Former Mayor Rudy Giuliani Will Appear in Los Angeles Superior Court to Argue Against Dictator Manuel Noriega’s Absurd Call...
October 09 2014 - 8:00AM
Business Wire
Call of Duty Publisher Activision Files Reply
to Motion Pushing for Dismissal of Case
Activision Blizzard, Inc. (Nasdaq: ATVI), the creators of the
popular Call of Duty® franchise, today filed a response to Manuel
Noriega’s opposition in the frivolous lawsuit brought by the former
dictator and convicted murderer. Rudy Giuliani, former New York
City Mayor and named partner of Bracewell & Giuliani LLP, will
argue as co-counsel beside Munger, Tolles & Olson LLP, at the
October 16 hearing in Los Angeles Superior Court in support of
Activision Blizzard’s motion. Activision Blizzard is moving to
strike Noriega’s lawsuit on the grounds that the minor inclusion of
a Noriega character in Call of Duty®: Black Ops II is
protected free speech.
“Manuel Noriega had no more than an inconsequential appearance
in Call of Duty and isn’t entitled to anything for his role as a
brutal dictator,” said Rudy Giuliani. “If successful, this case
would obliterate the entire genre of historical fiction. I couldn’t
be more excited at the prospect of being back in court to defend
the makers of Call of Duty against this convicted murderer who
wants to make a mockery of the U.S. legal system and attack our
right to free speech.”
The stories in the Call of Duty franchise, like many movies and
television shows, are ripped from the headlines of history. From
the Cold War to World War II and the advanced soldiers featured in
the upcoming Call of Duty®: Advanced Warfare, the game is
fictional, but is grounded in historical events. Call of Duty
regularly features characters that are ruthless dictators and
iconic villains, such as Fidel Castro and Manuel Noriega, as well
as vaunted heroes such as President John F. Kennedy.
The motion to strike was filed in Los Angeles Superior Court on
September 22. The legal action seeks to dismiss Manuel Noriega’s
complaint at the outset under California’s anti-SLAPP statute, a
state provision enacted to protect freedom of speech against
spurious lawsuits. Lawyers for Manuel Noriega filed a response to
the anti-SLAPP motion on October 2, and Activision filed its reply
to that response today. The Superior Court will consider the matter
at a hearing on October 16. Relevant legal documents can be found
HERE.
If successful, Noriega’s efforts would give numerous historical
and political figures – and their heirs – a veto right over their
appearances in works of art, having a chilling effect on everything
from movies such as Forrest Gump and Zero Dark Thirty, to TV shows
such as Saturday Night Live and Boardwalk Empire, to beloved books
such as The Paris Wife, just to name a few.
A taped video of co-counsel Rudy Giuliani discussing the key
themes of the case is available HERE.
“This case is an impermissible, unwarranted, and
unconstitutional attack on art. Video games enjoy the same
liberties as documentaries, biographies, and biopics. The full
canon of entertainment is filled with fictionalized accounts of
individuals and events and video games continue that long
tradition,” added Richard Taylor of the Entertainment Software
Association.
About Activision Publishing,
Inc.
Headquartered in Santa Monica, California, Activision
Publishing, Inc. is a leading worldwide developer, publisher and
distributor of interactive entertainment and leisure products.
Activision maintains operations in the U.S., Canada, Brazil,
Mexico, the United Kingdom, France, Germany, Ireland, Italy,
Sweden, Spain, Denmark, the Netherlands, Australia, Singapore,
mainland China, Hong Kong and the region of Taiwan. More
information about Activision and its products can be found on the
company's website, www.activision.com.
Cautionary Note Regarding Forward-looking Statements:
Information in this press release that involves Activision
Publishing's expectations, plans, intentions or strategies
regarding the future, including statements about the potential
impact of the Noriega lawsuit, are forward-looking statements that
are not facts and involve a number of risks and uncertainties.
Factors that could cause Activision Publishing's actual future
results to differ materially from those expressed in the
forward-looking statements set forth in this release include
unanticipated product delays and other factors identified in the
risk factors sections of Activision Blizzard's most recent annual
report on Form 10-K and any subsequent quarterly reports on Form
10-Q. The forward-looking statements in this release are based upon
information available to Activision
Publishing and Activision Blizzard as of the date of
this release, and neither Activision
Publishing nor Activision Blizzard assumes any
obligation to update any such forward-looking statements.
Forward-looking statements believed to be true when made may
ultimately prove to be incorrect. These statements are not
guarantees of the future performance of Activision
Publishing or Activision Blizzard and are subject to
risks, uncertainties and other factors, some of which are beyond
its control and may cause actual results to differ materially from
current expectations.
ACTIVISION, CALL OF DUTY, CALL OF DUTY BLACK OPS II and CALL OF
DUTY ADVANCED WARFARE are trademarks of Activision Publishing,
Inc.
Activision BlizzardMary Osako, 424-322-5166orRubenstein
CommunicationsFarrell Sklerov, 212-843-8289
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