Enough is Enough - Take-Two Suing Jack Thompson *UPDATED*

[fitbabits]

By way of Ars Technica (http://arstechnica.com/news.ars/post/20070316-take-two-sues-jack-thompson-over-nuisance-lawsuits.html).

According to a copy of the complaint seen by Ars Technica, Take Two has just about had it with Thompson's threats, lawsuits, retractions, and dismissals. Thompson has, in the past, "brought suit on behalf of the State of Florida, dismissed it, filed again, sought a temporary restraining order, and then failed to pursue that motion," says the complaint. Such lawsuits come at "unpredictable times and under unpredictable circumstances" and can disrupt Take Two's relationships with retailers, who can also get dragged into these battles (Thompson at one point sued Best Buy, Wal-Mart, Target, GameStop, and others in the battle over Bully).

Take Two argues that the lawsuits violate its First Amendment rights to free expression, but it also claims that the suits are so vague as to be unconstitutional. "This unconstitutional vagueness will have a chilling effect on Plaintiff as well as Plaintiff's customers," says the company. "Plaintiff's distributors likely will respond to the uncertainty and fear of penalties by withholding Plaintiff's video games from the public."
I know that we have a "no Jack Thompson" policy here at Evil Avatar, but I think in this case we can (and should) make an exception. Turnabout is fair play, Jackie boy!

Editor's Note - I've added Thompson's response to the end of the thread. It's particularly fitting for a Sunday, I think. - fitbabits

[Winter wolf]

Oh hell yeah it's on now!

[Citizen Philip]

Nelson: HA HA!

Hopefully Take-Two will offer Jack, a sack: a place to keep his teeth.

[Draconis]

Karma.

Sweet Sweet Karma.

[Vadras]

Oh please god... I hope that bastard gets what he deserves.

[Mash]

Hopefully, it will get him to stop messing with the bull, because he's getting the horns.

[Virac]

I hope they are suing to take away his attorney's license, if they can, i hope they dont sue the state of FL, my taxes are high enough as it is.

[Loganrapp]

I wonder if the EFF is going to get in on this somehow.

[Sandman]

http://img.photobucket.com/albums/v444/djsandman/NelsonMuntz.jpg

[MrWonderstuff]

Keep us posted on this please.

[torrefaction]

FUCK. YEAH.

Take him down. I want to see flames.

[mikeohara]

oh yeah ... that motherfucker's gonna get it now!

:D

[fitbabits]

Keep us posted on this please.
I'm digging around right now to see what else I can uncover.

I was recently offered the chance to interview Jack Thompson, but decided against it after consulting with many people. Maybe the offer still stands? ;)

[Cool AN]

Ha ha best describes this.

[Dag-Sabot]

The best defense is a good offence. Wouldn't it be easier to issue a complaint against him and bid to have him disbarred? After all his frivilous lawsuits must be an embarrasement to some regulatory body, somewhere.

[torrefaction]

I'm digging around right now to see what else I can uncover.

I was recently offered the chance to interview Jack Thompson, but decided against it after consulting with many people. Maybe the offer still stands? ;)

Don't!

Give Take Two all the exposure and the high ground here. Let Thompson fight his battles elsewhere.

Ask Take Two for an interview instead, as I'd love to hear their take on it all.

[Gedd]

Good idea, take the fight to him. Entrench him in enough litigation that he won't be able to toss shit into the fan come October when GTA IV comes out.

[Draconis]

Don't!

Give Take Two all the exposure and the high ground here. Let Thompson fight his battles elsewhere.

Ask Take Two for an interview instead, as I'd love to hear their take on it all.


Agreed. Therefore, QFT

[jeffool]

Normally I'm all for equal coverage, but you guys aren't covered by broadcast laws, and quite frankly, he's crazy. He'll have no problem getting on CNN and Fox News if he wants it. Unless the Big Cheese himself thinks you should interview him, I say fuck'im.

[J Arcane]

Aren't there statutes agains malicious filings? I mean, at this point what thompson is doing is basically just harrassment. I'm surprise his filings aren't immediately rejected by now.

[cppcrusader]

I'm digging around right now to see what else I can uncover.

I was recently offered the chance to interview Jack Thompson, but decided against it after consulting with many people. Maybe the offer still stands? ;)

The full suit is posted over at Game Politics (http://www.gamepolitics.com). The best info would probably come from there as well. I think passing on that interview is a good idea. The man is only civil when it suits his needs.

[Incidence]

The best defense is a good offence. Wouldn't it be easier to issue a complaint against him and bid to have him disbarred? After all his frivilous lawsuits must be an embarrasement to some regulatory body, somewhere.

There was already am attempt to disbar him a few years ago, the Florida Bar was going to take his license away for one of his crazy ass stunts or another and in response he sued the Florida Bar and they backed down.

[Zacharai]

I've seen cases of malicious and frivolous filings, and Mr. Thompson's lawsuits don't rise to the level necessary to deny his right to have his grievances redressed. He's certainly annoying and hotheaded, but it's important in our court of law to take these things seriously (and he's filed things correctly and in a timely fashion, or else they'd be dismissed). Also, Take Two's argument of infringement of their First Amendment rights is absolutely nonsensical.

In short, Mr. Thompson is waging a guerilla war, but it's a legal one, and I just see this as Take Two responding in kind. It won't actually have any effect, except it shows the company standing up for itself.

P.S. "Turnabout"

[Serapth]

What is the website about gaming law? Im sure they have a bunch to say on this topic, but I cant recall the URL.

Nice to see someone abusing the legal system get whats coming to them. I want the RIAA to be next!

NEVERMIND. It was http://gamepolitics.com/ and yes, they have a good topic on this subject up and going.

[fitbabits]

P.S. "Turnabout"
PS - Thanks!

[Serapth]

PS - Thanks!

Why are we whispering?

[fitbabits]

Why are we whispering?
Look above my post!

[Zacharai]

To clarify - the suit by Take-Two is only an attempt to enjoin Mr. Thompson from even trying to get GTAIV or Manhunt 2 banned from Florida stores by using the 'public nuisance' statute (§ 823.05). Thing is, these games aren't even out yet, so they could be subject to the public nuisance statute (albeit extremely unlikely), we don't know yet. Simply based on Thompson's previous actions, Take-Two is anticipating his next action and trying to cut him off at the pass.

I don't see any particular reason to grant their request, but I don't know the intricacies of Florida law. Take-Two's § 1983 argument (deprivation of constitutional rights) as a justification for injunctive relief seems a bit weak.

P.S. You're welcome!

[Serapth]

They are going for legal fees too. Their legal fee's obviously. Plus, they are trying to neuter Jack from being able to pull this shit again.

[TheFlyingOrc]

There's only one man who can successfully take this case:

http://i22.photobucket.com/albums/b350/theflyingorc/wright.jpg

[Phades]

I think they're doing this to keep him busy and quiet while they begin to release details on GTA4.

[KingGorilla]

There's only one man who can successfully take this case:

http://i22.photobucket.com/albums/b350/theflyingorc/wright.jpg
Nay Good Sir, there is another.

http://i.timeinc.net/ew/dynamic/imgs/020606/14546__harvey_l.jpg

[xarmerlyn]

They'll probably ask for a gag order on the whole thing. And keep the case going until past the release of their newest titles. Keeping JT away from the media may be a big bonus, or even the intended result of this filing. Of course then, to get a gag, you need a potential jury pool I think.

Then again. Are there enough whacky people to be considered "peers" of JT in florida?

[Sarconix]

Nay Good Sir, there is another.

http://i.timeinc.net/ew/dynamic/imgs/020606/14546__harvey_l.jpg

Yes! We need a dream team of cartoon lawyers to finally take care of Jack. I would add this fine hyper-chicken to the roster:

http://upload.wikimedia.org/wikipedia/en/thumb/1/11/Hyperchicken.JPG/100px-Hyperchicken.JPG

[TheFlyingOrc]

Yes! We need a dream team of cartoon lawyers to finally take care of Jack. I would add this fine hyper-chicken to the roster:

http://upload.wikimedia.org/wikipedia/en/thumb/1/11/Hyperchicken.JPG/100px-Hyperchicken.JPG

Now I'm just a simple Hyper-Chicken, but what that Thompson boy is doin' just ain't right.

[KingGorilla]

http://upload.wikimedia.org/wikipedia/en/1/1f/Reducto.jpg

SHRINK GUN!

[KingGorilla]

Why are we whispering?
Fitty is hiding from the clowns...oh look I think I see one now.

[Nadreck]

One word: awesome.

They probably could have made a number of other cases against Jack... the fact that they went with the righteous "constitutional" route means they know this is going to be a media circus.

[TheFlyingOrc]

I suggest we not limit ourselves to cartoons.
http://i22.photobucket.com/albums/b350/theflyingorc/matlock.jpg

Edit: Also, the first result when searching for "matlock" on GIS seems to depict oral sex. I guess I missed that episode.

[flinxz]

Maybe this will get him to just go away.

[TheDancinMan]

I stand and I applaud.

+1 Respect

[Chaos Machine]

wouldnt it be ironic if this suit bankrupts him and causes him to be disbarred in the US? much joy would be had if he was forced to work at a gamestop selling me my copy of super columbine massacre rpg!

[OUX]

I would have taken the interview with Jacko the Wacko as the mind of a mentally retarded devil is hard to come by.

[Zeal]

*Dark Helmet voice*

http://www.mactechnews.de/user_images/forum/sonorman_20060408132536_dark-helmet.jpg

SUUUUUUUUUUUEEEEEEEEEEEEEEEEE YOUUUUUUUUUUUUUUUUUUUU!!

[[Jez]]

[phoenix wright]Take That![/phoenix wright]

[Jesse James 27]

Koodos Take Two... it may end up just stiring the pot, but its necessary regardless

[Thenetcase]

Take Two can kick Jack's backside if they want to. :)

[BadCRC]

I hope he'll get Pwned!

[Twigz'N'Berries]

Oh please god... I hope that bastard gets what he deserves.
I'll second that.
I hope they send him into bankruptcy.

[Pluvious]

Its about time they took a stand against this crazy fool. They have a serious case against him.. these games aren't even out in fact, I doubt they're even in beta testing yet.

[fitbabits]

Dear Gamers and Gamer Publications on the Internet and Elsewhere:

I have been praying, literally, that Take-Two and its lawyers would do something so stupid, so arrogant, so dumb, even dumber than what they have to date done, that such a misstep would enable me to destroy Take-Two. With the filing of this SLAPP lawsuit last week, my prayers are finally answered.

This lawsuit, filed in US District Court for the Southern District of Florida, is, without a doubt, the single dumbest thing I have ever seen any lawyers do in my thirty years of practicing law -- while in continuous good standing to do so with The Florida Bar, I might add, the shock radio and video game industry's efforts notwithstanding.

I encourage folks to read Psalm 35, a Psalm of David, which is brilliant in its entirety (since God Himself wrote it), but for those who don't own a Bible or who think their hands will catch on fire if they touch one, here is the salient portion that applies to this lawsuit:

7 For without cause have they hid for me their net in a pit,
which without cause they have digged for my soul.

8 Let destruction come upon him at unawares;
and let his net that he hath hid catch himself:
into that very destruction let him fall.

9 And my soul shall be joyful in the LORD:
it shall rejoice in his salvation.

The pit Take-Two has dug for itself will be patently clear next week when I strike back. Oh, and by the way, the entire Take-Two management and board will be gone on March 23, so this pit-digging comes at a very bad time indeed.

Amen, and Praise be to God Almighty, maker of Heaven, Earth, and yes, the maker even video games.
Oh boy, he's evidently at least one sandwich short of a picnic.

[MaxDuo]

........what? Has he ever even mentioned God or the Bible before?

This man makes me sad. Comparing that to a psalm...


He seems to be a bit arrogant to think he'll respond to this case in a way to get rid of the whole management and board. Perhaps he thinks since he fails at everything else, he could plea to God and on March 23rd the company will explode.

[Schnoogs]

Oh boy, he's evidently at least one sandwich short of a picnic.

Are you sure he wrote that???

[Dr.Finger]

Wow. That man is a special kind top shelf, restaurant quality crazy.

[CapnAJ]

God plays GTA. Just watch the news in the evening to see what he's been upto. ;-)

[Incidence]

I'm not sure thats really Jacky, its been a while since I read any of his press releases but the crazy is normally not so, concentrated.

[Pluvious]

This guy is seriously mental. Bad enough with the lawsuits but now he's quoting the bible?! OMG.

[Sl1pstream]

(since God Himself wrote it)

God also makes some kick-ass pancakes.

Oh, and soup. He also makes great soup. However, I don't recommend his waffles.


Jack is losing, he needs all the support he can get, if that means that he has to get the bible into this, so be it.

[cppcrusader]

........what? Has he ever even mentioned God or the Bible before?


I guess you haven't read much of his dribble that he calls press releases in the past. The man literally thinks he's on a mission from God, and not the good kind that involves putting the band back together and a car chase through a mall.


He seems to be a bit arrogant to think he'll respond to this case in a way to get rid of the whole management and board. Perhaps he thinks since he fails at everything else, he could plea to God and on March 23rd the company will explode.

He's actually referring to the coming shareholder meeting in which a shareholder revolt is expected. The shareholders started buying up a bunch of shares recently and are pissed off about the financial mismanagement that has gone on. It's expected that they'll be firing the majority of the board, of course, in his deluded mind Jack thinks it's all thanks to him.

[Disgustipated]

I don't even know what to say, it's been a long time coming and Jack will come out on the bottom in this battle.

[NeoSuplex]

Awwww, yeah... Now THIS is how you wind down a Spring Break.

[MungMung]

The man literally thinks he's on a mission from God, and not the good kind that involves putting the band back together and a car chase through a mall.

Quoted for Genius

[Sandman]

Oh boy, he's evidently at least one sandwich short of a picnic.

I truly truly hate that man. So now he's bringing the Bible into this? I don't have anything against the good book but I don't like when people use it as a crutch which is clearly what he's doing here. I guess we can add Bible thumper to the list of things that describe Jack Thompson.

[jeffool]

I have been praying, literally, that Take-Two and its lawyers would do something so stupid, so arrogant, so dumb, even dumber than what they have to date done, that such a misstep would enable me to destroy Take-Two. With the filing of this SLAPP lawsuit last week, my prayers are finally answered.

...

7 For without cause have they hid for me their net in a pit,
which without cause they have digged for my soul.Is it just me, or does that seem better fitted against him than Rockstar? And for that matter...8 Let destruction come upon him at unawares;
and let his net that he hath hid catch himself:
into that very destruction let him fall.So does that... Odd.or who think their hands will catch on fire if they touch oneThat part was mighty polite of him, though.

[slink-jadranko]

Erm, what good standing has he been in with the Florida Bar? They wanted rid of him last year!

[IagoTheHunted]

Wow uh... I... I'm not even sure what to say to that JT quote. I always knew he was a simpleminded asshole, but I didn't realize he was actually a garden verity religious fanatic. That quote is just too good... hehehehahahahahaha.

[mikeohara]

I would highly suggest that our Florida EvAv'ers flood the boards of the Florida Law Board with complaints against Mr. Thompson as he's mis-using his office and the people's trust and the community's money in him as a public lawyer and that disbarring him would be the only way the Board can redeem themselves. I also recommend people visiting from other forums that live in the State of Florida contacting the offices of the Florida Law Board and filing complaints. If enough complaints are lodged, they will have to make a decision.

[cppcrusader]

I would highly suggest that our Florida EvAv'ers flood the boards of the Florida Law Board with complaints against Mr. Thompson as he's mis-using his office and the people's trust and the community's money in him as a public lawyer and that disbarring him would be the only way the Board can redeem themselves. I also recommend people visiting from other forums that live in the State of Florida contacting the offices of the Florida Law Board and filing complaints. If enough complaints are lodged, they will have to make a decision.

That wouldn't do anything. You need to have an actual grievance otherwise it's ignored.

[BlackPete]

That didn't take long.

Thompson has counter-sued Take-Two for infringing on his First Amendment rights. Gamespot has the full details on this news.

I just skimmed over the article since I didn't think I could stomach Thompson's bullshit, but I thought I'd link it for anyone who has a stronger stomach ;)

http://www.gamespot.com/news/6167843.html?action=convert&om_clk=latestnews&tag=latestnews;title;0