From the old 16-bit days to the current generation of gaming, the quest to make games more realistic has been the golden fleece of just about every developer. Game makers, however, need to slow down as an article in Game Daily warns that lawsuits can arise from this aspect of creative exploration.

The First Amendment has recently been put to the test against laws barring the emulation of people and landmarks for commercial use. Lawsuits have been filed against Sega and Rockstar Entertainment for alleged violations of identities and trademarks. Courts ultimately decided to favor the developers, but not without a heated court debate for each case.

In the litigation involving Rockstar, East L.A. strip club PlayPen complained that the makers of the Grand Theft Auto series depicted a very similar club in a very similar location with a very similar name in one of their titles. The club in the game? The PigPen.

In the same manner, Sega got into a bit of trouble with Kierin Kirby of the 80's pop group Dee-Lite. Kirby claims that the Japanese publisher created a game called Space Channel 5 with a main character that resembled her. The Space Channel 5 heroine, Ulala, has a similar dress motif, hairstyle and dance repertoire to the real-life performer, thus ushering a litigation.

Sega won by the power of freedom of expression. The court ruled that there were substantial differences between Ulala and Kirby in terms of hair arrangement, dresses and body frame, ending the dispute.

Lawyers assured the public that this isn't the last of these cases and offenders will be taken to court whenever the need arises for litigation.