Dictator Manuel Noriega’s Absurd Lawsuit against Call of Duty Creator is Dismissed
October 28 2014 - 2:36PM
Business Wire
Ruling Comes One Week Before Call of Duty:
Advanced Warfare is Released
Judge William H. Fahey of the Los Angeles Superior Court today
ruled in favor of Activision Blizzard, Inc. (Nasdaq: ATVI) with
respect to its motion to strike former dictator and convicted
murderer Manuel Noriega’s frivolous lawsuit against the creators of
the popular Call of Duty® franchise. The ruling marked a
significant victory for the genre of historical fiction in all
types of expressive works of art, including videogames, movies,
television and books. Rudy Giuliani, former New York City Mayor and
named partner of Bracewell & Giuliani LLP, argued along with
co-counsel Kelly Klaus of Munger, Tolles & Olson LLP.
“This ruling is an important victory and we thank the court for
protecting free speech,” said Rudy Giuliani. “This was an absurd
lawsuit from the very beginning and we’re gratified that in the
end, a notorious criminal didn’t win. This is not just a win for
the makers of Call of Duty, but is a victory for works of art
across the entertainment and publishing industries throughout the
world.”
“Today's ruling is a victory for the 40 million dedicated
members of our Call of Duty community and global audiences who
enjoy historical fiction across all works of art,” said Bobby
Kotick, CEO of Activision Blizzard. “I want to thank Mayor
Giuliani, who has dedicated his life to the protection of citizens
against terrorists like Manuel Noriega and today for defending free
speech.”
The stories in the Call of Duty franchise, like many
movies and television programs, are inspired from the headlines of
history. From the Cold War to World War II and even the advanced
soldiers featured in the upcoming Call of Duty®: Advanced
Warfare, the games are grounded in historical events even
though they are fictional. Call of Duty regularly
features iconic villains, such as Fidel Castro and Manuel Noriega,
as well as celebrated heroes such as President John F. Kennedy.
The motion to strike was filed in Los Angeles Superior Court on
September 22 on the grounds that the minor inclusion of a Noriega
character in Call of Duty®: Black Ops II is protected
free speech. The legal action sought 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 the following week. The Los Angeles Superior Court
heard arguments on the matter at a hearing on October 16. Relevant
legal documents can be found HERE.
In the unlikely event the lawsuit had been permitted to proceed,
Noriega’s efforts could have provided numerous historical and
political figures a veto right over their appearances in works of
art, having a chilling effect on everything from movies like
Forrest Gump and Zero Dark Thirty, to television programs including
Saturday Night Live and Boardwalk Empire and even to popular books
such as The Paris Wife.
A taped video of co-counsel Rudy Giuliani discussing the key
themes of the case is available HERE.
About Activision Publishing,
Inc.
Headquartered in Santa Monica, California, Activision
Publishing, Inc. is a leading global producer and publisher of
interactive entertainment. Activision maintains operations
throughout the world. 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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