June 28, 2007 -
When Take Two Interactive and Miami anti-game activist Jack Thompson settled their lawsuit back in April, there were those who wondered how long the peace would last.The answer to that question is now clear: Not long.
In recent weeks, Thompson has suggested that Take Two is claiming Thompson's activities surrounding Manhunt 2 may breach the earlier settlement. However the controversial attorney failed to respond to at least two requests by GamePolitics to provide a copy of the letter he says he received from T2.
Thompson has also complained to Florida Attorney General Bill McCollum about the matter. Readers may recall that, in a story broken by GamePolitics, it was Thompson who got McCollum interested in the Manhunt 2 / Wii controller issue.
GP has now uncovered a document added to the federal court record of Thompson and Take Two's earlier settlement. In a June 10th filing, Thompson charged:
Thompson has been sent a letter... by Take-Two’s record counsel herein, Blank Rome, threatening Thompson with all sorts of legal mayhem arising out of his alleged breach of the settlement agreement by virtue of Thompson’s... merely writing a letter to the Governor and the Attorney General of the State of Florida alerting them to an incredibly violent video game called Manhunt 2...
The issue would seem to revolve around what Thompson did or did not agree to in the earlier settlement. On this point, Thompson says he:
Agreed to stop filing suits properly invoking Florida’s public nuisance law... Thompson also agreed to stop contacting directly commercial entities with whom Take-Two does business to persuade them not to sell these adult games to children...
Thompson DID NOT... agree not to contact government officials... no settlement agreement... that prohibits a citizen from contacting any government at any level about anything is enforceable because such a restriction on the First Amendment rights of citizens is contrary to public policy.
Thompson also writes in the court filing that he has filed a complaint against Take Two's attorneys with the Florida Bar over the June 7th letter. He also mentions briefly his impression of the now infamous secret meeting with new T2 chairman Strauss Zelnick (seen in photo at left):
Shortly after the settlement... Strauss Zelnick summoned Thompson to New York for a face-to-face meeting in a multimillion-dollar condo on Central Park West. The purpose of the meeting, as far as Zelnick was concerned, was to send a message to Thompson: “Litigation is war, and we will do whatever we need to do to win.”
GP: Keep in mind that last bit reflects Thompson's opinion of what Zelnick had in mind for the NYC meeting. In any case, the controversial attorney may have some legal room to maneuver. We paid close attention to the terms of the April settlement, and it's not at all clear that Thompson has violated the agreement as written. In particular, this sentence seems to give Thompson's anti-game activism a free pass:
Nothing in this paragraph shall be construed to limit in any way Thompson's right to criticize the content or distribution of any [Take Two] game.
As we reported in our original coverage of the settlement, here's what Thompson agreed to:
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.
3.) will make any future contacts with T2 through its attorneys
Florida attorney Norm Kent, who has litigated frequently against Thompson over the years, believes Take Two's case is weak:
My opinion is the agreement is not as strong as Take Two thinks, or should have been or could have been. I see gaping holes in the settlement terms. And Jack knew that all along. It is his modus operandi.
Comments
Your pitiful little suit against Cler Channel happened 10 years ago. Since then you've been on a sour losing streak. Almost every case you've tried to levy against the industry since has failed.
And your precious win over Manhunt 2? You don't suppose the people at the ESRB have the ability to think for themselves? *gasp* Heaven's no. That would mean somebody accomplished something without your direct, sanctimonious bullshit. The world would just stop on it's axis if people can make decisions from the Mighty Christian Crusader, now wouldn't it?
And one more thing, Jack. If you're going to take the time and effort to lower your standards so much and come talk to us on OUR level, grow up and quit using pathetic little attempts to demean us by calling us kiddies. It's really quite childish.
Tad DeMartelaere, Human Being, And You're Not.
Clyde Wyman Says:
June 30th, 2007 at 1:57 am
I seriously hope that this nutcase goes to jail for a long time. Sorry Jack, but this is for your own good.
Terrible Tom Says:
June 30th, 2007 at 2:40 am
I personally think he belongs to a correctional facility for the mentally insane. And thats from the heart.
Secondly, as to my never winning anything: Howard Stern says I got him off the air. I secured the first decency fines ever levied by the FCC. I got Clear Channel fined $495,000 for the Howard Stern Show.
I successfully argued the First Amendment issues before the GTA trial court in Alabama, and we are set for trial this coming January, as the Alabama Supreme Court agreed with me.
I defeated Dennis McCauley's bar complaint against me that he filed and never told you all about.
And finally, I set out a year ago to stop the distribution of Manhunt 2. I predicted it would not be released, and my efforts helped assure that result. Any subsequent release of the game will not be of Manhunt 2. Call the reconfigured game Cowardice 2.
I never win? I almost never lose, kiddies. Why? Because God, not Hal Halpin, is superintending my efforts.
Jack Thompson, Attorney, and You're Not
No, he just supports his own view of the 1st Amendment. As others here on GP have stated, he probably thinks it applies only to him (and that video games aren't protected because he thinks they're not free speech o.O).
Thats a peculiar change of pace.
Fatality.
Wow, he got Howard off the air? and on to satellite radio where he has an even BIGGER following! and reaches even MORE people! Good Job! continue doing the same for the gaming industry Johnny boy! you sell more games and make game companies more money by your frivolous arguments!
...oh, and by the way, my favorite quotes by you go well together!:
Jack Thompson:
"I have been praying, literally, that Take-Two and its lawyers would do something so stupid... that such a misstep would enable me to -destroy- Take-Two"
Jack Thompson:
"You gamers are such blind hypocrites that you don't see the inconcistency, the juvenile pettiness of --destroying that with which you disagree--"
(for the rest of you if any of you don't know the latter comment was made by him about a signed copy of his booked being offered on ebay to be destroyed)
... nice eh'?
(Keep in mind that this is only my opinion on the facts that I have seen. If TT would be open about this and tell us what he did and how it violates the settlement then I would probably be saying "Get the bastard!" Alas, I do not have all the answers I want.)
"I sign agreements and honor them. That is what I have done here."
AHAHAHAHAHAHAHAHAH!!!!!!!
No no, Jack, don't stop, you got my in stitches!!! That is one of the funniest things you've said.
I mean, you broke the LJ TOS more than 60 times, then you say that you sign and agree to everything. Man, you should do stand up
As for the people who contacted you, do you really think we would care in the slightest that the UK called to pat you on the back, even if it were true? Face it, Massacre Chaser, you're grandstanding, and if you had the slightest sense of self-respect you'd bow out of your fading limelight and let the real people have their credit. The ESRB had Manhunt 2 well in hand before you bothered to poke your bulbous nose into it's hindquarters.
To be short (and give you fodder for that inevitably infantile comeback): Shut your mouth and let the adults talk.
Yours in Opposition,
AgnostoTheo
And Jack, if this whole situation is REALLY that important to you, then why don't you be a good little boy and show us exactly what T2 did wrong, preferrably with a scanned imaged of the letter.
And BTW, if you block Jack by MAC address(es), instead of IP's, you can have him permanently off of here that much quicker. Either that, or he's going to have to use a LOT of PC's to keep posting.
Ahh, the stuff of dreams...kind of like my envisioning of his son growing up to be the next Hal Halpin.
Jack, how is your son these days, anyway? What? Still doesn't like you? Thought so. I'd tell you to worry more about that than games, but you've already stated you don't care, like the sleaze you are.
Firstly, JT has proven himself to be a habitual liar. How can you take anything from someone who lies consistenly seriously?
Secondly, JT is about as qualified to testify on the effects (affects? forget which is the proper one) of violent media on a person as I am to do engine work on a Boeing 747. How can you have absolutely no training or education in any kind of mental health or psychiatric diagnosis/treatment and claim to be an expert in that field? JT was educated (albeit very poorly it seems) as a practicioner of law, not a mental health professional.
Thirdly, it's obvious he has some kind of personal vendetta against Take Two/Rockstar. If this weren't the case shouldn't we have heard about JT's attempts to ban The Godfather on Wii? What about Def Jam:Icon? Or Call of Juarez? Why didn't we hear anything when Red Steel was released (I know it 's rated T, but still)? How come he hasn't tried to stop the re-release of Resident Evil 4 on Wii?
The point I'm making is I'm waiting till I hear from the other side in the story before making any conclusions, since I know already the side we have heard from hasn't been entirely truthful.
JT, there's a reason you were banned from here, and it isn't because we're afraid of you. It's because we were tired of you turning Gamepolitics into your dumping ground for "press releases" and general lies and misinformation.
There's a tried and tested method for dealing with 6 year old babies who throw tantrums because not everyone wants to do what he wants.
I stress for you to understand that you will not win this war. Even if you somehow manage to convince people to prohibit violent games in either the USA or UK I promise you it will be short lived. I'd give it 2 years, 5 tops, in which the law will be struck down as unconstitutional and all your efforts to prohibit violent video games will be nothing more than a headache that we will had to deal with. You, sir, are nothing more than a bump in the road.
So ask your self, is this war really worth fighting? There is NO WAY IN HELL that any lasting law prohibiting any form of media or art will be passed. It failed with art, literature, music and film and it will fail with video games as well. You are fighting a hopeless war that you are destined to lose. You are only treading the same exact path others have before you. I’m sorry to inform you that they all failed in the end and your outcome will not be any different. You’re speeding down a dead-end without any brakes.
Jack Thompson will go down in history as the insane lawyer blaming violent actions on video games without any solid statistics or logic to back it up. Remembered as a delusional fool that would prey upon vulnerable parents, which have lost their children due to tragic violent actions of others, to crusade against the video game industry. You will not be looked upon as responsible, wise or correct. You will certainly not be an individual people will respect. Jack Thompson, I guarantee this with all certainty; you will not win this war. You can choose to accept this or you can choose to blindly march forward. Failure is patiently waiting, try not to keep it waiting.
Terrible Tom
Incorrect. You have no "right to criticize" you have a "right to free speech, within limits"
And as a conciliatory gesture, we should be willing to set up a scholarship fund for his child so he can afford to go to college after dad has blown his school funds on legal fees ... providing the boy chooses to study game development as a career.
Well, the 360 story is actually, ya know, relevant to some people.
I have not violated the agreement with Take-Two, but Take-Two's lawyers now have their own problems in this regard. Stay tuned.
Secondly, as to my alleged modus operandi: I sign agreements and honor them. That is what I have done here.
It's funny how major media in the UK have contacted me about Manhunt 2 because of my efforts against it, which included my persuading Attorney General McCollum to act. Glad to help.
Ain't the First Amendment a wonderful thing? Jack Thompson
Also, let us not forget, as Thompson proven time and time again, baseless threats of suing someone to try and get them to back down is quite legal.
Finally, the fact that the complaints on record are Thompson's own, I wonder if he is not trying to prove the contract has loopholes for the future, or get it ruled nullified on his side for being stifling to his speech if the exploitation of the loopholes is seriously brought to question
...
Or he does not think that far ahead and just decided to whine publicly about a letter he got.
Time might tell.
Burned once, twice shy. The next time he will be squashed like a bug by T2 and/or other companies. No negotiation, just flatten him in court, and probably end up with him disbarred.
You are the last individual I would ever want defending the first amendment because you are so willing to abuse it. I don't think you read this the first time, here....
"Jack Thompson,
I stress for you to understand that you will not win this war. Even if you somehow manage to convince people to prohibit violent games in either the USA or UK I promise you it will be short lived. I’d give it 2 years, 5 tops, in which the law will be struck down as unconstitutional and all your efforts to prohibit violent video games will be nothing more than a headache that we will had to deal with. You, sir, are nothing more than a bump in the road.
So ask your self, is this war really worth fighting? There is NO WAY IN HELL that any lasting law prohibiting any form of media or art will be passed. It failed with art, literature, music and film and it will fail with video games as well. You are fighting a hopeless war that you are destined to lose. You are only treading the same exact path others have before you. I’m sorry to inform you that they all failed in the end and your outcome will not be any different. You’re speeding down a dead-end without any brakes.
Jack Thompson will go down in history as the insane lawyer blaming violent actions on video games without any solid statistics or logic to back it up. Remembered as a delusional fool that would prey upon vulnerable parents, which have lost their children due to tragic violent actions of others, to crusade against the video game industry. You will not be looked upon as responsible, wise or correct. You will certainly not be an individual people will respect. Jack Thompson, I guarantee this with all certainty; you will not win this war. You can choose to accept this or you can choose to blindly march forward. Failure is patiently waiting, try not to keep it waiting.
Terrible Tom "
I also recommend reading other people's posts. You don't seem to understand the message they convey... Its alright little man, sometimes you have to read things a few times and put some good time reflecting to understand it. Some times people like you just don't get things the first time around so there is no shame in reading it 3-4 more times to get a good start on grasping the concept of their arguement. The first step for you is to not be in denial any longer and just throw caution into the wind. Read things twice because obviously your not fully understanding our statements. Maybe if you ask your God nicely enough he can grant you the power to reason logically and to properly comprehend what your tiny little brain attempts to read. Judging by every word I've read that came out of your mouth those abilities are some of your biggest flaws you have.
Don't worry to much little guy... no one is perfect.
But yeah, without the contents of that letter, there's very little way to tell what exactly is going on. From a personal point of view, it would be lovely if they did have a case, we always said we wanted to see more affirmative action from Take 2 in defence of their games, so it would indeed be unfortunate if they didn't.
Besides, we are talking about Jack Thompson complaining because he recieved threats of 'spurious' legal action..... I suspect Blank Rome have an entire cabinet of opposite and equals from Thompson. I'm not even sure it's that big a deal anyway.
non-issue...
Wendys nearly killed me with a spicy chicken sandwich. Doctor said if I would have waited a few hours I would have probably bought the farm. Tried to sue Wendy's only got my hospitol bills paid and nothing for the near death experience and 2 and a half weeks of eating non-solid foods. Do you know how it feels to have Jell-o and pudding seem disgusting to you for a few years? Its terrible. And the week of not being able to talk right because my throat was eroded from stomach acid not wanting to stay inside my stomach. I'll never touch another Wendy's product.
Then a few months later some brat in the UK gets sick off a burger for about a day and wins like 7 million from Wendys. Son of a bitch! I hate you Wendys, rot in hell.