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

from the swing-and-a-miss dept

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.

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

Red Sox' David Ortiz Unleashes An Expletive During Televised Speech; FCC Says 'F**k It'

from the considering-the-Bostonian-'spirit,'-it's-amazing-it-was-just-the-one dept

At times, there's no one in a more unenviable position than the chairman of the FCC. When not dealing with larger issues like net neutrality and wireless competition, you're at the beck and call of every member of an Overly Concerned Citizens' Group that feels the need to start a letter-writing campaign any time an expletive hits the airwaves.

Bono fired off an f-bomb at the Grammys and someone let Nicole Richie make the most of her what-am-I-for fame by giving her a microphone and allowing her to explain how difficult removing cow shit from a Prada purse is. The Second Circuit Court of Appeals has twice found the FCC's rules on so-called "fleeting expletives" to be a violation of the First Amendment. That, of course, matters little to angry letter writers who somehow believe The Children will be encouraged to swear by potty-mouthed celebs.

(As if every 8-year-old in the nation wasn't using these words already. I don't remember exactly when I started swearing but I do remember the first time I got busted for it: 4th grade. This may seem precocious [or developmentally-challenged -- YMMV], but keep in mind that Tim Geigner fired off his first expletive sometime during his second trimester.)

Do-gooders on one side, real people on the other. In between, the FCC stands as a porous bulwark against inadvertent live sweariness. It can't stop it. It can't even hope to contain it. And when someone hits the airwaves during a celebratory event following a horrible tragedy, chances are they're going to speak freely. And by "freely," I mean they'll be using the sort of language that most Americans use when emotionally charged.

It was, in five words, the encapsulation of a city's defiance – bowed, but never broken. Not even close. It also happened to be NSFW (not safe for work). Or children. Or anyone in Mr. Rogers' neighborhood.

It was the declaration by legendary Red Sox slugger David Ortiz in pregame ceremonies Saturday, which were broadcast nationwide.

"This is our f------ city, and nobody's going to dictate our freedom."

Normally, this sort of casual swearing would net the offending network a $1 million fine (which would then be thrown out by the court). Not this time. Instead, FCC head Julius Genachowski took to the new face of journalism -- Twitter -- and declared his (and his office's) solidarity with the people of Boston.

David Ortiz spoke from the heart at today's Red Sox game. I stand with Big Papi and the people of Boston - Julius

— The FCC (@FCC) April 20, 2013

Perhaps Genachowski knew this was no time to be playing censor for a small (but noisy) selection of prudish busybodies. Perhaps he felt Ortiz's speech encapsulated the city of Boston so thoroughly it should not be (excuse the language) fucked with. Perhaps he realized that swearing is an indelible part of Boston's linguistic oeuvre, only equalled by its defiant refusal to pronounce the letter R.

Perhaps Genachowski, with one foot out the door, preferred to leave on a high note and with his (and Boston's) dignity intact. An incoming FCC head may reverse Genachowski's Twittered decision, but that person would need a heart of stone and a lobotomy to pursue any action against the network for airing a triumphant, cathartic speech unedited. Perhaps the classiest thing to do would be to let it ride and maybe throw JG a Boston-style parting gift.

Filed Under: censorship, david ortiz, fcc
Companies: red sox