Orton can only sell the rights to the things that he owns. He certainly owns his likeness, his face and body shape, etc., but that likeness might not include the artwork on his body. Orton didn’t do anything wrong in selling his likeness rights unless he specifically represented that he did indeed own the rights to…

The likeness only includes the tattoos if the person who owns the likeness also owns the rights to the artwork. It might end up being the legal precedent that because the artwork is done on a human body that the rights automatically pass with the payment for the work done in applying them, but that would make it…

Take 2 didn’t sell an extra copy of the game based on the inclusion of music tracks in the game, but they definitely had to pay the licensing fees to the artists that created those works. It’s a commercial work which featured a reproduction of a piece of art. Either Orton owned the reproduction and sales rights to…

We should not simply assume that any purchase includes a transfer of all rights to the thing purchased. Indeed, most of the things that we purchase are exclusively for our personal use. If Orton wanted to own the right to sell reproductions of the art that he was purchasing, then he should have made that an explicit…

It’s only “his” in the sense that he owns all rights to it, if those rights were part of his purchase. That’s not necessarily the case. Most of the purchases that we make do not include all possible rights to the product, just the right to use the product in our personal lives. And most purchases definitely do not…

Right, but nobody buys sports games for the soundtrack, but they do include songs in the game and if they put those songs in the game without paying the appropriate licensing fees they they will be sued, and rightly so.

I don’t think so. Orton has the right to license his likeness, so he did nothing wrong by signing that away to the WWE. The question is whether the tattoo art is included in the likeness rights that he had the authority to sign away. The only way that I could see Orton being at fault is if he made some kind of…

Nobody buys a wrestling video game in order to hear the songs that are on the soundtrack, but you better believe that if they include a song in the game they better be paying royalties to the artist that made it.

Think about it this way: if you buy a poster from an artist displaying their work, can you then make copies of that poster and sell them? No, of course you can’t. But that’s exactly what Take 2 is doing here, making lots and lots of copies of art which was originally a unique piece sold to a specific individual.…

Just as a point of clarification, courts of the same level don’t have presedential control over each other. They’re free to issue rulings which completely disagree with one and other. They’re only bound by the decisions of a higher court, either at the appellate level or Supreme Court (the interplay between state and…

See, on the flip side, I dropped Breath of the Wild super quickly because I just could not get into it. But I don’t object to open world games in general, and a Spidey theme/story is very much in my interests. Of course, it’s pretty silly for me to be on the side arguing how much I’d probably like a game that I…

Sure, I’ll play Halo, and I’ll continue playing Sea of Thieves, which I rather enjoy. But really, exclusive games really aren’t a huge factor for me because there are way more good games than I could ever play, so while I might smart a bit about not being able to play Spider-Man, if I want to play a video game, I’ll…

While the thought is appreciated, Spider-Man 2 was a game that I loved back in the day, and Ultimate Spider-Man (which everyone seems to forget) was even better. I just really miss that gameplay, and the chance to do it again is pretty appealing. Not appealing enough to buy a whole console for it, but enough that not…

I’ve never really been a fan of Playstations and always gravitate more to the Xbox. So grain of salt or whatever, but I don’t see much there that would get me excited, other than the continuing pain of not being able to play the Spider-Man game.

Yeah, the main thing was that you got fewer points for doing the same trick over and over, so if you had hit left on the d-pad when you started your grind and were about to switch to another rail, just make sure to hit some other direction on the d-pad when you do the next grind. You didn’t really need to know the…

The weird thing for me is that there was a time in my youth where I would work hard to get good at games. I never really got into mastering fighting games, but I got fairly skilled at online multiplayer FPS games (Team Fortress Classic was my jam), and I put a ton of time into becoming really great at the Tony Hawk…

Wow, never a comment more star-worthy.

Had the same thought.

Had the same thought.

Just to add another aspect as to why the Confederate flag is racist, what we call the Confederate Flag today wasn’t even the official flag of the Confederates, but was a battle flag used by some of their commanders. It rose to prominence specifically as part of attempts in the late 19th and early 20th centuries to…

I’ve never understood how studios and game companies don’t know this. There are lots of fans that want a high quality recreation of the fictional world and the ability to wander around it in, interact with things, etc. People want to be able to wander around the Enterprise-D and see all the things that were never…