[update] Can I sue someone for using my full name in mobile game without consent?

Lhitmonchan on 15/02/2016 - 15:22
Last edited 16/02/2016 - 15:51

Hi,

Long time lurker first time poster.

A bit like this post: https://www.ozbargain.com.au/node/226627 but not really.

A "friend" of mine made an app which I know a lot of people i know have downloaded.

http://imgur.com/KUafjpw Hope that works, just made acct. (This pic is of someone else's name, not mine).

Basically the game creator has used a lot of real names of people he knows. I am his facebook friend but it's fair to say we don't really like each other. I have no idea why he would include my name except to ridicule and humiliate me. I prefer not to disclose my full name or the name of the game at this point in time. I haven't confronted him yet.

My scenario/question is: "(MY FIRST NAME) (MY SECOND NAME), a dishonest manager, has been caught illegally siphoning money from the company."
A) Terminate his employment quietly.
B) Report him to the police.
C) Ask for a share of the loot.

Without going into detail, there were some untrue things said about me a long time ago at a previous employer that were unfounded and went nowhere.

What are my options if any? Can i sue him for defamation of my name and character? This is different to the picture of house on packaging because this is actually my real name.

UPDATE

I took some of your good advice and asked him to take down my name. He replied saying, "it is just a fictional game and any resemblance, likeness or similarities to real life people is unintended and a coincidence."

I have not responded yet.

Financial

closed Comments

  • miarn on 15/02/2016 - 15:28
    +33

    If you have suffered some form of identifiable harm, see a lawyer.

    Otherwise, move on and stop asking randoms for legal advice.

  • Davros on 15/02/2016 - 15:29
    +38

    Hilarious

    • hitmonchan on 15/02/2016 - 15:31
      +3

      Why? He is deliberately perpetuating a false rumour.

      • Davros on 15/02/2016 - 15:37
        +20

        Only if you think you are an actual character in a fantasy game.
        If you truly think you are I suggest you seek professional help.

        • hitmonchan on 15/02/2016 - 15:47
          +1

          Tom cruise sued South Park for saying he is a fudge packer. Does he need professional help???

        • djones145 on 15/02/2016 - 15:53
          +58

          @hitmonchan:
          bad example! tom cruise does need professional help!
          scientology…. enough said

        • Davros on 15/02/2016 - 16:01
          +6

          @hitmonchan: and he was recognizable as Tom Cruise and lots of people know who Tom Cruise is.

          Who are you again?

        • hitmonchan on 15/02/2016 - 16:02
          -2

          @Davros:
          just cos less ppl know me I have less rights?

        • andy19363 on 15/02/2016 - 16:03

          @hitmonchan: He didn't sue…..

        • Davros on 15/02/2016 - 16:03
          +1

          @hitmonchan: or more wrongs

        • Davros on 15/02/2016 - 16:04

          @andy19363: So if a famous person with plenty of clout didnt sue what does that tell you?

        • ankor on 15/02/2016 - 19:48
          +4

          @Davros:

          Nothing because this is Australia, not America.

        • nobro25 on 16/02/2016 - 01:43

          @hitmonchan: Depends… The legal kind or the mental kind.

        • [Deactivated] on 16/02/2016 - 09:19
          +1

          @hitmonchan: seriously though. @andy19363 is right. Tom Cruise did not sue South Park. They strong armed the broadcaster into not showing it on repeat and hired private detectives to follow Trey & Matt around to dig up dirt on them. Because they're scumbags.

          In your analogy you're Scientology. You're looking to emulate the scumbags.

  • lml on 15/02/2016 - 15:30
    +2

    I would love to download this game.

    • RyanMK on 15/02/2016 - 16:25
      +1

      Here you go:
      Corporate Life

      • miarn on 15/02/2016 - 16:31
        +2

        Developer charges 2 bucks, must be loaded so definitely worth suing

        /sarcasm

        • esty on 16/02/2016 - 15:05

          2 bucks times 100 000 downloads…. $200 000

        • miarn on 16/02/2016 - 15:07
          +1

          @esty: play store says 100-500 installs, so $1000 minus Google's 30% cut minus development costs…

    • PVA on 15/02/2016 - 23:30

      How did you track that down.

      • andy19363 on 16/02/2016 - 07:20

        Great show…… Is a disclaimer at the end of one episode on the dvd

  • derek324 on 15/02/2016 - 15:38

    A name does not uniquely identify a person. As opposed to, say, a car registration plate, a human being "first name, second name" combination is almost never unique — it may even be very common.

    • PeterA07 on 16/02/2016 - 12:48
      +6

      There is no requirement in defamation law for a person to be identified "uniquely". By your logic, people with the surname "Smith" and a common first name could never succeed in a defamation action because they share their name with others.

      This, incidentally, demonstrates why the OP should go seek legal advice if they are really that concerned about harm to their reputation, instead of asking random people on OzBargain.

  • lupiter on 15/02/2016 - 15:41
    +5

    Think about it from this perspective: What do you want to happen?

    Do you want to become tabloid famous, poorer, and maybe bankrupt him? Sure, get a lawyer and sue him for defamation. Write a press release and try and get in the newspapers or on Today Tonight or whatever.

    Do you just want to stop the app? Just report it to Google/Apple/whoever quietly and ask them to take it down. Don't tell anyone you're doing it. Those people who already have it will still "get a laugh" but it won't be able to spread any further, and after a while it will become old news and people will move on. It sucks, but that's life.

    There's a fair chance that anything you do publicly will just make the situation worse. It's also unlikely there's much in the way of "loot" if he's just sold it to a few friends.

      • miarn on 15/02/2016 - 15:53

        You can try but I wouldn't hold your breath.

      • derek324 on 15/02/2016 - 15:54

        A name by itself DOES NOT uniquely identify you. Unless the game also gives other details (your home address, your partner name, etc).
        Try this example: there are 1,013 people named James Bond in USA.

        • Davros on 15/02/2016 - 16:02
          +11

          Damn them all, I am the REAL James Bond.

        • miarn on 15/02/2016 - 16:22
          +2

          OP, this is why you shouldn't take legal advice from people over the Internet. It is at best given without knowledge of the situation, and at worst plain wrong.

          There is no requirement in defamation law for the plaintiff to be "uniquely identified". Stop spouting this nonsense. The plaintiff only has to be identifiable by people acquainted with the plaintiff.

          The person doesn't have to be named, or can be given a false name. It doesn't matter.

        • vicosads on 15/02/2016 - 18:35

          what a great life they must have :(

      • mskeggs on 15/02/2016 - 15:54
        +13

        While I am somewhat sympathetic to the idea that people you know in common might play the app and recognise you, the idea that potential employers will see this and cause them to question your employability is beyond absurd.
        I think you had best take a deep breath and keep things in perspective.
        Maybe the easiest thing to do is politely ask your acquaintance to rename the character in the next update? Point him to the Keith Laird article above to show that it can cause a fuss you are sure everyone would like to avoid.
        You aren't Brendan Sullivan, by any chance ;-)
        http://www.dailymail.co.uk/femail/article-3361484/Clever-pra…

      • lupiter on 15/02/2016 - 16:00
        +4

        Yes, you can ask Google or Apple to take it down.

        Google: https://support.google.com/googleplay/answer/2853570?hl=en
        Apple: http://www.apple.com/legal/internet-services/itunes/appstore…

        Write a clear statement of how you are being (mis)represented in the app and ask them (politely) to remove it as offensive content. It may take a day or two to get a response.

        You're angry, and that's totally understandable, but if you "go public" (and suing in public court counts as public) then you'll probably make more people aware of the rumors. If you have an uncommon name and you're worried about the app turning up in search results for your name, getting it taken out of the app stores is probably the best result you can expect.

        • hitmonchan on 15/02/2016 - 16:01

          Thank you, I will write in.

        • derek324 on 15/02/2016 - 16:15
          -4

          Are you the only person with this name in Australia? Are there any unique, personal details in the game? If not - on what grounds would you ask Google or Apple to remove the contents?

        • hitmonchan on 15/02/2016 - 16:19

          @derek324:

          You don't get the point. People definitely know it is referring to me + my name is not that common anyway! It doesn't have to be unique!!!

        • miarn on 15/02/2016 - 16:30
          +6

          @hitmonchan: Derek is wrong. If people can identify it's you that's enough. Having said that, if you are serious about getting the app taken down, and Google or Apple don't play ball, get a lawyer. They will be able to advise you much more accurately than someone on the internet…

        • derek324 on 15/02/2016 - 16:33
          -1

          @hitmonchan: Strange how paranoia can link up with reality now and then.

        • derek324 on 15/02/2016 - 16:38
          -1

          @magicmoose: Magicmoose is wrong. No, that's not enough.

        • miarn on 15/02/2016 - 17:06
          +3

          @derek324: Sorry but you are wrong. See, for example, this article from the Hobart CLC.

          Identification is usually established easily. The person aggrieved is often named in the publication, but this is not essential. If the publication refers to the plaintiff by necessary implication, or if the person’s identification with the events is a matter of notoriety, then identification can still be established. To say, for example, that all lawyers are thieves does not defame any one lawyer because no particular lawyer is named. However, to say that the lawyer for a certain person is a thief may well be held to defame that lawyer. Even though they are not referred to by name, there could be many potential recipients of the message who know the facts, and would identify that particular lawyer with it.

        • derek324 on 15/02/2016 - 18:41
          -1

          @magicmoose: I agree with what you said. Yes, the quote you gave is correct interpretation of the law. However it has NO RELEVANCE to the OP, where the situation is REVERSED. In your quote identification can be established by ways other then the name, thus presence of the name in the material is not essential.

          Two examples to clarify:

          1) assuming that I know you, and I create an offending materials which include your physical characteristics, describe the place where you work, describe your house in details, the car you drive and how your fiance looks — each single item is not sufficient, however all of them taken together, even if I do not use your real name, identify you beyond any reasonable doubt;

          2) if on the other hand I do not give any details I mentioned above but say: "John Smith is a dishonest manager, has been caught illegally siphoning money from the company", and your real name is John Smith, the name by itself is definitely not sufficient to identify you beyond any reasonable doubt.

          We know from the OP that only his real name was used - this by itself is not sufficient for any action. The statement that "People definitely know it is referring to me" is highly questionable — how many people made such connection? How many did not? Why "they know"? Only because of the same name?

        • [Deactivated] on 15/02/2016 - 23:21
          +1

          @derek324:

          Baloney. The law is the law and it clearly says you can be easily identifiable by implication.

          Stop trying.

        • derek324 on 15/02/2016 - 23:36
          -2

          @Michegianni: Correct. Nice try, but… baloney. If ONLY the name matches, there is no implication.

        • [Deactivated] on 16/02/2016 - 07:33
          +1

          @derek324:

          There are many things that match - OP had an issue at work similar to what has been described.

          They are also Facebook friends.

          Potential 200 people who are all downloading the game in the same industry.

          How many more implications do you want?

      • wyrmy on 15/02/2016 - 23:08

        Forget about compensation. Unless you have a family lawyer willing to work for free you are wasting time. You might have grounds for getting it taken down for defamation though. See my comment: https://www.ozbargain.com.au/node/234784#comment-3467241

      • HeartFeltAxe on 16/02/2016 - 16:37

        Wait whats a reputation?
        I'm not sure I have one… xD
        Except a company that makes expensive clothes and perfume for men is DEFINITELY Named after me. Boss Hugo Boss :D

  • mskeggs on 15/02/2016 - 15:56
    +12

    Oh, and to answer your precise question, yes, you can sue people for anything, but a competent lawyer is likely to recommend you do not proceed due to costs and pettiness.

    • pyramid on 15/02/2016 - 16:06
      +1

      You already saved him visiting competent lawyer. As usual, your advise is top notch.

      • marka on 15/02/2016 - 19:08

        Far from it.

        Her comment is purely opinionated without providing any grounds under the law or preceding case.

  • djones145 on 15/02/2016 - 15:57
    +2

    I think u disclosed the name of the game in the pic!

    also is ur name jane smith or john citizen? if so you have a tough time arguing!

    • hitmonchan on 15/02/2016 - 15:59

      no. that is just the name of the person playing the game.

      I am named in one of the questions, so are other people. Some questions are worse than others, maybe I will speak with them.

  • djones145 on 15/02/2016 - 16:02
    +9

    I was hoping u were going to sue pokemon for using ur name, hitmon chan :P

  • spackbace on 15/02/2016 - 16:05
    +1

    What the hell happened between this:

    Basically the game creator has used a lot of real names of people he knows. I am his facebook friend but it's fair to say we don't really like each other. I have no idea why he would include my name except to ridicule and humiliate me. I prefer not to disclose my full name or the name of the game at this point in time. I haven't confronted him yet.

    And this:

    My scenario/question is: "(MY FIRST NAME) (MY SECOND NAME), a dishonest manager has been caught illegally siphoning money from the company."
    A) Terminate his employment quietly.
    B) Report him to the police.
    C) Ask for a share of the loot.

    ???

    • hitmonchan on 15/02/2016 - 16:10

      I don't get your question. If you're asking why i'm facebook friends with him, it happened years ago.

      • JimmyF on 16/02/2016 - 11:04
        +6

        you can unfriend people you know……

    • mskeggs on 15/02/2016 - 16:36
      +1

      The scenario is the fictional contents of the game when the OP's name is used. Although OP hints that the fiction might have some basis in old rumours he would rather not see repeated.

      • spackbace on 15/02/2016 - 16:37

        Yeah I realised afterwards on further in-depth reading.

        Should read as:

        The in-game scenario/question for 'my character' is: "(MY FIRST NAME) (MY SECOND NAME), a dishonest manager has been caught illegally siphoning money from the company."

        • hitmonchan on 15/02/2016 - 16:44

          but it's not just 'my character' he is having a go at me. It's literally my first name and second name and a lot of people obviously know what he is talking about.

        • spackbace on 15/02/2016 - 16:46

          @hitmonchan:

          a lot of people

          Define that.

          It relies on:
          1) People playing his game
          2) That worked for the company
          3) That care

        • hitmonchan on 15/02/2016 - 16:50

          @Spackbace:

          I admit it's not thousands.

          Basically i work in an industry where everyone knows each other. Maybe 50-200 (who knows) might download it, see my name and think that I did something I never did do. Even if it is lighthearted, people are reminded of it when it is something that should never have happened. What i'm really worried about is that a employer or someone with influence see this is and just wonders in the back of their mind whether i was "dodgy" when i was not. Don't you think that is unfair?

        • shannonn54 on 16/02/2016 - 14:46
          -4

          @hitmonchan: Hitmonchan,

          before you do anything, look at the credits etc of this app/game and read all and any disclosure or disclaimer statements.

          If there is a disclaimer saying something like "any characters or names used in this product are fictious and have no relationship to anyone living", you have NO grounds to take any action, EVEN if the plot. dishonest manager, is similar to any real life trauma etc.

          The creator can say he may have drawn on comments or scenarios that friends or acquaintances may have disclosed but he can' remember who etc. It's then up to you to prove you were falsely accused of a similar "crime" to the person in the game, which would bring to light events and ppl now put behind you

        • miarn on 16/02/2016 - 15:14
          +7

          @shannonn54:

          If there is a disclaimer saying something like "any characters or names used in this product are fictious and have no relationship to anyone living", you have NO grounds to take any action, EVEN if the plot. dishonest manager, is similar to any real life trauma etc.

          So much bad advice in this thread. This is completely untrue. You can't "un-defame" someone just by saying you've made everything up.

  • sa5ha on 15/02/2016 - 16:09
    +5

    Have you contacted the person who created the game and politely asked for them to remove your name?

    • ordinaryboy on 16/02/2016 - 09:59
      +3

      That'd be the logical first step…

  • tre180 on 15/02/2016 - 16:10
    +9

    If its any consolation I doubt it will get many downloads. It looks incredibly dull :/

  • Maki on 15/02/2016 - 16:12

    You gotta refer to the John Doe case which he sued Rainbow Six for using his name as the default player.

  • Ughhh on 15/02/2016 - 16:26
    +1

    John Smith and John Citizen should sue all the banks for using his name on credit cards.

    • hitmonchan on 15/02/2016 - 16:34
      -2

      stupid, their reputation has not been harmed.

      • Ughhh on 15/02/2016 - 16:40
        +5

        A person with very very bad financial decisions, numerous credit cards and bank accounts? What if John Citizen and/or John Smith wanted to be a financial adviser or work in finance but cant because of this?

        What makes you think you are more important or have a more valuable reputation than poor John? You're not the only person in the world that has a problem, and to be frank, no one cares who you are, you're not Tom Cruise.

        You just lost the very little reputation you had with this post and comment.

        • hitmonchan on 15/02/2016 - 16:47
          +1

          Obviously I'm not as famous as Tom Cruise.

          But there could be about 100-200 people within the industry I work in, seeing this and believing I did something wrong when I never did.
          That can be pretty damaging.

        • 20424468 on 15/02/2016 - 18:04
          +9

          @hitmonchan: You're assuming that all the people in that industry has downloaded and plays the game.

          Given how small your industry is, unless the game is on clash of clan or candy crush level, you're complaining about nothing.

          Chances are, there has been 0 damage to your name. However, now that you're trending om ozbargain that might all change…

          Really don't see how you thought this post could possibly be a good idea.

  • airzone on 15/02/2016 - 16:26

    Option C is the correct answer.

  • chumlee on 15/02/2016 - 16:39
    +38

    Just make a game with a person who has same name as your friend and this person goes around having sex with as many goats as he can

    • burningrage on 15/02/2016 - 17:07

      Best reply so far!!! Sock it back at em

    • Wallyt99 on 16/02/2016 - 09:11
      +3

      Tag line - "From the creators of the acclaimed 'Goat Sim', comes a brand new title - 'Goat Him'.

  • TheBird on 15/02/2016 - 17:39
    +1

    As mskeggs said, assuming you're in Australia, yes you can sue.

    The question then becomes whether you can win. That's a question for qualified legal people to answer. Are you willing to spend money to sue? If not, can you convince a lawyer to take on the case on contingency? If not, you're out of options.

  • DrDollar on 15/02/2016 - 17:40
    +1

    This game has only 100 downloads… Contact your 'friend' who created the game and request that your name be omitted.

    Likely he/she will simply remove your name and the problem is sorted.

    If however you have indeed been affected by a negative event that you can link back to your having been identified in this App, that might be a different story.

    • djones145 on 15/02/2016 - 20:27
      +7

      lets all buy this game to ensure its top of the charts

      • djprima on 16/02/2016 - 10:24
        +8

        plot twist: OP is actually the game developer using this thread as advertisement

        it works

  • mousie on 15/02/2016 - 17:47
    +12

    I will sue you for this absurd waste of time reading this post..

    • Donaldhump on 15/02/2016 - 17:48
      +6

      im suing you for stealing my thoughts

      • mousie on 15/02/2016 - 17:50
        +1

        Have a positive.. damages mitigated?

        • Donaldhump on 15/02/2016 - 17:51
          +2

          lets take it to mediation and work something out

          my lawyer charges in 6 minute increments $65, he once did a house visit and used the dunny for 8 minutes… cost me $130

        • mousie on 15/02/2016 - 17:53

          @unclesnake: that turd would potentially be more valuable than the notes he took..

        • Donaldhump on 15/02/2016 - 18:06

          @mousie: he probly wiped his ass with the notes he took.

  • Donaldhump on 15/02/2016 - 17:47
    +4

    i could sue you for writing a stupid post, you can sue for anything.

    Just tell the bloke to remove your name in an update to the app and recommend him removing all other names, or you will sue for the mental trauma caused, 28 million dollars should cover it. Bloke is a bit of a fool.

  • pointless martyr on 15/02/2016 - 17:59
    +4

    Similar thing happened to a friend of mine..lets just call him Tim J.

    Anyway my friend, T. Jones, tried to sue and lost it all

    The end.

    • No ONE on 15/02/2016 - 23:13

      You're one funny Tim Jones.

  • Donaldhump on 15/02/2016 - 18:07

    i had to remove AFL from the name of my app, or the AFL would sue me… i update that app real quick, made a solid $15 and retired… actually never even got $15

  • imahapyboy on 15/02/2016 - 19:32

    same name everywhere

  • sahcheap on 15/02/2016 - 19:40
    +14

    I found my name in a maths textbook which said that I only had 10 cents. I'm pretty sure people don't think you're a bad employee just as much as people don't think I'm a poor person. You're reading too much into it

  • djones145 on 15/02/2016 - 20:28

    D) bikies

  • GameChanger on 15/02/2016 - 20:37
    +14

    That guy must be laughing so hard; imagine he found this thread.

  • plasmoske on 15/02/2016 - 21:26
    +4

    Game dev should've used the small dick strategy.

    https://en.wikipedia.org/wiki/Small_penis_rule

  • Wormetti on 15/02/2016 - 21:59
    +8

    The Streisand effect is the phenomenon whereby an attempt to hide, remove, or censor a piece of information has the unintended consequence of publicizing the information more widely, usually facilitated by the Internet.

    https://en.wikipedia.org/wiki/Streisand_effect

  • tinx on 15/02/2016 - 22:03
    +7

    maybe this is a plot twist, op is the developer trying to get ppl to discuss about his game ? :)

    never heard of the game before so it works for me. not that I'm going to download it lol.

    • Iggemo on 15/02/2016 - 22:32
      +1

      woah.. meta

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