Bethesda’s Parent Company Faces Lawsuit over Fallout 4 Advert

Bethesda’s Parent Company Faces Lawsuit over Fallout 4 Advert

Bethesda’s parent company ZeniMax is being sued. Musician Dion DiMucci isn’t happy about how his 1961 song “The Wanderer” was used in Fallout 4’s promotional material.

In a report from The Wrap (via Eurogamer), Dion found the ads “objectionable because they featured repeated homicides in a dark, dystopian landscape, where violence is glorified as sport.”

“The killings and physical violence were not to protect innocent life, but instead were repugnant and morally indefensible images designed to appeal to young consumers,” the lawsuit continued.

The advert can be seen below:

Dion didn’t directly make the agreement to license the song with ZeniMax – that was handled by record label UMG Recordings. But he could bargain for a better rate if he wasn’t satisfied with how his song was being used.

According to the lawsuit, Dion claims that ZeniMax never reached out to him, and he didn’t know his song was going to be used until after the ads ran.

Had they contacted him, he would have persuaded ZeniMax “to change the scripts so that, for instance, they instead told the story of a post-apocalyptic struggle for survival without craven violence.” Either that, or he would have renegotiated a higher licensing fee to “safeguard himself against the potential loss of goodwill from being associated with [those] immoral images.”

Dion is seeking over $1M USD in general damages. ZeniMax have yet to comment.



 

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Comments Comments (8)

 
Posted by Ryzlin
On Friday 7 Jul 2017 2:08 PM
4
Huh. I mean, its been a year and a half since the game came out, so about two years at least since the ads came out. Has this been happening slowly for two years or just now?

The ad also states 'pegi 18' and that sing is used in game but he doesn't mind that?
 
 
 
Posted by guido
On Friday 7 Jul 2017 4:57 PM
5
Wow, there's so little violence in that ad? I hope he never sees the game, his brain will splode!! I mean he shoots a rad roach, just the one and then vaguely annoys a super mutant?! Am I even watching the right trailer???

In related news, why don't we have a live action Fallout movie already???
 
 
 
Posted by SkylineObsession
On Friday 7 Jul 2017 5:01 PM
1
“where violence is glorified as sport.”
- Sport? Really? I mean, really really? Do you even know anything about the game mr song singer? There is nothing 'sporty' about Fallout. And as far as the glorification goes - it's simply a matter of kill, or be killed. Or hide in a really good spot - but that wouldn't make a good ad for this type of game.

“The killings and physical violence were not to protect innocent life, but instead were repugnant and morally indefensible images designed to appeal to young consumers,”
- Young? You have a strange understanding of gamers Dion. Don't know how old he is, but i'm sure even people his age would like a game like this. I think it would actually be quite difficult to nail down a specific age group that likes/plays Fallout.

Find lawsuits like this funny, when the lawyers etc people use (or the people themselves) clearly don't know much about the game (or whatever) that they've taken offence etc to.

Funnier still is when it takes them months, or even years to take out a lawsuit. Like Lohan vs. GTA...
 
 
 
Posted by AdamC
On Saturday 8 Jul 2017 12:45 PM
1
Isn't his issue with his record label then? The ones who gave Bethesda permission to use it?
 
 
 
Posted by Inferis
On Saturday 8 Jul 2017 12:58 PM
-
7 July 2017, 04:57 PM Reply to guido
Wow, there's so little violence in that ad? I hope he never sees the game, his brain will splode!! I mean he shoots a rad roach, just the one and then vaguely annoys a super mutant?! Am I even watching the right trailer???

In related news, why don't we have a live action Fallout movie already???
Nuka break!
 
 
 
Posted by RKO_NZ
On Sunday 9 Jul 2017 6:57 AM
-
Looks like another person struggling to find the milk of human kindness, I watched the trailer again after reading that quote of killing for sport, and all the survivor does in the video is shoot a Radroach, and fight with some super mutants, wasn't that bad compared to other games, unless we rework that trailer, have the survivor use VATS to blow off the super mutants head and have pieces of flesh flying everywhere.
 
 
 
Posted by scotteffone
On Monday 10 Jul 2017 5:51 PM
-
It's great he got on to it quickly and hasn't given the game free publicity after more than a year on sale.
 
 
 
Posted by arkwright
On Saturday 15 Jul 2017 11:21 AM
-
Don't forget that Dion is about to turn 78 any day now so he can probably be forgiven for being slightly out of touch with what passes for objectionable violence and such in modern video games. Maybe he's just strapped for cash at the mo.