That Didn't Take Long: MLB Plans Action Against Fallout 4 David Ortiz Mod

from the swing-and-a-miss dept

Tue, Nov 17th 2015 1:56pm — Timothy Geigner

Fallout 4 was recently released to a world full of ready gamers eager to get their paws on the latest installment in the franchise. And, because the game was released on the PC, modders immediately got to work on the title, coming up with fun little customizations for it. Those mods ranged from altering the companions players can recruit within the game to more cosmetic changes. One of those cosmetic changes included a custom outfit which allowed for players to don a David Ortiz Boston Red Sox jersey while cracking skulls with a baseball bat for a weapon. And, of course, Major League Baseball got its knickers in a twist over it.

If you're not aware, this latest game takes place in post-apocolyptic Boston. The player can roam the streets of the once-great city, picking up any number of items along the way to aid in their quest. The game even includes a bombed out depiction of Fenway Park, where the Red Sox play. One modder took the next logical step.

Richie Branson created a David Ortiz mod, and gave players the chance to bash baddies in a full Red Sox uniform. (Kindly overlook the fact that Big Papi’s actually a lefty.) It was a neat, free customization, but MLB was not as receptive. Steve Annear of the Boston Globe received a terse comment about the mod from a league spokesman:

“The use of these marks is an infringement of our rights. We plan to enforce those rights,” an MLB spokesman said in an e-mail Thursday.

Branson had reportedly said that if MLB actually requested it, he would voluntarily take the mod down. It seems likely that request came, because the mod is no longer available for download. And for what? The modding community regularly makes use of existing material in doing their work. Characters from one series are brought into another. Weapons from one set of fiction are foisted in a game where they did not originally appear. And, yes, David Ortiz's Red Sox jersey made its way into Fallout 4. The mod wasn't being sold. The mod wasn't made by the folks behind Fallout 4. This was an independent modder having a little bit of fun.

And MLB shut it down. Is there really commerce to consider here in protecting the team's trademarks? Please. No, this is permission culture run amok. Thanks to this little power play, gamers are denied the opportunity to bash in mutant skulls while wearing an Ortiz jersey. Just like the framers of trademark law intended, I guess.

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Filed Under: david ortiz, fallout 4, mods, privacy rights, trademark, video games
Companies: mlb

23 Comments

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Anonymous Coward, 17 Nov 2015 @ 2:25pm

Too late, MLB. It's on the internet. It will never be gone.
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Anonymous Coward, 17 Nov 2015 @ 2:46pm

just sue "the internet"
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Anonymous Coward, 17 Nov 2015 @ 2:53pm

http://cdn.arstechnica.net/wp-content/uploads/2014/02/south-park-internet-router-640x359.png
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Digitari, 17 Nov 2015 @ 2:57pm

sorry....
Whats "MLB"?
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- Anonymous Coward, 17 Nov 2015 @ 3:12pm
  
  Re: sorry....
  Major League Boneheads.
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  - Anonymous Coward, 17 Nov 2015 @ 11:29pm
    
    Re: Re: sorry....
    I suspect it was a serious question, I'm from the UK and I had no idea until I looked it up.
    
    Baseball just isn't big here at all.
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- wereisjessicahyde (profile), 17 Nov 2015 @ 3:22pm
  
  Re: sorry....
  Moronic Litigious Bastards
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Anonymous Coward, 17 Nov 2015 @ 3:17pm

Start wac-a-mole now
How many players are there and how many teams? What a stupid move by the MLB. They are pretty good at wasting time but this is just going to lead to a mod where you can just pick your uniform rather than prevent it.
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Anonymous Coward, 17 Nov 2015 @ 3:25pm

Thank god they shut it down. I got confused and thought I was actually at a major league game when using that mod. I almost called the police because suddenly we were being attacked by mutants! After this weekend you can't be too careful.
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Anonymous Coward, 17 Nov 2015 @ 3:27pm

Thank god Games Workshop never shut down the 40k mods for Fallout 3 and New Vegas. Keeping my fingers crossed for Fallout 4; could end up being the best 40k game since Space Marine.
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Christopher Weigel (profile), 17 Nov 2015 @ 3:52pm

They have a point...
After all, how long until CNN or Fox gets ahold of some of the footage?
"Watch this horrifying footage of David Ortiz bashing an innocent ghoul's head in! What kind of monster is he? Find out in our special at 11."
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- Anonymous Coward, 17 Nov 2015 @ 7:34pm
  
  Re: They have a point...
  They're trying to stop North Korea from using it in their next propaganda video.
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Anonymous Coward, 17 Nov 2015 @ 4:10pm

This is all because "America's past time" feels threatened by video games!
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- JoeCool (profile), 17 Nov 2015 @ 5:04pm
  
  Re:
  Well, if they had the REAL Ortiz come out and bash in ghoul heads before each game, maybe attendance would increase.
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Blackfiredragon13 (profile), 17 Nov 2015 @ 5:09pm

No sense
I mean, if the whole "paid mods" thing on steam actually went through, This would make sense and be understandable. But this? This is ridiculous.
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Anonymous Coward, 17 Nov 2015 @ 5:09pm

Guess my days of wearing that B hat are over. From here on out The Bo-sox will need to pay for said hat and compensate me for wearing it.
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Anonymous Coward, 17 Nov 2015 @ 5:45pm

much like the church taking objection their fictional depiction in a video game
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Zem, 18 Nov 2015 @ 2:53am

Could have been worse
Richie should count himself lucky. If they game had been set in Chicago instead, he would have also been done for cheating in game.
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Bobbert, 18 Nov 2015 @ 6:55am

their rights
"“The use of these marks is an infringement of our rights."
...
infringing on their right to.... what?
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Digitari, 18 Nov 2015 @ 7:02am

Opps sorry
thanks, now I know "MLB" means "Many lame bitches" (I live in Texas, if it aint football, it aint a sport)
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Anonymous Coward, 18 Nov 2015 @ 7:20am

Repost it....EVERYWHERE!
Watch their heads explode when this mod makes it way on to every download site...
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G-man, 18 Nov 2015 @ 9:09am

Lol, MLB.... What a bunch of boners!
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DerpDeDurpDaDoo, 23 Nov 2015 @ 11:08am

MDerpL
Good luck, batbros. No profit and it's on the internet. What you going to sure them for?

Should be glad people still watch that stupid game - especially with things like Fallout in existence.

Why watch grown men act like kids for millions when I can act like a kid and pretend I'm in a nuclear wasteland??
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