Stupid Question Regarding "The Wanderer" Lawsuit

[Tyrannosaur219]

Probably not the best place to ask, but out of curiostiy, does anyone know what happened with that lawsuit from the singer who did "The Wanderer" where he claimed - nearly two years after the game's release - that he had never been able to review the song's use in that live action trailer? I heard about it recently, but I can't find any articles about how the case turned out.

[Rez Elwin]

He won because apparently Zenimax never let him see the Ads first, which was part of their contract. No matter how stupid his argument was they broke an agreement. He claimed the ad was too violent, here is a quote,
“Defendant’s Commercials were objectionable because they featured repeated homicides in a dark, dystopian landscape, where violence is glorified as sport. The killings and physical violence were not to protect innocent life, but instead were repugnant and morally indefensible images designed to appeal to young consumers.”

I watched the ad and the Sole Survivor kills ONE roach and shoots at some super mutants...ya real violent.

[Tyrannosaur219]

I read that as well; I agree that the claim he made was completely false, but I guess if they broke the agreement, that would override the supposedly "morally indefensible" act of post-nuclear pest control.
In any case, thanks for the quick answer.

[r.linder]

Literally just a case of a money grab chance taken. Dion should be having everyone who wants to pay him to use his content in their creations checked for things that he thinks would harm his reputation or something, because that's the sensible thing to do as a preventative measure. However, it clearly wasn't the case because the advert wasn't that violent compared to the actual gameplay, and it was TWO YEARS before Dion said anything. He only filed a lawsuit because he found out he could get more money out of Bethesda.

[Flippy]

This started after Nuka World came out... After Nuka World anyone saying they had been ripped off selling their propterty to the game couldnt lose. Hope who ever made Nuka World evil only is happy.

[Rez Elwin]

Originally posted by Escorve:

Literally just a case of a money grab chance taken. Dion should be having everyone who wants to pay him to use his content in their creations checked for things that he thinks would harm his reputation or something, because that's the sensible thing to do as a preventative measure. However, it clearly wasn't the case because the advert wasn't that violent compared to the actual gameplay, and it was TWO YEARS before Dion said anything. He only filed a lawsuit because he found out he could get more money out of Bethesda.

That was his excuse, it harmed his image. He did indeed have a contract where one condition was he gets to view the ad before it ran. Zenimax didn't show it to him for whatever reason, I'm guessing because how could anyone thinks that's too violent, I don't even think you see blood.

So he didn't win because it harmed his image it was all because Zenimax broke their contract, didn't even matter what his reason was. While it was petty and greedy to sue them over it they were in the wrong here.

Pretty stupid move though if you ask me, anyone who knows about this suit would likely not enter a deal with him ever again, it harms his image way more that that ad even would have.

[Flippy]

Sounds like it was a breach of trust thing.

[Jigain]

I'm no lawyer, but it sounds more like breach of contract than breach of trust.

[Leslian Lexter]

Dion Dimucci is 80 years old. I dont think we can reasonably expect him to understand what Fallout is actually about.

[Afro Gear]

Originally posted by Tyrannosaur219:

Probably not the best place to ask, but out of curiostiy, does anyone know what happened with that lawsuit from the singer who did "The Wanderer" where he claimed - nearly two years after the game's release - that he had never been able to review the song's use in that live action trailer? I heard about it recently, but I can't find any articles about how the case turned out.

So I looked into this randomly, wanting to know why no one, no one had an answer to the outcome. Someone above claimed that DION had won and I found no record of that.

Best I can find is the case record here: https://www.plainsite.org/dockets/35vawk12w/california-northern-district-court/dimucci-v-zenimax-media-inc/

What it appears to me (not a lawyer) is that Zenimax filed for a forced arbitration instead of the lawsuit, they won that and then the case was dismissed. This likely means that Zenimax settled out of court for a undisclosed amount. Anyways, this gave some closure to me and I hope it helps my other law-minded gamers out there! But a settle out of court in arb could be a mutual walkaway from the suit. Maybe nobody won here. Either way, I think objectively DION's case was stupid and had no merit.

[Graham Fox]

Bump......It seems to me that Dion was forgetting this is just a game, nothing else. His claim was just a money grab. Although he may have based his claim on princaple.