It’s been years since we first heard that Lindsay Lohan was planning to sue Take-Two Interactive, claiming that they had illegally used her likeness in Grand Theft Auto V. Despite most people dismissing the validity of her argument, she’s kept on fighting, and this past March a New York Supreme Court judge ruled that she could move forward with the suit. It looks like her victory has been short lived, however, as now a judge has thrown out her case entirely.

According to the appeals court ruling, the suit was thrown out because of a clause in the Civil Rights Law which Lohan states was broken by Take-Two. This clause states that claims like Lohan’s “must fail because defendants did not use [plaintiffs’] name, portrait, or picture,’” which is indeed the case here: Take-Two never referred to Lohan by name, used her actual voice, or showed a real image of her in the game or its promotion. Furthermore, the court noted that even if the game’s assets were based off Lohan’s likeness, it would fall under the protection of the First Amendment, as the game’s “unique story, characters, dialogue, and environment, combined with the player’s ability to choose how to proceed in the game, render it a work of fiction and satire.

That said, Lohan has the opportunity to appeal this case now, so it’s not likely that this lawsuit is done for good. We’ll just have to wait and see if she continues pushing forward or chooses to abandon the effort. Which path do you think she should take? Which one do you think she will take? Do you think Take-Two and Rockstar really did steal her image, and should she be compensated for it? Or is this all a big publicity stunt? Give us your opinion on all this in the comments!

Source: New York State Courts (via GameSpot)

Our Verdict

Tyler Meehan
Tyler is verbose. He apologizes for that. Tyler "Alpha" Meehan's first experiences with gaming came from his cousins' NES and the Mario games that went with it. They were fun, but merely brief distractions while on the road (yes, they had an NES in their car. It was awesome, and he was jealous). Still, nothing compared to his Star Wars books. OR SO HE THOUGHT. His love of gaming truly began when he and a friend came together to beat the Nintendo 64's Mission: Impossible, a challenge so intense that Tyler bought his own console to facilitate its defeat. Upon being introduced to Ocarina of Time (an introduction that included, among other spoilers, the freakin' final boss fight. GEEZ, PHILIP), his lot in life as a Nintendo fanboy was sealed in stone. His ability to recall absolutely useless video game information served him well during the Pokémon craze, and helped him aid numerous friends in their own endeavors to defeat games like Majora's Mask and Kingdom Hearts. Those were good days. Good days... The Zelda series soon became his primary obsession fascination, but additionally he was soon introduced to text-based RPGs by one of his schoolmates. Discovering that he had a knack for the English language and a strong love of telling stories, he started putting effort into writing his own storylines. That all got put onto the backburner, though, when he discovered the Zelda online community, particularly The Desert Colossus's Hyrule Adventures 2, an online text RPG based in the Zelda world. He joined under the pseudonym of "Alpha" and soon became one of their lead writers, going so far as to join the moderator staff and, in a year's time, become the head administrator of the RPG. During this time, Twilight Princess was released, and he joined several other TDCers in posting their thoughts on the game - his "Twilight Impression Posts" lasted for several months and were well received by the community. Staying on even after the webmaster was forced to retire, he continued to provide occasional news posts and articles for the site, until it became clear that the site was dying. He turned his focus back to Hyrule Adventures 2 and his college studies, until the latter forced him to stop work on the former. Tyler graduated a few years ago from the Georgia Institute of Technology with a Bachelors in Computer Science, and now serves as a software engineer for a rather large company that he doesn't feel like telling you all about (he's a jerk like that sometimes). His love of gaming and writing still strong, he joined the Zelda Informer staff in early 2013 to write a walkthrough for The Wind Waker, but later began using his English skills to become ZI and Gamnesia's first dedicated Copy Editor. When not trying to get Brian to shut up in Gamnesia's group chat, he spends his time writing Zelda fanfiction, planning some original fantasy stories that he may or may not try to publish some day, and playing games on his Wii, PlayStation 3, and Nintendo 3DS. He intends to get a WiiU sooner or later, probably around when Pikmin 3 comes out, but has little interest in the other consoles currently. Also, he can't stand writing bios in first-person. Talking about yourself like that is just...weird.


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