manufacturer, GatorCheats, has said that Activision Blizzard has filed a cease and desist letter to stop them from making cheats for Call of Duty games.

The owner of GatorCheats said in their Discord that the first letter was filed by in May 2020, but they did not fully comply with that – opting to allow cheats to continue to be available.

In May 2020, Activision Blizzard’s attorneys contacted me via a Cease and Desist letter. Considering this event, I decided to act on my already pending decision to close all sales to new customers for my product relating to Modern Warfare and Warzone.

Activision has since escalated the requests. In Sept. 2020, the owner of GatorCheats claims that Activision Blizzard served another cease and desist letter. But, this time, a PI showed up at his residence with the letter and informed him of what Activision knows about their site and the owners behind it.

In September 2020, Activision Blizzard’s attorneys had another Cease and Desist letter hand delivered to me by who I assume was a PI, considering he knew my family members by name and made a point to showcase that he did. Also in September 2020, I received very clear communication in a follow up from Activision Blizzard’s attorneys communicating that they would litigate (file a law suit against me) if I didn’t comply with continuation of stopped sales as well as a complete stoppage of interaction with and updating of any products related to their client’s products.

The full letter from the owner states that he will “never make or create” a cheat for an Activision Blizzard product again after receiving the letters and a visit from them at his house.

Activision has not commented on their anti-cheat initiatives since June, where the company said they continue to ban players on a regular basis.

Continue Reading

Call of Duty: Modern Warfare

Activision files lawsuit against cheat manufacturer

Published

on

Activision filed a lawsuit to sue a company responsible for creating hacks and exploits for Modern Warfare and Warzone.

Activision has sued CXCheats for illegally creating cheats to use in Call of Duty, the company announced.

CXCheats claims on their website that they are “dedicated to quality.”

This is a pathetic marketing line to convince users to buy cheats to use in Call of Duty.

The owner announced on Discord (message posted to Reddit) that they are removing Warzone cheats from their site.

Announcement Message

As some of you may know, Activision Publishing, Inc. has filed a lawsuit against CXCheats and has made it clear to us that our services violate their Terms of Use.

As a result of our lawsuit with Activision, we have agreed to cease development and support for all Call of Duty related products or services sold through the site. These products will not be returning to CXCheats in any form. You also should be aware that using third-party tools in Call of Duty may result in the suspension or banning of your account by Activision Publishing, Inc. or the game’s developers. We apologize for any pain we’ve caused to players of Call of Duty.

Call of Duty: Warzone has been experiencing an intense amount of hackers since the game’s launch on March 13 on the PC platform.

With cross play, the hacks impacted the console players as well. PS4 players have opted to disable cross play to avoid them. Xbox players currently cannot disable cross play for unknown reasons.

CXCheats said on Discord that any user found using their software in Warzone will be banned, permanently.

Any user who utilizes unauthorized third-party software to gain an unfair advantage, manipulate stats, and/or manipulate game data is subject to penalty. Unauthorized third-party software includes, but is not limited to, aimbots, wallhacks, trainers, stats hacks, texture hacks, leaderboard hacks, injectors, or any other software used to deliberately modify game data on disk or in memory.

As of now, Activision has not commented on the lawsuit.

Continue Reading

Activision

Former MLB executive joins Activision Blizzard to lead Sports & Entertainment

Published

on

Activision Blizzard announced this week that former MLB executive will be joining the company starting August 17 in a newly formed position of President of Sports & Entertainment.

Petitti was the Deputy Commissioner and COO of MLB for years.

“Tony is one of the most highly regarded executives in sports and entertainment,” said Bobby Kotick, Chief Executive Officer of Activision Blizzard. “His success in media and as Deputy Commissioner and Chief Operating Officer of Major League Baseball is the perfect blend of skills to help us realize our aspirations for esports and our related businesses. He is admired by owners, media executives, players and fans.”

“Bobby Kotick has been translating his vision into opportunity at Activision Blizzard for 30 years. I couldn’t be more excited to use my own 30 years of sports and entertainment experience to help Activision Blizzard realize its ambitions,” said Petitti. “It’s clear to me the company has an incredible opportunity to connect players and fans in new and innovative ways, and I’m excited to be joining the company at such an important moment in its history. The last 12 years in baseball have been extraordinary for me and I am especially grateful for the leadership and mentorship that Commissioner Manfred provided to me and the League.”

Tony Petitti will join on to be in charge of the company’s esports businesses, which include Overwatch League and Call of Duty League, consumer products division, and films & television division.

Petitti will report directly to Activision Blizzard CEO Bobby Kotick.

Continue Reading