Call of Duty Publisher Activision Files Reply to Motion Pushing for
Dismissal of Case
LOS ANGELES--(BUSINESS WIRE)--
Activision Blizzard, Inc. (Nasdaq: ATVI), the creators of the popular Call
of Duty® franchise, today filed a response to Manuel Noriega's
opposition in the frivolous lawsuit brought by the former dictator and
convicted murderer. Rudy Giuliani, former New York City Mayor and named
partner of Bracewell & Giuliani LLP, will argue as co-counsel beside
Munger, Tolles & Olson LLP, at the October 16 hearing in Los Angeles
Superior Court in support of Activision Blizzard's motion. Activision
Blizzard is moving to strike Noriega's lawsuit on the grounds that the
minor inclusion of a Noriega character in Call of Duty®: Black Ops
II is protected free speech.
"Manuel Noriega had no more than an inconsequential appearance in Call
of Duty and isn't entitled to anything for his role as a brutal
dictator," said Rudy Giuliani. "If successful, this case would
obliterate the entire genre of historical fiction. I couldn't be more
excited at the prospect of being back in court to defend the makers of Call
of Duty against this convicted murderer who wants to make a mockery
of the U.S. legal system and attack our right to free speech."
The stories in the Call of Duty franchise, like many movies and
television shows, are ripped from the headlines of history. From the
Cold War to World War II and the advanced soldiers featured in the
upcoming Call of Duty®: Advanced Warfare, the game is
fictional, but is grounded in historical events. Call of Duty
regularly features characters that are ruthless dictators and iconic
villains, such as Fidel Castro and Manuel Noriega, as well as vaunted
heroes such as President John F. Kennedy.
The motion to strike was filed in Los Angeles Superior Court on
September 22. The legal action seeks to dismiss Manuel Noriega's
complaint at the outset under California's anti-SLAPP statute, a state
provision enacted to protect freedom of speech against spurious
lawsuits. Lawyers for Manuel Noriega filed a response to the anti-SLAPP
motion on October 2, and Activision filed its reply to that response
today. The Superior Court will consider the matter at a hearing on
October 16. Relevant legal documents can be found HERE.
If successful, Noriega's efforts would give numerous historical and
political figures - and their heirs - a veto right over their
appearances in works of art, having a chilling effect on everything from
movies such as Forrest Gump and Zero Dark Thirty, to TV shows such as
Saturday Night Live and Boardwalk Empire, to beloved books such as The
Paris Wife, just to name a few.
A taped video of co-counsel Rudy Giuliani discussing the key themes of
the case is available HERE.
"This case is an impermissible, unwarranted, and unconstitutional attack
on art. Video games enjoy the same liberties as documentaries,
biographies, and biopics. The full canon of entertainment is filled with
fictionalized accounts of individuals and events and video games
continue that long tradition," added Richard Taylor of the Entertainment
Software Association.
About Activision Publishing, Inc.
Headquartered in Santa Monica, California, Activision Publishing, Inc.
is a leading worldwide developer, publisher and distributor of
interactive entertainment and leisure products.
Activision maintains operations in the U.S., Canada, Brazil, Mexico, the
United Kingdom, France, Germany, Ireland, Italy, Sweden, Spain, Denmark,
the Netherlands, Australia, Singapore, mainland China, Hong Kong and the
region of Taiwan. More information about Activision and its products can
be found on the company's website, www.activision.com.
Cautionary Note Regarding Forward-looking Statements: Information in
this press release that involves Activision Publishing's expectations,
plans, intentions or strategies regarding the future, including
statements about the potential impact of the Noriega lawsuit, are
forward-looking statements that are not facts and involve a number of
risks and uncertainties. Factors that could cause Activision
Publishing's actual future results to differ materially from those
expressed in the forward-looking statements set forth in this release
include unanticipated product delays and other factors identified in the
risk factors sections of Activision Blizzard's most recent annual report
on Form 10-K and any subsequent quarterly reports on Form 10-Q. The
forward-looking statements in this release are based upon information
available to Activision Publishing and Activision Blizzard as of the
date of this release, and neither Activision Publishing nor Activision
Blizzard assumes any obligation to update any such forward-looking
statements. Forward-looking statements believed to be true when made may
ultimately prove to be incorrect. These statements are not guarantees of
the future performance of Activision Publishing or Activision
Blizzard and are subject to risks, uncertainties and other factors, some
of which are beyond its control and may cause actual results to differ
materially from current expectations.
ACTIVISION, CALL OF DUTY, CALL OF DUTY BLACK OPS II and CALL OF DUTY
ADVANCED WARFARE are trademarks of Activision Publishing, Inc.
Activision Blizzard
Mary Osako, 424-322-5166
or
Rubenstein
Communications
Farrell Sklerov, 212-843-8289
Source: Activision Blizzard, Inc.
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