
In the wake of a recent legal threat by Miami attorney Jack Thompson (left), game publisher Take Two Interactive has launched a pre-emptive strike.
With Thompson threatening to file suit to block the release of Grand Theft Auto 4 and Manhunt 2, Take Two has petitioned the United States District Court for the Southern District of Florida for relief.
The software publisher seeks to block Thompson from trying to have the games declared a public nuisance under Florida law. Thompson filed a similar action against Take Two's Bully last October, but a Florida judge rejected Thompson's contention, allowing Bully to be sold by retailers.
In its complaint, Take Two claims the action is necessary because:
Thompson has a history of making multiple threats of legal action, whether substantiated or not, both against (Take Two) as well as the retailers who purchase the video games and offer them for sale to the public. Thompson has made such threats again in connection with Manhunt 2 and GTAIV...
The suit alleges that Thompson's public nuisance tactic violates Take Two's First Amendment rights. Lawyers for the game publisher argue that the Florida statute under which Thompson is seeking to have the games declared as nuisances essentially makes the controversial lawyer "a private attorney general on behalf of the State of Florida."
Take Two is also seeking to recover from Thompson its attorney fees and other costs incurred related to the pending legal action.
For his part, Thompson criticizes the Take Two complaint in a writ filed with the Florida Supreme Court, and rather dubiously takes credit for a recent shareholder revolt which is expected to result in the firing of CEO Paul Eibeler as early as next week. The attorney writes:
So successful has Thompson been in exposing the fraud and criminal conduct of Take-Two on the national stage... that a corporate coup by 46% of Take-Two’s shareholders is set for March 23, which nearly all financial analysts... are predicting will be successful and which will result in the firing of all Take-Two management and the entire board...
Comments
"Take Two is also seeking to recover from Thompson its attorney fees and other costs incurred related to the pending legal action."
Now, given that a win for take two is a pretty sure thing considering thompsons history of attempting these bills, It's concievable that Take two could go to exhorbitent lengths to defeat jack and transfer the cost of such to Jack upon winning.
To the best of my knowledge, Jack isn't part of a partnerhip or lawfirm. as such, all of his money would come from either his wife or a bank loan, niether of which could likely support jack if the cost of the trial shot up to around a few million.
In short, Take two might be able to bankrupt the man in miami.
His wife goes Lorena Bobbitt on his ass, and he is found guilty of atleast being an asshole
I think this is actually the 1st time Thompson made a pre-emptive strike against Take Two due to both games not being out yet or have ESRB ratings. It's also the 1st time TT grew some balls and actually went forth into putting a foot in the proverbial ass of Jacko.
There's been a lot of changes in the industry lately, this being one of them. :)
I wonder if he's listed as a dependent on her insurance?
. . .
Can I be the first to LOL at how oblivious that post is to reality?
Lol, you made my day, that was hilarious. :)
I doubt he will have enough time to counter sue will being sued by everyone. Sue him for being a public nusance. Can u say harassment? Everyone probably can sue Jack Thompson for that. Maybe we can get class action suit on him for harassment. And then sue him again to cease and desist. Then hopefully the florida bar will then drop his license to practice while this is going on.
Oh it would be so nice if this could happen.
Matthew 7:3-5
3"Why do you look at the speck of sawdust in your brother's eye and pay no attention to the plank in your own eye? 4How can you say to your brother, 'Let me take the speck out of your eye,' when all the time there is a plank in your own eye? 5You hypocrite, first take the plank out of your own eye, and then you will see clearly to remove the speck from your brother's eye.
...
For a while, you made me think you were being serious. ^_^ That's funny.
Re F'ed up: Which would then give him the ability to claim the same harrassment that T2 can currently claim against him.
Doesn't this guy ever give up? You'd think he'd be in an asylum by now...
I bet this affected the area of the brain in adults where they are more prone to commit violent acts.
I wonder if he is beating up a hooker in GTA just to get his fustrations out. Therefore causing more stimulation to the violent area of the brain before going on a psycho killing spree.
and with numerous brain scans we have found the area of the brain which we call jack thompson stupidity. Only one person has been found to have active areas of this part of the brain, in which we named this diease after. No other humans have this much stimulation in that part of the brain. Schizophrenia is a close one but not as much as this one. Therefore anyone with stimulation in this area of the brain will be locked up and never seen again.
(if u didnt know thats basically his argument on video games)
Rockstargames, my favorite game publisher, sued that bastard Jack thompson because he was going to declare GTA 4 a public nuisance. Thi s is one of the best birthday gifts ever. I just found out about this. I would be pissed if he got away with it because i preorder GTA4.
:D
This is going to be fun.
A couple of points to make though. Not addressed in the Bully suit (and this is where that judge really dropped the ball) is whether or not the Florida nuisance law applies to "expressive content." Reading the law would simply suggest that it can not be applied to expressive content, nor was it designed to.
Enter Jack Thompson, who has threatened use of this law to further harass Take Two. It makes sense for Take Two to step in and try to get a judge to say this type of behavior isn't allowed under the Florida law. They're also allowed their court fees to be reimbursed.
Thomson has opened himself up to this. His failure to understand the nature of the Florida nuisance law has led to this. He is singling out Take Two / Rock Star in this behavior as he hasn't tried tried to prevent other M-rated games from being released in Florida. That is the very definition of harassment.
Take Two should not have to send a team of lawyers to Florida every time some knucklehead attorney thinks a game falls under the public nuisance law there.
yeah, I think you've got the right call on this one. TT might succeed in getting an injunction against the use of the Florida nuiscance laws against first amendment protected items (games), but I would be surprised to see them awarded costs for something Jack hasn't done yet. Part of a preemptive injunction is that it's preemptive, ie nothings been done yet. Sure, Jack did alot of stuff in the past, but the place to ask for that money was at those trials.
Number of Violent Crimes per 100,000 people in the US since 1991
correlated with game console releases in the US.
1991 758.1 (Super NES)
1992 757.5 (Turbo Duo)
1993 746.8 (Jaguar)
1994 713.6
1995 684.5 (PS1, Saturn)
1996 636.6 (N64)
1997 611.0
1998 566.4
1999 523.0 (GameCube, Dreamcast)
2000 506.5 (PS2)
2001 504.5 (Xbox)
2002 494.4
2003 475.8
2004 463.2
2005 469.2 (Xbox 360)
what with this and the other cases against JT that are coming up I think this is going to be a bad year for Mr Thompson and I shall be laughing my ass off when he finally does get his just deserts
I certainly don't like the idea that they could prevent him from doing something that he may not actually be planning to do (unlikely, I know, but I stand by the point) and then charge him for it.
That is not how costs work.
There are 2 kinds of costs awards. One based on a rather outdated fee listing and the other based on what a the client has actually paid. Neither of these have anything to do with the actual bill accumulated by the client. Think of it as getting some sort of a discount.
However, all costs have to be 'reasonable' for the action. Things like rediculous costs (hiring 28 lawyers) will not be awarded by the court. Then again, if the losing party was exceptionally unreasonable (delaying, not producing proper documents, wasting court's time...) then the cost award will increase.
Yes, he always writes his Press Releases in 3rd Person. The reason is obvious. Most people don't bother to find out the name of the author when reading news items, so they assume that it is a factual 'News' report, not just Thomspon blowing hot air about himself.
its interesting to see just how quickly jack's world is falling apart, he has to be worried about this even if he still acts like he is king of the world
With just cause though, it's allowed. And seeing as he's bombarded them with tons of frivolous lawsuits, the court could be persuaded to at least put some restraints on what he can file against them.
They've tailored their complaint pretty narrowly too, to only limit his ability to file "public nuisance" suits against them in the state of Florida. They can also argue that his threat of a lawsuit plus his history is enough proof that he was fully intending to file one anyway, so that's why they have to do this.
Now then, I'm in favor of a pre-emptive lawsuit. TT has all the evidence it needs to prove that Thompson is engaging in a personal vedetta against the company, and had filed lawsuit after lawsuit in an attempt to bully them (ha!) into doing what he cannot compel them to by drafting laws. Thompson himself has admitted as much, and has in fact bragged about dragging them into court. He considers it a personal victory, even when the court turns his suit down.
I doubt that the court would award court fees, but I can certainly see them ordering Thompson to refrain from filing lawsuits in a Florida courtroom for a while...
As I understand it, this is Take 2 suing on behalf of Rockstar's First Amendment rights, so, to be honest, the managerial status of Take 2 is moved even further back in relevance.
It doesn't make since to me. As for T2's action I applaud them. All his bogus lawsuits and Bills have been based around T2 and R* I think he was just burned because a nephew of his kicked his butt in a T2 game.
I don't know, I'm no lawyer.
Sorry, I couldn't resist. This is going to be very interesting.
Unfortunately, Thompson is protected by the same First Amendment.
Seems they're fighting fire with fire, with a legal team to back it up I bet.
What can they get from him? Can he get disbarred through this?
On one hand, I think Take Two's "preemptive strike" might work since Thompson's case against Bully resulted in him having to show cause for why he should not be held in contempt of court (still no resolution on that, I think... speaking of which, doesn't the Florida Supreme Court still have to rule on his misconduct complaints?). On the other hand, Bully deserved its "T" rating (instead of "M") and some stupid judge might determine that GTAIV, which very well might receive an "AO" rating, is a different matter entirely. Overall though, I see this as one more opportunity for him to get himself disbarred and I hope I see that consequence come to fruition some time this year.
Errr.. This is nothing whatsoever to do with Take Two's financial position, nor the fidelity of its management, what the hell have they got to do with anything? If Paul Eibeler screwed up and gets booted, fine, but if Thomspon thought that would somehow stop everything that Take Two was, long before Eibeler ever joined them, then he is obviously delusional.
So his argument against being stopped from making another two public nuisance lawsuits and wasting money is that the company he is constantly harassing has management issues?
Not an auspicious kick-off for Thompson so far. I don't see this suit being started if Take Two weren't pretty sure of a positive result, they know better than to feed the troll, so I'm not letting Thompson wriggle out of this one just yet.
http://en.wikipedia.org/wiki/Jack_Thompson_%28attorney%29
He's been at it since about 2002 time, and he blames virtually every killing on video games, especially GTA. It's time for him to come to his senses. I sure hope Take 2 and Rockstar win. Mr Thompson is a moron.
You heard me, RIGHT!
Because of him I play lots of video games that are violent (to see how BAD these games are). And then when I don't slaughter 15people a day, I get MAD! I get MAD at these games and JACK for their BROKEN PROMISES! I WANNA BE A PSYCHO BUT DAMNIT THESE GAMES AREN'T DRIVING ME CRAZY!
And that MAKES ME CRAZY! I wanna kill somebody.
I think I should start with THE person that let me down the most. The promise maker of promise makers. The person that said "YOU TOO CAN TURN PSYCHOTIC!".
JACK.
YOUR TIME IS UP.
/starts chainsaw and starts implanted tracking device monitor.
A hunting we will go... a hunting we will go... hi ho the dairy-o a murderous rampage on Jack Thompson we will go.
I'm glad a video game company finally grew some testicles and took action against JT pre-emptively.
HELL YEAH!
hypacritical peice of crap, thats what jack thompson is.
This guy is another over-conservative fear monger. It seems the US breeds them. Videogames don't make people go crazy and kill people. Life does enough of that on it's own(making people crazy).
fight fear-mongering!
Actually, regarding Oblivion, I don't think Jack ever made any mention of Bethesda Softworks in that instance; Oblivion was in fact published by 2K Games, which I believe is owned by Take Two. That's why he went after that over that nude mod.
Try and claim agression on this Jacky boy! :p
We had the same uproar when TV dared to show nudity, violence and various other things deemed nasty or unwholesome. Cinema has been trying for decades to break the barriers of convention. So the liberals win, a watershed is introduced. The parents are the arbiters and enforcers of said watershed. The child demands a TV for their room, and the watershed is defeated, because we cannot tell the kids what to do anymore.
The liberals defeat their own agenda.... again.
I've been playing games on home computers and consoles since 1981. I've seen it all. I've played most of the controversial titles. In Britain, we had a game for the Sinclair ZX Spectrum called Death Wish III, which features MINDLESS violence. The liberals want the title removed from all shelves and a ratings system introduced. Very publicly. The publicity generated for this criminal masterpiece was phenomenal, and the game sold by the shedload!
Liberals 0-1 Games Industry!
I played it when I was 14, and I didn't feel any urge whatsover to kill anyone. Amazing!
Grand Theft Auto for PS1 received an '18' classification in the UK. And rightly so. It featured all the things you shouldn't be allowed to do in real life. It was also funny and very tongue in cheek. And, surprisingly, it was aimed squarely at a generation of games palyers who had reached the age of consent. New Adults. People with the right to choose for themselves.
By this time, I'm 28, and responsible, and gainfully employed, with no vices other than Nicotine and Alcohol. Did the game make me want to steal cars and gun people down? Nope.
I'm sick to the back teeth of people like Jack 'Holier than Thou' Thompson. I agree with him in so many ways; video games rating, criminal charges against those whole sell illicit games to minors, etc. But I have to say this: Videogaming is here to stay. Videogaming is a viable entertainment media.
The people who revolt against this new media have never played, or if they have tried to play, are frustrated at their shabby hand-eye co-ordination, or their lack of problem solving skills, or their inability to think strategically. Worst of all, they appear to have no truck with videogaming as a media because they fail to see the possibilities and are impervious to FUN!!!
Rant made off!
Good Afternoon.
this guy is so anoying its the gameretailers responsability to sell the games to people of legal ag and not the game publishers... and they are trying...
-Auto
I completely forgot about the Sims and Oblivion attacks. But did he actually file a suit against them? I don't recall it if he did. Or maybe he just didn't fall through with it like Take Two says in their complaint (it says he has a history of dismissing suits weeks after he initiates them; Page 6, Paragraph 23).
You have a very good point there. For a moment, I was wondering if it was in fact the new board doing this to Thompson. Apparently, the previous board never would've done that.
"Thompson has a history of making multiple threats of legal action, whether substantiated or not,"
When has he filed a substantiated claim?
It's good to have you back. I loved reading your discussions with Yuki. Those where aways intresting comments and thought provoking as well as your sarcasim.
Thank God I ain't.
Which Jack has done, numerous times.
"Only one problem with your idea. There are no other companies that could sue him! He really only attack Take Two and Rockstar. Ever heard of Jack attacking Eidos, Naughty Dog (even if just based on the name), Square-Enix or any other company? He literally attacks Take Two exclusively. They really do have a harrassement case against him."
Actually, Jack has also attacked Bethesda softworks and EA games over a nude mod that was made for Oblivion and over The Sims because users had made pornographic content, so there are at least two other companies
@Forbes Buck
Actually, he claimed it was satire, which I think is worse ,since it makes it seem like he thinks charities are a joke. And Gabe and Tycho make millions with their own charity, Child's Play, so ten grand was likely pocket change compared to what they give, and odds are Jack wants Child's play shut down too.
Please!
PLEASE!
How ya been? :D
Surely I'm not the only one who's noticed this?
yaaaaaaaaaa
Lol its good to see a bunch of new people here and im sure i'll get to know all the newbies and as soon as i can make my new screen name on the forum i'll be posting on there too since i cant use hilaryduffgta anymore cause i dont have the password so you will see me on as.......
AshleyTisdaleGta
It won't do him any good, since this would undoubtedly get the backing of the shareholders, no holder is going to vote in favour of someone who costs them money by trying to destroy their products' market place acceptability.
So this probably won't bankrupt Jack, but at least it will sting him. Maybe after getting sued by a company, the people follish enough to listen to his garbage and lies will finally stop. By the way, whatever did happen to the other cases against him?
@ James
Only one problem with your idea. There are no other companies that could sue him! He really only attack Take Two and Rockstar. Ever heard of Jack attacking Eidos, Naughty Dog (even if just based on the name), Square-Enix or any other company? He literally attacks Take Two exclusively. They really do have a harrassement case against him.
Thompson got a taste of his own medicine.
wow... the grammar in that post was horrible!
The point that T2 is doing now is to show that that precedent is dangerous. That JT can basically go and declare any game (I'm sure he would have wanted The Sims as well) a public nuisance because they allowed the Bully case to go to court. Thereby wasting taxpayer money, people's time, and basically that JT has hijacked the florida legal system for his own publicity stunts.
JT: Your honor, I would like to stop Take Two from releasing GTA4 into stores.
Judge: And when is that?
JT: According to this magazine rumor article, third quarter of 2008
If that's possible is there anyway we can do this against Uwe Boll before he releases those three movies on games very few people liked or played. (Honestly, does anyone even know what Dungeon Siege is about?) Or maybe we can get Jack to go after Uwe Boll in a legal boxing match! No matter the out come we all win!
If I thought this was some sort of attempt to actually 'hurt' Thompson, I would probably be having serious doubts, but it's not, it's about stopping Thompson from doing what he did with Bully, which made retailers like Dixons refuse to stock the game, because they were too bloody ignorant to check the facts. That, in effect, hurt the effectiveness of Bully, though not enough to make it unprofitable, but just enough to allow to vicious misconceptions to be spread around.
Everyone remember, even after his court case against Bully failed, he still managed to junk mail local stockists with a legal-looking document stating that Bully had Homosexual Sex taking place in it. Frankly, what Thompson is doing is a deliberate and malicious smear campaign, and he's stooped incredibly low in order to achieve his 'high' ideals, as they say, actions speak louder than words.
So frankly, yes, I want to see this succeed and I want to see brakes put on Thompson's current strategy of vexatious litigation.
Video games & tv don't kill people, people kill people.
People have always killed people.
1920 it was jazz music
1930 comic books
1940 germans (it was true for once)
1950 elvis while on stage moved his hips in a provocotive manner (gasp)
1960 jimi hendrix
1970 computers
1980 kiss (the band)
1990 rap music
2000 video games
my what a crap world some people try to make
my point is every generation seems to blame everything on some form of popular media so no one has to claim responsibility for thier kids actions
heres a fun fact they tried to ban centerpiede for its violence
Violence has been around since the dawn of mankind, and before probably(dinosaurs don't look overly friendly), so please explain to me how an invention of the last 30 years is responsible for millions of years of violence?
In fact, explain to me why the last 30 years, could actually be considered the least violent times in the history of man? In the terms of the violence of all previous generations, the world is actually quite stable, and has very low rates of violence, when compared to times in history were the entire planet was basically engulfed in a war.. (Holy wars, World Wars, etc, etc..)
Video games are in no way responsible for the violent acts people carry out, they have been doing these things since before rap/metal music, television, and video games existed, or anything else for that matter..
People are by nature violent, most of us fight these urges, some of can't, or don't, or whatever, and when they do commit these acts, and get caught, they try to blame something else, it was tv, or games, or the voices in my head...
As for sex in games, well, tough, the games were for 17+ and up, I have seen just as much sex and nudity in R rated(17+) movies, nobody seems to mind that, and besides, sex is natural what are you so afraid of, I am sure that these 17+ years olds have had sex, not to mention they see nudity every time they get undressed,..
I agree little children should not be purposefully exposed to such, but seventeen is hardly a child, and the package clearly states that its not for children...
Ignoring this fact, lets say that they somehow missed the "Mature 17+" bit, well, there's a girl who is obviously very slutty showing cleavage, and licking her lips on the cover, a picture of thugs doing a drive-by, a police helicopter, gee, let me think, does this look like something I should buy for my child.. NOOOOOO!!! Of course not, are you stupid, so I fail to see the problem here..
Any one with half a fucking brain, can see this is all bullshit, and Jack Thompson is a fucking asshole, I mean he claims Christian, but supports murderers, then says Rockstar is bad for depicting violence, they're not the ones helping murders get lesser sentences by claiming "The video game made me do it!", now are they..
So who is the real asshole, the guys making games, ie, fantasy violence, or the guy thats helping the real criminals by making this an acceptable excuse in court rooms..
If that's not an order to kill based on bull reasons, I don't know what is.
now, to find more sources and finish my research paper on how video games are only good for society.
Ah well, good call on T2's part, win one for teh Gipper :D
@Gil:
Indeed. If he didn't sue them every time an M-rated game was announced (Which, last I checked was not, in fact illegal) maybe he wouldn't be in this mess?
@Ashla:
Sucks to be him, I guess...
OLD NEWS..... OLD NEWS.... NOT A NEW STORY !!!!!!!!!!!!!!!!!!!!!!!!
March 2007. For example:
http://plaza.fi/edome/uutiset/jack-thompson-ja-take-two-taas-tukkanuotta...
Case of blind copying of Kotaku, I see :)
"your sentenced to 4 hours in rehabilitation" lol i would love to see him hit by a giant lawn mower or some shit
He should have stayed at home. Nothing bad coud have happened there, he could have even enjoyed a game of online poker, win your money in a fair way. I hope he gets what he deserves.