When you think of Cypress Hill, you probably don't think of riding bicycles around the mean streets of Rockstar's fictional "San Andreas." But perhaps that's where your mind should go, argues backup singer Michael "Shagg" Washington, who's suing the developer (and its publisher, Take-Two Interactive) six years after the game's release. Washington claims he met with Rockstar in 2003 "to talk about street life for the [then] upcoming game," including a description of his "troubled life in his youth" and specifics about "how the teenagers in his gang rode around on bicycles."
IGN got its hands on a copy of the suit, which explains that Washington didn't see San Andreas in action until this past July, when his nephew was playing it. "The plaintiff had never seen the game. He did not own or play video games," the complaint admits, further explaining, "Upon examination of images of 'CJ' and comparison to his photos from that year and other evidence, it became clear that Rockstar had stolen his image and never paid him."
For Washington's claims, he's asking for 25 percent of Rockstar's profits from San Andreas -- approximately $250 million. Take-Two, unsurprisingly, says the case "is completely without merit" and the publisher "will vigorously defend itself in the matter."
Reader Comments (63)
Posted: Dec 9th 2010 10:10AM Hitman190 said
I am Captain Kirkus and these are the voyages of the starship USS Facepalm...to explore stupid dumb moronic crap and boldly facepalm where no man has facepalmed before...
Tonights Facepalm worthy adventure...
The Story of the Cypress Hill Backup singer *dun dunnnnn*
Tonights Facepalm worthy adventure...
The Story of the Cypress Hill Backup singer *dun dunnnnn*
Posted: Dec 9th 2010 10:11AM Billlop said
NEWS! Washed up, talentless singer wants cash for nothing! More at 11.
Posted: Dec 9th 2010 10:57AM ShadowXIII said
@Billlop
Goodnight everybody!!
I've got nothing for this one...the joke tells itself.
Reply
Goodnight everybody!!
I've got nothing for this one...the joke tells itself.
Posted: Dec 9th 2010 10:18AM Zoot Suit Jedi Grammar Hammer En said
Gotta stay famous somehow. When the lyrics don't come, turn to lawsuits.
Posted: Dec 9th 2010 10:19AM Zoot Suit Jedi Grammar Hammer En said
@Zoot Suit Jedi Grammar Hammer En
PS- He was totally high when this dawned on him.
Reply
PS- He was totally high when this dawned on him.
Posted: Dec 9th 2010 10:18AM Errol said
He probably saw 2 minutes of the first bike chase and came to that conclusion.
Posted: Dec 9th 2010 10:20AM roblarosa said
So he's broke and desperately needs money? Is that what I'm hearing?
Posted: Dec 9th 2010 10:21AM Ellimem said
So he waited long enough to look like him? Not a bad idea.
Posted: Dec 9th 2010 10:22AM SuperAnthony64 said
So this guy drove monster trucks in the desert? when he was young?
Posted: Dec 9th 2010 10:23AM copa said
I checked with my son this morning, and he didn't even know that Cypress Hill invented bicycles.
Public schools are failing our children.
Public schools are failing our children.
Posted: Dec 9th 2010 10:23AM Dark Archon PSN Archonik XBL Dar said
HAHAHAHAHAHAHAHA, oh wow! Dave Mirra Freestyle BMX, you're next!
Posted: Dec 9th 2010 10:28AM Dante G said
Insane in the brain...
Posted: Dec 9th 2010 10:29AM SewerShark said
So, 4 black guys on bikes are copyright infringement material?
Posted: Dec 9th 2010 10:32AM Lerkero said
This could turn into a class action lawsuit. I can only imagine the number of troubled youths that rode bicycles together that will come forward now that this is public.
Posted: Dec 9th 2010 10:32AM SimonBelmont said
"Back in the hood...we gradually leveled up our biking skill over time, increasing speed and responsiveness, while building muscle. Then we went to Burger Shot."
Yeah, they definitely stole that shit.
Yeah, they definitely stole that shit.
Posted: Dec 9th 2010 10:35AM ChomskyKnows said
what about the big bully dude from the movie Friday. He was black, in the hood and always rode a bike. he should sue too.
maybe i should sue. i also rode a bike, though i didn't slap a bitch...
maybe i should sue. i also rode a bike, though i didn't slap a bitch...
Posted: Dec 9th 2010 10:36AM oxfordfishsalon said
I thought this was ridiculous at first too, but the case has been updated with more details that really swing things in Mr. Washington's favor. Apparently, he drove cars and even lived in a house as well. This looks bad for Take 2.
Posted: Dec 9th 2010 10:37AM Cube said
How old is his nephew? And if he's under 18 then did Michael Washington get permission from his brother/sister to let his nephew play the game?
Posted: Dec 9th 2010 10:38AM Drakkenfyre said
Another guy who wants money. There should be a "Obvious copyright troll" exclusion that lets these get fast-tracked, so they can gt dismissed.
Posted: Dec 9th 2010 11:27AM JasonA said
@Drakkenfyre
There is a fast-track system.
It is called a "Summary Judgment" Motion where a Defendant can bring a Motion in front of a Judge early on in the case and have the Judge review the Plaintiff's claim, deem it to have no reasonable cause of action / no reasonable chance of success, and dismiss the claim.
I suspect this is what will happen in this case.
Hopefully, Take-Two also gets an Order requiring the Defendant to pay a good portion of its legal fees.
Reply
There is a fast-track system.
It is called a "Summary Judgment" Motion where a Defendant can bring a Motion in front of a Judge early on in the case and have the Judge review the Plaintiff's claim, deem it to have no reasonable cause of action / no reasonable chance of success, and dismiss the claim.
I suspect this is what will happen in this case.
Hopefully, Take-Two also gets an Order requiring the Defendant to pay a good portion of its legal fees.
Posted: Dec 9th 2010 11:53AM vidguy said
@Drakkenfyre
Actually, what you are talking about is a Motion to Dismiss, which is called a 12(b)(6) motion at the federal level. It's a quick test to see if the plaintiff's complaint meets the level to even state a claim, assuming they can prove everything in it.
The Summary Judgment stage comes later and is a more in depth examination of the evidence. If the parties agree on the facts of the case, the judge can simply apply the law to rule without a trial.
Reply
Actually, what you are talking about is a Motion to Dismiss, which is called a 12(b)(6) motion at the federal level. It's a quick test to see if the plaintiff's complaint meets the level to even state a claim, assuming they can prove everything in it.
The Summary Judgment stage comes later and is a more in depth examination of the evidence. If the parties agree on the facts of the case, the judge can simply apply the law to rule without a trial.
Posted: Dec 9th 2010 1:56PM Drakkenfyre said
I know there is. I mean one even faster.
It's so obvious that this kind of crap is just a money grab. If stupid lawsuits like this were dismissed even faster, and with a harsher penalty for the plantiff, like payment of all legals fees used by the defendent (which is likely to happen in this case) maybe we would get less copyright trolls.
Reply
It's so obvious that this kind of crap is just a money grab. If stupid lawsuits like this were dismissed even faster, and with a harsher penalty for the plantiff, like payment of all legals fees used by the defendent (which is likely to happen in this case) maybe we would get less copyright trolls.
Posted: Dec 9th 2010 10:47AM butaneko said
Who are you tryin' to get crazy with, ese? Don't you know I'm litigious?
Posted: Dec 9th 2010 10:53AM PlatinumSkeet said
@Guts
You know your a broke rapper when you can't afford to play PS2 game until 2010...
You know your a broke rapper when you can't afford to play PS2 game until 2010...
Posted: Dec 9th 2010 10:58AM jph89 said
I guess you could say he's
**puts on Glasses**
Insane in the Membrane.
YEAHHHHHHHHHHHHHHHHHHH
**puts on Glasses**
Insane in the Membrane.
YEAHHHHHHHHHHHHHHHHHHH
Posted: Dec 9th 2010 11:03AM Im No Hero said
@PlatinumSkeet
Super LOL!
Super LOL!
Posted: Dec 9th 2010 11:17AM Jechtshot78 said
So he has the rights to a young black guy in a tank top riding bikes with his buddies?
Someone get HBO on the phone, they are getting sued as well for The Wire.
Someone get HBO on the phone, they are getting sued as well for The Wire.
Posted: Dec 9th 2010 11:20AM Riley Freeman said
Never heard of "Shagg" but I've heard of Gangstalicious and Thugnificent.
Posted: Dec 9th 2010 11:28AM maver1ck89 said
Why was his nephew playing San Andreas?
Posted: Dec 9th 2010 11:33AM EDZiLLUH said
just checked the update on the suit he also claimed he spent a few years of his life looking for big foot but never found him just heard rumors on it
Posted: Dec 9th 2010 11:39AM vidguy said
Just read the complaint. Unsurprisingly, this suit isn't going very far.
Misappropriation of Likeness
- This claim is dead in the water. The video game character CJ is not a direct copy but has his own background and image. The similarities (eg riding bikes in a gang) aren't close enough to be protectable. Rockstar will have a First Amendment defense based on "transfomative" use - it is free to base a character off a living person if substantial elements are changed. To have a right of publicity claim, the CJ character would have to call to mind this Washington guy.
Copyright Infringement
- Any intellectual property lawyer worth a damn knows that you get a contract before you start sharing ideas with another party that is looking to make a copyrightable work. Washington would be considered a joint author of San Andreas only if he attributed copyrightable material to the work. Simply stating that he used to ride bikes in a gang etc would be facts and not copyrightable. Sorry buddy.
Misappropriation of Likeness
- This claim is dead in the water. The video game character CJ is not a direct copy but has his own background and image. The similarities (eg riding bikes in a gang) aren't close enough to be protectable. Rockstar will have a First Amendment defense based on "transfomative" use - it is free to base a character off a living person if substantial elements are changed. To have a right of publicity claim, the CJ character would have to call to mind this Washington guy.
Copyright Infringement
- Any intellectual property lawyer worth a damn knows that you get a contract before you start sharing ideas with another party that is looking to make a copyrightable work. Washington would be considered a joint author of San Andreas only if he attributed copyrightable material to the work. Simply stating that he used to ride bikes in a gang etc would be facts and not copyrightable. Sorry buddy.
Posted: Dec 9th 2010 11:46AM PR0F3TA said
the comments on this article are priceless
Posted: Dec 9th 2010 11:47AM Chibi Chaingun said
Drug money!
Posted: Dec 9th 2010 11:54AM prodigy69 said
the price of weed must have went up
Posted: Dec 9th 2010 12:24PM Basevi said
Can I get a Derp?
Posted: Dec 9th 2010 12:27PM TushLimbaugh said
Can you imagine the humiliation of not just being in Cypress Hill, but being the BACKUP SINGER FOR CYPRESS HILL?
I know its without merit, but we should take a collection for this man.
This poor, poor man.
I know its without merit, but we should take a collection for this man.
This poor, poor man.
Posted: Dec 9th 2010 12:32PM Cleric said
They should enact a 'stupid law suit' tax on anyone who goes to court over something excessively stupid. Like it shouldn't be enough they waste money on lawyers, I want these kind of people cleaned out.
Posted: Dec 9th 2010 12:50PM Axcalibur said
Hmm, Cyrprus Hill must have a new album coming soon and need some attention.
Posted: Dec 9th 2010 12:55PM cheddar said
funny when you google search michael shagg washington this lawsuit is the only thing that pops up






