$250 million GTA: San Andreas lawsuit fails

Appeals court judge denies supposed Cypress Hill backup singer's claims that Rockstar used his likeness as model for CJ character.

Rockstar Games parent company Take-Two Interactive has won a lawsuit over Grand Theft Auto: San Andreas, writes The Hollywood Reporter. An appellate court judge on Wednesday denied supposed Cypress Hill backup singer Michael "Shagg" Washington's claims that Rockstar used his life story and physical appearance as a basis for protagonist Carl "CJ" Johnson. Cypress Hill denies any association with Washington.

Washington sued Take-Two in 2010 for $250 million, alleging that during the course of the game's development, he met with Rockstar to discuss details regarding his former life as a gang member. He even provided the company with a photo of himself and his name appears in the GTA: San Andreas credits.

However, a judge did not find this to be enough, and a California appeals court has concurred. Washington's principal problem was that he could not prove it was his likeness that appeared in San Andreas. The judge said, "Plaintiff is relying entirely on CJ's physical appearance in the game, but that appearance is so generic that it necessarily includes hundreds of other black males."

Additionally, the judge ruled that even if Rockstar did base CJ on Washington, it would have been protected as transformative fair use. This is an argument based on the fact that the First Amendment allows existing materials, including images, to be used so long as they are amended enough for a new purpose.

"Washington has presented no evidence demonstrating that the plot or characters of GTA: San Andreas have any relevance to his life or his purported fame," a statement from the decision reads.

[CORRECTION] According to a tweet from Cypress Hill, Washington is not affiliated with the band. GameSpot regrets the error.

Eddie Makuch
By Eddie Makuch, News Editor

Eddie Makuch (Mack-ooh) is a News Editor at GameSpot. He lives in Connecticut, works out of the company's New York City office, and loves extra chunky peanut butter.

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HSV002 53 pts

HD remake of GTA SA anyone? I'm very keen for it even though i think it is a pipe dream.

Granpire 252 pts

Wow, he isn't even associated with the band? That's just doubly wrong.

DrFrogg 14 pts

Sure, file a lawsuit against an extremely popular video game developer because the protagonist looks somewhat like me. I really WISH that would happen, I'm sure many of us would. Actually, I would support Take Two. Goddammit, people even sue people for farting on them. Things changed around here! 

botswanky 49 pts

Maybe if his lawyer had advised him to pursue a more reasonable sum of money? 250 million? c'mon, what a joke.  

Dark_December 62 pts

I neeeeed a dolla, dolla, dolla that's what I need and if I share with you my story , would you share your dolla with me?

AyatollaofRnR 139 pts

He wanted 250 million dollars because he thought the character resembled him and his life? Ok. I think this guy has an ego problem.

IevildirkI 31 pts

CJ is based on me cus i murder people, lie, cheat, steal, do drugs, and pick up hookers. Where is my millions?

 

RiP_ili 128 pts

I started out in the hood, with a bicycle. I sometimes wear a wife-beater, and I love me some hot coffee. Maybe I've got a case too.

RiKanKiDD 61 pts

Will the real slim shady please stand up

Divine_Stryph 43 pts

HA HA. Back-up singer trying to get paid. I'm not mad at him for trying. Seriously.

King_Jeremy_77 26 pts

Been told i look like Ezio, maybe i should sue Ubisoft lol

fredwv 211 pts

I've been told I look a lot like Duke Nukem,..   

Justforvisit 67 pts

I DO look like the PS3! Sony, I want my money back!

gplayer5 59 pts

Just another nut trying to scam money out of a huge corporation (a.k.a. business as usual lol). He seriously thought he would win a case like that?.... -_-

LJMStrike 11 pts

well that is insane in the membrane ;-)

 

Just herd Samuel L Jackson is suing Rockstar for his likeness to officer Ten Penny in the Game :-D 

Mr357Magnum 8 pts

 LJMStrike Oh how it almost makes you want to kill a man, which is something i can't understand

Wesleypipes777 22 pts

Judge says "How can you tell? They all look alike to me!!" 

RE2LeonS 100 pts

LOL whoops! Well that was fast, what a grade-A loser.

GamespotSux_IKR 115 pts

I'm the real CJ.

....... LMFAO!!!!!!!!

adrian_cortez94 40 pts

man, makuch. can you change the title of the article? you're giving cypress hill a bad rep.

Numbuh277 29 pts

sounds like cypress hill needs a little pocket change since they are broke.

This comment has been deleted
adrian_cortez94 40 pts

oh wow.... forgot to read the last line... whew,  thought cypress hill sold the fuck out.

simon1812 123 pts

CJ does kind of look like Shagg, but since they r both walking stereotypes it doesnt matter :D

Skyrim25 81 pts

Why are rappers so obsessed with gangster crap? Is being a self centered, drug using, and killing for stupid sh*t that 5 year olds call honor (basiclly a gangster) really something to be proud of?

Benficafan_101 27 pts

 Skyrim25  There's a lot that aren't"gangsters" don't stereotype a music genre that you obviously don't listen to

Kickable 142 pts

 Skyrim25 it's what they grow up next to, do you expect them to go research and drop rhymes about the refined sensibilities of Victorian era Britain?  they're writing songs to make money, about harsh lifestyles with very little rules and people taking what they want.  they're exploiting all of society's already existing obsession with gangs & crime.

southsideblk 26 pts

 Skyrim25 if you honestly think all rappers are about the gangster culture then you need to get out more. Basing your opinion on a small group makes you look ignorant, what rapper have you ever heard of condoning killing kids and doing drugs ?? nearly ALL rappers regardless of lyrics are against harming others. Just because they rap about the REAL world doesnt make them wrong, there are crack addicts, meth addicts, heroine addicts, and every type of addict that exist in the real world, just because you choose too pretend its not there doesnt make it so. You cannot fault rappers for using crime based lyrics, especially if that what sells to young whites, latins, asians, and blacks. They are in the business of making money, in case you haven't noticed, drama, violence, crime, etc sells. The most watched shows on television, walking dead, sons of anarchy, boardwalk empire, and breaking bad have more killing and crime than any rap song. All of those shows have little black presence, but they sell because people of today. People who think like you are luckily dying out, just because its not your cup of tea doesn't make it stupid shit, it called entertainment for a reason. People look at his/her name for christ sakes lmao, "Skyrim" a game i LOVE but welcomes you with a beheading. Hypocrisy much ??

firstclassgamer 150 pts

 Skyrim25 So is the Mafia and Politics every race has their corrupt people.

Fowsed 118 pts

aw shit... I remember pretending I was CJ at school... fuck, I gota run to Mexico

EliOli 95 pts

Rats...  I was going to sue them because a character looked like me.  Well that blows it then.

wexorian 353 pts

Racist judge and Idiot man who tryng to make easy money, he Tried to use Thughtools to Robe bank but did not worked seems.

jubeio 28 pts

I like how it took him so long to try this, I mean this game is 8 years old

Borrizee 14 pts

Any gangster story is alike,they did not need him for that.

vault-boy 615 pts

 Borrizee GTA: SA is basically Boyz in the Hood with a LOT more violence. Rockstar even said that they based a lot of that game off of Boyz in the Hood. If you haven't seen it its a good movie, and its especially fun to try to spot all the buildings Rockstar modeled off of exactly from the movie (there's a lot).

Borrizee 14 pts

@vault-boy i know one of the best gangsta movies there is. I did not know that about the buildings,thanks. Have the movie on dvd so have a reason to look at it again. Cheers.

vault-boy 615 pts

 Borrizee No problems, look at some of the houses, there is one with a red roof in it that is modeled exactly after the one in Boyz in the Hood, you can see it in the final scene with Darrin and Tre.

vault-boy 615 pts

 Borrizee Oh, and just a fun fact. The guy who played the person who murdered Ricky and then was murdered in the movie is played by Lloyd Avery II who was convicted of murdered and then was murdered himself while in prison. Irony!!!

Borrizee 14 pts

@vault-boy damn,you no to much. Again thanks for inside info.

sodiumpentathol 93 pts

Pompous jackass trying to cash in on a popular franchise. They should sue him for it!

Trainz2006_fan 16 pts

Trying to top the old bank account up!

tightwad34 522 pts

I wonder how many people he bragged to about being the main character for this game? You know he did. Hiphopcrisy anyone? 

tightwad34 522 pts

Sorry, that last half sentence was lame.

SirenAries 23 pts

im glad he lost. just trying to get rich quick

vadagar1 278 pts

all these people in games look like humans

God should SUE.....

 

omg all these characters in games must be breathing air right!! like me ....SUEEEEEEEEE, oh look that street looks like my street!!...SUEEEEEEEEEEEE, omg I have the same knife..SUEEEEEEEEEEEEEEEE

 

honestly I thank God that most judges still have common sense

Killer6b9 202 pts

Another washed up junkie trying to make some money....Hey Shagg...go greet shoppers at Wal Mart scumbag. You don't see all the people that South Park makes fun of and they use the real name of the people most of the time and you can tell they are making fun of them. But I guess they put that warning up before every episode stating that any likeness is only by coincidence.....but still EVERYONE knows what they are doing....so I can just see it now......when every game loads  you will get that same message, unless endorsed by a specific "real" person......so sad....lol

CraigNinten 65 pts

 Killer6b9 Its actually, South Pack  did get themselves into troubles a few times, or it was Family guy? couldn't remember.

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