110°

Why the Sony vs Kevin Butler Lawsuit is Bonkers

Pixels or Death's Joseph Rush writes, "Never mind the fact that Sony never actually trademarked the 'Kevin Butler' character or that the actor, Jerry Lambert, has done Bridgestone commercials for years. This hullabaloo stems from the actor holding a Wii remote in his hands during the commercial. That’s it. He doesn’t say anything. He doesn’t wear a clever 'Kevin' name tag.

It’s as though Jerry Lambert is Prince Adam and any piece of video game hardware in existence is the Power Sword; Sony is insinuating that touching one transforms Lambert into Kevin Butler.

Sony is practically condemning this man to a lifetime of only being able to hold the Japanese manufacturer’s products."

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pixelsordeath.com
Xof4205d ago

Yes, it's bonkers because Sony is suing a man who violated the terms of his contract.

Riiiiiiiiiiiiight.

MAJ0R4205d ago

How do you know? Have you seen the contract?

dennett3164205d ago

If reports are to be believed, the ad showed after the contract was expired. He was no longer bound by those terms, and even if it were written into his contract in some way that he's not allowed to advertise other gaming products in the future, that could be challenged in court as it may place an unfair restriction on the man's livelihood.

Doesn't matter when it's filmed, it only matters when it's actually shown. Sony are effectively trying to own his face in perpetuity as it relates to games. It's ridiculous.

Gridloc4205d ago

Funny though that they pulled all of his commercials. Must have some merit...

Imalwaysright4205d ago

If he breached the contract why isnt Sony suing him? Why is Sony suing Bridgestone and not the person that breached the contract? Besides Sony is suing because they felt that Kevin Butler, the character they created was advertising for a direct competitor.

http://n4g.com/news/1097871...

This lawsuit is just as stupid as that "shapes" lawsuit from Apple and i hope that Sony loses and that Bridgestone and Lambert counter sue them.

morganfell4205d ago

Sony is suing the company (Wildcat Creek) of which the actor that plays Kevin Butler, Jerry Lambert, is President. That company manages all of Lambert's business as an actor.

Irishguy954205d ago

Really what do you see when you look at the ad? I see Kevin butler playing a Wii.

They should have at least put Jerry doing something else with the ad, he was obviously chosen to go into that segment because he's associated with gaming, due to sony.

+ Show (1) more replyLast reply 4205d ago
Gridloc4205d ago

Allowing another one of these articles is BONKERS...

ALLWRONG4205d ago

"Never mind the fact that Sony never actually trademarked the “Kevin Butler” character or that the actor, Jerry Lambert, has done Bridgestone commercials for years."

Sony is going to lose this one. You can't prevent actors from working. You do not own the actor, the clothes he wears, or what he sells.

hkgamer4205d ago

cant remember where I read it, but an article was on N4G.

basically it mentions that Jerry Lambert's company is doing a joint marketing scheme with Bridgestone that has a competition to win a Wii or something. Anyway, just trying to point out that Jerry Lambert is not as innoncent as it seems and he is using his fame from Sony ads to sell another console.

Not sure if you guys here are old enough, but a character from "friends" had a character who was a coffee shop worker called Gunther. Friends became a massive hit and Gunther(dunno his real name) did an commercial advertising a coffee maker, he and the company got ended up getting sued.

ChickeyCantor4205d ago

He isn't selling a console. He was selling tires. The Wii was just a " free bonus ".

He didn't play as Kevin Butler. I hope Sony loses. This is just ridiculous.

Knight_Crawler4205d ago

I am sure a gazillion people went out and bought a Wii after they saw that commercial -_-

Sony can not prove that the Wii benefited from having Jerry in the advert so the judge will tell Sony to bug off.

hkgamer4205d ago

@sidar

to be honest, since we dont know what his contract with Sony states, we can't really say who is right or wrong.

I'm sure if you advertise for Pepsi, I am pretty sure you are not allowed to be seen in public drinking a Coca-Cola.

ElectricKaibutsu4205d ago

@hkgamer
That's for people being sponsored by companies, not for people advertising. But, of course like you said, it depends on what's in the contract.

Qrphe4204d ago

@sidar
He was definitely marketing the Wii, Sony's competitor, no doubt about it

+ Show (2) more repliesLast reply 4204d ago
colonel1794205d ago

There has to be something wrong because Bridgestone removed Jerry Lambert from the commercial, otherwise they wouldn't have removed him. It's likely has to do with his contract whit Sony, but I think Sony is overreacting with this situation.

Knight_Crawler4205d ago (Edited 4205d ago )

Maybe they just did not want the bad attention...Sony should have just left it alone adfte Bridgedstone pulled the commercial but the fact that Sony is still pursuing this makes them look like scum bags.

Seriusly I doubt that the Wii sold allot because of this commercial so I do not see why Sony is acting like a diva.

@Soldier - that works both ways...Jerry made Kevin Butler who he is and took Sony out of the bad marketing reputation that they had, sure some other guy could have played KB but who is to say that they would have been as good as Jerry.

Also they covered it up because they did not want bad press which is what is happening now - no company wants there name involved in some law suit no matter the outcome.

Sony does not realize this but this makes them look like jerks and can damage PS3 sales - Bridge switched the commercial so why go further?

4205d ago Replies(1)
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280°

Sony Taps Bungie's Head of Revenue to Lead Live-Service Games

Sony has recruited Bungie's head of revenue Jaremy Rich to head up its live-service gaming division, Rich has announced on social media.

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techraptor.net
ChasterMies13d ago

Please do not put Destiny’s monetization into Sony’s first party games. The monetization is what’s driving players away from Destiny.

just_looken13d ago

The new temp boss is the sony cfo bean counter so i can see this being a thing get every penny.

Cacabunga13d ago

PlayStation officially losing it.. fans will never support gaas games

just_looken13d ago

@car

The new boss did a interview in japan he wants to tap into the mobile market like nintendio so he give 0 fucks about gamers/fans

https://www.pushsquare.com/...

Redemption-6413d ago

@Cacabunga
You only speak for you and those who think like you, but most fans will support what they want. Playstation and PC fans are literally supporting Helldivers 2 and that is a gaas. Maybe you wouldn't, but many more would if they like it.

Huey_My_D_Long13d ago

@Redemption-64
Look, Im not making any judgement calls about this guy, but I will say that Helldivers 2 GaaS model is unique to Helldivers, and legit the only other game I can think of thats similiar was the Avengers game except HD2 pass is still better.
The fact that you can earn in game currency in a way that doesnt make you feel like you have to grind forever, as well you being able work on that pass that you bought...on your own time without a time limit...that right there is fucking huge to me, and I can't name any game other than avengers that avoided trapping players with FOMO logic...I think GaaS on HD2 shouldn't be compared to the rest of the industry...it should be copied.

Einhander197213d ago

Cacabunga

Helldivers 2...

Redemption-64

In Europe it's a 60 40 split favoring PC.
In the US its a 60 40 split favoring PS5.

So PlayStation owners supported the game just fine, it's not getting carried by PC or anything like that.

FinalFantasyFanatic13d ago

@just_looken,
I'm perfectly fine with the way Nintendo entered the mobile market, I never touched their mobile games, meanwhile, the console/handheld stayed the way it is. As for being a bean counter, he's probably going to reel in these massive budgets that Sony's studios have had lately, I haven't played Spiderman 2, but I cannot see how they almost tripled the budget for that game.

@Redemption-64,
That's an exception to the rule, I'm expecting a lot of these GAAS games from Sony to fail, to be fair, they only need a few to succeed, but I would have preferred that they put more of their resources into other types of games.

+ Show (3) more repliesLast reply 13d ago
DivineHand12513d ago

True their monetization is driving players away and at the same time, their decision to chop out content and convoluted systems is keeping new players away from the game.

Joe91313d ago

I don't think that will happen based on how things worked out at Naughty Dog now that we know what we do, seems they had the option to fully commit to live service games or stay making single player experences so they gave up on their live service game. We are not sure how things came about with Bend making a live service game but I hope that was not a forced situation. Sony doesnt seem like they are forcing studios to switch up but we will see, Sony's bread and butter is single player games it is how they dominated the console market.

Obscure_Observer13d ago

Yeah, I though Sony learned something from all their failures in the LS segment under Bungie´s disastrous leadership and supervision which led to games been cancelled, studios closed and all the people laid off.

Looks like Bungie still plays a major role in Sony´s LS initiative and Sony is not backtracking on their GaaS plans.

S2Killinit13d ago (Edited 13d ago )

Are we forgetting that Destiny is also a highly successful franchise? I feel like that definitely deserves mention here.

Besides, there is no reason why a person cant learn from past experiences.

Joe91313d ago

I agree, people act as if Destiny flopped when it came out lol it took 9 to 10 years for the numbers to fall yet people are still playing it add the success of Helldivers 2 no wonder Sony is going forward down this path.

S2Killinit13d ago

Personally, I see no problem with Sony also having service games as long as they make good ones, and more importantly they deliver the AAA story driven games that they are known for. So yeah, I agree 100% with you.

+ Show (2) more repliesLast reply 13d ago
Christopher13d ago

I mean, this person made some pretty bad decisions at Bungie. I hope they've learned from them because I definitely don't see those type of ideas as good for PlaySation in general.

CrimsonWing6913d ago (Edited 13d ago )

Honestly, what’s to learn from? How to make people happily continuously dump money into a single game over its life-time? Buy season passes continuously for several years with a smile on our faces?

GaaS is a design decision that is everything wrong with this industry. The fact that Helldivers 2 did so well and people defend the monetization because it was $40 and is a fun game, scares the sh*t out of me to see that the door is open and all shift will probably be to replicate that in future games. We already know the ROI for traditional game dev cost isn’t doing it for them.

I thought with Jimbo leaving we’d see a change for the better… I’m not so sure now.

S2Killinit13d ago

Service games are being offered by everyone. Sony cannot afford to only create single player AAA games. No one can. They already said they will be doing both.

Abnor_Mal13d ago (Edited 13d ago )

Ps5 gamers in 2023 seemed to play more live service types of games, so regardless to how people feel about them, numbers don’t lie and Sony is going where the money is. I mean look at the excitement around Helldivers2, people are showing that they want live service games.

Christopher13d ago

They play long-time existing live service games like CoD, Fortnite, Apex Legends, Destiny 2, and the like. Mass majority of new live service games are considered failures and aren't moving gamers away from older games.

just_looken13d ago

Yep the huge issue with live service is they need paid players along with a reason to play them.

You forgot mobile market that also taps into that player base as well as the eve online style games there is only a certain amount of krakens/whales blind supporters compared to the amount of live service games we have its not sustainable math wise.

700 restaurants making food for every seat for 1000-3000 eaters just does not work out

Einhander197213d ago (Edited 13d ago )

Christopher

I am not a big live service fan and literally own zero of the games you listed, but that is not true, unless you call games that aren't the top games to be failures.

There are tons of live service games that are profitable.

Games don't have to be the biggest game ever they just need to make more than they cost.

I challenge you to show professionally prepared data that shows that more live service games fail than make enough to keep going.

Because all the data that I have seen shows that live service is less of a gamble than making a big AAA budget game which needs to survive off retail sales.

FinalFantasyFanatic13d ago

I sometimes wonder if we're at saturation point, where it's hard for a new game to join those ranks unless it's particularly exceptional, people only have so much time and money to devote to these types of games.

romulus2313d ago

Correction, they have no issue playing good live service games

shinoff218313d ago

Lol it's not even a quarter of the ps5s sold. Helldivers may have been a hit but let's not say most are enjoying it because truth is most(the real most ) don't care about it.

S2Killinit13d ago (Edited 13d ago )

I play what is fun. If a live service game is good I’ll play it as long as its not a money scheme which Helldivers is not.

And Im a single player gamer.

mastershredder13d ago

How do you kill a franchise that already been killed?
Destiny’s grind, cash-in-on-playbass-cha-Ching, and pop-culture-insertion mainstream-me-too bs totally killed any rep Bungie had. Sony/Bungie, if you are doing this to ward-off players, it’s already working.

crazyCoconuts13d ago

Headline truncated:
"... off a cliff"

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80°

Sony May Soon Let You Decide How Much NPCs Talk In Games

Sony has patented to add multiple dialogue modes to let players switch between how many conversations with NPCs they want in the game.

blackblades19d ago

Sony is like the only ones outta the 3 that has atuff like like this pop up changing thing in ways.

just_looken19d ago

Sony in the past has always been first at bat with new ideas/tech but in the end never fully use it or just toss it away.

blackblades19d ago

I think they did use some but yeah most usually never happened but at least they thought about it. Sony seeks things like this and other, Nintendo seek different ways of playing going by there different controler designs and console designs.

just_looken19d ago (Edited 19d ago )

some of the other stuff sony want's/owns never used
https://gamerant.com/sony-p...
https://gamerant.com/sony-p...
https://www.eurogamer.net/s...
https://metro.co.uk/2023/03...
https://decrypt.co/114754/s...

monitor/adjust game difficultly as you play
https://www.techradar.com/g...

Sony nfts
https://www.theblock.co/pos...

Pay ai to play the game for you
https://thebusinessofesport...

Oh all the above last 12 months

I just imagine a evil scientist with test subjects when it comes down to sony recent patent reports.

Kaii19d ago

Will we get dialogue options that won't spoil puzzles in a matter of seconds? :p

280°

Judge rules in PlayStation's favour in $500m patent infringement lawsuit

Genuine Enabling Technology was seeking damages, claiming the tech allowing PlayStation consoles and controllers to communicate infringes its rights.

Read Full Story >>
gamesindustry.biz
S2Killinit21d ago

Big victory for Sony. And a long time coming.

DarXyde21d ago (Edited 21d ago )

Crazy to think the savings from this lawsuit allows them to develop one AAA game.

Make it Bloodborne 2, please and thank you.

21d ago
Profchaos21d ago

Sounds like patent trolling they tried the same thing against Nintendo with the same pattern.

Motion and control input traversing over higher and lower frequencies seperate from each other allowing the controller to do both

Pyrofire9521d ago

Patents suck. Most of them are complete garbage.

Knightofelemia21d ago

So to recoup the money Genuine is going to take on Nintendo or Microsoft next. I hate patent lawyers they are some of the worst bottom feeders out there.

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