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
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