Posted in: Games, Video Games | Tagged: Bethesda Softworks, Dion DiMucci, HRL, zenimax media

Singer Of 'The Wanderer' Is Suing ZeniMax Over The Fallout Live-Action Trailers

Bethesda and ZeniMax are back for another high-profile lawsuit — this time as the defendants. Singer Dion DiMucci is filing a lawsuit against Bethesda Softworks' parent company, ZeniMax, for the way his song The Wanderer is portrayed in those Fallout 4 live-action ads. According to Polygon, DiMucci is demanding $1 million in damages and for ZeniMax to remove his song from their commercials.

Polygon obtained California state district court documents, where DiMucci claims ZeniMax did not abide by his terms for the song's portrayal in the ads, which he describes as "repugnant and morally indefensible." According to those court files, DiMucci stance is that the "defendant's commercials were objectionable because they featured repeated homicides in a dark, dystopian landscape, where violence is glorified as sport."

DiMucci believes this clashes with what his song is truly about: isolation and coming of age. Which is fair, but you do have to wonder: did the guy did any research on Fallout before signing the contract? Because he does have a contract with Bethesda and ZeniMax. Fallout has always been about dark, dystopian landscapes and murder. That is the series' hallmark.

In case you want to see the ad in question, it's below, and really doesn't seem all that bad if you had any understanding of the franchise at all.

https://youtu.be/9TL1o_NYDGU

However, the contract agreed by both parties mentions that DiMucci had a right to refuse ZeniMax and Bethesda from using 'The Wandereer' in commercials if he disagreed with how his song was portrayed. Additionally, he was also allowed to bargain with the company about a licensing fee.

According to DiMucci, ZeniMax failed to meet these terms, which is what led him to file suit. The documents also note that if DiMucci had the chance to look over the ads before airing, he would have suggested a change in tone for the commercials so they instead present a "post-apocalyptic struggle for survival without craven violence."

This is definitely going to be an interesting court case, but likely for the wrong reasons. If the contract in question does contain the "moral objection" clause, well, that won't be great for Bethesda and ZeniMax. But whether the argument will hold up in a legal trial is another matter. Moral objection arguments can be difficult to prove. The court of public opinion, however, is an entirely different beast.

And after trying to sell us Skyrim for the eighth time, the chaos surrounding the Prey launch, and their painful reviews process, people may be getting a bit sick of Bethesda. Maybe.

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