August 31, 2007 -
The legal settlement between Manhunt 2 publisher Take Two Interactive and controversial attorney Jack Thompson continues to erode.In June GamePolitics reported on the first sign of cracks in the April agreement between the parties (see: Take Two-Thompson Settlement Crumbling?). The relationship hasn't gotten any smoother in the interim.
An e-mail exchange between the anti-game activist and Gena Feist, T2's VP and Associate General Counsel, shows that Thompson was warned that the software publisher believed he was violating the terms of settlement. Thompson characterized Take Two's e-mails as "threats", writing:
Take-Two is threatening me because of the exercise of my rights, under our settlement agreement, to criticize the company's practices...
For its part, Take Two declined to comment.
GamePolitics received the following copies of the e-mail exchange from Thompson. For readability and privacy reasons, GP has stripped e-mail addresses, cc's, signatures and the like from the originals.
While they provide a fascinating glimpse into the longstanding struggle between Thompson and Take Two, it's important to remember that there may be additional e-mails which we haven't received. Also, the exchange came to us cut-and-pasted into five e-mails from Thompson, which then had to be re-assembled in proper order. The sequence of time stamps between Thompson and Feist doesn't match up exactly. We're not sure what to make of that, but we've attempted to place the e-mails in what seems to be their correct sequence based on context.
The exchange was triggered by an e-mail Thompson sent to on Monday to Take Two chairman Strauss Zelnick, CEO Ben Feder, the Federal Trade Commission, the Campaign for a Commercial-Free Childhood, an attorney for Blank Rome, and GP.
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From: Jack Thompson
Sent: Monday, August 27, 2007 4:55 PM
Subject: Letter to Take-Two's Strauss Zelnick, Ben Feder Re Manhunt 2
Dear Mr. Zelnick and Mr. Feder:
Congratulations on receiving a "Mature" rating for Manhunt 2. You'll live to regret it (trust me), so enjoy it while you can.
I want to bring to your attention the fact that at www.rockstargames.com anyone of any age can order Manhunt 2 and receive it, with no age verification whatsoever. Asking a 14-year-old if he's 17 is not age verification, now is it?
You also know that the use of a bank card as an age verifier is a violation of all bank card agreements, right?
Govern yourselves accordingly, if you can.
Regards, Jack Thompson
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From: Gena Feist
To: Jack Thompson
Sent: Tuesday, August 28, 2007 2:47 PM
Subject: FW: Letter to Take-Two's Strauss Zelnick, Ben Feder Re Manhunt 2
Mr. Thompson,Your statements regarding our practices are false, as you know or should have known.
The Take Two website verifies age in two ways. First, consumers who purchase M or RP rated games certify that they are at least 17 years of age. Numerous websites use the same method for verifying age in connection with sales of movies and games. Second, we verify age through the use of a credit card number in connection with a transaction. Such transaction based verification is acceptable to both credit card companies and the FTC (see, e.g. http://www.ftc.gov/bcp/conline/pubs/buspubs/coppa.shtm).
We demand that you cease making these false statements about our online sales practices. Your dissemination of knowingly false statements for the purpose of adversely affecting Take-Two's business is actionable and we reserve all of our rights under the settlement agreement and state and federal law.
Not only are your statements clearly false, but they were made in an email publicly disseminated to both the FTC and the press. Please be assured that I am happy to answer any questions you have concerning our practices in a private communications. It is for this very reason that our settlement agreement designates a legal contact for you at Take Two.
If you continue to make false statements to an audience of press and public officials, however, we will have no choice but to take action against you.
Sincerely,
Gena
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From: Jack Thompson
To: Gena Feist (T2 NY)
Sent: Tuesday, August 28, 2007 3:39 PM
Subject: Re: Letter to Take-Two's Strauss Zelnick, Ben Feder Re Manhunt 2
As you should be aware, credit cards cannot be used to verify the age of buyers. Kids have credit cards, and they use parents' credit cards. You have then got to be kidding me.
Take-Two is welcome to use age verification software that is available for on-line alcohol, firearm and other purchases of adult material. Stop lying.
Thanks
Jack Thompson, Attorney
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From: "Gena Feist (T2 NY)"
To: "Jack Thompson"
Sent: Tuesday, August 28, 2007 5:30 PM
Subject: RE: Letter to Take-Two's Strauss Zelnick, Ben Feder Re Manhunt 2
Jack, give it a break. I am happy to answer your questions and correct any misapprehensions that you have but I will not engage in this type of discussion with you. I am not a liar, I didn't threaten you, and I wont get roped into this type of dialogue. Don't bother writing back because I will not answer any further communications along these lines.
------------------------------------
From: Jack Thompson
To: Gena Feist
Sent: Tuesday, August 28, 2007 5:28 PM
Subject: Re: Letter to Take-Two's Strauss Zelnick, Ben Feder Re Manhunt 2
Surely you are not taking the position that I am not allowed to communicate with the government about Take-Two's actions, are you? If you are, then please know that that position renders the agreement unenforceable as a matter of public policy, since the law is settled that no agreement that restricts a citizen's petition rights to the government is enforceable.
Are you seriously suggesting that an agreement that does not restrict me in that fashion does restrict me? Becasue [sic] if you are, then I have a new civil rights claim agains [sic] Take-Two.
Jack Thompson
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From: Gena Feist
To: "Jack Thompson"
Sent: Tuesday, August 28, 2007 5:20 PM
Subject: Re: Letter to Take-Two's Strauss Zelnick, Ben Feder Re Manhunt 2
Jack,
I appreciate that you directed this message to me alone. In regards to your comments below, I understand that you disagree with the use of a credit card transaction as age verification but it is accepted by the FTC and the retail industry as verification of age.
You are on notice that we use two industry and government accepted forms of age verification. Please do not repeat your false claims publicly or make claims that I/the company are lying about this matter.
We entered into the settlement agreement because we did not want to engage in unnecessary litigation with you, but I assure you that we will enforce the terms of the agreement if necessary and that any suit will include a claim for our legal fees under paragraph 11.
Sincerely,
Gena
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From: "Jack Thompson"
To: "Gena Feist (T2 NY)"
Sent: Tuesday, August 28, 2007 6:17 PM
Subject: Re: Letter to Take-Two's Strauss Zelnick, Ben Feder Re Manhunt 2
What is wrong with you? You threaten me with enforcement of the agreement, and I ask you how I have violated it. Are you nuts?
Jack Thompson, Attorney
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For all GamePolitics coverage of the Take Two-Thompson settlement, click here. You can also read the terms of the settlement and decide for yourself who's right.
Comments
Wow, real mature....
petty petty jack
angry hatefilled and childish jack
i could go on.........
But seriously, what did jack hope to gain from sending the emails here? Clearly he knows we know he's a jackass, he doesnt need to prove it, his comments are doing that job for him.
WHile I admire your passion ,thats not the best way to present yourself as being rational. I know i'm not always the sainist voice in the crowd, as Dennis has reminded me of before, but thats going a bit towards the whole "Threat" zone.
Now, that being said, I gotta ask Jack thompson something.
Have you lost your mind?
It's bad enough that you act like an infant most of the time, but now, you have the nerve to start arguing about something that you've been proved wrong on, repeatedly?
Are you crazy? If take two wants to, they could likely bury you and end your legal exsistance, don't go starting another war. You've already got multiple bar complaints against you, your in the middle of multiple legal battles with the bar, now you want take 2 hitting you with another lawsuit?
Does the saying "don't bite of more then you can chew" Come to mind?
Back off jack, before you wind up regretting this.
Gena seems to be articulate, reasonable and level-headed throughout this, whilst Jack comes off as some 15 year old flamer. Madness
Jack, take a break and try to think about what fights to pick, she's explained the legalities to you. Go find someone you can actually scare with your vague and unfounded legal inaccuracies.
Mr. Thompson again I feel, as a Christian myself, that we are mandated to not bear (bare?) false witness.
I fail to understand why you seem to think that its alright to lie and diseminate false information about people you don't agree with. Aren't actions like those the very defintion of false witness?
Point taken. Still, i'd rather say it here than on a post that JT actually reads.
And... hold on, I can edit that picture. You know, put a cowboy hat on him and give him a big red moustache..
Guess your right about that one.
This is his ridiculous method of practicing law (no wonder why he lost all his cases and is being disbarred)
He's kicking at hornet's nests so he can point fingers during his disbarment, fortunately this wont work, and the more he does maybe, just maybe he'll look stupid enough that the general public will at last see him for what he is.
Jack is going down kicking and screaming, but he's going down, and thats what matters.
Bye bye jack! whats next for you? flipping patties at McDonalds?
Please, don't waste ammunition. Slow, painful torture will do.
Certainly, Confidentiality Agreements and Non-Disclosure Agreements are such documents. And formal Gag Orders are also among them as well.
I also wonder if Ms. Feist also knows that John Bruce still sent out copies of those emails, even though he made it appear that he was communicating with her privately. So much for the "Trust Me" bit at the beginning of the tirade.
Nightwng2000
NW2K Software
You know, I really feel sympathy for his family. I wonder how many fights his kids have gotten into because they were teased about dear old dad?
Thank you Jacko for finding the real problems!
But that looks like a pretty nice computer monitor Jack's got there :)
Come on its obvious, jack has a crush on dennis, its typical schoolyard tactics, he keeps coming back hoping dennis will write something nice about him and prove he loved jack the way jack loves him.
If you think his emails are bad, you should see his legal documents, if you haven't already.
Nightwng2000
NW2K Software
Eww.
Okay, we all hate the man, but we don't have to bring his family into it. That's his tactic.
I remember a few of them (made public by Jack himself). Those were a nightmare to decyfer.
Perhaps its an insurance policy of sorts, so that when he gets disbarred (September, right?) he can point to these emails and claim it was TT who did it.
His ability to either fail at reading comprehension, or his apparent blindness to contrary evidence is astounding. If only he was as skilled at truth ...
~~All Knowledge is Worth Having~~
He intentionally sent inflammatory e-mails to Take Two and to members of the media and government hoping that Take Two would take the bait and blindly come out firing with both barrels.
Had Take Two jumped straight into litigation with Thompson, claiming that he violated the terms of their settlement agreement, Thompson would counter-sue them for curtailing his first amendment right to petition the government and would have sought damages.
It's just a legal game, and Thompson is clearly getting frustrated in later e-mails that Take Two isn't biting. That's why he tries more and more desperately to goad her.
I searched "buy guns" on google. The first site I came to, I put a Glock in the shopping cart and clicked "checkout". Then it asked me for shipping address and credit card number.
Unless there's some magical age-verification step just beyond that page that I don't know about, I think it's safe to assume that a credit card IS the age verification, INCLUDING FOR A FIREARM.
Dumbass.
(a cookie to the person who figures out what games I'm talking about)
I particularly like the part where he says "You'll live to regret it (trust me)"; I didn't know real people talked like that, is Jack Thompson a super-villain (it's not the first time he's said that either)? Then later when he goes on the accuse them of threats was kind of like the punch-line.
I can't wait for next week’s episode.
Where is the line, Jack? Be precise please, and explain why it's not the parent's responsability. Also, please be precise why you're singling out video games and not movies, books, television, etc. Finally, explain how any such laws can apply to video games and NOT to the affore-mentioned types of media without violating equal protection. If you can do this without strawman arguments, personal insults, or other argumentative or logical fallacies, you might actually earn some credibility and respect (the respect you have claimed you deserve, but have never given to the gaming community - hypocrite much??)
also... imo, he's not so much a threat to gamers/ game companies any more, most of the people i know look upon hiim as a comic relief act.
@ Jack
Take Two did not threaten you. Judge yourself first. You threatened them. Then they responded saying
"We entered into the settlement agreement because we did not want to engage in unnecessary litigation with you, but I assure you that we will enforce the terms of the agreement if necessary and that any suit will include a claim for our legal fees under paragraph 11."
That is not a threat, that is just following the law...you know...that thing you, as a lawyer have to follow. This however, is a threat:
"You’ll live to regret it (trust me), so enjoy it while you can."
Yeah, quit threatening people, Jack. You're setting a bad example to your kids, whom I guarantee, will eventually see everything you ever wrote to someone. For example... http://en.wikiquote.org/wiki/Jack_Thompson
inb4 Thompson accuses me of having played Doom, of which I have not.
He has no real legal position for the lack of verification, but a conflicting personal point of view and a lawyer should know that. However the personal attacks against a staff member of Take Two shows just how much of a vendetta JT has against Take Two and will use scare tactics and risk breaking contracts to carry that vendetta out.
(This is all assuming the emails are accurate and JT sent them in so if they were editted to make him look more favorable then...just eep)
A painful tug on the leash
The dog learns it's place
Baiting T2 into falling into a legal trap is pathetic, Jack. Take up a normal hobby - you know, fishing, reading novels, playing video games...just do something! I'm honestly getting tired of watching you continually getting shot down.