Activision's legal docs filed in this matter: https://community.activision.com/community/press/documents
LOS ANGELES--(BUSINESS WIRE)-- Activision Blizzard, Inc. (Nasdaq: ATVI), the creators of the popular Call of Duty franchise, today will file a motion to dismiss the frivolous lawsuit by former dictator and convicted murderer Manuel Noriega. Former New York City Mayor and U.S. Attorney Rudy Giuliani who is now a named partner of Bracewell & Giuliani LLP, will serve as co-counsel and defend the company on the grounds that Noriega's depiction in Call of Duty is a protected right to free speech.
"What's astonishing is that Manuel Noriega, a notorious dictator who is in prison for the heinous crimes he committed, is upset about being portrayed as a criminal and enemy of the state in the game Call of Duty. Quite simply, it's absurd," said Rudy Giuliani. "I'm not interested in giving handouts to a convicted murderer and drug smuggler like Manuel Noriega who is demanding money from Activision and its popular Call of Duty franchise for simply exercising its right to free speech. Noriega's attack on the rights of Call of Duty comes as no surprise considering he's a lawless tyrant who trampled over the rights of his own people."
The stories in the Call of Duty franchise, like many movies and television shows, are ripped from headlines. 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 reality. 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 dismiss will be filed this morning in the Superior Court of the State of California. Today's 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. 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 movies such as Forrest Gump and Zero Dark Thirty, TV shows such as Saturday Night Live and Boardwalk Empire, and beloved books such as Primary Colors and The Paris Wife, just to name a few.
Documents Filed (Filing dates listed in descending order)
08/25/2014 Stipulation (FOR EXTENSION OF TIME FOR DEFENDANTS ACTIVISION BLIZAARD, INC. AND TREYARCH CORPORATION TO RESPOND TO THE COMPLAINT OF PLAINTIFF MANUEL NORIEGA FILED BY: MARY A. TUCK)
Filed by Attorney for Deft/Respnt
08/25/2014 Order (REGARDING STIPULATION FOR EXTENSION OF TIME FOR DEFENDANTS ACTIVISION BLIZZARD, INC. AND TREYARCH CORPORAITON TO RESPOND TO THE COMPLAINT OF PLAINTIFF MANUEL NORIEGA)
Filed by Attorney for Deft/Respnt
07/31/2014 Notice-Case Management Conference
Filed by Attorney for Pltf/Petnr
07/31/2014 Proof-Service/Summons (SERV TREYARCH A CORP. )
Filed by Attorney for Pltf/Petnr
07/29/2014 Application-Pro Hac Vice
Filed by Attorney for Pltf/Petnr
07/29/2014 Proof of Service
Filed by Attorney for Pltf/Petnr
07/29/2014 Declaration (OF GRAHAM B. LIPPSMITH ISO )
Filed by Attorney for Pltf/Petnr
07/16/2014 Notice-Case Management Conference
Filed by Clerk
07/16/2014 OSC-Failure to File Proof of Serv
Filed by Clerk
07/15/2014 Complaint
