April 19, 2007
They didn't exactly kiss and make up, but Grand Theft Auto publisher Take Two Interactive and anti-game attorney Jack Thompson have apparently reached settlement on a pair of pending legal actions in Florida.One immediate result is that Thompson will no longer have to worry about being jailed for contempt of court in regard to last October's Bully case.
GamePolitics readers may recall that Take Two filed suit against Thomspon in a Florida federal court last month. T2's action was primarily based upon Thompson's threats to sue to block sales of upcoming Rockstar games Manhunt 2 and Grand Theft Auto IV.
Thompson promptly filed a countersuit whch was highlighted by charges that Take Two violated federal racketeering (RICO) statutes. The controversial attorney also accused several prominent game media outlets (including GamePolitics) of participating in a vast conspiracy against him. However, as reported by GamePolitics, an amended complaint subsequently filed by Thompson quietly dropped the RICO allegations
In the settlement, filed with Federal District Court Judge Cecilia Altonaga, Thompson has agreed that he:
1.) will not sue or threaten to sue to block sale or distribution of any game published by Take Two or its subsidiaries (i.e., Rockstar).
2.) will not communicate to Take Two or anyone doing business with T2 (like, say Wal-Mart) any accusation that the company committed any wrongdoing by selling its games. Thompson is not restricted from criticizing the content of T2 games, nor is he prevented from acting as counsel in lawsuits brought against Take Two by other parties
3.) will make any future contacts with T2 through its attorneys
For its part Take Two has agreed to dismiss the federal lawsuit and Thompson will drop his counterclaim. T2 has also agreed to drop the Bully contempt of court matter. There was to have been a hearing on the case tomorrow morning, and Thompson could potentially have been jailed if he were found to be in contempt by a Miami-Dade County judge.
Read all of the settlement legalese here.
Comments
No, this settlement does NOT prove jack guilty. In fact, there is a section that specifically exhonorates both parties of guilt.
At a first reading, this is a somewhat crushing defeat for JT, and I have to wonder why he signed it. Perhaps the fear of prison was enough for him to think straight?
My concern is this: Jack might, at some point later down the line, break this contract (which, after all, is what a settlement agreement really is), continue his verbal and written assaults on T2's ability to release its products, and then claim that this contract is void for public policy, as it impinges on his personal First Amendment rights and his right to petition the government for a redress of grievances. He tried a similar tactic in one of his many cases against Norm Kent, Beasley Broadcasting, and the rest of the radio folk with whom he's constantly sparred. There was some settlement agreement in place that said something to the effect of Jack cannot complain to law enforcement about these guys' on-air shenanigans (I can't remember off the top of my head; I'll look it up later). In one of his more recent suits, he claimed that this agreement was void as against public policy because he couldn't engage in a citizens' duty of reporting crimes (or some other BS).
That being said, I think Jack realizes that he's got a couple of bigger fish to fry (or rather, that he's about to BE fried by much bigger fish): obviously, he's got two rather nasty Bar cases for which he needs to button down (as can be seen from the Florida Supreme Court's docket in Case No. SC07-80), and also, he and his lil' team are facing a massive dismissal hearing in the Posey case here in Albuquerque in June. In sum, great day for T2, not so much for Laddy Jack (especially after Chris Matthews basically handed Jack his *ss, much in the same way as ABC's guy did in that little Nightline piece a while back).
Right now, Jack has a choice on his hands: He can either surrender his crusade against T2 to keep his job, thus rendering all of his previous effort wasted. Or he can keep going, but very likely loose his job in the process. He can't have both, and since he needs both for his precious crusade, either path he takes ultimately ends with him the looser.
Trapped in a situation of despair, with no way out save to choose how you want to destroy yourself. Welcome to hell, Jack.
nightwng2000
NW2K Software
And as a side note... you mean Gamepolitics isn't part of a grand video game conspiracy of racketeering? Awww.
Basically, we found what could potentially be an Achilles heel. Well, that's my opinion on it.
It's a starting point, as this settlement is, in effect, a contract, meaning that if Jacky Boy violates the settlement, Take-Two can take him back to court.
I like the outcome, because it proves that JT was guilty.
There are two reasons that people settle disputes out of court. One, they know that no matter how innocent they are they cannot afford the costs of battling it in court so they cut there losses and settle. Two, they know they are guilty and know that they can avoid a much larger penalty by settling out of court.
JT falls under number two. He was guilty and knew that if he went to court, he would have to pay large amounts of money to T2 and he could possibly go to jail. So he decided to voluntarily shut up for the time being. So I am glad, because now he cannot go and sue T2 whenever he wants, but if in the off chance that someone hires hm for a lawsuit against T2 he can accept. So he will never be in another lawsuit against T2.
This is like a mosquito on the arm of a person, the person raises their hand to swat it, but lets it fly away just in time. The mosquito (if it's smart) knows not to go and bother the giant that nearly destroyed it again.
Perhaps it will make him see them as more reasonable, they could have caused irreperable damage to his career (well, less than he has done on his own), but decided not to, as all they want is to be free to create and distribute their games without things getting nasty.
As far as I know, there is still the matter of 2 other complaints against him (the one about 5 counts of unprofessional behaviour, and the complaint by the "Bully" judge.). These complaints are entirely due to his un-professional behaviour and he deserves the consequences, but I believe Take Two definitely came out of this looking better for not chasing him down.
It may be the new management installed after the shareholders had enough that had something to do with it. Faced with trying to rebuild a company's tarnished reputation, it looks better to say "Now go away and leave us alone" then it would be to have tried to push for disbarrment. All Thompson would have to do then is cry and spread the story how this heartless corporation took his means of support away from him to make them look bad.
"They took his means of support away? You mean they kidnapped his wife?" BA-DUM-PSSH :)
He can also still persuade states to waste their funding on trying to pass video game legislation. He can still do everything he's been doing the past few years w/o worry.
This is a huge disappointment. I'd rather see him pay for some of the money he's convinced other states to pay for.
I'm with you guys, I wanted to see Jacko behind bars for the contempt charge, but this settlement was exactly what T2 wanted in the first place, with less hassle than they bargained for initially. Good show, T2 leadership & lawyers - way to be the bigger man! :)
http://kotaku.com/gaming/hardball/clip-jack-thompson-gets-hardballed-253...
That is Jacks position. It is nice to see people taking him to task over it too though and pointing out the inaccuracies, assumptions and the leaps in logic.
I'm also disappointed that T2 didn't follow through. It would have been nice to have a court case against JBT that might give major news outlets cause to ignore the guy, rather than giving him airtime.
So much for that.
But I wonder how he's doing with the Florida Bar?
How can I complain?
And while the Contempt of Court charges have been dropped, he is still facing the Bar complaints. So this is not the end of the matter.
nightwng2000
NW2K Software
it'd have been worth it just to have Thompson brought up on those contempt charges.
Does this extend to making accusations on internet sites and TV stations though is the question? If so, this could be the beginning of the end for him. Only think he has to look forward to now is appearances on Fox "News" as a so-called expert making outrageous claims that prove unsubstantiated.
Great News! Thanks Dennis :)
I am all for children not being able to purchase games but to tell a company you would sue them if they carried a particular game is asinine and a bit over reaching of your media/mass appealing power...
Yes...not a very climatic closing...but who says it is over?
Do we want T2 / R* to waste time with this guy or do we want the whole industry to lay waste to this guy in a line of Roche and Beau(sic)?
That is the climatic end I want...An industry unified in kicking the politickers in the nuts one by one when they treat this industry any different than Hollywood's iindustry