(
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.
Comments
Maybe, just maybe, now Jack has had a look at it he might even agree to end the case...
... INCOMING PIG! EVERYONE DUCK!
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.
Andrew Eisen
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.
Of course, we'll really know for sure if this game was worth arguing over next week when the reviews come out.
I would presume a shortened review of the game means that the outcome is obvious one way or another.
I think i might want him to lose just as much for that.
Why was Jack there? Is it just me, or do these two sound like buddies?
... If nothing else, it would've been interesting to have been there.
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.
Out of curiosity, either way that this could go, wouldn't this be something appealed by either side?
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.
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
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.
Thats how I feel about now.
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. :(
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
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.
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!!"
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
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
WHAT will his verdict be? Don don don!
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?
Yeah, I can.
He probably saw the loading screen and just said "What. This? This is what all the fuss is about...".
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?
This a big day for video games in the Us, and yet most people wouldnt know it.
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.
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 ;)
How many games are there where you can't work out the general nature and violence of the game in an hour of play?
Not to mention the counter suit to recoup legal fees associated with having to defend the game could potentially bankrupt him.
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.
Sure you could use the internet, but then where's the fun in that? ;)
If the judgment is in favor of TT, this might also go a long way towards justifying the current rating system. What with all the talk of having to play through the game in its entirety, we'd have a judge on record saying that the ESRB was handed a highly controversial game and using their own methods came to a 'correct' rating. That's quite likely hoping for too much, though, since the judge isn't required to weigh in on whether he thinks the rating's fair - he doesn't have the power to command a ratings change. So he could call the game nonviolent and the rating reasonable; or, he might be silent on the whole matter; or he could find in TT's favor but still find the game reprehensible. That'd be something, no? A judge saying, "This is absolute filth that I wouldn't allow in my house and I'm appalled that it exists... but, the law says you're allowed to peddle it nonetheless."
Every gaming sight has said that the game is not terribly violent, although Thompson tried to convince people that the IGN preview proved the game was as violent as he had been claiming.
n 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.
Too true. I played through Grand Theft Auto and Vice City. I never bothered with the prostitutes (I generally found it easier to find a health icon than a streetwalker), and if the cops came, I generally ran away. Fighting them is completely unproductive.
Admittedly, I have occasionally entered in the all weapons code, the tank code, and/or the citizen riot code and enjoyed the mayhem. I generally got killed by a granny with a rocket launcher long before the police could show up, though.
This game isn't a Columbine simulator, it's more a be-a-good-kid simulator. Yes, there are pranks you can pull, you can beat people up, etc but it's all very reasonable.
Judge will rule in favor of Rockstar hopefully, chastize Jack Thompson for bringing such a frivilous lawsuit.
Jack Thompson loses!
AHAHAHAHAHAHAHAHAHA. Yet another lose for Jackie. Oh well better luck next time chap? Maybe next time you will base a case on, you know, evidence rather than making accusations about a game you knew nothing about because it wasn't released.
Can't wait to hear the full story!
I can't wait to hear the fallout from this. I just hope there aren't too many people hitting F5 every 10 minutes like me going to take down servers ;)
At 1:51, Niero called, saying that the judge will not prohibit the the sale of Bully. In the time that he played the game, the judge said that he did not see anything so violent that would require the game to be held from being shipped. The judge and Take Two employee used a cheat code in order to skip around in the game and play through various parts, including the more graphic portions of the game. The judge said “There’s nothing in the game that you wouldn’t see on TV every night,” and that he “wouldn’t want his kids to play the game, but that shouldn’t mean that the game won’t ship.”
According to Niero, the courthouse got pretty heated, and at one point, the judge had to ask Mr. Thompson to sit down. Thompson felt that Also, Mr. Thompson silenced his “expert witness” when he was going to say something.
That’s the immediate word that I got from Niero. He’ll be back in the office within a half hour or so to update. He’s getting some clarifications. "
I think this is a game that could actually play well with an older audience. I mean, the game apparently features Indian burns and slingshots and wedgies and jocks and greasers and nerds. It sounds a lot more like a stereotypical depiction of a 50s era school than a modern (public) school - in other words, something a judge is more likely to relate to than a "Columbine simulator". Where are the guns and Crips and goths and stabbings?
It wouldn't surprise me if the judge looked at it and said, "This is a like a colour episode of 'Leave It To Beaver.'"
Also, if Rockstar are really on the ball, they'd start by playing through the first mission both ways. That is, as I recall reading, the first mission involves you going to try to save a nerd from some greasers - by either talking your way out of it, or fighting your way out. Hopefully the Rockstar demo player shows the judge both options so that the judge can see that while there can be violence in the game, there doesn't have to be.
With options like that, I'd be really upset if the game gets banned. It honestly sounds like a conceptually brilliant game, regardless of what the final product is like.
v. tr.
To have or possess as property: pwns a chain of restaurants.
To have control over: For a time, enemy planes pwned the skies.
To get shot down, shut up, or in general humiliated: Jack Thompson was recently pwned in a Florida ruling.
Wish I could have seen Laddy Jack flip out.
a) the Judge of having a conflict of interest/loose morals/being a "liberal"; and
b) the TT employee of "purposefully skipping the juicy bits"
"Where are the guns and Crips and ***goths*** and stabbings?"
Assumptions and politically and media hyped stereotypes are not just limited to computer gamers. As a goth myself who holds down a job writing software for a living (in the veterinary industry no less - hardly the stuff of evil), pay taxes, never even had a speeding ticket much less a criminal record, I object to the thoughts that everyone who makes a choice to wear black clothing or listen to music that isn't churned out from a lifeless pop industry is a drop out from society.
I know you probably didn't mean this, and it was probably a throwaway comment on the back of a recent school shooting, but don't forget that the same crap you as a gamer feel strongly against is banded about other cultures and subsets too.
As to (a), he might claim it, but considering the judge apparently said he wouldn't want his kids playing it (anyone know about this judge and how old his kids likely are?), I'd say that would be an uphill battle.
Like I mentioned in the Destructoid comments, I almost wish Jack had played it. If only to see him pitch a fit when he wasn't able to play it properly and/or find all teh vile content that isn't actually there.
From what I read of the Destructoid post, he did pitch a fit, and insisted that HE needed to be able to play the game, not just the judge. The judge told him to shush.
Seriously, I don't know about you guys, but I never used the term "greaser" in my entire high school career. Nor did I ever carry a slingshot with me.
It'll either be
a) A Lawsuit asking to refund legal fees acquired to defend against a frivolous suit
b) Another Florida Bar complaint for attempting to force Prior Restraint
c) A a harassment/liebel suit filed by TT
d) all of the above
Remember, here is Jack’s pattern:
1.Make outrageous claims
2.Repeat claims
3.Lose and/or be proven wrong
4.Claim that he lost because evil people are against him and/or claim he really won.
5. ???
6.Profit!
Not in the slightest. ;) His behavior is par for the course.
Wait... no.
I mean the opposite.. yeah. Totally not surprised.
We are the champions
No time for Thompson
Cause we are the champions.
That song is going to be stuck in my head all day.
I've done Legendary, and D-M-C 2
And the crap games, I've played a few
I've been rung out and lag killed and more, and so have you!!!!
We are the gamers, my friends
and we'll keep on playing, till the end
We are the gamers
We are the gamers
Not time for Jacko
cause we are the gamers
of the world!
I'm not surprised that the real thompson came out in the end. Like I said in another post, if the CNBC segment a month-month and a half back would have been just maybe even 5 minutes longer, his true demeanor would have been out for the entire world to see. Nice-jack is the mask. Takestar/Sony is committing Pearl Harbor 2 jack is the real jack.
YAY for Common Sense!!!