▲告侵害隱私權;幫幫忙告錯了,才導致敗訴

蘇思鴻 律師
發表時間:2023/05/07 22:36 320 次瀏覽

琳賽·蘿涵妳嘛幫幫忙,請求權基礎弄錯了,才搞到敗訴;要告就要告侵害知名度。
The actress Lindsay Lohan has failed in her latest attempt to sue the maker of the video game Grand Theft Auto V.
女星琳賽·蘿涵最近就其提告視訊遊戲商所創作的Grand Theft Auto V遊戲一案遭到敗訴。

Six judges at New York state's Court of Appeals unanimously rejected her privacy case after dismissing a claim that one of the title's characters was based on her.紐約州最高法院6位法官無異議駁回林賽·蘿涵所提之侵害隱私權訴訟,其中一項係有關於她於遊戲中的角色。

Instead, the judges said, the in-game "actress slash singer" merely resembled a generic young woman.法官說:該遊戲中女星砍殺歌星僅相似一般年輕女人。

The case dates back to 2014 when Ms Lohan first sued Rockstar Games.本案回溯到2014年蘿涵女士首次控告Rockstar Games。

She claimed at the time that the character of Lacey Jones not only looked like her, but also had a similar sounding voice and wore clothes that resembled her own clothing line.

Neither Ms Lohan nor Rockstar's owner, Take-Two Interactive, has commented following the latest ruling.蘿涵與Rockstar的老闆Take-Two互動公司對此判決均未做出評論。

Invasion of privacy侵犯隱私權

More than 275 million copies of the Grand Theft Auto video game have been sold since its launch in September 2013.自從2013年9月發表Grand Theft Auto game遊戲以來,有超過2億7千5百萬的遊戲份數被出售。

Despite being more than four years old, the title topped the UK games sales charts for the 15th time earlier this month, thanks to its enduring appeal and the continued release of new content.
 

By contrast, over the same period, Ms Lohan's own career has waned. A recurring role in the British TV series Sick Note was one of her highest profile recent jobs, and earlier this month she announced she had become a spokeswoman for a law website.

The appeal judges had accepted her claim that a computer game character could constitute a "portrait", which supported her invasion of privacy claim.

However, they decided that in this case the likeness was not strong enough.然後,在本案法官們認定樣貌不若似強有力如他案。

"[The] artistic renderings are indistinct, satirical representations of the style, look and persona of a modern, beach-going young woman... that is not recognisable as plaintiff," Judge Eugene Fahey wrote in his ruling.

The court also rejected a claim that another GTA V character was based on the reality TV star Karen Gravano on similar grounds.

蘇思鴻 律師

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