Topheavy Studios being Sued by a 17 year old girl

BigDirty

BigDirty

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[quote name='David Jenkins of Gamasutra']
A seventeen year old girl is suing Topheavy Studios, Gathering of Developers, Microsoft and Sony over her topless appearance in the controversial console game The Guy Game.

The unnamed teenager was photographed topless during spring break at South Padre Island in Mississippi, and claims that she was under eighteen at the time, which not only raises a serious question over the basic legality of the game, but but makes invalid any consent she may have given at the time.

A judge at Travis county district court has granted a temporary restraining order prohibiting the sale of both the PlayStation 2 and Xbox versions of the game, which use the girl’s image, voice and name.

According to the lawsuit, the plaintiff has suffered humiliation, embarrassment and shame since the game has been released. According to the Cox News Service, the lawsuit explains: "Plaintiff is still a teenager and wishes to attend college, develop her career and be active in her community and church." However it is not clear what, if any damages, the lawsuit is seeking from the four companies.

The Austin, Texas based Topheavy Studios is headed by Jeff Spangenberg, who has a more illustrious career as the founder of Turok developers Iguana and Metroid Prime creators Retro Studios.[/quote]

Well I guess the folks that actually went out and got an original copy of this have quite the valuable collectors item on their hands.

added by cheapyd ;)
http://www.ebgames.com/ebx/product/244602.asp
http://www.ebgames.com/ebx/product/244785.asp
http://www.ebgames.com/ebx/product/246601.asp
 
According to the lawsuit, the plaintiff has suffered humiliation, embarrassment and shame since the game has been released. According to the Cox News Service, the lawsuit explains: "Plaintiff is still a teenager and wishes to attend college, develop her career and be active in her community and church." However it is not clear what, if any damages, the lawsuit is seeking from the four companies.
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Which book of the Bible tells you cast away all sin by taking your shirt off in a drunken stupor in front of hundreds of people? I think it was Luke, or was it John?...Yeah, it was John.
 
[quote name='Troopa']I wonder which girl she was. I haven't played it yet but I'd like to eventually.[/quote]

Better hurry and pick it up now, then.
 
[quote name='"BigDirty"'][quote name='David Jenkins of Gamasutra']

South Padre Island in Mississippi[/quote]

since when is a texas island chain in mississippi?
 
"Plaintiff is still a teenager and wishes to attend college, develop her career and be active in her community and church."
So what the hell was she doing taking off her clothes to a bunch of strangers in the first place?
 
yeah....f that chick...wanting something for nothing. I'm sure it's her parents that are pushing the lawsuit.
 
Give me a friggen break. This reminds me of those bimboes that went and tried to sue "Girls Gone Wild" because they were in it, saying: "I never intended it to be seen by other people" or "I was drunk at the time". Sure honey, you only wanted a select hundred with the camcorders present to see. Somebody has got to slap these people.
 
I think that maybe, just maybe, the consuption of large amounts of ethanol (found in alcoholic beverages) has to potential to impair judgement.

Not sure, though.
 
The girl was underage and it's illegal. The producers should have done their job instead of just finding any remotely attractive intoxicated girls and throw them in front of a camera to take their shirts off. That said, I dont think she deserves any money
 
OK so by that rational, I am not responsible for driving drunk. Its the cars fault for being there and the alcohol that impaired my judgment. ;)
 
[quote name='hutno']The girl was underage and it's illegal. The producers should have done their job instead of just finding any remotely attractive intoxicated girls to take their shirts off[/quote]

Absolutly right, but the lawsuit should be for them having an underage girl in that type of setting. The girl should get no money, from this lawsuit. If the point of this lawsuit is for them to be responsible for using an underage girl , then let the money awarded from the lawsuit go to a halfway house for abused girls / women. My point is this bimboe wasn't so much taken advantage of as she was taking advantage.
Sorry to rant, I just hate hearing about these type of lawsuits.
 
She might have a case though... as shitty as it is. What do you expect when you decide to take your clothes off in front of a camera?

The fact that she signed a release, however, is very strong evidence that she knowingly and willfully gave consent. Even though she was technically under 18, there have been many many many instances where a minor has been treated as an adult for legal purposes. You can't just use your minor status as an escape clause after the fact.

Technically, a minor isn't allowed to enter into a contract but if a 17 year old bought a car (under the pretense that he was 18), made all the payments and then on the last day of the contract tried to sue and get his money back by claiming he never had the legal capacity to enter the contract in the first place he would get laughed out of court. This isn't exactly the same situation but I'm just saying it's not an automatic slam-dunk for her...
 
[quote name='big_squirtle']OK so by that rational, I am not responsible for driving drunk. Its the cars fault for being there and the alcohol that impaired my judgment. ;)[/quote]

You are responsible for getting drunk and driving while intoxicated.

But just because a porn company give girls alcohol, it doesn't justify kiddie porn. The game should be pulled, and all of the identities of the girls should be confirmed.
 
Axyl beat me to it - South Padre Island isn't anywhere near Mississippi, it's entirely on the southern edge of Texas.

As for the girl, you were being stupid and drunk and letting yourself get photographed. In the age of the damn Internet, and people seem to think they can get away with stupid stuff and it NOT appear later on?

I love that excuse - Hi I'm a moron and I'm underage and I was DRUNK... The arguement should stop there. Underage? Drunk? Wtf, you're not getting punished for THAT?

Hasn't the Star Wars Kid taught us anything? He was in Tony Hawk's Underground for god's sake...

Idiotic girls + idiotic court system = hooray!
 
[quote name='javeryh']She might have a case though... as shitty as it is. What do you expect when you decide to take your clothes off in front of a camera?

The fact that she signed a release, however, is very strong evidence that she knowingly and willfully gave consent. Even though she was technically under 18, there have been many many many instances where a minor has been treated as an adult for legal purposes. You can't just use your minor status as an escape clause after the fact.

Technically, a minor isn't allowed to enter into a contract but if a 17 year old bought a car (under the pretense that he was 18), made all the payments and then on the last day of the contract tried to sue and get his money back by claiming he never had the legal capacity to enter the contract in the first place he would get laughed out of court. This isn't exactly the same situation but I'm just saying it's not an automatic slam-dunk for her...[/quote]

Thank you,
Alcohol may impair your judgment, but you would have to be blind, dumb and deaf to complain your seen without your top when you willfully took it off in front of a crowd and cameras. Sorry, I will keep quiet now. :nottalking:
 
[quote name='hutno']The girl was underage and it's illegal. The producers should have done their job instead of just finding any remotely attractive intoxicated girls and throw them in front of a camera to take their shirts off. That said, I dont think she deserves any money[/quote]


hmm good and bad point, i mean, spring break is open season for nudey action, plus its free cus every1 is drunk and outside, u cannot sue for "invasion of privacy" and the like when ur outside doing this stuff, and when ur drunk, ur automatically assumed to be 21 (or 18 if ur sober), if not, that is also breking the law...
but i do agree with u in a way, maybe they shoulda got nice models and such :p by the looks of the screens, they werent the best looking..*but models wud have cost alot of $..this was a pretty low budget project*..

besides..wat parents lets theyr kid go on spring break at 17..thats just beggin for some kinda controversy *.err..maybe im missin sumthing
 
Wasn't there a song called "Stupid Girl"?

This is no different that going to Mardi Gras, KNOWING that there will be flashing and everyone has a camera. No one is gonna say "may I see your ID" before they click the camera. You would have to recall every Mardi Gras tape in existence because you KNOW some high school girl has gone flashing on Bourbon Street before.

Nudity in and of itself isn't illegal. If it were then National Geographic and te Coppertone commercials could never air on TV. If an "act" was being performed, then it is.
 
[quote name='David Jenkins of Gamasutra']

A judge at Travis county district court has granted a temporary restraining order prohibiting the sale of both the PlayStation 2 and Xbox versions of the game, which use the girl’s image, voice and name.

[/quote]

It's still available at Ebgames.com. If you think it'll be worth something, act fast before they pull it. I personally doubt the original version will be worth anything, but I've been wrong before.
 
But didn't the girl know that she is going to be in a game for guys? The company making the game should do a better job to check if the girls are over 18.
 
isnt drinking at 17 kinda, you know, ILLEGAL? if anything she should also be sueing the place that didnt card her ass before serving her to the point where she'd sign a legal document stating her consent to film her bare, underage boobs.

Honestly there's a bit of blame for EVERYONE involved here, least of all the game creator.
 
[quote name='vanlandw']yeah....f that chick...wanting something for nothing. I'm sure it's her parents that are pushing the lawsuit.[/quote]

you know, I think her dad was playing the game and then...... hahaha
 
[quote name='Quackzilla'][quote name='big_squirtle']OK so by that rational, I am not responsible for driving drunk. Its the cars fault for being there and the alcohol that impaired my judgment. ;)[/quote]

You are responsible for getting drunk and driving while intoxicated.

But just because a porn company give girls alcohol, it doesn't justify kiddie porn. The game should be pulled, and all of the identities of the girls should be confirmed.[/quote]

Quack, I'm not trying to trick you into a word play. But first you said alcohol impaires your judgment. Then you said your responsible for getting drunk. SO at what point does the impaired judgment take over, b4 or after im drunk. I will give you this, if they find out that it was the company that gave them the alcohol, they are in a shitload of trouble. If they get them, that will be how. Serving alcohol to minors.
 
probably i just rented smackdow/raw last night andit was still at my local blockbuster with the three copies just gaining dust.......

Anyway thats like the incident with the girls gone wild thing where one girl try to sue them over money because she was only paid with a t shirt and a cd and not cash. hehe
 
[quote name='dtcarson']"Plaintiff is still a teenager and wishes to attend college, develop her career and be active in her community and church."
So what the hell was she doing taking off her clothes to a bunch of strangers in the first place?[/quote]

Right on. I think she is just trying to get some more money.
 
Well, I'm sure most of the girls signed a waiver to be in the game....

and YES, alcohol does impair judgement....boy do I know....boy do I KNOW.
 
[quote name='doubledown']Well, I'm sure most of the girls signed a waiver to be in the game....

and YES, alcohol does impair judgement....boy do I know....boy do I KNOW.[/quote]

Sounds like you woke up with "Lone Wolf Syndrome".
 
The issue isn't about her nudity. Anyone who was out in public as she was taking her clothes off could have taken pictures, filmed her or whatever - there's nothing illegal about filming/photographing something in public. Period.

The issue is the use of her person for profit. Everyone has the right to control their own image in a commercial sense. The validity of the release is really the only thing that will come into question. If the release was valid she loses, if not the game makers lose.
 
2 words for you kakuto chojin for the Xbox. I bought it new and still have it because it was pulled from the shelves. The game is worthless. This game will be worthless too. I would not be surprised if the makers of the game made up the whole story to create a frenzy of people to buy it thinking it will be a collectors item.
 
[quote name='big_squirtle'][quote name='doubledown']Well, I'm sure most of the girls signed a waiver to be in the game....

and YES, alcohol does impair judgement....boy do I know....boy do I KNOW.[/quote]

Sounds like you woke up with "Lone Wolf Syndrome".[/quote]

No, they usually left the house before that happened.....not many sleep-overs, that's what THEIR friends were for. Get them outta the house....phew.

Still, a few I would like to have back....oh well, I'm done now :) Getting married....
 
[quote name='javeryh']The issue isn't about her nudity. Anyone who was out in public as she was taking her clothes off could have taken pictures, filmed her or whatever - there's nothing illegal about filming/photographing something in public. Period.

The issue is the use of her person for profit. Everyone has the right to control their own image in a commercial sense. The validity of the release is really the only thing that will come into question. If the release was valid she loses, if not the game makers lose.[/quote]

Everyone except celebrities.

I would be very surprised if the release she signed did not expressly state that she was agreeing that she was over 18. I wonder if they could countersue based on that. Obviously I am not a lawyer, but I did watch Boston Legal the other night, so I feel I am qualified to comment.
 
All the reasons that this bitch is stupid have already been presented, so I all I need to say is: what a stupid bitch.
 
where did it ever say alchohol was involved with this, and where did it say she ever signed a contract? the makers of the game are completely responsible for verifying the ages of the girls they put in the game. should she get any money? no. But the company has to be held responsible and complete blame needs to stop being placed on the girl.
 
No, I hold staunch conservative beliefs.

If a girl is abused, raped, or taken advantage of it is entirely her fault.

Oh, here is my website:
www.afa.com

Good Christian values for this heathenistic country.



 
how many games were sold? i thought this bombed, and badly at that.

bringing a lawsuit snowballs your own stupidity- and when she does go to college that is the EXACT audience that would get on her for appearing topless in a juvenile game.
thats not to say the company should go unpunished- trash like this shouldnt be made at all and harms the image of all videogaming. but as all the posts saying how they will now buy a copy indicate, i am sure this title sees a sales surge that it never deserved and now recieves for the comptlely wrong reason.
 
The key to all of this is going to be whether she mislead the game developers into thinking she was 18. If she did I don't see how she won't get laughed out of court.
 
[quote name='vherub']how many games were sold? i thought this bombed, and badly at that.

bringing a lawsuit snowballs your own stupidity- and when she does go to college that is the EXACT audience that would get on her for appearing topless in a juvenile game.
thats not to say the company should go unpunished- trash like this shouldnt be made at all and harms the image of all videogaming. but as all the posts saying how they will now buy a copy indicate, i am sure this title sees a sales surge that it never deserved and now recieves for the comptlely wrong reason.[/quote]

As someone on another forum claimed, this story was fabricated in order to sell more of units of a game that has had disappointing sales. I still haven't seen the story confirmed at any other site than gamasutra.com. Is that site credible?
 
[quote name='dhrez']As someone on another forum claimed, this story was fabricated in order to sell more of units of a game that has had disappointing sales. I still haven't seen the story confirmed at any other site than gamasutra.com. Is that site credible?[/quote]

That's the likeliest scenario. What's the advertising adage, "Any news is good news?"
 
[quote name='jimbodan']Damn, now I may actually have to pick up this piece of crap if they are going to discontinue it[/quote]

And then you'll be in possession of child pornography.
Yeah, that's a fucking brilliant idea.
Hope you enjoy adding yourself to the registered sex offenders list if for some reason your home ever needs to be searched.
 
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