October 13, 2006
GP just had an e-mail from Jack Thompson regarding today's ruling by a Florida court that Bully is not a public nuisance.The decision of Judge Ronald Friedman put an exclamation point on what turned out to be a remarkable week in the ongoing culture war over video game content.
Here's what the controversial attorney had to say:
"Immediately after the non-hearing, which violated his own order to give me a hearing, I filed an emergency petition for a writ of mandamus... asking the Third District to compel production of the game and to give me a real hearing on the TRO (temporary restraining order). The Third District denied it."
"...I am a Christian. I am not charged with winning these battles; I am charged with fighting them. I have done the right thing."
"The BBC itself says this is a game with a lot of violence in it, and what is absolutely absurd is the notion that Take-Two can release this game to major media like the BBC and not thereby waive their right to keep it out of the hands of a plaintiff."
"The judge never viewed the entire game, as he promised he would. He took unsworn testimony from 2 Take-Two employees, with no right by me to cross-examine."
"The judge's spiteful 'production' of the game after the game was released, on 'Tuesday morning' was childish. The judge, then, violated an order to give me a hearing that he signed. He violated his own promise to watch the game to conclusion (he did not), and he denied the TRO with absolutely no idea what a video game is and the expert testimony, which he did not want to hear, as to what the harm would be."
"When kids start showing up in ERs with slingshot wounds at the hands of Bully enthusiasts, don't blame me."
GamePolitics will have more on this later, including copies of legal motions filed by Thompson today.
Comments
“When kids start showing up in ERs with slingshot wounds at the hands of Bully enthusiasts, don’t blame me.”
Im sure kids already show up with wounds from slingshots......
The trailers we have seen do not contain anything that Mr. Thompson decsribes, and we now know that neither does the game. We must all tip our caps to this judge, and his sound decision. This should never have even seen a courtroom, and he seems to have sent Jack packing without delay.
This isn't about being a Christian, it's about finding that next big area of Tort law. This just isn't it, 'ol buddy.
Hang it up.
The First Amendment wins again, thank you, good night all.
~~All Knowledge is Worth Having~~
Note to Jack: Political suicide is NOT the way to win. Maybe you should walk away gracefully without turning around an launching your own 'childish' remarks just because you lost. Grow up, you wimp.
Jeez, can't you take the decision like a man? Seriously, if you're just "charged with fighting" these battles, why get all pissy and childish when they don't go your way? Get over it, stop fligning around accusations of malpractice and actually act like a reasonable, rational human being for once. Destructoid's coverage certainly makes it look like you're capable of it.
I can't help but wonder though, would you be complaining about the judge violating this promise of a hearing if he'd found in favour of your position?
BTW, the only instance of the word "violence" on the BBC's report is "School violence is part and parcel of the game". So very, very, Jack.
Obviously not.
Wow, denied by two courts in one day. That's gotta be a JT record. ;)
Another notch on the belt for the game industry. It's so much fun to watch Jack hang himself by his own rope.
What strikes me as most amusing here is the idea that Jack is accusing the judge of not doing his job, which is to uphold the law. This ignores the fact that Jack really has no such cause, since his job seems to be based on his own desire to take away the rights of parents to raise their own chidren.
If only he would put all of his effort into trying to educate parents on how they can stay informed and make their own decisions, maybe he might actually do some good.
Seems REAL LIFE(tm) doesn't agree with you there, Jack Thompson.
Don't let the door hit your ass on the way out.
Let's ban Dennis the Menace and Bart Simpson too!
‘Tuesday morning’ was childish. The judge, then, violated an order to give me a hearing that he signed. He violated his own promise to watch the game to conclusion (he did not), and he denied the TRO with absolutely no idea what a video game is and the expert testimony, which he did not want to hear, as to what the harm would be.”
*blank look*
I've reread that paragraph 3 times now and am no closer to understanding than I was the first time. It makes no sense whatsoever.
You are absoutley correct! We we wont. 'Cause it won't happen.
- Warren Lewis
Take Two can choose who they do or do not give the game to. Jack doesn't have some mystical right to a copy. He needs either a court order (which he doesn't have), an invitation from Take Two (ditto) or $40 on Tuesday (if he doesn't have it, maybe his son can go buy it in a double-secret-reverse-anti-sting).
Also, the judge said , according to Jack that he wanted the game for "his full review of the game while it is being played, up to or more than 100 hours." Full review does not mean playing 100% of the game. It means seeing it until he believes he's seen enough. Apparently the judge felt, after a couple of hours, that he was satisfied.
Jack's "experts" can also not hope to provide relevant testimony. The effects of games in general are still debated and, with no first-hand knowledge, they can't possibly offer relevant testimony to Bully.
And when kids continue (since slingshots have been around for several thousand years) to show up at ERs with slingshot wounds, I will not blame Jack... unless he shot the kid with his giant slingshot.
This whole thing is a joke. Jack Thompson is a joke. He is the entertainment world's equivalent of an ambulance chaser. He continues to lose lawsuits and make a fool of himself in the public forum.
What's wrong with you Jack? Don't you know when you have lost? Don't you realize that you are the butt of jokes, not only among gamers but even among lawyers?
Your tail is between your legs. Now it's time for you to go home.
How is that a "non-hearing"?
Slingshots, however, are suitable for hunting small game, effective against rats and pigeons. Dangerous ammunition capable of hospital-degree injuries includes steel balls- something you can't sneak past metal detectors. And in any case, that would depend on the slingshot being used and how well it is made- my guess being that a professionally made slingshot could be more effective than a half-assed model made in the woods. Of course, then we'd have to register rubber bands as potentially dangerous weapons.
Redefine defeat as a victory doesn't change the fact that it was a defeat.
"The BBC itself says[...]"
Sorry, "itself"? What does the BBC have to do with it? And they actually said that violence was part and parcel of the game, which doesn't mean what you think it means.
"The judge never viewed the entire game, as he promised he would."
It cannot be done. You cannot view an entire game as you would a movie or read an entire book. Games react to the player. You have as much chance as hearing the entirety of a person's speech.
"The judge’s spiteful ‘production’ of the game after the game was released, on
‘Tuesday morning’ was childish."
He did what you asked^H^H^H^H^Hwhined about.
"He violated his own promise to watch the game to conclusion (he did not)."
Probably can't be done, and wouldn't want to be done either. How much worse could the game get? If you haven't killed anyone by the 20th hour of play, what makes you think it'd be a bloodbath by the 30th?
"He denied the TRO with absolutely no idea what a video game is and the expert testimony, which he did not want to hear, as to what the harm would be."
I've never read more than about three lines of the Bible. However, I know that it is a book and I know roughly what it is about, so I say I'm an expert on it. Dun work like that, boy. You do not know what a computer game is, Jack. You are not an expert on them.
"When kids start showing up in ERs with slingshot wounds at the hands of Bully enthusiasts, don’t blame me."
You seem to be doing a pretty good job of encouraging school violence, you know. You are the one flooding the media with talks of "Columbine simulators" how there are schoolyard violence training tools available for the PS2. Until you came along, people were simply vaguely aware that a game about fighting bullies was coming out. In this email you suggest that people should fire slingshots at each other.
Yes, you do. You talk about it and say it will happen. That's as much "encouragement" as the game Bully could do.
Above all though, you lost. You can't stop people from having fun - harmless fun, at that - but you just keep on trying. That's the funniest thing of all.
Maybe I'm not "popular." Maybe I don't "win cases" or "get things done." Maybe people "send me sex toys" and "make fun of me on online forums." Maybe I'm "homophobic" and "close-minded." Maybe I don't "respect the first amendment" or "tell the truth"...but I'm a Christian, so if you disagree, then you're...how do I put this?..."Satan."
Jack demands to have the game reviewed
Judge does so. 100 hours of the game must be played.
Jack makes request that there be a judgement after 4 hours.
Jack whines because it wasnt' tested enough.
Anyone else here's brain hurting right now....
Jack, for once in your miserable life shut the Hell up and go sulk in a corner somewhere. Face it, man. You LOST!!! You took on 2 Live Crew the EXACT SAME WAY back in the '90s and you lost! You took on video games this time and you lost AGAIN!!! This should tell you something; namely throw in the towel and find another cultural scapegoat. Maybe it will sink in when you get your ass handed to you in New Mexico a few months from now.
And for gods' sake (yes, I used "gods" plural. I've become disgusted with Christianity because of people like you and have turned Pagan. They don't force their beliefs down other people's throats, unlike you), don't try to spin this into a victory. You just can't. It's impossible. Everyone's seen you for what you are now: a demagouge, a bigot, a charlatan and a sham. That you've proved it by showing just how sore a loser you are compounds it.
I'm going to assume you like Bill O'Reilly. Well, to use two of his popular catchphrases on you, "You're out of the box! You're in the no-spin zone!"
Enjoy what's left of your career while you have it, Jack. Both this and the Posey case will finally be what undoes you. Trust me.
You may think you're the good guy, but you're wrong. WE are. And like it or not, the good guys won.
I'll close with what my friend Yuki likes to say, "In what world could you have possibly EVER beaten us?"
That slingshot comment is priceless- and another indicator of his mental illness.
The judge said up to or more than 100 hours, read: any amount of time I deem necessary. The judge (not Jack) decided after a few hours that he was ready to rule. Jack just got a press release out about it... for some reason.
@Rachel
And they tell me that if I keep up these "frivolous" lawsuits, that I'll end up living in a VAN down by THE RIVER!
I celebrated this minor but nonetheless great victory by joining the ECA and pre-ordering GameStop's special edition of Bully. Too bad I missed out on the Wii preorders this morning :(
http://jackthompson.justgotowned.com/
To me, Jack is basically the living embodiment of the PA cartoon of how otherwise normal people sometimes are on the internet.
Every personal account of him tends to describe as a pretty calm, if horribly misinformed and dogmatic person. His TV appearances tend to bear this out. He comes across as pretty normal.
But... when you get into email conversations with him (see: Scott Ramsoomair, PA, etc) or happen to observe him on a message board (like the old LJ version of GP), you get to see the... less pleasant... side of him.
What a load of *is killed via slingshot barrage*
"Pollawunga chumble sprootz. Blahblah yabbadoobydoo eejeemera wonka pow! Jibble jor goonka whackamole."
I hope that clears up any confusion.
Ah yes, "Gabe's Greater Internet Fuckwad Theory"
About the ruling: Yep. Exactly what I predicted. I'm not at all surprised by his comments.
I'm just wondering if maybe I've been missing it or if I'm crazy or what.