View Full Version : Sony May Sue Over Brit Ads
Virtuoso
03-10-2009, 03:16 PM
For those of you doubting Sony's would respond to the "Early Death" campaign in the UK, think again (http://www.1up.com/do/newsStory?cId=3173181).
A lot of gamers are riled over the British Department of Health's questionable "Risk an Early Death" advertisement, which shows a young child holding a gaming controller, with the slogan "Risk an an early death, just do nothing" appearing near him. This advertisement has Sony angered as well, but they have extra reason to be: The controller the child is holding has a striking resemblance to their Dual Shock pads, and they were never consulted about the use of the controller in the ad.
According to MCV, Sony Computer Entertainment Europe is now considering suing The Gate, which is the agency that created the advertisement (which is part of the British Government's larger "Change4Life" campaign to promote more active lifestyles). According to a "source close to Sony," The Gate "had not contacted the platform holder to ask about using a controller that bears a close likeness to PlayStation's pad." As such, SCEE is now looking into the possibility of taking legal action -- presumably either to block the ad altogether, or at least have the controller changed.
I hope they do, as the ads are both absurd and damaging to the Sony name brand.
Johan
03-10-2009, 03:26 PM
"We don't like your ad, and...that looks like it could be our controller, though we can't say for sure! We'll sue!"
:rolleyes:
What a waste of time. Their money would be better spent advertising how games can be a positive. I guess that's harder to do, so let's just sue.
Virtuoso
03-10-2009, 03:31 PM
http://media.1up.com/media?id=3689835&type=lg
This looks exactly like a Sony controller to me.
It even has the elongated shoulder button unique to the PS3 controller, and the design is patented.
Ulysses
03-10-2009, 03:36 PM
I wonder at how many non-gaming people would be able to spot that and associate it with Sony. So much ado about thing with this ad, heh.
UttiniDaKilrJawa
03-10-2009, 03:44 PM
Controller looks like a generic controller to me. Without actual Sony branding might be kinda tough for them to do anything about it. Besides the ad is doing what its supposed to be doing. Making people think and creating a dialogue about how people spend the majority of their time. I sell games, play games, and love games in general but I do believe there is a need to just unplug now and then. Many kids growing up may not be getting this message from their parents. While being way overblown it definitely will make them think about how they spend their time and if its the best for them.
Virtuoso
03-10-2009, 03:45 PM
Controller looks like a generic controller to me. Without actual Sony branding might be kinda tough for them to do anything about it. Besides the ad is doing what its supposed to be doing. Making people think and creating a dialogue about how people spend the majority of their time. I sell games, play games, and love games in general but I do believe there is a need to just unplug now and then. Many kids growing up may not be getting this message from their parents. While being way overblown it definitely will make them think about how they spend their time and if its the best for them.
As far as I am aware, the libel laws in the UK are absurdly restrictive. I am predicting a Sony win.
Suicidal ShiZuru
03-10-2009, 03:46 PM
Associating someone elses product with DEATH is all good? Should Sony pay them for the publicity? Hell no, being sued should be expected with something as stupid as that ad.
"We don't like your ad, and...that looks like it could be our controller, though we can't say for sure! We'll sue!"
:rolleyes:
:rolleyes::rolleyes::rolleyes::rolleyes::rolleyes:
As far as I am aware, the libel laws in the UK are absurdly restrictive. I am predicting a Sony win.
Truth is an absolute defense in any libel case.
There is nothing patently untrue about anything in the ad. The message is correct, and if you play videogames to excess without living an active life, you are indeed risking an early death.
I don't see the fuss about these ads. They aren't saying videogames will kill you, and they aren't even saying videogames are bad. It's a campaign against a sedentary lifestyle, and Wii waggle or not, videogames are a sedentary activity. Would Sony sue if the ad showed people watching a Sony-brand TV instead?
Virtuoso
03-10-2009, 04:02 PM
Truth is an absolute defense in any libel case.
There is nothing patently untrue about anything in the ad. The message is correct, and if you play videogames to excess without living an active life, you are indeed risking an early death.
I don't see the fuss about these ads. They aren't saying videogames will kill you, and they aren't even saying videogames are bad. It's a campaign against a sedentary lifestyle, and Wii waggle or not, videogames are a sedentary activity. Would Sony sue if the ad showed people watching a Sony-brand TV instead?
I guessing they probably would. Yes, sedentary activity is bad, and yes, gaming is a sedentary activity. The ad, however, does not explain that it is excessive sedentary activity and instead makes it seem as though any gaming results in an early death. No explanation or anything is given, and this may hurt the case of the ad campaign.
The ad seems to pronounce "gaming will kill you", and that just isn't true.
I guessing they probably would. Yes, sedentary activity is bad, and yes, gaming is a sedentary activity. The ad, however, does not explain that it is excessive sedentary activity and instead makes it seem as though any gaming results in an early death. No explanation or anything is given, and this may hurt the case of the ad campaign.
The first line of the ad is saying that excessive sedentary activity will kill you. 'Do nothing' is a pretty clear way of saying 'take part in no activity'. That that activity would be physical exercise is easy to infer.
Perhaps the manufacturer of the couch should sue?
Whimbrel
03-10-2009, 04:13 PM
I think the ad is perfectly fine as is. Jesus fucking christ. The ad is dramatic, but the point is perfectly clear. It has nothing to do with Sony any more than any other game or sedentary activity. It just advocates getting exercise for health reasons. Gamers and Sony need to just calm way the heck down about stuff like this. By fighting and suing a public health campaign how does that make Sony look? If Anything they should design the new PS3 fit where you ride your bike all over the place trying to find a good reason to buy a PS3 or something. The ad only pronounces "gaming will kill you" if you are so incredibly stupid as to be unfit for games in the first place. Everybody knows this is just about goosing people's asses off the couch and in to the smog filled streets.
violentp
03-10-2009, 04:14 PM
It should have nothing to do with the controller. Every one of us should be ready to scream bullshit at this garbage.
Sensei-X
03-10-2009, 04:29 PM
Funny thing is that after showing that ad to several people none of them associated it with videogames being assocaited with real death, pretty much all of them thought it was either a lame ad campaign for a game, and one thought it was for some sort of game cheat/walkthrough site. >_<
kefka95
03-10-2009, 04:29 PM
Sony is making much ado over nothing here.
"Oh look, a Playstation 3! I think I will purchase this for my children. But wait! What is this ad? <gasp> That child appears to be holding a Sony Playstation Brand videogame controller! It says that doing nothing will lead to an early death! Therefore, Playstation = death! My purchasing habits have now changed; I think I will buy an Xbox 360 videogame system from their competitor Microsoft instead!"
Somehow I just don't see it.
Johan
03-10-2009, 04:35 PM
You know what's bullshit? People sitting on their asses as kids playing video games, or doing anything else sedentary other than reading. Kids should be up and about, not weighing 200 pounds at the age of twelve. Childhood obesity is a raging epidemic in the Western world, and the reason isn't soley video games, of course, but they DO NOT HELP.
My kids hardly ever play video games, and I'm damn happy about it. They read, or go swimming, or ride a bike, or play with the neighbors, or compete in sports.
Get off the damn couch, exercise your brain with some LITERATURE, and save gaming for a hobby. When you're an established adult, feel free to sit on your ass all day and grow to 400 pounds. :D
:rolleyes::rolleyes::rolleyes::rolleyes::rolleyes:
No finger paints around to spare, eh? :D
violentp
03-10-2009, 04:38 PM
Sony is making much ado over nothing here.
"Oh look, a Playstation 3! I think I will purchase this for my children. But wait! What is this ad? <gasp> That child appears to be holding a Sony Playstation Brand videogame controller! It says that doing nothing will lead to an early death! Therefore, Playstation = death! My purchasing habits have now changed; I think I will buy an Xbox 360 videogame system from their competitor Microsoft instead!"
Somehow I just don't see it.
I think you're looking at it wrong. If some group decided that videogames were causing early deaths, a controller would have to be chosen. That's a given. What is inevitably chosen is not the problem here, it's gaming. I know some smart motherfuckers who game and you know what? Smart people don't spend days in front of a TV, they are smarter than that. This kind of thing is pure and utter bullshit and it should not represent us in the least. In fact, we should be insulted.
Johan
03-10-2009, 04:46 PM
I know some smart motherfuckers who game and you know what? Smart people don't spend days in front of a TV, they are smarter than that.
You don't get smart as an adult by gaming as a kid. You get smart by studying and working hard. You stay healthy by exercising and eating right. None of that involves games.
Also, if you don't think kids play games for hours and hours on end, you don't know many kids. Fundamentally, like most entertainment, it's a waste of time. That's perfectly fine for adults, but for kids, it's not really acceptable to waste huge blocks of time that could be spent reading, or exercising, or any of a myriad of other more valuable pursuits for kids.
My kids will grow up with an appreciation of art, literature, the outdoors, other people, sports, faith, the stars, the ocean, science, history, and on and on. Games are entertainment, and the younger one is, the less they are of any good.
violentp
03-10-2009, 05:09 PM
You don't get smart as an adult by gaming as a kid. You get smart by studying and working hard. You stay healthy by exercising and eating right. None of that involves games.
Also, if you don't think kids play games for hours and hours on end, you don't know many kids. Fundamentally, like most entertainment, it's a waste of time. That's perfectly fine for adults, but for kids, it's not really acceptable to waste huge blocks of time that could be spent reading, or exercising, or any of a myriad of other more valuable pursuits for kids.
My kids will grow up with an appreciation of art, literature, the outdoors, other people, sports, faith, the stars, the ocean, science, history, and on and on. Games are entertainment, and the younger one is, the less they are of any good.
It all boils down to control. As a child, gaming is not going to kill you sooner. It's sitting in front of a TV for hours and become a pudgy pile of goo. A story like this uses gaming as the catalyst when it is in fact one of lethargy. Kids need to go outside and they need to see the world that exists around them. It doesn't matter if it's games or a Spongebob marathon, it's the methods of raising children that causes potential early deaths or health issue. I look around these days and I see some fat fucking kids. I don't blame gaming for that. It always comes down to parenting. A lost art.
laggerific
03-10-2009, 05:57 PM
It's funny that Sony should get involved with this issue...I mean, I die a little inside every time Sony opens its mouth.
It always comes down to parenting. A lost art.
If only someone were to get involved, say spread a message to parents to get their kids more active. Maybe an advertising campaign would help...
Johan
03-10-2009, 07:10 PM
I don't blame gaming for that. It always comes down to parenting. A lost art.
Truth.
If only someone were to get involved, say spread a message to parents to get their kids more active. Maybe an advertising campaign would help...
I did indeed lol. :)
ShooterMcgavin
03-10-2009, 09:18 PM
What other console controller would that be? It is clearly a Playstation controller. If he were holding a Wiimote with Nunchuck, would the reaction be the same? What about a 360 controller? The fact is, he's holding a Playstation controller. Whether or not the message is valid, the ad is associating Sony with death. What a dumb ad campaign all-in-all.
oldjadedgamer
03-10-2009, 10:08 PM
They suing these people too?
http://cache.gawker.com/assets/images/kotaku/2009/02/patten_uk.jpg
Jotoco
03-10-2009, 10:37 PM
They suing these people too?
http://cache.gawker.com/assets/images/kotaku/2009/02/patten_uk.jpg
Here they are associating SONY with LIFE!
prematurely conceived or not
DeuceMojo
03-11-2009, 10:03 AM
Sony will lose. Not even magic underwear will save them.
DeuceMojo has spoken.
DeuceMojo
03-11-2009, 10:09 AM
Controller looks like a generic controller to me. Without actual Sony branding might be kinda tough for them to do anything about it.Done. This guy nailed it. Not like a black video game controller is like iconic and makes people think of Sony. Ask 100 people on the street in London what that thing is in the kid's hands and 50 of them are bound to say something like "it's a video game controller."
Case closed, Sony loses and is stripped of its magic underwear privileges.
TeeCakes
03-11-2009, 10:16 AM
Done. This guy nailed it. Not like a black video game controller is like iconic and makes people think of Sony. Ask 100 people on the street in London what that thing is in the kid's hands and 50 of them are bound to say something like "it's a video game controller."
Case closed, Sony loses and is stripped of its magic underwear privileges.
You're so wrong it's funny! It's obviously not a Wii controller, or an Xbox controller. Sony's the only company to even come out with 1st-party black controllers in this shape-- EVER.
It clearly begs the question of why the didn't use the most "popular" console's controller in the ad to begin with? Wouldn't it be easier to make their point about videogame addiction by exploiting this current Wii-craze hitting the entire world today?
No, they made a blatant choice in using a Sony controller. If I were a judge, I'd have no choice but to see this as a deliberate act of libel.
Ulysses
03-11-2009, 10:36 AM
I don't think Playstation controller design has hit the level of the Nike-swoosh or Coke bottle shape in terms of recognition. Anyway, I'm not even sure this is libel anyway, as the ads aren't stating Sony games will kill you. They'd probably lose their argument trying to prove otherwise, I'd think (and hope too).
MightyDog
03-11-2009, 11:18 AM
Brit...present
DeuceMojo
03-11-2009, 12:22 PM
I don't think Playstation controller design has hit the level of the Nike-swoosh or Coke bottle shape in terms of recognition.You nailed it. Recognition is not the issue here, it's branding. The Nike swoosh and the Coke bottle shape are part of their respective brands -- the Playstation controller is not.
Nor could the controller pictured undisputedly be found to be a Sony controller -- it likely isn't. Have you looked at the actual ad?
Early Death Ad (http://www.4yourkids.org.uk/)
I am so right it's hilarious. It's not branded. It's not very visible. They probably bought a MadCatz knockoff for the video shoot.
Have you considered that, aside from Sony, both Microsoft consoles have a black controller -- I have five Xbox and Xbox 360 black controllers. Not to mention the varied 3rd-party controllers for PC and all other systems. Matter-of-fact, that looks like a black wireless Dreamcast controller I used to have. Who can definitively prove me wrong?
Consider the burden of proof for libel. You'd need a lot more than a freaking 'likeness' to prove this.
DeuceMojo
03-11-2009, 12:25 PM
Oh, and good luck proving that the ad directly affected your business negatively.
Last I checked: Oprah: 1, American Cattle Ranchers Lobby: 0
TeeCakes
03-11-2009, 12:32 PM
I don't think Playstation controller design has hit the level of the Nike-swoosh or Coke bottle shape in terms of recognition. Anyway, I'm not even sure this is libel anyway, as the ads aren't stating Sony games will kill you. They'd probably lose their argument trying to prove otherwise, I'd think (and hope too).
Granted. The Sony defense team (not to be confused with the SDF!) wouldn't go that route for proving libel. They would point out that of all the possible controllers they could've fabricated, the one they displayed in that ad is clearly meant to evoke a Sony controller, the use of which is being directly linked to a suicidal act. Libel, and definitely actionable.
I'd think their legal department would probably go for getting the ads pulled/altered before taking the "Truth" wannabes to court, though.
TeeCakes
03-11-2009, 12:34 PM
Oh, and good luck proving that the ad directly affected your business negatively.
Last I checked: Oprah: 1, American Cattle Ranchers Lobby: 0
Actually, all Sony would need for this is an anonymous letter written by a "parent" (read: a secretary at Sony taking notes) stating that the ad implored them to never buy another Sony product, and to prevent anyone they meet to do the same in order to "Save the children".
Libel.
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