Dave Mirra sues Acclaim... for no reason.

[JDuncan]

Source: Gamespot
According to a report on Newsday.com, BMX star Dave Mirra has filed a lawsuit against Acclaim that reportedly accuses the publisher of breach of contract, unfair competition, injury to reputation, false advertising, and invasion of privacy. Mirra initially agreed to appear in an adult-humored BMX game, but he retracted his support when he found out that the game's concept had been changed from what was initially decided upon. Though he was officially disassociated from the product before it was released, Mirra is still seeking $21 million in damages. Acclaim told Newsday.com that it will fight the lawsuit.

[Nin-Nin69]

So is this because he's still upset eventhough his name was taken out of BMX XXX or because he needs $$ for a new bike?

[Cyber E.]

Oh god, this is just sad. Really Sad, pathetic at most. "invasion of privacy"? What is this guy trying to do?

-aJb

[NachoHat]

I heard something about them putting his names in one of the ads, despite the point that he had nothing to do with the game.

Either way, it doesn't matter to me. Anything bad that happens to one of the worst game companies ever is ok with me...

[SlyBoy]

I think Acclaim told him he wouldn't be in the game. So basically, he's suing for no reason. Besides, we all know that BMX XXX was a bad game because it focused more on the inappropriate stuff than gameplay.

[Floydian Slip]

acclaim makes maybe half a good game every year, and about 300 really bad ones. they should sell the turok franchise to someone good and go out of business.

[Beat]

:confused:

How is this defemation? He wasn't associated with the final product.

[czyznyck99]

As long as there was a written and signed commitment from Acclaim and Mirra that he was not going to be in the game, then there is no case. The problem arises because Dave Mirra has been in an Acclaim game before (Dave Mirra Freestlye BMX), and may still be under contract. That would mean he has every reason to sue for breach of contract. The others are ridiculous. The injury to his reputation has been caused mainly by himself. He pulled out of the game, so it was Mirra's decision to have the game be competitive rather than promotional. This is ego.

Later.

[Killtacular]

I believe Mirra is upset because the game he had SIGNED ON to do, was NOT this "XXX" affair, but just another new skateboarding game that Acclaim was hoping to target older gamers.

When Dave found out the game had become "Dave Mirra's BMX XXX", he was outraged and had his name taken off, but the damage was already done. Dave Mirra's name had been attached to the BMX XXX game for many months, and let's face it. Is anyone able to think about BMX XXX for a second and not remember Dave Mirra's name?

Of COURSE it's damaging to his reputation. Because an XXX game was not what he wanted his name tagged to, and yet Acclaim had done so anyway.

I don't think it's really the time for him to sue.. if he had done it months ago, it would have made more sense. But perhaps he's getting insulted and pushed around a lot for having once been on the XXX project.

[Sandro]

I can sort of see where he's going with this but like Matt Wilson said, if this happened a few months ago it would've made more sense. Oh well.

[Zyzzybalubah]

What I thought I heard was that Dave Mirra was first going to be in BMX XXX, then I thought Acclaim decided to make two seperate games: BMX XXX and Dave Mirra 3. Who knows. There are only few games I like from them, so I don't care that much.

[Opaque]

oh jebus... this guys retarded... I hope the judge throws the case out... i mean his name wasn't on the final product... i repeat, his name was not on the final product"

[EinBebop]

When in doubt, go to the original article:


Professional bicycle racer Dave Mirra last week filed suit against Acclaim Entertainment Inc. charging the Glen Cove video-game publisher improperly used his name and image to promote a game with a racy title. The suit, filed in U.S. District Court in Central Islip, seeks at least $21 million in damages and injunctions to stop Acclaim from promoting and advertising Mirra's name and likeness with the controversial title, BMX XXX. Mirra and Acclaim had a promotional deal dating to 2001.

The suit alleges breach of contract, unfair competition, injury to reputation, false advertising and invasion of privacy. It is the latest blow to both Acclaim and BMX XXX, which several large retailers declined to stock during the holiday season because of nudity and other adult content. Acclaim edited out some of that material before BMX XXX hit the market, and the game failed to sell as well as expected.

Acclaim last month laid off staff at its Glen Cove headquarters, reporting lower revenue and mounting losses. It announced a plan to further cut staff, drop losing titles and reduce expenses.

Acclaim has shipped more than 3 million titles under the Dave Mirra brand since 2001. The latest, Dave Mirra Freestyle BMX 3, shipped in November. The company has not announced future titles, and spokesman Alan Lewis wouldn't say if more are forthcoming. Lewis called the suit "baseless," and said Acclaim "will defend ourselves vigorously against it."

The relationship between the two parties began to show signs of strain last May. After agreeing to allow his name to be used on the BMX XXX game, believing it would feature humorous adult content like the movie 'Airplane,' Mirra later learned "Acclaim changed the concept of the game to become more sexually explicit and pornographic," court papers say.

In May, Mirra "expressed grave concern over his association with a now pornographic XXX Game, since it would have a negative impact on his name," and the parties agreed to "disassociate" Mirra, according to the suit.

Since the release last year, Acclaim and its business partners have used Mirra's name in BMX XXX print ads and promotions, according to the suit, which says Mirra has made "numerous requests" to stop the practice.

Note that it specifically says "Since the release". So even though his name isn't on the game itself, apparently his name/likeness is still being used to market the game in some way. I'm really surprised at how skeptical everyone is being toward's Dave's motives. Is he some kind of jerk in real life or something?

[Mad Mary Kidd]

Originally posted by EinBebop
Note that it specifically says "Since the release". So even though his name isn't on the game itself, apparently his name/likeness is still being used to market the game in some way. I'm really surprised at how skeptical everyone is being toward's Dave's motives. Is he some kind of jerk in real life or something?

Maybe it's the numerous concussions he's received that are making everyone skeptical. I mean, doesn't the "XXX" in the name serve as a big red flag as far as content?

Matt Wilson said it best--he would have had a case before/immediately when the game came out, since no one knew how awful it was; he looks silly for trying to sue them for defamation of character after it's come out and after it's been thoroughly panned. And like he said, he's probably still getting hassled for having once been attached to it in some way, even if he had nothing to do with the final product (which gives it a "Mommy, they're picking on me" vibe, even if it is a legitimate complaint for someone in the public eye).

Of course, maybe Dave's just an ego case and assumes his name somehow equals all BMX-related activity. That's always a possibility (and he is pretty famous in the sport).