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(Kotaku)   Sony is suing its spokesman for playing Wii in a new ad   (kotaku.com) divider line 68
    More: Amusing, Wii, Sony, California Secretary of State, Bridgestone, Sony Computer Entertainment America  
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14885 clicks; posted to Main » on 07 Oct 2012 at 12:11 PM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2012-10-07 12:14:41 PM
I'll just go ahead and assume the guy has a clause in his contract about not doing anything with any other gaming platform. Although if Bridgestone edited out, it does seem like a bit of a dick move by Sony. Plus the Wii is a dying console, no reason to be sensitive about it.

/perhaps Sony is still butthurt over the fact their ice cream cone motion control never really caught on
 
2012-10-07 12:15:16 PM
I'm gonna go play with my Wii and then play some video games.
 
2012-10-07 12:17:18 PM
I know it wasn't a WII commercial, but they would have tapped into a more mature market if they used This as their commercials.
 
2012-10-07 12:17:47 PM
Hey Sony nice way to hype up Wii U.
 
2012-10-07 12:17:48 PM
Anyone who's ever worked for GM, Coca-Cola, Pepsi, or Budweiser is nodding sagely while reading that article.
 
2012-10-07 12:18:57 PM

farkingismybusiness: I'm gonna go play with my Wii and then play some video games.


You should send some UWIE and then upgrade to the WiiU
 
2012-10-07 12:19:46 PM
assets.sbnation.com
 
2012-10-07 12:20:44 PM
I'm glad someone is playing it. Mine just gathers dust.
 
2012-10-07 12:21:52 PM
He apparently shouldn't have stepped his game up.
 
2012-10-07 12:26:02 PM
Their suing him for doing what all their customers were doing?
 
2012-10-07 12:26:21 PM
Yes, because Playstation is so threatened by a dying console.
 
2012-10-07 12:27:57 PM

Fart_Machine: I'm glad someone is playing it. Mine just gathers dust.


Yep. Mine might as well be called Wiitwilightprincess, because I feel I bought the box only for that. I tried a few other games, but none of them really stuck. When I have some more time, I think I'll pluck up the gems from the catalog when they are dirt cheap.

I have an old Xbox that runs linux and emulators for my retro gaming needs so I never got into the Wii store.
 
2012-10-07 12:29:41 PM
Former spokesman. But yeah, it was supposedly edited out.
 
2012-10-07 12:31:50 PM
Only times the Wii gets used is when my nephew comes over since it has more kid friendly games.
 
2012-10-07 12:32:38 PM
I'd be more interested in Sony or Xbox if they bothered with backwards compatibility like Nintendo does. I'd rather have one system to play all of my games on than 2 or 3 different generations of consoles taking up room and gathering dust.
 
2012-10-07 12:33:47 PM
I've only used my Wii for Netflix in the last two years, at least. It is pretty good for Netflix though.
 
2012-10-07 12:34:52 PM

The My Little Pony Killer: I'd be more interested in Sony or Xbox if they bothered with backwards compatibility like Nintendo does. I'd rather have one system to play all of my games on than 2 or 3 different generations of consoles taking up room and gathering dust.


The dropped the Gamecube compatibility in the current Wii generations.
 
2012-10-07 12:35:58 PM
I believe it is a standard contract clause that an actor can't be in an advertisement for another product in the same class as one he's already in an advertisement for, for as long as they're contracted for the first product. Meaning if you're in a Pepsi or McDonald's commercial, you can't immediately then do a Coke or Burger King commercial. Or Flo can't do a Geico commercial and Dennis Haysbert can't suddenly start doing Progressive commercials.

That said, Lambert may be in the clear, here. He had a separate contract with Bridgestone (he's been in Bridgestone commercials before, including a couple of Super Bowl commercials last year (Giddyup, Deion!) This may be a "Rock and a hard place" situation for him; If he does the Bridgestone commercial, he's in breach of contract with Sony; but if he refuses, he's in breach of contract with Bridgestone. If he can prove he had no way of knowing that Bridgestone would want him to do something like this in a commercial when he originally signed a contract with them, they'll drop him. Bridgestone, of course, is screwed, because they should've known better than to have an actor under contract with Sony to be a PS spokesperson play a Wii.
 
2012-10-07 12:36:47 PM

Fart_Machine: The My Little Pony Killer: I'd be more interested in Sony or Xbox if they bothered with backwards compatibility like Nintendo does. I'd rather have one system to play all of my games on than 2 or 3 different generations of consoles taking up room and gathering dust.

The dropped the Gamecube compatibility in the current Wii generations.


I thought they just dropped compatibility with the original GC controllers to force people into buying the wireless ones.

/has one of the older Wiis
//will not be looking into getting the WiiU
 
2012-10-07 12:41:00 PM
It Only Sues Everything™
 
2012-10-07 12:41:59 PM
Sony is suing its spokesman for playing with his Wii in a new ad

Fixed
 
2012-10-07 12:42:38 PM
It would also be crazy if the fine print of Lambert's contract with Sony didn't include some mention of not being seen to endorse competing products for some set amount of time.

If it did, he needs to get a new agent.
 
2012-10-07 12:43:21 PM

The My Little Pony Killer: I thought they just dropped compatibility with the original GC controllers to force people into buying the wireless ones.


Wireless GC controllers plug receivers into the same slots as the wired ones. But newer Wii models don't have the GC slots, so the option to play GC titles is removed.
 
2012-10-07 12:44:40 PM

IlGreven: I believe it is a standard contract clause that an actor can't be in an advertisement for another product in the same class as one he's already in an advertisement for, for as long as they're contracted for the first product. Meaning if you're in a Pepsi or McDonald's commercial, you can't immediately then do a Coke or Burger King commercial. Or Flo can't do a Geico commercial and Dennis Haysbert can't suddenly start doing Progressive commercials.

That said, Lambert may be in the clear, here. He had a separate contract with Bridgestone (he's been in Bridgestone commercials before, including a couple of Super Bowl commercials last year (Giddyup, Deion!) This may be a "Rock and a hard place" situation for him; If he does the Bridgestone commercial, he's in breach of contract with Sony; but if he refuses, he's in breach of contract with Bridgestone. If he can prove he had no way of knowing that Bridgestone would want him to do something like this in a commercial when he originally signed a contract with them, they'll drop him. Bridgestone, of course, is screwed, because they should've known better than to have an actor under contract with Sony to be a PS spokesperson play a Wii.


The ad is not for the Wii, case closed.
 
2012-10-07 12:45:46 PM

lemurs: The My Little Pony Killer: I thought they just dropped compatibility with the original GC controllers to force people into buying the wireless ones.

Wireless GC controllers plug receivers into the same slots as the wired ones. But newer Wii models don't have the GC slots, so the option to play GC titles is removed.


How so? The Wii classic controllers have analog sticks and a plethora of buttons to suffice.
 
2012-10-07 12:49:58 PM

rocky_howard: How so? The Wii classic controllers have analog sticks and a plethora of buttons to suffice.


The Wii implements backwards-compatibility in hardware, essentially becoming a Gamecube. But since Gamecube games weren't written with support for Wii remotes, they can't use them. So by taking out the controller ports (and making the hardware cheaper to produce), Gamecube games become unplayable.
 
2012-10-07 12:50:15 PM

IlGreven: I believe it is a standard contract clause that an actor can't be in an advertisement for another product in the same class as one he's already in an advertisement for, for as long as they're contracted for the first product. Meaning if you're in a Pepsi or McDonald's commercial, you can't immediately then do a Coke or Burger King commercial. Or Flo can't do a Geico commercial and Dennis Haysbert can't suddenly start doing Progressive commercials.


I think it is somewhat revealing that Sony is suing over trademark infringement, not breach of contract. If he'd violated his contract, it'd be over that, and it'd be open and shut - that it is not suggests that either his contract expired, or this didn't violate it. So that means Sony is basically trying to say that he (!) or the character he portrayed (more likely) is part of their trademark, and can't be used like this. If it goes to court, I wouldn't give them very good odds - unless they obviously used the character from the Sony ads, reusing the actor doesn't imply you are portraying that character, and juries will be...unsympathetic to the idea that a person can be made a trademark against their will.
 
2012-10-07 12:50:56 PM
Nintendo has been trolling Sony for years.
 
2012-10-07 12:57:05 PM

r1niceboy: Anyone who's ever worked for GM, Coca-Cola, Pepsi, or Budweiser is nodding sagely while reading that article.


Dave Chappelle did spots for Pepsi and Coke...he truly gave no farks.
 
2012-10-07 01:03:52 PM
Omg im so awesome i dont play wii even though i spent 300 dollars on it
/thread
//morons
 
2012-10-07 01:08:13 PM

lemurs: rocky_howard: How so? The Wii classic controllers have analog sticks and a plethora of buttons to suffice.

The Wii implements backwards-compatibility in hardware, essentially becoming a Gamecube. But since Gamecube games weren't written with support for Wii remotes, they can't use them. So by taking out the controller ports (and making the hardware cheaper to produce), Gamecube games become unplayable.


Who's talking about remotes?

These are the Wii Classic Controllers:

images.bidorbuy.co.za
www.digimartz.com
 
2012-10-07 01:13:41 PM

ha-ha-guy: I'll just go ahead and assume the guy has a clause in his contract about not doing anything with any other gaming platform. Although if Bridgestone edited out, it does seem like a bit of a dick move by Sony. Plus the Wii is a dying console, no reason to be sensitive about it.


He's not playing it even in the unedited version.

img.gawkerassets.com 
But he did appear in a commercial also endorses Wii so I think he's screwed.
 
2012-10-07 01:18:01 PM

hitmanric: I know it wasn't a WII commercial, but they would have tapped into a more mature market if they used This as their commercials.


It's.... it's.... so hypnotic.... it's beautiful....
 
2012-10-07 01:18:05 PM
They trademarked the dude's face? Can you do that?
 
2012-10-07 01:21:11 PM

The My Little Pony Killer: //will not be looking into getting the WiiU


Yup. I don't like mario and zelda that much to justify the money and the limited game library.
 
2012-10-07 01:26:59 PM
There are three possibilities

1. Butler got hired to do one commercial, which become 2 and 3 then downright spokes person but Sony never updated the original contract to make it exclusive. The first contract was surely not "you will be our exclusive spokesman".

2. Butler ended up with an exclusive contract, as to video games. However, he represents himself through Wild Creek and screwed the pooch by not reading the ad script.

3. The people who made the Ad didn't follow the script and they are the source of the problem.

/Know nothing of intellectual property to tell who might have to pay.
 
2012-10-07 01:31:42 PM
Sony can burn if they attack KB. He is responsible for a large portion of their success, due to his hilarious and convincing ads.

/definitely wants a WiiU
/better graphics, ZombiU, Zelda, new SSB, and better versions of multiplat games
 
2012-10-07 01:35:47 PM

Mitrovarr: I think it is somewhat revealing that Sony is suing over trademark infringement, not breach of contract. If he'd violated his contract, it'd be over that, and it'd be open and shut - that it is not suggests that either his contract expired, or this didn't violate it. So that means Sony is basically trying to say that he (!) or the character he portrayed (more likely) is part of their trademark, and can't be used like this. If it goes to court, I wouldn't give them very good odds - unless they obviously used the character from the Sony ads, reusing the actor doesn't imply you are portraying that character, and juries will be...unsympathetic to the idea that a person can be made a trademark against their will.


I'm fairly certain that California law unambiguously assigns control over one's image to the person whose image it is. This was filed in California, and if that is what is being asserted it will be tossed real quick.

IlGreven: I believe it is a standard contract clause that an actor can't be in an advertisement for another product in the same class as one he's already in an advertisement for, for as long as they're contracted for the first product. Meaning if you're in a Pepsi or McDonald's commercial, you can't immediately then do a Coke or Burger King commercial. Or Flo can't do a Geico commercial and Dennis Haysbert can't suddenly start doing Progressive commercials.

That said, Lambert may be in the clear, here. He had a separate contract with Bridgestone (he's been in Bridgestone commercials before, including a couple of Super Bowl commercials last year (Giddyup, Deion!) This may be a "Rock and a hard place" situation for him; If he does the Bridgestone commercial, he's in breach of contract with Sony; but if he refuses, he's in breach of contract with Bridgestone. If he can prove he had no way of knowing that Bridgestone would want him to do something like this in a commercial when he originally signed a contract with them, they'll drop him. Bridgestone, of course, is screwed, because they should've known better than to have an actor under contract with Sony to be a PS spokesperson play a Wii.


Isn't an agent supposed to screen contracts and scripts for possible conflicts like this? Also, if this is true (and I have never seen this guy before that I'm aware of) if I'm not mistaken, the provisions of the second contract that violated the first contract should be nullified by the court in the process of dismissing the case. This is why most contracts have "severability" clauses, if one or more terms are nullified (or severed from the contract) by law or courts the rest of the contract continues to be binding.
 
2012-10-07 01:41:28 PM
I honestly thought this would happen the first time I saw the Bridgestone ad. He's just too recognizable as the Playstation guy. Can't blame Sony one bit

/with a stick.
 
2012-10-07 01:48:08 PM

rocky_howard: lemurs: rocky_howard: How so? The Wii classic controllers have analog sticks and a plethora of buttons to suffice.

The Wii implements backwards-compatibility in hardware, essentially becoming a Gamecube. But since Gamecube games weren't written with support for Wii remotes, they can't use them. So by taking out the controller ports (and making the hardware cheaper to produce), Gamecube games become unplayable.

Who's talking about remotes?

These are the Wii Classic Controllers:


Those are also remotes. As in, "Remote Controllers".
 
2012-10-07 01:48:31 PM

JonZoidberg: Fart_Machine: I'm glad someone is playing it. Mine just gathers dust.

Yep. Mine might as well be called Wiitwilightprincess, because I feel I bought the box only for that. I tried a few other games, but none of them really stuck. When I have some more time, I think I'll pluck up the gems from the catalog when they are dirt cheap.

I have an old Xbox that runs linux and emulators for my retro gaming needs so I never got into the Wii store.


Minor threadjack, but how did you get your xbox (xbox 360?) to have an emulator? How do you get games for it?

I have an NES and Sega emulator on my laptop, but playing old school games on my Xbox would be awesome.
 
2012-10-07 01:56:17 PM
Kevin Butler?

art.penny-arcade.com
 
2012-10-07 01:56:57 PM

JonZoidberg: Fart_Machine: I'm glad someone is playing it. Mine just gathers dust.

Yep. Mine might as well be called Wiitwilightprincess, because I feel I bought the box only for that. I tried a few other games, but none of them really stuck. When I have some more time, I think I'll pluck up the gems from the catalog when they are dirt cheap.

I have an old Xbox that runs linux and emulators for my retro gaming needs so I never got into the Wii store.


Pikmin is worthwhile.
 
2012-10-07 02:02:07 PM

The My Little Pony Killer: Fart_Machine: The My Little Pony Killer: I'd be more interested in Sony or Xbox if they bothered with backwards compatibility like Nintendo does. I'd rather have one system to play all of my games on than 2 or 3 different generations of consoles taking up room and gathering dust.

The dropped the Gamecube compatibility in the current Wii generations.

I thought they just dropped compatibility with the original GC controllers to force people into buying the wireless ones.

/has one of the older Wiis
//will not be looking into getting the WiiU


Nintendo announced that it will not be compatible with either Gamecube disks or controllers. Gamecube used a different set of disks that the Wii hardware was capable of loading, but the WiiU will not. They will be providing Gamecube games for download on their virtual market.
 
2012-10-07 02:02:39 PM

ha-ha-guy: I'll just go ahead and assume the guy has a clause in his contract about not doing anything with any other gaming platform. Although if Bridgestone edited out, it does seem like a bit of a dick move by Sony. Plus the Wii is a dying console, no reason to be sensitive about it.

/perhaps Sony is still butthurt over the fact their ice cream cone motion control never really caught on


Meh, all three are dying right now, which is why they're going nuts to protect what's left of a dwindling cut of the pie. PS3, Xbox360 and Wii are all short-timers limping along until the next generation, while trying to fend off mobile gaming, which has completely dominated all gaming spends - from exactly the market that Sony and MS have been unsuccessfully trying to crack into for so long, and Nintendo has lost its mobile crown. Too little too late from all three, unfortunately.

Nintendo has been mocked for the hand it laid out, sure, but it's not like Sony and MS are going to blow away anyone but the hardcore.
 
2012-10-07 02:04:16 PM

FrAnKiE!!!!: rocky_howard: lemurs: rocky_howard: How so? The Wii classic controllers have analog sticks and a plethora of buttons to suffice.

The Wii implements backwards-compatibility in hardware, essentially becoming a Gamecube. But since Gamecube games weren't written with support for Wii remotes, they can't use them. So by taking out the controller ports (and making the hardware cheaper to produce), Gamecube games become unplayable.

Who's talking about remotes?

These are the Wii Classic Controllers:


Those are also remotes. As in, "Remote Controllers".


Am I imagining those cables then?

Don't be glib. Those aren't "remote controllers". And people don't refer to them in that way. Just admit you were mistaken.
 
2012-10-07 02:06:51 PM

rocky_howard: FrAnKiE!!!!: rocky_howard: lemurs: rocky_howard: How so? The Wii classic controllers have analog sticks and a plethora of buttons to suffice.

The Wii implements backwards-compatibility in hardware, essentially becoming a Gamecube. But since Gamecube games weren't written with support for Wii remotes, they can't use them. So by taking out the controller ports (and making the hardware cheaper to produce), Gamecube games become unplayable.

Who's talking about remotes?

These are the Wii Classic Controllers:


Those are also remotes. As in, "Remote Controllers".

Am I imagining those cables then?

Don't be glib. Those aren't "remote controllers". And people don't refer to them in that way. Just admit you were mistaken.


Fine, then. I'll explain. He said it's implemented in hardware. He wasn't specifying the "wiimotes". He was saying you can only play gamecube games with gamecube cnotrollers.
 
2012-10-07 02:07:17 PM

bearcats1983: JonZoidberg: Fart_Machine: I'm glad someone is playing it. Mine just gathers dust.

Yep. Mine might as well be called Wiitwilightprincess, because I feel I bought the box only for that. I tried a few other games, but none of them really stuck. When I have some more time, I think I'll pluck up the gems from the catalog when they are dirt cheap.

I have an old Xbox that runs linux and emulators for my retro gaming needs so I never got into the Wii store.

Minor threadjack, but how did you get your xbox (xbox 360?) to have an emulator? How do you get games for it?

I have an NES and Sega emulator on my laptop, but playing old school games on my Xbox would be awesome.


Original Xbox only. You have to reflash it with XBMC, then you can install emulators like SNES9x and MAME, and other packages like romcollectionbrowser as frontends.
 
2012-10-07 02:23:00 PM

FrAnKiE!!!!: Fine, then. I'll explain. He said it's implemented in hardware. He wasn't specifying the "wiimotes". He was saying you can only play gamecube games with gamecube cnotrollers.


Ah alright. I see. Bad choice by the big N.
 
2012-10-07 02:47:57 PM
I didn't think I would be able to post this again...

i52.tinypic.com

BTW were is the Sony Employee and/or Fanboy Mike_LowELL?
 
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