ZeniMax Media in FALLOUT 4 Lawsuit Over Ad with “The Wanderer”

D.D. CrowleyGames, NewsLeave a Comment

It’s been years since Fallout 4 was released but it seems there’s no statute of limitations for controversy. It would seem that its use of the song “The Wanderer” by Dion DiMucci and what it was used for is causing the singer to ask ZeniMax Media (a parent company with Bethesda) for a million dollars in damages in a Fallout 4 lawsuit.

If you are familiar with Diamond City Radio or the commercials for Fallout 4, you have heard one of the most famous tracks in its lineup. After “I Don’t Want to Set the World on Fire” by The Ink Spots, “The Wanderer” is synonymous with the dystopian franchise.


DiMucci approved the use of the song for the commercial, however it is the content of which he has the issue with and what’s leading the Fallout 4 lawsuit. According to Polygon, Dion never saw the final cut of the commercial and wasn’t aware of the content. Dion called the ads “repugnant and morally indefensible.”

Per the contract signed by both parties, DiMucci was to have final say on the use “The Wanderer” in its ads as long as he approved the content it was associated with. He never got to approve the final product, nor did ZeniMax Media allegedly comply with the bargaining of a licensing fee.

The official complaint states:

Defendant’s Commercials were objectionable because they featured repeated homicides in a dark, dystopian landscape, where violence is glorified as sport. The killings and physical violence were not to protect innocent life, but instead were repugnant and morally indefensible images designed to appeal to young consumers.

In The Wanderer, Dion gives life to the story of a sad young man who wanders from town to town, not having found himself or the capacity for an enduring relationship. The song describes isolation during coming of age. Without Plaintiff’s consent, Defendants dubbed The Wanderer into commercials in which the protagonist, a wanderer, roams from one location to the next, armed and hunting for victims to slaughter. Defendant’s Commercials have no redeeming value, they simply entice young people to buy a videogame [sic] by glorifying homicide, making the infliction of harm appear appealing, if not also satisfying.

According to the complaint document, had Dion had the opportunity to approve the final product he would have suggested making the ad a “post-apocalyptic struggle for survival without craven violence.”

Fallout 4 lawsuit

Image courtesy of We Share Pics

According to DiMucci, he was never given the ability to approve (or reject) the ad and therefore claims he is entitled damages and the ability to remove the ads from the internet. You can read the complaint document in its entirety on the Polygon website.

Do you think the ad is too violent? Let us know what you think of the Fallout 4 lawsuit in the comments. If you love all things Fallout, check out a special made Pip-Boy game controller here.

Featured image courtesy of Youtube.

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