Latest news with #Koskoff
19-07-2025
Lawyer argues Call of Duty maker can't be held responsible for actions of Uvalde, Texas, shooter
LOS ANGELES -- A lawyer for the maker of the video game Call of Duty argued Friday that a judge should dismiss a lawsuit brought by families of the victims of the Robb Elementary School attack in Uvalde, Texas, saying the contents of the war game are protected by the First Amendment. The families sued Call of Duty maker Activision and Meta Platforms, which owns Instagram, saying that the companies bear responsibility for promoting products used by the teen gunman. Three sets of parents who lost children in the shooting were in the audience at the Los Angeles hearing. Activision lawyer Bethany Kristovich told Superior Court Judge William Highberger that the 'First Amendment bars their claims, period full stop.' 'The issues of gun violence are incredibly difficult,' Kristovich said. 'The evidence in this case is not.' She argued that the case has little chance of prevailing if it continues, because courts have repeatedly held that 'creators of artistic works, whether they be books, music, movies, TV or video games, cannot be held legally liable for the acts of their audience.' The lawsuit, one of many involving Uvalde families, was filed last year on the second anniversary of one of the deadliest school shootings in U.S. history. The gunman killed 19 students and two teachers. Officers finally confronted and shot him after waiting more than an hour to enter the fourth-grade classroom. Kimberly Rubio, whose 10-year-old daughter Lexi was killed in the shooting, was among the parents who came from Texas to Southern California, where Activision is based, for the hearing. 'We traveled all this way, so we need answers,' Rubio said outside the courthouse. "It's our hope that the case will move forward so we can get those answers." Another attorney for the families argued during the hearing that Call of Duty exceeds its First Amendment protections by moving into marketing. 'The basis of our complaint is not the existence of Call of Duty," Katie Mesner-Hage told the judge. "It is using Call of Duty as a platform to market weapons to minors.' The plaintiffs' lawyers showed contracts and correspondence between executives at Activison and gunmakers whose products, they said, are clearly and exactly depicted in the game despite brand names not appearing. Mesner-Hage said the documents show that they actually prefer being unlabeled because 'It helps shield them from the implication that they are marketing guns to minors,' while knowing that players will still identify and seek out the weapons. Kristovich said there is no evidence that the kind of product placement and marketing the plaintiffs are talking about happened in any of the editions of the game the shooter played. The families have also filed a lawsuit against Daniel Defense, which manufactured the AR-style rifle used in the May 24, 2022, shooting. Koskoff argued that a replica of the rifle clearly appears on a splash page for Call of Duty. Koskoff, a Connecticut lawyer, also represented families of nine Sandy Hook Elementary School shooting victims in a lawsuit against gunmaker Remington and got a $73 million lawsuit settlement. He invoked Sandy Hook several times in his arguments, saying the shooters there and in Uvalde shared the same gaming obsession. Koskoff said the Uvalde shooter experienced 'the absorption and the loss of self in Call of Duty.' He said that immersion was so deep that the shooter searched online for how to obtain an armored suit that he didn't know only exists in the game. Koskoff played a clip from Call of Duty Modern Warfare, the game the shooter played, with a first-person shooter gunning down opponents. The shots echoed loudly in the courtroom, and several people in the audience slowly shook their heads. 'Call of Duty is in a class of its own," Koskoff said. Kristovich argued for Activision that the game, despite its vast numbers of players, can be tied to only a few of the many U.S. mass shootings. 'The game is incredibly common. It appears in a scene on 'The Office,'" she said. She added that it is ridiculous to assert that 'this is such a horrible scourge that your honor has to essentially ban it through this lawsuit.' Highberger told the lawyers he was not leaning in either direction before the hearing. He gave no time frame for when he will rule, but a quick decision is not expected. The judge did tell the plaintiffs' lawyers that their description of Activision's actions seemed like deliberate malfeasance, where their lawsuit alleges negligence. He said that was the biggest hurdle they needed to clear. 'Their conduct created a risk of exactly what happened,' Mesner-Hage told him. 'And we represent the people who are exactly the foreseeable victims of that conduct.'
The Hill
18-07-2025
- The Hill
Lawyer argues Call of Duty maker can't be held responsible for actions of Uvalde, Texas, shooter
LOS ANGELES (AP) — A lawyer for the maker of the video game Call of Duty argued Friday that a judge should dismiss a lawsuit brought by families of the victims of the Robb Elementary School attack in Uvalde, Texas, saying the contents of the war game are protected by the First Amendment. The families sued Call of Duty maker Activision and Meta Platforms, which owns Instagram, saying that the companies bear responsibility for products used by the teenage gunman. Three sets of parents who lost children in the shooting were in the audience at the Los Angeles hearing. Activision lawyer Bethany Kristovich told Superior Court Judge William Highberger that the 'First Amendment bars their claims, period full stop.' 'The issues of gun violence are incredibly difficult,' Kristovich said. 'The evidence in this case is not.' She argued that the case has little chance of prevailing if it continues, because courts have repeatedly held that 'creators of artistic works, whether they be books, music, movies, TV or video games, cannot be held legally liable for the acts of their audience.' The lawsuit, one of many involving Uvalde families, was filed last year on the second anniversary of one of the deadliest school shootings in U.S. history. The gunman killed 19 students and two teachers. Officers finally confronted and shot him after waiting more than an hour to enter the fourth-grade classroom. At the hearing, the families' attorney, Josh Koskoff, argued that the game goes beyond artistic representation into marketing weapons to teenagers. He showed contracts and correspondence between executives at Activison and gun makers whose products, he said, are clearly and exactly depicted in the game despite brand names not appearing. 'Likenesses of brands,' Koskoff said, 'whether they are labeled or not, is of great value to Call of Duty.' The families have also filed a lawsuit against Daniel Defense, which manufactured the AR-style rifle used in the May 24, 2022, shooting. Koskoff said the shooter experienced 'the absorption and the loss of self in Call of Duty.' He said that immersion was so deep that the shooter searched online for how to obtain an armored suit that he didn't know only exists in the game. Koskoff played a Call of Duty clip, with a first-person shooter gunning down opponents. The shots echoed loudly in the courtroom, and several people in the audience slowly shook their heads. 'Call of Duty is in a class of its own,' Koskoff said. Family lawyers are expected to argue the First Amendment issues of the Activision case later Friday. The motion for Activision to be dismissed as a defendant is based on California's anti-SLAPP law, or 'strategic lawsuits against public participation.' It is meant to block lawsuits filed to intimidate or silence critics. Highberger asked Kristovich whether it was appropriate for a major company to invoke a statute meant to protect 'the little guy' against a powerful opponent. 'The statute is clear, it does not depend on the court's characterization of big guy, little guy or medium guy,' Kristovich said. 'The First Amendment applies regardless of the size of your pocketbook.' Highberger told the lawyers he wasn't leaning in either direction before the hearing, and it is unlikely he will issue a ruling immediately. The judge did tell the plaintiffs' lawyers that their description of Activision's actions seemed like deliberate malfeasance, where their lawsuit alleges negligence. He said that was the biggest hurdle they needed to clear.
San Francisco Chronicle
18-07-2025
- San Francisco Chronicle
Lawyer argues Call of Duty maker can't be held responsible for actions of Uvalde, Texas, shooter
LOS ANGELES (AP) — A lawyer for the maker of the video game Call of Duty argued Friday that a judge should dismiss a lawsuit brought by families of the victims of the Robb Elementary School attack in Uvalde, Texas, saying the contents of the war game are protected by the First Amendment. The families sued Call of Duty maker Activision and Meta Platforms, which owns Instagram, saying that the companies bear responsibility for products used by the teenage gunman. Three sets of parents who lost children in the shooting were in the audience at the Los Angeles hearing. Activision lawyer Bethany Kristovich told Superior Court Judge William Highberger that the 'First Amendment bars their claims, period full stop.' 'The issues of gun violence are incredibly difficult,' Kristovich said. 'The evidence in this case is not.' She argued that the case has little chance of prevailing if it continues, because courts have repeatedly held that 'creators of artistic works, whether they be books, music, movies, TV or video games, cannot be held legally liable for the acts of their audience.' The lawsuit, one of many involving Uvalde families, was filed last year on the second anniversary of one of the deadliest school shootings in U.S. history. The gunman killed 19 students and two teachers. Officers finally confronted and shot him after waiting more than an hour to enter the fourth-grade classroom. At the hearing, the families' attorney, Josh Koskoff, argued that the game goes beyond artistic representation into marketing weapons to teenagers. He showed contracts and correspondence between executives at Activison and gun makers whose products, he said, are clearly and exactly depicted in the game despite brand names not appearing. 'Likenesses of brands,' Koskoff said, 'whether they are labeled or not, is of great value to Call of Duty." The families have also filed a lawsuit against Daniel Defense, which manufactured the AR-style rifle used in the May 24, 2022, shooting. Koskoff said the shooter experienced 'the absorption and the loss of self in Call of Duty.' He said that immersion was so deep that the shooter searched online for how to obtain an armored suit that he didn't know only exists in the game. Koskoff played a Call of Duty clip, with a first-person shooter gunning down opponents. The shots echoed loudly in the courtroom, and several people in the audience slowly shook their heads. 'Call of Duty is in a class of its own," Koskoff said. Family lawyers are expected to argue the First Amendment issues of the Activision case later Friday. The motion for Activision to be dismissed as a defendant is based on California's anti-SLAPP law, or 'strategic lawsuits against public participation." It is meant to block lawsuits filed to intimidate or silence critics. Highberger asked Kristovich whether it was appropriate for a major company to invoke a statute meant to protect 'the little guy' against a powerful opponent. 'The statute is clear, it does not depend on the court's characterization of big guy, little guy or medium guy,' Kristovich said. 'The First Amendment applies regardless of the size of your pocketbook.' Highberger told the lawyers he wasn't leaning in either direction before the hearing, and it is unlikely he will issue a ruling immediately. The judge did tell the plaintiffs' lawyers that their description of Activision's actions seemed like deliberate malfeasance, where their lawsuit alleges negligence. He said that was the biggest hurdle they needed to clear.
Winnipeg Free Press
18-07-2025
- Winnipeg Free Press
Lawyer argues Call of Duty maker can't be held responsible for actions of Uvalde, Texas, shooter
LOS ANGELES (AP) — A lawyer for the maker of the video game Call of Duty argued Friday that a judge should dismiss a lawsuit brought by families of the victims of the Robb Elementary School attack in Uvalde, Texas, saying the contents of the war game are protected by the First Amendment. The families sued Call of Duty maker Activision and Meta Platforms, which owns Instagram, saying that the companies bear responsibility for products used by the teenage gunman. Three sets of parents who lost children in the shooting were in the audience at the Los Angeles hearing. Activision lawyer Bethany Kristovich told Superior Court Judge William Highberger that the 'First Amendment bars their claims, period full stop.' 'The issues of gun violence are incredibly difficult,' Kristovich said. 'The evidence in this case is not.' She argued that the case has little chance of prevailing if it continues, because courts have repeatedly held that 'creators of artistic works, whether they be books, music, movies, TV or video games, cannot be held legally liable for the acts of their audience.' The lawsuit, one of many involving Uvalde families, was filed last year on the second anniversary of one of the deadliest school shootings in U.S. history. The gunman killed 19 students and two teachers. Officers finally confronted and shot him after waiting more than an hour to enter the fourth-grade classroom. At the hearing, the families' attorney, Josh Koskoff, showed contracts and correspondence between executives at Activison and gun makers whose products, he said, are clearly and exactly depicted in the game despite brand names not appearing. He said the shooter experienced 'the absorption and the loss of self in Call of Duty.' Koskoff said that immersion was so deep that the shooter searched online for how to obtain an armored suit that he didn't know only exists in the game. Monday Mornings The latest local business news and a lookahead to the coming week. Koskoff played a Call of Duty clip, with a first-person shooter gunning down opponents. The shots echoed loudly in the courtroom, and several people in the audience slowly shook their heads. Family lawyers are expected to argue the First Amendment issues of the Activision case later Friday. Highberger told the lawyers he wasn't leaning in either direction before the hearing, and it is unlikely he will issue a ruling immediately. Meta was not involved in this hearing or the motion being argued.
Yahoo
28-05-2025
- General
- Yahoo
Harvard relinquishing early slave photos in settlement with descendants
Harvard University reached a settlement Wednesday with the descendants of enslaved people who had their photos taken by a university professor back in the 1800s. Tamara Lanier, the great-great-great granddaughter of one of the individuals in the photographs, had pressed for the school to give up the pictures in what became a 15-year legal battle, The Associated Press reported. The photos, taken by a Harvard professor for a racist study in 1850, will be moved from the Peabody Museum of Archaeology and Ethnology to the International African American Museum in South Carolina. Joshua Koskoff, Lanier's attorney, told the AP it was an 'unprecedented' legal victory. 'I think it's one of one in American history, because of the combination of unlikely features: to have a case that dates back 175 years, to win control over images dating back that long of enslaved people — that's never happened before,' Koskoff said. In the images, Renty and Delia, enslaved people at a South Carolina plantation, were forced to pose topless and were photographed from several angles. Harvard said it had 'long been eager to place the Zealy Daguerreotypes with another museum or other public institution to put them in the appropriate context and increase access to them for all Americans.' 'This settlement now allows us to move forward towards that goal,' the university added. 'While we are grateful to Ms. Lanier for sparking important conversations about these images, this was a complex situation, particularly since Harvard has not confirmed that Ms. Lanier was related to the individuals in the daguerreotypes.' The Hill has reached out to Harvard and Koskoff for further comment. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
