Fallout 3's 'Vault Boy' now delivering pizza, copyright infringement
by Ben Gilbert 
{ Nov 16th 2009 at 10:00PM }
The only question now is "How long until Bethesda shuts this down?" We contacted the Fallout publisher to find out its reaction, and were told, "Well he is a big part of our Fallout brand and is copyrighted, so, yeah, deciding on your own to use him to promote your business or product, or to sell stuff, or whatever, without getting permission from us ... not a good idea." Ruh oh!
(Thanks, Dan)
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Reader Comments (Page 1 of 3)
Vincent @ Nov 16th 2009 10:02PM
"Democracy is Non-Negotiable!"
DeepFriedSushi @ Nov 17th 2009 6:11AM
i'm kinda surprised at the responses this is getting... imo its more homage/flattery than trying make some sort of profit from the pipboy logo :(
why do people take the lawyers side when this sign was probably designed by a fan of the fallout series...
borland502 (SDF Macross) @ Nov 17th 2009 8:08AM
"why do people take the lawyers side when this sign was probably designed by a fan of the fallout series..."
Because that theoretical fan is using the image to make money. But we assume things here, it might not be the owner. It could be whomever the owner hired to make the logo.
While businesses have the right to shut any IP use down (witness the early days of the web, like Star Trek and X-Files), these days it's usually only when you're trying to make a buck off their stuff.
Peter Moore @ Nov 16th 2009 10:03PM
Copyright infringement? Why the hell do you always have to get weird shit when we order pizza. Is pepperoni not good enough for you?
Sly @ Nov 16th 2009 10:29PM
i hate it when they go for the pineapples on the thin crust, but man, that copyright infringement is just so much worse.
MystileArmor @ Nov 16th 2009 10:32PM
I do enjoy a nice copyright infringement stuffed crust, though.
Maverick Saturn (Igor) @ Nov 16th 2009 11:47PM
http://atlasshrugs2000.typepad.com/atlas_shrugs/images/2008/02/20/monopoly.jpg
We all wish we were falloutboy at heart :D
HighFiveJesus @ Nov 17th 2009 12:26AM
i bet you do uber pudding boy
Stevetrop @ Nov 17th 2009 1:24AM
Mmmmmmm Pizza Perk
The Baron @ Nov 17th 2009 8:03AM
We have Simpson's pizza just down the road, with a badly stretched jpeg of that family on the banner -_-
I think it's fair enough. I always liked the ice cream vans with Disney characters painted all over, though maybe they were paying for that privilege.
Special Agent Steve @ Nov 16th 2009 10:03PM
I would totally sign up for a vault right now. Considering I live on the East Coast, MW2 has got me in a scare. SIGN ME UP FOR VAULT 142! BIATCHES!
Darth Bradwart, The Dark Lord of the Sith-ATDF Co-Founder @ Nov 16th 2009 10:18PM
I thought you were supposed to live in the mountains...hiding from the Russkies...
Special Agent Steve @ Nov 16th 2009 10:23PM
Fuck no. Special agents don't do shit after what happened to Allen.
Now, we play Scrabble and do crosswords. Man, life has gotten so much easier.
Darth Bradwart, The Dark Lord of the Sith-ATDF Co-Founder @ Nov 16th 2009 10:36PM
No wonder we can't find Bin Laden...
Special Agent Steve @ Nov 16th 2009 10:40PM
Nah. I know where Bin Ladin is. Fucker just got a triple word score with "zeugmatography".
So far, it's 2,003 to 2,002. US is winning, but for how long?
DAMMIT MAKAROV, STOP STEALING VOWELS!!!!!!!!
Darth Bradwart, The Dark Lord of the Sith-ATDF Co-Founder @ Nov 16th 2009 10:46PM
Say hi to Putin for me.
PedoJokerBear [Planeteer | Power of Gall Bladder] @ Nov 16th 2009 11:21PM
now we all know whats special about special agent steve.
Special Agent Steve @ Nov 16th 2009 11:25PM
My imagination? My mom says its my Hulk underwear, but I think it's really my Superman undies. Nothing better than Superman guarding your crotch.
F1: Basu Gasu Bakuhatsu @ Nov 17th 2009 7:56PM
Ya but lady panties always seem to make him fly away.
Mike Dodd @ Nov 16th 2009 10:03PM
Wow and the dumb thing is that they thought they would get away with it.
I hope you guys will continue to follow this story and what the publisher's response is.
Hell, I;d love for someone to call the pizza place and ask what the hell were they thinking.
MystileArmor @ Nov 16th 2009 10:28PM
"Wow and the dumb thing is ..."
You're telling me there is a smart thing about all this?
Ridgecity @ Nov 17th 2009 4:51AM
probably a young designer wasn't really trying and decided to borrow from somewhere on the internet, who even read the internet these days?
Joe (PSN & XBL: leslij55) @ Nov 16th 2009 10:04PM
There's a place in my town (can't quite remember what it is exactly... dry cleaning place maybe) whose logo is identical to Vault Boy, except with slicked back black hair. I only realised it recently.
MANUEL DONGALERO @ Nov 16th 2009 10:05PM
did you seriously narc on some tiny pizza restaurant to a big corporation
snitches get stitches brah
Peter Moore @ Nov 16th 2009 10:08PM
Shit just got real.
Darth Bradwart, The Dark Lord of the Sith-ATDF Co-Founder @ Nov 16th 2009 10:11PM
Hey, bros before hos. The bro doesn't like being misused...
EvinTheSwift @ Nov 16th 2009 10:11PM
Yeah, it's a pretty mean move. But then again I guess this gives Joystiq a good position with Bethesda.
And in totally unrelated news, Miyamoto's birthday is today.
PedoJokerBear [Planeteer | Power of Gall Bladder] @ Nov 16th 2009 11:22PM
your name has dong inside of it. haha...what? LOOOK AT MY AVY MAN
BPMOmega [XBL, PSN, Steam] @ Nov 17th 2009 12:17AM
@PedoJokerBear:
Why so lecherous?
SoCoolCurt (PSN: KillaKornbread - XBL: SoCoolCurt) @ Nov 17th 2009 6:07AM
@ Manuel Dongalero
i was thinking the same thing. nobody likes a little tattle tale Joystiq!
Sean @ Nov 17th 2009 8:14AM
I was thinking the same thing!
Joystiq Snitchedd!!1
The Dark Wayne [Planeteer: Power of the Batusi] ATDFs Financier and Batman @ Nov 17th 2009 9:17AM
snitches get stitches but the people who give the stitches get a good ol heap of JUSTICE!!
Lorben @ Nov 16th 2009 10:04PM
They're not the only ones using Vault Boy to shill something
http://totallylookslike.files.wordpress.com/2009/08/fallout-2-vault-boy-totally-looks-like-dutch-tile-selling-boy.jpg?w=401&h=271
WINterfang ( Now with the power to piss you off ) @ Nov 16th 2009 10:08PM
To be fair, Vault boy looks like a public domain character.
MystileArmor @ Nov 16th 2009 10:29PM
They are Dutch, leave 'm alone! They are also the cheapest ones available for tiles, or that's what the ad reads.
t00l @ Nov 16th 2009 10:08PM
TADDLE TALES!!!
charlie b. @ Nov 17th 2009 12:23PM
down voted for improper spelling.
JoeStillLife @ Nov 16th 2009 10:18PM
RADIOACTIVE PIZZA =D
WRYYYYYY @ Nov 16th 2009 10:25PM
Pepperoni pizza - WG 2 HP +10 Rads +8
finnith @ Nov 16th 2009 10:40PM
Mmmm...Brahmin.
BigFat @ Nov 16th 2009 10:28PM
Joystiq . . .
why you have to rat them out like that? There just a squirrel trying to get a nut in this reccession.
vidGuy @ Nov 16th 2009 10:32PM
Hmm, they might actually not have much of a case here. /Copyright/ protection isn't usually available for characters, unless they amount to "the story being told." In effect, a character's whole persona is copyrightable, but the image of a character might not be.
This is the sort of thing trademark protection usually covers. Copyright, not so much.
Avatar @ Nov 17th 2009 6:16AM
You have no idea what you're talking about.
JeezWhiz87 @ Nov 17th 2009 9:19AM
Actually, he doesn't have it completely right, but he's not totally wrong either. If I remember correctly the law reads something to the effect that a work of art as a whole can be copyright, but not necessarily parts of it. For example: Persistence of Memory by Salvador Dali features melting clocks prominently. Just because the piece itself is copyright doesn't mean nobody else can use a melting clock in their artwork, they simply cannot duplicate the entire painting. Depending on how they rule it, they could say that it's not a significant enough piece of their IP to hold its own copyright. (Let me be clear here that I don't believe they'll rule that way though). If however, Vault Boy was trademarked, not copyright, there would be no way anyone could use it. Whatever though, you get the idea.
vidGuy @ Nov 17th 2009 9:23AM
Really Avatar? Cause I'm halfway done with law school, specializing in Intellectual Property, and just spent two weeks talking about the copyrightability of cartoon characters. Thanks for your input though.
vidGuy @ Nov 17th 2009 9:39AM
Gaiman v. Mcfarlane, 360 F.3d 644 (7th Cir. 2004) (a character is copyrightable when what is protected is "what he knows and says, his name, and his . . . features").
Warner Bros v. ABC, 720 F.2d 331 (2d Cir. 1983) ("In determing whether a character in a second work infringes a cartoon character, courts have generally considered not only the visual resemblance but also the totality of the characters' attributes and traits.")
Visual representation of a character /by itself/ usually isn't enough. Since there aren't any backstory or character traits appropriated other than visual appearance, they probably don't have a case.
vidGuy @ Nov 17th 2009 9:42AM
BTW, this is exactly why Disney /trademarks/ most of its characters in addition to having them copyrighted.
Apollo @ Nov 16th 2009 10:36PM
Am I the only one who got the Scooby Doo reference?
ROOBY ROOBY ROO!
OptimumEDGE @ Nov 16th 2009 10:41PM
You might be the only one who cared.
Darth Bradwart, The Dark Lord of the Sith-ATDF Co-Founder @ Nov 16th 2009 10:42PM
Who is this Doo chap?