‘Guy Game’ Sales Halted Over Alleged Underage Nudity

AUSTIN, Texas — A Texas judge has ordered a temporary restraining order against Microsoft Corp., Sony and other companies, prohibiting them from distributing Top Heavy Studios’ “The Guy Game,” after a 17-year-old girl filed a lawsuit claiming that she appeared topless in it.

“The Guy Game,” released on the Xbox and Playstation 2 and recently listed as one of the 10 worst games for children by Illinois Gov. Rod Blagojevich, melds Trivial Pursuit with “Girls Gone Wild” and rewards players who answer questions correctly with footage of “over 60 smokin’ coeds” cavorting topless during Spring Break.

“The Guy Game is the first trivia party game to feature topless nudity,” the game’s creators said. “We consider ourselves pioneers in that respect. Sort of like the Daniel Boone of video games.”

According to a lawsuit filed Monday in Travis County District Court, though, one of the girls is 17 years old, making any consent she may have given for developers to use her picture is virtually worthless and calling into question the legality of the video footage itself.

The plaintiff, identified only as Jane Doe in the lawsuit and filmed while engaging in Spring Break celebrations on South Padre Island, also claims that she has suffered humiliation, embarrassment and shame since the game was released, the lawsuit states.

The lawsuit names Austin companies Top Heavy Studios and Gathering of Developers Inc., along with Sony and Microsoft.

After the lawsuit was filed, a temporary restraining order was granted prohibiting the companies from selling any games that use the plaintiff’s image, voice or name.

“Plaintiff is still a teenager and wishes to attend college, develop her career and be active in her community and church,” the lawsuit said.

Prices for the game on eBay have tripled since the lawsuit was announced.

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