Soldier Sues Because He Insists Movie 'Hurt Locker' Must Have Been Based On His Life
from the let's-explain-how-this-works... dept
The fine folks over at The Hollywood Reporter have gotten their hands on the actual complaint (pdf) and explain how Sarver hopes to get around the pesky First Amendment with some creative lawyering:
According to the complaint, before [screenwriter] Boal was embedded with the military, he and Playboy agreed to "ground rules" set by the Department of Defense. One of the rules was that reporters would be restricted in the type of personal information they could report on a service member. Reporters were limited to releasing a member's name and hometown only, and only on the condition the service member had provided consent.This still seems like a huge long shot by someone who feels entitled to something he has no actual legal rights over. Even if the story was completely based on Sarver (and the filmmakers claim that it was a fictional story), it's hard to see any courtroom outcome that leads to him getting a cut of the film, as he's requesting. Of course, it's amusing to note that while he claims the movie was based on him, he's also claiming defamation, in that the movie portrays him in false light (such as in that the character is a bad father). So, wait. Isn't that effectively admitting that the character in the movie is not him and is, indeed, a fictional character? Of course, we did write about one case last year that stunningly found that a fictional character can be libelous, but we're still hoping that was an aberration that won't be repeated.
Was this agreement sufficient to give Sarver a stake in the story and film? He says so. Another claim in the lawsuit is for breach of contract. Another is violation of privacy.