Florida Judge Has Viewed "Bully" - May Rule This Afternoon

October 13, 2006


( Note: we've bumped this story from last night's coverage.)

Will Miami-Dade Circuit Court Judge Ronald Friedman give Bully a wedgie?

Or will he decide that the game is not a public nuisance under Florida law?

We may know as early as tomorrow  this afternoon. GamePolitics has received another of those terse Jack Thompson e-mails. This one says:

"Judge Friedman has seen the game played with me present, and... he has granted my motion to reconvene the hearing at 1:30pm tomorrow (Friday).  After argument by both sides, he will rule."

Judge Friedman, of course, ordered Take Two officials to show him the game in chambers today at three o'clock on Thurday. Thompson's e-mail is stamped 7:47 PM Thursday, so, taking set up - and slow loads on the PS2 - into account, the judge had at most a little over four hours of watching the action at the game's fictitious Bulworth Academy.
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I have a very bad feeling about this.

Glad Brad got the news to you early. I'm transcribing what happened right now, will have my notes from the trial up in a little bit.

Surely this can only be a good thing? I can't imagine a judge worth his salt ruling against a Teen rated computer game after 4 hours viewing unless he was really someone so withdrawn from modern day culture that he was shocked by it? My guess is after arguements tomorrow it will be thrown out.

Maybe, just maybe, now Jack has had a look at it he might even agree to end the case...



... INCOMING PIG! EVERYONE DUCK!

Is anyone else getting a bad feeling about this? With the statements reported earlier, and only seeing the game for four hours, it could be a rush to judgement. Did the rest of Jack's e-mail seem like gloating? I hope I'm wrong about this.

Hmm, I wonder what the judge is thinking after viewing what im guessing to be the tutorial, and maybe 1 or 2 missions depending on mission length.

I also wonder if he who sent the email Is starting to sweat? Or is just ignoring the downfall of his case while trying to think of a way to bail out of the case and be able to still gripe and moan when it goe's belly up.

But who knows he may just completely luck out and win his case. But that's unlikely.

Now that Thompson's actually seen the game, I'm wondering what his thoughts on it are.


Andrew Eisen

I got a feeling that he saw enough and pretty much went with the first amendment on this one. I just don't see how he could call this game a 'nuisance' when he should be worrying about more important issues. Honestly, Jacko wasted the court's time. Once the judge hands down his ruling, watch for Jack to be majorly pissed.

Even if the judge rules in Jack's favor, there is no way this will survive appeal. However, it will mean the game is off the shelves in Florida for some weeks.

Personally, as tough as it is to do, I think the best thing is simply to wait until we know more before starting to comment. I think trying to guess the Judge's reactions based on how long he probably played the game is just that: Guessing. And I'd rather wait and discuss a decision than argue one way or the other over speculation.

It's a worry that Jack is the one who asked for the case to reconvene tomorrow, either he is going to drop it or he thinks the judge has seen something which will help him otherwise I think he would of wanted the judge to see more of the potentially harmful game.

It's scary, but I could see this going both ways.

The game was looked at for 4 hours, a relativly small time span. This could mean
a) the judge was shocked at what he saw, or
b) he accecpted TT's aguement after seeing the evidence

This will be interesting.

The momment of truth is soon. Will the Judge order this game banned? Or will he tick off Jack Thompson.

Of course, we'll really know for sure if this game was worth arguing over next week when the reviews come out.

My gut tells me that if the judge were choosing to rule against Take Two he would have spent more time viewing the game, to make sure he could not be accused of rushing the choice to ban it.

I would presume a shortened review of the game means that the outcome is obvious one way or another.

i think the worst part of this going in jacks favor would be the fact that he would absolutley never shut up about it. He still touts his 60 minutes appearance....this might actually be on his epitaph.

I think i might want him to lose just as much for that.

“Judge Friedman has seen the game played with me present...."

Why was Jack there? Is it just me, or do these two sound like buddies?

I wonder if Jack was peering over the judge's shoulder... "Look! I think I can almost see a nipple! Ban it! ... They might be able to slam someones head in the locker! Ban it!... I bet there's a mod in here! Hot Tea! Yeah!"

... If nothing else, it would've been interesting to have been there.

I wonder what he's going to give it out of 10...

I think all who where present had to sign a NDA before the viewing was done. And thus is why JBT did not really mention anythin specific on bully.

@dbot

I actually wish I knew how to do engraving ;)



anyways, either way I'm glad Jack thompson's happy, he obviously won't be happy for much longer.

ASSUMING that for the entire time, a maximum of 4 hours the game was played, I'd think Jack was right. but let's remember the way dennis worded it. Just because of WHEN JT fired off the email is a sign there.

I'm willing to bet it's gone opposite of Thompson's desired effect as 3-4 hours isn't really that much to go on for a game, I'm willing to bet Thompson was repimanded in the viewing of the game, and probably after overstepping himself the judge got tired of thompson, and thus will rule to allow bully.

But that's just my bet.

He watched the game being played with Thompson present?! Well, that will certain ensure impartiality...unbelieveable. I really hope that when Take-Two is victorious in this, that they finally slap harassment and nuisance suit charges against JT.

It doesn't matter like its been said before, Any ruling against TT will be thrown out on appeal.

I thought the judge or Thompson said they wanted to spend a thousand hours on this game. They must watch 60 mnutes in .4 seconds.

Out of curiosity, either way that this could go, wouldn't this be something appealed by either side?

If Take Two wins, Jack coudl try an appeal, but it's unlikely it would even be heard. Unless this judge is a real screwloose activist, I can't imagine him ruling against after four hours. I also question why Thompson would be theere. It doesn't seem like standard procedure.

Personally, I think theres to little to go on right now. At best, we can assume that the game was nothing like jack described, and nothing like it's critics thought, as that would be in line with TT's seeming plan.

Otherwise, I have to wonder if jack will keep his word and vouch for the game as he said he would.

After all, if you only watched a move for 15 minutes, could you judge the movie overall? by the same token, for a 100 plus hour game, 4 hours is a fraction of the games overall content.

Ergo, it implies that the game was either nothing like jack claimed, or was so shocking the judge was offended by it, something I find hard to imagine given what appears to be a consious effort by TT to undermine jack and end his crusade.

We shall see.

Regarding Thompson's presence in the judge's chambers.

According to Destructoid, council from both sides were present but neither were allowed to speak.

http://www.destructoid.com/judge-to-take-two-produce-bully-at-3pm-and-il...


Andrew Eisen

Yeah, both sides were allowed to sit in and not speak. I wonder if that's even possible for Jack. I'm willing to bet that at some point he jumped up screaming "Violent connotations! That poor kid got hit with a board duster! Ban it! BAN IT!"

Unfortunately, we could speculate that Jack broke the silence and the judge is throwing him out in contempt, or that the Judge saw the game for it's satirical truth, or was shocked and didn't want to see more or about a hundred other different resolutions. All I know is, the suspense is palpable. Can't wait to hear the decision, win or lose.

This case delivers.

Heart: *Thump* *Thump* *Thump* *Thump*

Thats how I feel about now.

Jack Thompson had to be present. Take Two was supplying the game and the player. It would be a much greater show of bias to close the door on Thompson. After all, he can't very well do his job without access to the evidence...

Tomorrow could be one of the most important days in the history of video games as a creative medium. The fact that the judge was willing to even look at the game sets precedent that a videogame has the possibility to be a nusiance.

Had the judge seen how perposterous (sp?) the very notion of JT's claims, it would have been thrown out of court in ten minutes.

For JT to win tomorrow, regardless of a successful TT appeal, has DIRE consequences for creative freedom in videogames. Prepare for a world in which videogames can ascend no higher than Mario, Spongebob, and Bejeweled. :(

Am I scared? No.
I'm suspicious even more now.

The order was supposedly 100 hours. At most, 4 hours were involved, unless it began before 3pm. Even so, less than 10 hours were involved.
Either the game is completely playable in less than 10 hours, or there is hypocrisy at play, once again.

After all, some of the major complaints against the ESRB is that games are not played COMPLETELY through to determine a rating. Even John Bruce has used such an argument against the ESRB.

Yet here, a game is being judged based on a fraction of the game (most likely). And John Bruce is ok with this, why? Because he believes the judgment is in HIS favor. It's ok if HE or someone who may be biased in HIS favor judges a product based on a fraction of the material. Just as long as it's HIS way of judging, it doesn't have to be complete. If they don't judge in HIS favor, then they are doing it wrong.

Once again, warning lights are flashing. Maybe I'm wrong. Maybe the judge saw the part where the headmaster called the abuse against some students as being "school spirit" and thought "oh heck yeah, I'd do some damage too" and made his decision right then and there. But based on prior acts and attitudes, I seriously doubt it.

So I remain suspicious of this judge's honor and ethics. If I'm wrong, fine and dandy. But I doubt it.

nightwng2000
NW2K Software
Nightwng2000 NW2K Software http://www.facebook.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl

I've seen a lot of people complaining about Thompson being present. Correct me if I'm wrong, but weren't lawyers for both parties allowed to attend the viewing?

Heart: *Thump* *Thump* *Thump* *Thump*

I know how you feel... but if push comes to shove I have a subscription to Gamefly that will come in handy or I could go to blockbuster.

Well, even if it all goes bad, at least I don't live in Florida. Then again, I usually buy used games. Bully might be banned everywhere except Antarctica by the time I get around to it.

Four hours seems about right to get a handle on game ... especially if you have someone who knows the product and can "drive" you where you need to go to see important parts of play.

Would have been nice to be a fly on the wall in that play test chamber ... to see and hear comments ... or the lack of them.

One of the more interesting outcomes would be to see the plaintiff withdraw his own case for lack of merit.

"Heads down again ... that pig is making a second pass!!"

"Tomorrow could be one of the most important days in the history of video games as a creative medium. The fact that the judge was willing to even look at the game sets precedent that a videogame has the possibility to be a nusiance.

Had the judge seen how perposterous (sp?) the very notion of JT’s claims, it would have been thrown out of court in ten minutes.

For JT to win tomorrow, regardless of a successful TT appeal, has DIRE consequences for creative freedom in videogames. Prepare for a world in which videogames can ascend no higher than Mario, Spongebob, and Bejeweled. " -zerodash


Tomorrow is probably gonna be a real big day...this will be a definite victory for either us or jack. It wont be the end of the war, but this is one of the first real battles of the whole situation. I think we shouldnt be so cocky as to think that this definately will go in our favor. Maybe its just me, but i think we should be ready for anything

Does anyone know if this judge has ever seen another video game for comparison...
Seems a bit unfair to claim public nusiance due to its theme/violence unless representative games, that are not in question, have been viewed also

Even if this judge were crazy enough to rule against Rockstar/Take Two, it would basically be instantly overturned on appeal. There's no way this reaches the Pentagon Papers standard for prior restraint.

This case is way more suspenceful then any Battle between Pixelantes and Censorcrats we've seen thus far.

WHAT will his verdict be? Don don don!

If the judge rules in Jack's favor, then I forsee an immediate appeal for injunction to prevent his ruling from taking effect.

If the judge rules against Jack, I will laugh my head off.

Still, four hours doesn't surprise me. I can't imagine there's more to the game that can't be summarized in that span of time. Which is ironic, since as was pointed out, Mr. Thompson is claiming that the ESRB's system is flawed because they don't play the game through. JT's always been a liar and a hypocrite, though. Remember the time when he said he actually wasn't out to destroy Take Two, but only wanted to stop them from publishing violent games?

Four hours standard playing wouldn't be enough, but if R* supplied the game and player, they might well be playing a debug mode or the player knows all the level cheats?

Wow I can't wait to see what'll happen tomorrow. Oh Wait.


Yeah, I can.


He probably saw the loading screen and just said "What. This? This is what all the fuss is about...".

"After all, he can’t very well do his job without access to the evidence…"

Since when? :P I mean hasn't he called out Bully before there was even any real in-game footage and it was all just short trailers?

Now I can see this succeeding at this stage but there is no chance it'll pass at appeal. Its one Judge's decision based on 4 hours, if he hasn't seen a video game played before he might consider it highly violent (like some people did when they saw Tom and Jerry) and rule against it, however there is no way this legally stands up as there is no evidence it is a danger to the public. However I do hope it turns out to be as tame as is it sounds, because if not it means the ESRB have screwed up Royally.

You too aniki21?

This a big day for video games in the Us, and yet most people wouldnt know it.

Here's a reassuring article from the BBC:

http://news.bbc.co.uk/1/hi/technology/6046932.stm

For the sake of journalistic integrity, they don't really talk much about JT, but they give a looot of space to the R* spokesperson. Good ol' Beeb.

You beat me to it Fedule, was just about to post the same link.

Yes, its reassuring to see some media quarters reporting an unbiased and factual account of the game and the court case. "bully 'targetted' in the US" also highlights the fact that it has been singled out by Thompson rather than it standing out as a particularly bad apple.

Of course knowing Jack's record on bitching at Dennis in the past, he will probably claim that the BBC don't have any journalistic credibility for not contacting him for a direct quote on the matter ;)

Hey Dennis, I'm curious. You said the email from thompson was terse. How was the tone of the email. Did sound angry? Or maybe a little jubilant?

4 hours is plenty of time.

How many games are there where you can't work out the general nature and violence of the game in an hour of play?

I've wondering, if Take-Two and Walmart are actually trying to intentionally lose in the Circuit court level, and garuntee the appeal. The useless of the lawyers in this case seems a bit much. It would be kinda risky, but then if they could get Thompson back in front of the Florida Supreme Court they could show Thompson's unhealthy obession with Take-Two and Rockstar, and possibly eliminating him on the legal means.

Not to mention the counter suit to recoup legal fees associated with having to defend the game could potentially bankrupt him.

squigs Says:
October 13th, 2006 at 8:42 am
How many games are there where you can’t work out the general nature and violence of the game in an hour of play?

The difference with a "sandbox" game like Bully is, the game's central plot might not contain any of the really objectionable stuff. Let's face it, it's not Bully's violence that's the real issue here; it's the moral presentation of that violence.

In Grand Theft Auto, you can complete the game without picking up a hooker, having sex with her and then killing her to get your money back. It's rare that you have no choice but to shoot cops in the main missions either - . They're not central to the plot, but it is possible to do it - and it's those "immoral" player choices that cause the most consternation among legislators.

You rarely hear anyone complain about World War II games in which you run around killing every German you see; that's because in the context of history, that's the "right" thing to do.

The context and presentation of violent behaviour is much more important than it's level.
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