BREAKING: Take Two Sues Jack Thompson over Manhunt 2, GTA4

March 16, 2007 -
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

Re: BREAKING: Take Two Sues Jack Thompson over Manhunt 2, ...

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.

[...] You may remember that last month, Take Two filed a suit against Jack Thompson. Basically, they were suing in regards to Thompson's threat to sue to block sales of GTA IV and Manhunt 2. In traditional Thompson fashion, Wacky Jacky filed a countersuit charging that Take Two had violated the federal racketeering laws. In exchange for dropping this suit against Thompson, as well as the contempt charge stemming from the Bully case in Florida, Thompson has agreed to not sue or threaten suits that would block sale or distribution of any Take Two game, not to accuse Take-two or anyone who does business with them of wrongdoing for selling games, and to make any future contact with Take Two through their attorneys. It's not a muzzle, but at least it might shut Wacky Jacky up for a while. [...]

It's about time... i mean who does this guy think's he is??

Guys guys guys, Your missing somthing rather important in all of this:

"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.

i hope jack tompson slips in a puddle of aids and falls on a jagged piece of rusty metal and it penetrates his spincter, thus giving him aids and tetnus, and he will get lockjaw from tetnus which would shut that cunt up untill he succombs to the aids. its a fucking video game you cornholing little poofter. get over it, when a kid plays it, its not like hes gonna get cancer, or liver damage, or be scarred, hes gonna enjoy himself. god forbid that. fuck you jack tompson, i hope your wife cheats on you with don knots. you faggot.

I hope he has a son who is found secret gta addiction,
His wife goes Lorena Bobbitt on his ass, and he is found guilty of atleast being an asshole

Jack Thompson will get what's coming to him, UNFORTUNATELY he only gets whats coming to him FINANCIALLY. If only he got his ass kicked, Thats what he's got coming to him Physically.

Even if all that comes of this is that JT can't sue TT anymore, he'll have to retire. That's literally all he does.

Calm down everyone. Jack has the interest of the American people at hand. He only wants to protect the young and innocent children of the world. Its now time to grow up and appreciate the actions of our leaders and their will to help and promote what is good for this country. Lets all try and be a great Americans.

To see what you desire the most click my name

u suck thompson....u dont deserve life...metal gear 4life!!!

[...] GS - For years, Take-Two Interactive has been on the receiving end of legal actions by gaming violence critic Jack Thompson. Now, though, the publisher is taking a proactive tack in its ongoing dispute with the Florida lawyer. As reported by GamePolitics, Take-Two earlier this week filed a complaint against Thompson, seeking to preempt a repeat of last year’s legal battle to keep the schoolyard action game Bully from being banned in the state. [...]

take two...sweep the leg!

They should use Thompson's wikiquote article as evidence of harassment, he says he's gonna take down Rockstar at least six times there.

As much as I dislike the guy, I really don't want to put him and his family out on the streets. I wouldn't wish that kind of embarrassment on other homeless people, to be associated with his kind.

Who wants to bet that Jack's gonna use the Chewbacca defense, or at least be his own lawyer?

I WOULD PAY MONEY to see this on TV. FOR THE LOVE OF SOMEONE.... PLEASE GET A CAMERA IN THE COURTROOM!!!

Wow this is pretty nuts, I never thought I'd see them fight back. It's about time they did though, JT can talk all he wants but this harrassment and obsession has gone too far.

That's the kind of news everyone can be happy about. Everyone except JT of course.

He's probably happy to be in the news, any news, again. I would be surprised if he wasn't searching furiously for all gaming news pertaining to this, with one hand.

About time.

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. :)

If he's dinged monetarily it will be his wife who pays, but who knows, he might try to declare personal bankruptcy anyway.

I wonder if he's listed as a dependent on her insurance?

@ Steven

. . .

Can I be the first to LOL at how oblivious that post is to reality?

They should have filed suit in Florida state court to have Thompson committed to a mental institution. That would have been a more useful application of the law.

@Steven

Lol, you made my day, that was hilarious. :)
-- If your wiimote goes snicker-snack, check your wrist-strap...

@Knet

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.

Ahhh... My favorite bible verse comes in handy for the situation. I dedicate this verse to the bloodless JT.

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.

@ Steven
...
For a while, you made me think you were being serious. ^_^ That's funny.

It's about time someone counter-sued Thompson. I'm with Take Two all the way on this.

This will be interesting... thou i must wonder what will happen next

[...] So successful has Thompson been in exposing the fraud and criminal conduct of Take-Two on the national stage

Jack has had this coming for quite some time. You can only try to get 1st Amendment protected products declared a public nuisance, have a hand in writing bills ruled as unconstitutional in the courts, and make outrageous claims about games (does "pleasureable vibrations" ring a bell) for so long before T2 said "enough is enough." Push someone long enough and they'll start pushing back.

[...] Gamepolitics.com notes that Take Two has launched a “pre-emptive strike” against Jack Thompson, who has been threatening to sue them to stop the release of GTA 4 and Manhunt 2.  Thompson has always been a bit of a buffoonish figure in the industry, and this lawsuit seems destined for the same fate that most of his others have faced. [...]

Re gamedevguy: Would be funny, however not the wisest of moves. Characters that fall outside the coincidental resemblance to real life persons, especially in such a specific manner, would not be a good bargaining chip to hand over to Thompson.

Re F'ed up: Which would then give him the ability to claim the same harrassment that T2 can currently claim against him.

Harassment charges. Thompson's kryptonite.

Doesn't this guy ever give up? You'd think he'd be in an asylum by now...

@morgan -- if someone threatens you with repetitive frivilous litigation, which Jack did in press releases, you certainly can retrieve legal costs from a filed injunction. It will be interesting to see how this plays out.

[...] Take Two Sues Jack Thompson Filed under: Uncategorized — recar @ 8:47 pm Take Two Sues Jack Thompson Looks like Take Two is trying to stop Jack Thompson from declaring GTA 4 and Manhunt 2 as nuisances.[gaming] [news] [gaming news] [...]

Can you post or link to a PDF of the complaint? I'd also love to see Jack's Answer/Counterclaim.

Dan, where did you get those numbers from?

Keep the pressure on. Constantly sue Jack Thompson because well he will to busy with lawsuits (hopefully) to spam the mass media with his crazy talk.

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)

i hate this guy, hope he goes bankrupt

WOOOOOOOOOOHOOOOOOOOOOOOO Happy birthday to me!!!!
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.

Here's hoping this causes a reverse of what alot of politicians seem to be hoping for, and causes video games to get more protection in other states because of this ruling.

Definitely good to see. I'm not holding my breath for Thompson being disbarred however. Even if he is, he'll just keep getting more vocal. You aren't going to shut someone up like him by just stripping him of his ability to speak in court. I wouldn't be the least bit surprised to suddenly see Mr. Thompson plastered all over FOX, CNN, NBC, and whatever other news network he can get his hands on during a slow news day when and if he actually gets disbarred.

This is going to be interesting, as Thompson is guaranteed to appeal it based on his claims that all Florida judges are biased against him...
-- If your wiimote goes snicker-snack, check your wrist-strap...

:o

:D

This is going to be fun.

@squigs --

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.

@jabrwock

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.

He's been asking for it, and I think he's not gonna like the results. Based on past-precedent, they're going to crush him like an ant.

The only argument you'll ever need against the video-games-cause-violence lie...


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)
 
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