Wednesday, July 16 2014 @ 08:23 AM EDT
Contributed by: Don Winner
Former Panamanian dictator Manuel Noriega is suing Activision over the use of his likeness in Treyarch's first-person shooter Call of Duty: Black Ops 2.
In the game Alex Mason and Frank Woods track Noriega, codenamed False Profit by the CIA, to the outskirts of Panama City. You can see the scene in which they find him in the video, below, taken from the level Suffer With Me.
Now, 80-year-old Noriega, who lives in Panama, is suing Activision for the "blatant misuse, unlawful exploitation and misappropriation for economic gain" of his image in Black Ops 2, which came out in 2012.
In the lawsuit, filed in the Los Angeles County Superior Court and reported on by the Courthouse News Service, Noriega's lawyers claim: "In an effort to increase the popularity and revenue generated by Black Ops 2, defendants used, without authorisation or consent, the image and likeness of plaintiff in Black Ops 2.
The real life Manuel Noriega, taken in 1990.
"Defendants' use of plaintiff's image and likeness caused damage to plaintiff. Plaintiff was portrayed as an antagonist and portrayed as the culprit of numerous fictional heinous crimes, creating the false impression that defendants are authorised to use plaintiff's image and likeness. This caused plaintiffs to receive profits they would not have otherwise received."
Noriega said Black Ops 2 portrays him "as a kidnapper, murderer and enemy of the state", before referencing the scene depicted in the video, below.
This is all an attempt to "heighten realism in its video game", Noriega said. "This translates directly into heightened sales for defendants.
"Defendants deliberately and systematically misappropriated plaintiff's likeness to increase revenues and royalties, at the expense of plaintiff and without the consent of plaintiff."
Noriega wants damages for unjust enrichment, unfair business practices and violation of common-law publicity rights, as well as lost profits.
Noriega was military dictator of Panama from 1983 to 1989, but was removed from power after the 1989 invasion by the US. He was tried and sent to prison in April 1992. After his sentence ended in 2007, France was granted its extradition request. Noriega again went to trial and again sent to jail. A conditional release was granted in 2011 for Noriega to be extradited to serve 20 years in Panama.
Black Ops 2's single-player campaign includes two connected storylines, the first of which is set from 1986 to 1989 during the final years of the first Cold War. It chronicles the rise of antagonist Raul Menendez, who fakes his demise with the help of Noriega.
Activision is yet to file its response.
Editor's Comment: Wow. Talk about looking to get paid from prison... Now maybe the family members of the (dead, shot in the face) Osama bin Laden will sue dozens of video game producers, for using his likeness without his permission. Third world tyrants around the globe are - right now - looking for the name and email address of these LA lawyers.