A video game recently used Boston Red Sox star masher David Ortiz’s likeness. MLB is none too pleased. Per reports, an independent video game developer modified “Fallout 4” to include a character in a Boston Red Sox uniform donning Ortiz’s name on the back. Apparently, that’s not okay.
“The use of these marks is an infringement of our rights. We plan to enforce those rights,” an MLB spokesman barked.
To that, we say, touche’.
But really, isn’t Major League Baseball just making a big deal about nothing? The video game itself is not marketing their product with infringement in mind. This was a choice by an independent developer to enhance the game, which is set in post-apocalyptic Boston.
Said the developer, Richie Branson, “Basically, I think it was the only thing missing from the game. You’ve got Fenway Park, the Green Monster, and all of Boston, but there weren’t any Red Sox jerseys.”
Tough to argue with that.
Branson went on to say that he wouldn’t fight the MLB if the league took the issue to court, and he just felt the patch was a fun addition to a game that was clearly centered in Boston, Massachusetts.
It’s worth noting that Branson isn’t making any money off of the move, either, while it’s not like he’s creating real life custom baseball uniforms and trying to sell them or promote them/himself. He simply added a fun twist to a game.
Branson expressed his surprise that Major League Baseball said anything at all, suggesting that game developers have added patches and new downloads to game for years. The makers of Fallout 4 and numerous games allow it and it’s much in the same vain of a created roster being uploaded into any sports game.
I don’t know about you, but if there is a post-apocalyptic world where Ortiz isn’t running around killing zombies for the betterment of us all, I’m not sure I want to know about it. It remains to be seen whether or not Branson has to pull back on his Fallout 4 enhancement, but it’s interesting to note that the laws of baseball uniforms stretch beyond game day itself.
What’s your take on Branson catching heat for using David Ortiz’s jersey in the video game? Let us know in the comments below!
