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Sony Considers Lawsuit Over Its Controller Being Used In Anti-Video Game Ad

from the probably-not-the-best-idea dept

Tue, Mar 10th 2009 8:23am — Mike Masnick

Steve points us to a story in the UK about how Sony Computer Entertainment Europe is considering taking legal action against the folks behind an anti-video game advertisement because a photo in the ad includes a boy holding what appears to be a Playstation controller. The whole thing seems pretty silly. The anti-video game ad is pretty ridiculous itself, but Sony overreacting to it seems even worse. First of all, other than hardcore gamers, who's even going to notice that it's a PlayStation controller? Instead of suing and drawing more attention, Sony might want to just focus on reasons why the ad is misleading and that video gaming doesn't lead to "cancer, diabetes, and heart disease." Suing over the use of the controller just makes it look like they have something to hide.

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Filed Under: lawsuits, streisand effect, trademark, video games, violent video games
Companies: sony

21 Comments

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R. Miles, 10 Mar 2009 @ 8:30am

You must think people are stupid.
First of all, other than hardcore gamers, who's even going to notice that it's a PlayStation controller?
You'd be stunned. Despite the fact many people don't own consoles, they can still recognize them, and their peripherals.

I can understand Sony's position, but a lawsuit is ridiculous. Don't people ask anymore?

It's bad enough the PlayStation (et games) gets blamed for every day woes, now this poster?

Sony has every right to be upset.
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Dan, 10 Mar 2009 @ 8:35am

I believe you misunderstand the recognition associated with the PlayStation brand. For instance, my parents in their mid-fifties recognize consoles and collectively refer to them as PlayStation, with no regard to actual brand, or even generation, with the possible exception of the Wii. Sony may be overreacting some, but there is little doubt that the controller is itself a third-party DualShock, and some non-hardcore gamers, perhaps the parents of owners, will recognize it. The ad would be much better without a controller at all, as video games are hardly the only thing that will make kids sit down for several hours a day. In the interest of fairness, I could also name watching TV and even reading as hazardously inactive, not to mention that I'm more likely to eat junk food when watching or reading, as gaming generally requires both hands.
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Chronno S. Trigger, 10 Mar 2009 @ 8:35am

Re: You must think people are stupid.
In fact most hard core gamers will see that it isn't a Sony controller at all. It looks like one but it isn't. Maybe a 3rd party like a madcats or something.

Even if it was a PS3 controller, I still don't see Sony's position. It doesn't look like an anti-gaming add, it looks like an anti-sit-on-your-fat-ass add. They don't directly point out video games or say that one should never play games, just that one should have at least one hour of physical activity a day.
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Dan, 10 Mar 2009 @ 8:38am

Re: Re: You must think people are stupid.
The nature of the ad and the fact that he's holding any controller implicitly states that video games are the culprit.
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R. Miles, 10 Mar 2009 @ 8:44am

Re: Re: Re: You must think people are stupid.
100% agree with this statement.

The ad could have easily put in a Big Mac, TV, or a damn couch for that matter.

Why the controller? Bullshit anit-gaming message indeed.
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Chronno S. Trigger, 10 Mar 2009 @ 8:47am

Re: Re: Re: You must think people are stupid.
But if you read the add, they are pointing to the parents not games. They say "Make sure your kids..." thus points to parents as the facilitator of the laziness.

The game controller is just a mind trick to enhance the idea of laziness. The controller only makes one think that games are the problem if one already has a predisposition to that affect. It's like using an image of people sitting on a couch eating popcorn to sell an HDTV. The popcorn isn't making the HD experience, but most people associate popcorn with a theater experience.
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ChurchHatesTucker (profile), 10 Mar 2009 @ 9:27am

Re:
Sony may be overreacting some, but there is little doubt that the controller is itself a third-party DualShock...

So what you're saying is that Sony has no standing.
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Dan, 10 Mar 2009 @ 9:34am

Re: Re: Re: Re: You must think people are stupid.
Sure, if you read the ad. But the parents aren't actually addressed until the end of the fine print. When was the last time you stopped to look at an ad on the street? Most people will just look at the picture and read the big words at the top before moving on.
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Dan, 10 Mar 2009 @ 9:36am

Re: Re:
I'm not entirely sure, but I think I remember reading that Sony licenses its design to third parties for them to make controllers. It's a way that Sony can get a kickback without having to produce the controllers themselves. They still own the image of the DualShock, even if it is a third-party product.
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Dave, 10 Mar 2009 @ 9:40am

Trying to be like AngryJerk
Maybe their doing it to gain the ad some free publicity. Sony are actually angels here and Mike is not allowing them to shine.

Nah, I can't even type that with a straight face
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Anonymous Coward, 10 Mar 2009 @ 10:23am

The Ad had to use a controller because the message Put down those books kids and get out and play some sports just doesn't have the right ring to it. That and video games are eViL... I mean DUH, everyone knows that!
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Anon, 10 Mar 2009 @ 10:37am

Mike how can you be so obtuse? It is a copyrighted and/or trademarked design used without permission and they should sue even if it didn't portray Sony in a bad light. This is one of the most clear cases I've seen recently of when a company should sue.
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Kevin C., 10 Mar 2009 @ 10:41am

Maybe they believe the lawsuit will bankrupt the organization. I mean, a group of self-rightous parents telling other parents that if you let your kids play pac-man they are going to die...I don't know, I kinda want to hurt them.
Best
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jonny bond, 10 Mar 2009 @ 10:49am

I believe that the people who call gamers lazy are missing the whole point of gaming and that is actively taking part in a solo or multiplayer game reqires far more concentration than watching tv. To illustrate my point of how difficult it is to concentrate on the same thing for an extended period of time when was the last time a meeting in your work went on for more than an hour. The reason is that humans get bored very easily if forced to take part in something which does not hold their interest the mind wanders and nothing gets done. The same is not true of gameing in gameing a player who is still playing after 14 hours of solid gaming is doing it because he is very much still interested in what he is doing.
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ChurchHatesTucker (profile), 10 Mar 2009 @ 11:22am

Re:
It is a copyrighted and/or trademarked design used without permission and they should sue even if it didn't portray Sony in a bad light.

You honestly think you shouldn't be able to portray an object without permission of the trademark holder? Really?

Free speech FTW!
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chris (profile), 10 Mar 2009 @ 11:41am

i don't see the anti gaming angle
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Badger, 10 Mar 2009 @ 12:45pm

The real problem
I think the real problem is that the kid is playing a boring game. Look at his face in the picture!!!
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kirillian (profile), 10 Mar 2009 @ 12:46pm

Bad PR
I think the point that Mike kinda is heading toward is the fact that some group of anti-gaming fanatics are going to take Sony's "persecution" of their ideals as a sign that games really ARE EVIL...and that they are heading down the right path in their zeal to destroy the evil ones...they may even view Sony as being representative of some sort of "Axis of Evil" (sorry 'W'...couldn't resist) because of their prosecution...so...ya...I think, more than anything, it's just a stupid move on Sony's part...whether or not they have the RIGHT to prosecute is completely pointless...of course they have the right...they bought it when they hired litigation lawyers and when they supported their corrupt politicians years ago...of course they have the RIGHT...but only an idiot would exercise it in this particular case...

...idiots...
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Anyone for a rousing game of Parcheesy?, 10 Mar 2009 @ 2:44pm

I can understand Sony's issue with it. They designed the controller. It is their design that was being used for purposes directly opposed to their reason for being in business. I notice things like that all the time in ads, movies, posters, shows. Red soda cans with the Coca~cola ribbon but fake words, pickup trucks without the emblem on the front in Hardee's commercials, etc. People do pick up on subtleties, sometimes without even realizing the intent behind the images. They didn't take a Nintendo controller from the NES, they took the design of probably the most widely recognized gaming system since the mid/late nineties. They knew what they were doing.
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spaceman spiff, 10 Mar 2009 @ 3:11pm

Sony - so long, it was nice knowing you... NOT!
And another reason why Sony will never get another sou from me and mine. What maroons! They are destined for the dust heap of history, along with their cousins at Microsludge.
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Anonymous Coward, 11 Mar 2009 @ 6:39am

ever since my PC was crashed by their VIRUS Securom, I have lost all respect for this company.

How does it feel to know your in your last days SONY?

I hope they lose 300% of what they are sueing for in legal fees.
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