Teenage girl sues industry giants over topless photos

By Tom Bramwell Published 22 December, 2004

A teenage girl has filed suit against Take-Two, Microsoft, Sony and Top Heavy Studios after topless footage of her aged just 17 appeared in a console trivia game.

A Texan judge has granted a temporary order prohibiting sales of a trivia game in the USA that rewards players with video and photos of topless women, after a teenage girl claimed that she was photographed and included without her consent when she was just 17 years old.

Take-Two subsidiary Gathering, which publishes "The Guy Game", developer Top Heavy Studios, and platform holders Sony and Microsoft, for whose PS2 and Xbox consoles the game is available, are all reportedly named in the suit, which claims the plaintiff, identified only as "Jane Doe", has suffered humiliation, embarrassment and shame since the game came out last year.

Although in these cases one would expect the question of consent to be pivotal, as the girl involved was just 17 at the time - and therefore legally a minor - the issue of consent is rendered entirely moot, and her age also raises questions about the legality of the material overall.

The game itself, considered by most critics to be a poor game show derivative swaddled in low-grade soft-core pornography, involves answering questions to try and unlock photos and footage of young ladies cavorting during the Americans' annual "spring break" celebrations, during which - as far as our exposure to such events through MTV, The Simpsons and other television imports have informed us - young people get very drunk and dance around on beaches.

The offending footage of the young woman was apparently filmed during the spring break celebrations on Texas' South Padre Island, and the suit also claims that her image can be found on the game's official website, where the girls' first names are also reportedly listed.

"Plaintiff is still a teenager and wishes to attend college, develop her career and be active in her community and church," the lawsuit said.

None of the defendants in the case had commented on the matter by Wednesday, but as The Guy Game has yet to be released outside of the USA it seems unlikely that any statements will be issued through European branches.

The Guy Game has, however, just been released in the US on the PC, prompting a minor PR nightmare for the firms involved. Indeed, a search for "The Guy Game" brings up the press release headlined, "Stuff Your Stocking with the Girls of Spring Break as TOPHEAVY Studios Ships 'The Guy Game' for the Personal Computer," just inches away from stories discussing Jane Doe's fight to get it banned for including unauthorised topless images of her whilst she was a minor.

Picture of Tom.

About Tom Bramwell

Tom is Operations director of Eurogamer Network and Editor-at-Large of Eurogamer.net. He joined the company in February 2000.

Read more articles from Tom by visiting the Tom Bramwell archive page.

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Comments (59) Latest comment 7 years ago

Comments threads automatically close after 30 days, but please feel free to continue chatting on the forum!

  • ssuellid #1 7 years ago

    lol. What was she doing flashing her tits BTW? oh a 'Spring break' incident.
    Edited by 1 at 22/12/04 @ 11:35

  • Lutz #2 7 years ago

    To get the money out of the camera mans hand?

  • Milk #3 7 years ago

    *cough*link please*cough*

  • brokenkey #4 7 years ago

    screenshots?

  • binky #5 7 years ago

    /googles

  • [maven] #6 7 years ago

    The "plaintiff [...] wishes [...] to be active in community and church". And prance around topless on spring break. Doesn't sound like double standards to me.

  • brokenkey #7 7 years ago

    The Guy Game

    I think hottie number 3 in screenshot section looks somewhat jailbait
    Edited by 1 at 22/12/04 @ 11:45

  • fergal_oc #8 7 years ago

    It's so similar to the "i'm gonna sue Nike because I tripped over my undone shoe laces and hurt myself" story it's crazy!

  • Madder-Max #9 7 years ago

    How did she come to be photographed topless anyway? Surely the photographer is the one that should be sued for photographing a minor and then distributing?

  • Eldritch #10 7 years ago

    Can't they render stuff like everybody else?!

    What has this world come to?!

    And: "developer Top Heavy Studios" LOL

  • brokenkey #11 7 years ago

    oh this stinks of PR guff. Whats the likelyhood that in a game full of girls, the plaintiff's photo happens to be one of 6 girls featured on the web site.

  • Blerk #12 7 years ago

    Tip for the ladies:
    If you don't want people to look at your naked breasts... do not flash your naked breasts at people. Especially people with cameras.

  • Spanky #13 7 years ago

    Isn't it illegal to show your baps in the states then? It's like one of us suing the Met for filming us pissing up against a wall after a night out.

  • Xensor #14 7 years ago

    So some dumb teenager flashes her baps at a man with a camera in front of a big sign saying "the guy game", no doubt got paid and now is moaning about them using the self same baps in the said game? If i was a judge i laugh this nonsense out of court.

  • Blerk #15 7 years ago

    If i was a judge i laugh this nonsense out of court.

    Bear in mind this is a Texan court. They'll probably send someone to the chair over this. :-)

  • bivith #16 7 years ago

    Nice Daily Mail writing style there...

  • logan #17 7 years ago

    She should be sued...damm no, she should be paid AGAIN... m(and probably is...)
    great publicity....
    "little church girls T1Ts plonked into game..."
    here quote at the time was probably,
    "for a computer game huh, just geeks and stuff" yeah ok *removes top*
    "hey you have any crack"..

    (please note this could be a work of fiction.... and for the record, it is impossible to defame her character further.........)

  • Mr_Sleep #18 7 years ago

    "Plaintiff is still a teenager and wishes to attend college, develop her career and be active in her community and church,"

    Now that is amusing, she's so active in church that she went to spring break, got leathered and then went topless....a contradiction somewhere.

  • UncleLou #19 7 years ago

    Jesus, you lot don't have much sympathy for a drunken mistake a teenage girl might have made, have you?

    Unless it's all staged - the screenshots certainly don't look like candid material-

  • BEAR-ONE #20 7 years ago

    Should'nt it be called the "dumb young american male" game anyway???

    I needed a laugh... and got it! Thanks Eurogamer!! LOL

    It sounds so like the overweight guy with a heart condition who sued McDonalds for turning him into a fat overweight turd. Now in McDo "restaurants": WARNING, EATING OUR FOOD CAN CAUSE YOU TO BECOME FAT AND STUPID.

    Aaaaahhh gotta love the US ;)
    Edited by 1 at 22/12/04 @ 14:34

  • tengu #21 7 years ago

    I'm sure money has nothing to do with it.

  • Mr_Sleep #22 7 years ago

    "Jesus, you lot don't have much sympathy for a drunken mistake a teenage girl might have made, have you?"

    Loads of sympathy, I actually think that whole spring break thing is very morally questionable and does seem to be an excuse for some very dodgy behaviour. However a lawyer making statements that make a point of how moral she is and how it's all just a big misunderstanding do tend to get my goat a bit.

  • Madder-Max #23 7 years ago

    "Jesus, you lot don't have much sympathy for a drunken mistake a teenage girl might have made, have you? "

    Not when she appears to be cashing in on it.....

  • UncleLou #24 7 years ago

    I know it's not the most likely story, but imagine for a moment her story is true - she was, 17 years old, at the Spring Break, flashed her boobs, and now she finds herself in a videogame, without ever having given her consent. And the article doesn't mention she wants to cash in, it just mentions that the game doesn't get distributed. Sounds fair to me.

  • UncleLou #25 7 years ago

    You better take care you don't fall off that high horse.

  • RumpyStumpy #26 7 years ago

    It's a PR stunt. How do we get exposure (excuse the pun) of our poor game.

    I know say some minor is suing us for showing her tits.

    This will come to nothing and just increase their sales. Maybe 5 people will buy it now.

    I know I will ;-)

  • Blerk #27 7 years ago

    but imagine for a moment her story is true - she was, 17 years old, at the Spring Break, flashed her boobs, and now she finds herself in a videogame, without ever having given her consent

    The IGN news story covering this same incident implies that there was a consent form which needed to be filled in and signed for people who were to appear in the game. If that is indeed the case I'm not convinced how this could have ever even gotten to court, unless there wasn't a 'I confirm that I am old enough to get naked in front of a camera' check-box.

    That said, if it was indeed just 'candid footage' taken without her consent... surely it's illegal to put that kind of stuff in a mass-produced media product anyway regardless of age? I mean, if I went down to Brighton beach next summer and filmed a load of ladies with their tops off and then decided to make a DVD and sell it I'd have the law on me in seconds, surely?

    /plans business 'opportunity'

    Edit: stupid bloody tags
    Edited by 1 at 22/12/04 @ 15:33

  • RumpyStumpy #28 7 years ago

    "but imagine for a moment her story is true - she was, 17 years old, at the Spring Break, flashed her boobs, and now she finds herself in a videogame, without ever having given her consent"

    I'd blame the parents and want to know if she had any younger Sisters! :-)

  • Mr_Sleep #29 7 years ago

    "I mean, if I went down to Brighton beach next summer and filmed a load of ladies with their tops off and then decided to make a DVD and sell it I'd have the law on me in seconds, surely?"

    Actually I'm not sure that's true for this country, you can't film kids etc but normal people is fine to my knowledge.

  • urban #30 7 years ago

    whatever she shouldnt have been drinking or going on a spring break sex holiday either.

  • Blerk #31 7 years ago

    Actually I'm not sure that's true for this country, you can't film kids etc but normal people is fine to my knowledge.

    But to film them and then commercially sell a DVD of them? Without permission? Surely that would be illegal?

    /charges camcorder

  • Mr_Sleep #32 7 years ago

    "But to film them and then commercially sell a DVD of them? Without permission? Surely that would be illegal?"

    I'm really not that sure but I understand that the laws are a lot more relaxed in this country and you don't have to get permission of everyone you film and broadcast on TV, so I assume the same applies to DVD. So, maybe.

    /consults solicitor

  • UncleLou #33 7 years ago

    Oh shut up.

  • calgarian #34 7 years ago

    It's all right for the guy game to be sued but Microsoft and Sony?

  • inpHilltr8r #35 7 years ago

    she shouldnt have been drinking or going on a spring break sex holiday either.

    Jealousy can be so ugly. :)

  • Errol #36 7 years ago

    I'd do her.

  • Dragul #37 7 years ago

    Stupid Bitch 1 - 0 Guy Game

    Nice result for a shitty game...

  • MetalDog #38 7 years ago

    Ugh.
    You lot are (with noteable exceptions) poster children for stupidity.
    Of course most of you probably /are/ children, like the lass when she got snapped. Only seventeen year olds and idiots think that seventeen is 'adult' regardless of laws.

  • ave #39 7 years ago

    Are you serious MetalDog?

    1) She goes on springbreak and flashes her tits

    2) She signs consent form(no doubt to get a nice cash sum for being in the game) and doesnt disclose she's a minor.

    3) Sues everyone and anyone to attempt to get even more cash, while blatantly lying about wishing to "be active in her community and church"

  • UncleLou #40 7 years ago

    /thinks he could become a lawyer

    /doubts it

    :p

  • UncleLou #41 7 years ago

    Or maybe, just maybe, the company should have had the responsibility to check ID cards. FFS, 17 year old teenagers are allowed to get drunk, and are allowed to make mistakes. The "holier than you" (or than her, in this case) attitude here really gets on my tits. Um, no pun intended.
    Edited by 2 at 23/12/04 @ 11:07

  • Mr_Sleep #42 7 years ago

    "What has your panties in a knot anyway, did someone publish nude pictures of you, or something?"

    As much as I like UncleLou I and most other people have no desire to see his tits, call me old fashioned if you want.

  • UncleLou #43 7 years ago

    Holier than thou, my ass. Everyone makes mistakes when they're young. It's only American sue-culture which has people believeing they can correct them (and trying to get a profit out of it).


    WTF? If anyone's trying to make profit here, it's obviously the games company.

    What has your panties in a knot anyway, did someone publish nude pictures of you, or something?


    No. I just have some common sense.

    @Mr Sleep:

    I better not post that link then. I was young, and needed the money. :p
    Edited by 1 at 23/12/04 @ 11:26

  • Mr_Sleep #44 7 years ago

    "I better not post that link then. I was young, and needed the money."

    There is a link?!? Well, now you mention it I've always been quite int...no, no no, no...erm /runs

  • Blerk #45 7 years ago

    FFS, 17 year old teenagers are allowed to get drunk, and are allowed to make mistakes.

    Actually they're not. Not in the US, anyway - you have to be 21 to legally drink alcohol.

    But making mistakes - yeah, that's allowed. God knows I made a few. Although I don't ever remember posing 'tackle-out' for a game. :-)

  • ave #46 7 years ago

    "Or maybe, just maybe, the company should have had the responsibility to check ID cards."


    That's wholly beside the point.

    Why did she sign the consent form?

  • Mr_Sleep #47 7 years ago

    "Actually they're not. Not in the US, anyway - you have to be 21 to legally drink alcohol."

    Since when did legality have anything to do with it? ;) I was drinking about four years before legal.

    "Why did she sign the consent form?"

    We do not know whether there was coersion involved, she might not have willingly signed it.

  • ave #48 7 years ago

    "We do not know whether there was coersion involved, she might not have willingly signed it. "

    You are joking, right?

    A publisher is going to go to lengths to forcibly coerce someone to sign a consent form, but not bother to check her age?

    Yeah right.

    Greed - pure and simple.

  • UncleLou #49 7 years ago

    Methinks you are being a bit too politically correct, lighten up.


    lol, nice try turning the facts upside down. It's you who is sitting on the moral high horse here.

  • UncleLou #50 7 years ago

    The fact that you accept without a single hesitation that she is in the right makes me wonder if you yourself are a lawyer?

    Well spotted, I am indeed a lawyer. I wonder what that has to do with itm though, certainly the other side is represented by lawyers as well, so I could just as well take their position. And I wonder if you've read the article - nowehre does it say she's sueing for money - what the court has done is stop the distribution of the game. Is she a silly cow? Maybe. But maybe she's just a teenager who got drunk and did something she shouldn't have done. Bad enough for her. Not reason enough for a dubious games company to exploit her mistake and make money with it.

    And btw, the law protects silly people just as much as clever people - in fact, silly people are much more in need of laws that protect them.

  • UncleLou #51 7 years ago

    Taht doesn't mean I don't think the company should get a fine though. Of course they need to be punished for not having their act together. And future copies of the game will have to be without this girl.

    But none of that fine money should go to the girl.

    Finally! That's what I've been saying all the time.

  • Aga #52 7 years ago

    It won't stand up in court Eukie...

  • UncleLou #53 7 years ago

    Can I now sue the girl/company for emotional damages I now suffer because I know I have been shaking the one-eyed snake to a topless minor without her parental consent? ;-)

    /sings

    Only in America...

    ;-)

    It might very well be that she's trying to make money out of this - you'd have to search for a while to find a country where she couldn't claim damages, though. She was a minor, and minors are thoroughly protected in nearly all law systems, and rightly so. Minors deserve to get protected by the law for mistakes they make. They're often immature, influencable, and exploitable easily by adults, so what shocked me a little in this thread was the malice towards her. No coincidence that people who have children themselves, like Blerk, weren't so harsh.

    Anyway, no hard feelings, at least we agreed the distribution should be stopped. :-)

    edit: Not really typos today, I just can't express myself. :p
    Edited by 2 at 23/12/04 @ 13:40

  • squaylor #54 7 years ago

    As for Blerkie's plan for Brighton next summer, there was a bit on the news here the other week about a bloke at a beach caught taking pics of topless women on his camera phone. One of the women's b/f saw him and called the police. He was arrested, fined and had his phone destroyed. Plus he was in all the papers. So I guess it is illegal...

    /warns

  • Blerk #55 7 years ago

    So I guess it is illegal...

    Gah!

    /goes back to shoving Grandad down the stairs for 'You've Been Framed'

  • bivith #56 7 years ago

    It wouldn't matter if it happened in this country as they can print a girl's ya-yas at 16 here. strange innit.

  • Mr_Sleep #57 7 years ago

    "It's not like people stop drinking after the first time they embarass themselves in public"

    If anything it spurs me and everyone else on to more tomfoolery.

    @squaylor, interesting, perhaps nudity is under a different section of the law or I'm simply completely wrong*


    *distinct possiblity

  • Pirotic #58 7 years ago

    bivith - god bless the UK eh?

  • Aristagon #59 7 years ago

    Maybe interesting to know, Top Heavy Studios was founded by the same guy (Jeff Spangenberg) who also started Iguana Entertainment and later Retro Studios. http:/ /cube.ign.com/articles/574/574119p2.html if you want to read the entire 11-paged article on Retro and their, rather, troublesome history. Apparently he's a bit of a knob. Excusez-moi if this article or info has been shared somewhere else already.

    And on-topic: tits, lol, tits.