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!