The world of video games is changing due in large part to Activision and its acquisition by multinational conglomeration, Microsoft. Only two countries remain in debate over the $68.7 billion deal. When a decision is finally made, Xbox will hold the key to major Activision franchises, such as Crash Bandicoot, Spyro, Call of Duty, and more. Outside of this massive global deal, the publisher has also made recent news for dropping a copyright lawsuit.
SEE: Microsoft Face Two Final Hurdles for Activision Acquisition
After only two weeks of preparation by Activision for a lawsuit against internet influencer and music reviewer, Anthony Fantano, the company has dropped the case. According to a filing in U.S. District Court for the Central District of Californa, Activision was trying to prevent Fantano from claiming the video game publisher had misused a popular audio clip that he created. Although there are no details establishing why the company has decided to drop the case, it chose to do so with prejudice. This means there will be no future opportunity for the claim to return to court, and Activision is giving up the legal fight on this issue.
What Led to the Lawsuit Headed by Activision Against Anthony Fantano?
The audio clip in question dates back to 2021 and is from one of Fantano’s TikTok reaction videos. In the clip, he is watching a piece of pizza being sliced, and says “it’s enough slices.” This audio apparently became very popular on the social platform and various users began to use it. Activision also used the audio for a TikTok related to Crash Bandicoot custom sneakers, and with these three simple words a legal debate ignited.
The company claimed Fantano made the audio free to any TikTok creator who wanted to reuse it on the site. However, the influencer disagreed and sent the company a cease-and-desist looking for a settlement. Although Activision removed the video upon receiving the letter, counsel for Fantano continued to threaten to sue over false implication of endorsement and violation of publicity rights.
Activision alleges this is not the first time Fantano has threatened suit against other entities. In its complaint, the company goes as far to say this is part of a greater “scheme” where the influencer:
“selectively threatens to sue certain users of the Slices Audio unless they pay him extortionate amounts of money.”
He reportedly wanted to acquire a six figure damages reward because of Activision’s infraction, and Fantano’s lawyer claimes other companies has settled in similar amounts for misuse of the audio.
Ultimately, Activision is being watched with a very close eye by those in the economic and video game communities. The company does not want to put themselves at the forefront of any major drama while a multibillion dollar Microsoft deal remains in the balance.
As of now, it is unclear exactly what led Activision to drop its lawsuit. There is no mention of a settlement in the Reuters law report to indicate the company gave into Fantano’s demands. Nevertheless, if the lawsuit were correct in its allegations that Fantano is operating a “scheme” to earn large amount of damages from various entities, the courts will hopefully become involved and put a halt to this behavior.
As TikTok continues to grow, users should not have to worry about copyright violations when using sounds that appear to be free. If Fantano has organized several large settlements, even with big companies that simply want to stay out of court, this is still a concerning development. It could set a very bad precedent for TikTok copyright standards, and others could be inspired to extort money from TikTok users. This is certainly an area of the law that will need to modernize in order to protect the more than one billion active users who regularly visit the app.
What do you think of Activision dropping its lawsuit against the influencer? Do you believe the two parties reached an agreement out of court? Leave a comment and let us know what you think of this situation.
Source: Reuters
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