
The legal settlement between Manhunt 2 publisher Take Two Interactive and controversial attorney Jack Thompson continues to erode.
In June
GamePolitics reported on the first sign of cracks in the April agreement between the parties (see:
Take Two-Thompson Settlement Crumbling?). The relationship hasn't gotten any smoother in the interim.
An e-mail exchange between the anti-game activist and Gena Feist, T2's VP and Associate General Counsel, shows that Thompson was warned that the software publisher believed he was violating the terms of settlement. Thompson characterized Take Two's e-mails as "threats", writing:
Take-Two is threatening me because of the exercise of my rights, under our settlement agreement, to criticize the company's practices...
For its part, Take Two declined to comment.
GamePolitics received the following copies of the e-mail exchange from Thompson. For readability and privacy reasons, GP has stripped e-mail addresses, cc's, signatures and the like from the originals.
While they provide a fascinating glimpse into the longstanding struggle between Thompson and Take Two, it's important to remember that there may be additional e-mails which we haven't received. Also, the exchange came to us cut-and-pasted into five e-mails from Thompson, which then had to be re-assembled in proper order. The sequence of time stamps between Thompson and Feist doesn't match up exactly. We're not sure what to make of that, but we've attempted to place the e-mails in what seems to be their correct sequence based on context.
The exchange was triggered by an e-mail Thompson sent to on Monday to Take Two chairman Strauss Zelnick, CEO Ben Feder, the Federal Trade Commission, the Campaign for a Commercial-Free Childhood, an attorney for Blank Rome, and GP.
-----------------------------------
From: Jack Thompson
Sent: Monday, August 27, 2007 4:55 PM
Subject: Letter to Take-Two's Strauss Zelnick, Ben Feder Re Manhunt 2
Dear Mr. Zelnick and Mr. Feder:
Congratulations on receiving a "Mature" rating for Manhunt 2. You'll live to regret it (trust me), so enjoy it while you can.
I want to bring to your attention the fact that at www.rockstargames.com anyone of any age can order Manhunt 2 and receive it, with no age verification whatsoever. Asking a 14-year-old if he's 17 is not age verification, now is it?
You also know that the use of a bank card as an age verifier is a violation of all bank card agreements, right?
Govern yourselves accordingly, if you can.
Regards, Jack Thompson
----------------------------------
From: Gena Feist
To: Jack Thompson
Sent: Tuesday, August 28, 2007 2:47 PM
Subject: FW: Letter to Take-Two's Strauss Zelnick, Ben Feder Re Manhunt 2
Mr. Thompson,Your statements regarding our practices are false, as you know or should have known.
The Take Two website verifies age in two ways. First, consumers who purchase M or RP rated games certify that they are at least 17 years of age. Numerous websites use the same method for verifying age in connection with sales of movies and games. Second, we verify age through the use of a credit card number in connection with a transaction. Such transaction based verification is acceptable to both credit card companies and the FTC (see, e.g. http://www.ftc.gov/bcp/conline/pubs/buspubs/coppa.shtm)
.
We demand that you cease making these false statements about our online sales practices. Your dissemination of knowingly false statements for the purpose of adversely affecting Take-Two's business is actionable and we reserve all of our rights under the settlement agreement and state and federal law.
Not only are your statements clearly false, but they were made in an email publicly disseminated to both the FTC and the press. Please be assured that I am happy to answer any questions you have concerning our practices in a private communications. It is for this very reason that our settlement agreement designates a legal contact for you at Take Two.
If you continue to make false statements to an audience of press and public officials, however, we will have no choice but to take action against you.
Sincerely,
Gena
-----------------------------------
From: Jack Thompson
To: Gena Feist (T2 NY)
Sent: Tuesday, August 28, 2007 3:39 PM
Subject: Re: Letter to Take-Two's Strauss Zelnick, Ben Feder Re Manhunt 2
As you should be aware, credit cards cannot be used to verify the age of buyers. Kids have credit cards, and they use parents' credit cards. You have then got to be kidding me.
Take-Two is welcome to use age verification software that is available for on-line alcohol, firearm and other purchases of adult material. Stop lying.
Thanks
Jack Thompson, Attorney
-----------------------------------
From: "Gena Feist (T2 NY)"
To: "Jack Thompson"
Sent: Tuesday, August 28, 2007 5:30 PM
Subject: RE: Letter to Take-Two's Strauss Zelnick, Ben Feder Re Manhunt 2
Jack, give it a break. I am happy to answer your questions and correct any misapprehensions that you have but I will not engage in this type of discussion with you. I am not a liar, I didn't threaten you, and I wont get roped into this type of dialogue. Don't bother writing back because I will not answer any further communications along these lines.
------------------------------------
From: Jack Thompson
To: Gena Feist
Sent: Tuesday, August 28, 2007 5:28 PM
Subject: Re: Letter to Take-Two's Strauss Zelnick, Ben Feder Re Manhunt 2
Surely you are not taking the position that I am not allowed to communicate with the government about Take-Two's actions, are you? If you are, then please know that that position renders the agreement unenforceable as a matter of public policy, since the law is settled that no agreement that restricts a citizen's petition rights to the government is enforceable.
Are you seriously suggesting that an agreement that does not restrict me in that fashion does restrict me? Becasue [sic] if you are, then I have a new civil rights claim agains [sic] Take-Two.
Jack Thompson
-----------------------------------
From: Gena Feist
To: "Jack Thompson"
Sent: Tuesday, August 28, 2007 5:20 PM
Subject: Re: Letter to Take-Two's Strauss Zelnick, Ben Feder Re Manhunt 2
Jack,
I appreciate that you directed this message to me alone. In regards to your comments below, I understand that you disagree with the use of a credit card transaction as age verification but it is accepted by the FTC and the retail industry as verification of age.
You are on notice that we use two industry and government accepted forms of age verification. Please do not repeat your false claims publicly or make claims that I/the company are lying about this matter.
We entered into the settlement agreement because we did not want to engage in unnecessary litigation with you, but I assure you that we will enforce the terms of the agreement if necessary and that any suit will include a claim for our legal fees under paragraph 11.
Sincerely,
Gena
----------------------------------
From: "Jack Thompson"
To: "Gena Feist (T2 NY)"
Sent: Tuesday, August 28, 2007 6:17 PM
Subject: Re: Letter to Take-Two's Strauss Zelnick, Ben Feder Re Manhunt 2
What is wrong with you? You threaten me with enforcement of the agreement, and I ask you how I have violated it. Are you nuts?
Jack Thompson, Attorney
-----------------------------------
For all
GamePolitics coverage of the Take Two-Thompson settlement, click
here. You can also read the
terms of the settlement and decide for yourself who's right.
Comments
Wow, real mature....
petty petty jack
angry hatefilled and childish jack
i could go on.........
But seriously, what did jack hope to gain from sending the emails here? Clearly he knows we know he's a jackass, he doesnt need to prove it, his comments are doing that job for him.
WHile I admire your passion ,thats not the best way to present yourself as being rational. I know i'm not always the sainist voice in the crowd, as Dennis has reminded me of before, but thats going a bit towards the whole "Threat" zone.
Now, that being said, I gotta ask Jack thompson something.
Have you lost your mind?
It's bad enough that you act like an infant most of the time, but now, you have the nerve to start arguing about something that you've been proved wrong on, repeatedly?
Are you crazy? If take two wants to, they could likely bury you and end your legal exsistance, don't go starting another war. You've already got multiple bar complaints against you, your in the middle of multiple legal battles with the bar, now you want take 2 hitting you with another lawsuit?
Does the saying "don't bite of more then you can chew" Come to mind?
Back off jack, before you wind up regretting this.
Gena seems to be articulate, reasonable and level-headed throughout this, whilst Jack comes off as some 15 year old flamer. Madness
Jack, take a break and try to think about what fights to pick, she's explained the legalities to you. Go find someone you can actually scare with your vague and unfounded legal inaccuracies.
Mr. Thompson again I feel, as a Christian myself, that we are mandated to not bear (bare?) false witness.
I fail to understand why you seem to think that its alright to lie and diseminate false information about people you don't agree with. Aren't actions like those the very defintion of false witness?
Point taken. Still, i'd rather say it here than on a post that JT actually reads.
And... hold on, I can edit that picture. You know, put a cowboy hat on him and give him a big red moustache..
Guess your right about that one.
This is his ridiculous method of practicing law (no wonder why he lost all his cases and is being disbarred)
He's kicking at hornet's nests so he can point fingers during his disbarment, fortunately this wont work, and the more he does maybe, just maybe he'll look stupid enough that the general public will at last see him for what he is.
Jack is going down kicking and screaming, but he's going down, and thats what matters.
Bye bye jack! whats next for you? flipping patties at McDonalds?
Please, don't waste ammunition. Slow, painful torture will do.
Certainly, Confidentiality Agreements and Non-Disclosure Agreements are such documents. And formal Gag Orders are also among them as well.
I also wonder if Ms. Feist also knows that John Bruce still sent out copies of those emails, even though he made it appear that he was communicating with her privately. So much for the "Trust Me" bit at the beginning of the tirade.
Nightwng2000
NW2K Software
You know, I really feel sympathy for his family. I wonder how many fights his kids have gotten into because they were teased about dear old dad?
Thank you Jacko for finding the real problems!
But that looks like a pretty nice computer monitor Jack's got there :)
Come on its obvious, jack has a crush on dennis, its typical schoolyard tactics, he keeps coming back hoping dennis will write something nice about him and prove he loved jack the way jack loves him.
If you think his emails are bad, you should see his legal documents, if you haven't already.
Nightwng2000
NW2K Software
Eww.
Okay, we all hate the man, but we don't have to bring his family into it. That's his tactic.
I remember a few of them (made public by Jack himself). Those were a nightmare to decyfer.
Perhaps its an insurance policy of sorts, so that when he gets disbarred (September, right?) he can point to these emails and claim it was TT who did it.
His ability to either fail at reading comprehension, or his apparent blindness to contrary evidence is astounding. If only he was as skilled at truth ...
He intentionally sent inflammatory e-mails to Take Two and to members of the media and government hoping that Take Two would take the bait and blindly come out firing with both barrels.
Had Take Two jumped straight into litigation with Thompson, claiming that he violated the terms of their settlement agreement, Thompson would counter-sue them for curtailing his first amendment right to petition the government and would have sought damages.
It's just a legal game, and Thompson is clearly getting frustrated in later e-mails that Take Two isn't biting. That's why he tries more and more desperately to goad her.
I searched "buy guns" on google. The first site I came to, I put a Glock in the shopping cart and clicked "checkout". Then it asked me for shipping address and credit card number.
Unless there's some magical age-verification step just beyond that page that I don't know about, I think it's safe to assume that a credit card IS the age verification, INCLUDING FOR A FIREARM.
Dumbass.
(a cookie to the person who figures out what games I'm talking about)
I particularly like the part where he says "You'll live to regret it (trust me)"; I didn't know real people talked like that, is Jack Thompson a super-villain (it's not the first time he's said that either)? Then later when he goes on the accuse them of threats was kind of like the punch-line.
I can't wait for next week’s episode.
Where is the line, Jack? Be precise please, and explain why it's not the parent's responsability. Also, please be precise why you're singling out video games and not movies, books, television, etc. Finally, explain how any such laws can apply to video games and NOT to the affore-mentioned types of media without violating equal protection. If you can do this without strawman arguments, personal insults, or other argumentative or logical fallacies, you might actually earn some credibility and respect (the respect you have claimed you deserve, but have never given to the gaming community - hypocrite much??)
also... imo, he's not so much a threat to gamers/ game companies any more, most of the people i know look upon hiim as a comic relief act.
@ Jack
Take Two did not threaten you. Judge yourself first. You threatened them. Then they responded saying
"We entered into the settlement agreement because we did not want to engage in unnecessary litigation with you, but I assure you that we will enforce the terms of the agreement if necessary and that any suit will include a claim for our legal fees under paragraph 11."
That is not a threat, that is just following the law...you know...that thing you, as a lawyer have to follow. This however, is a threat:
"You’ll live to regret it (trust me), so enjoy it while you can."
Yeah, quit threatening people, Jack. You're setting a bad example to your kids, whom I guarantee, will eventually see everything you ever wrote to someone. For example... http://en.wikiquote.org/wiki/Jack_Thompson
inb4 Thompson accuses me of having played Doom, of which I have not.
He has no real legal position for the lack of verification, but a conflicting personal point of view and a lawyer should know that. However the personal attacks against a staff member of Take Two shows just how much of a vendetta JT has against Take Two and will use scare tactics and risk breaking contracts to carry that vendetta out.
(This is all assuming the emails are accurate and JT sent them in so if they were editted to make him look more favorable then...just eep)
A painful tug on the leash
The dog learns it's place
Baiting T2 into falling into a legal trap is pathetic, Jack. Take up a normal hobby - you know, fishing, reading novels, playing video games...just do something! I'm honestly getting tired of watching you continually getting shot down.
And times up on my little contest. Guts-splattering FPS = Metroid Prime (Rated T for Teen). RPG Decapitation of a dark skinned woman = .hack//G.U. Vol. 1 Rebirth (Rated T for Teen). Mandatory crashing race game = Anyone? Anyone? Burnout 3 (Rated, guess what, T for Teen)
Who wants to bet there'll be a flap about the gay marriage in .hack//G.U. Vol 3. Redemption?
Let's settle this to the pain:
To the pain means the first thing you lose will be your feet, below the ankles, then your hands at the wrists, next your nose. The next thing you lose will be your left eye, followed by your right. Your ears you keep, and I'll tell you why:so that every shriek of every child at seeing your hideousness will be yours to cherish -- every babe that weeps at your approach, every woman who cries out, "Dear God, what is that thing?" will echo in your perfect ears. That is what "to the pain" means. It means I leave you in anguish, wallowing in freakish misery forever.
And I'm not bluffing :P
I was thinking that too. I've never tried to buy a firearm online, but I have taken an interest in accessing other *ahem* age-restricted content. I've never, ever seen any "age verification software" that didn't involve credit cards. And anyway, how would that even work? How does one write a program that can tell the biological age of the user? It boggles the mind.
I've heard that at least one bank in America has stated that credit cards are not suitable for age-verification, though it may have meant that it would not verify the age of its cardholders - whereas a third-party might well do that.
Age-verification is a hot topic on Second Life at the moment, and apparently Linden Lab (or the third party that does their verification for them) believes that credit cards are not appropriate for age-verification.
"You also know that the use of a bank card as an age verifier is a violation of all bank card agreements, right?"
Two things spring to mind- the term "bank card agreements" implies that while the FTC might well give the OK for bank cards as age verification, the contract that Take-Two have signed with whomever handles the rockstargames.com store's CC transactions- or the card holder's agreement- might say that you can't do it, which presumably would override the FTC. He also stops short of saying it's illegal. Given that other sites use cards for age verification, this is unlikely, however.
Secondly- a "bank card" might be different to a "credit card", in that a *bank* card might only let you take money out of your account, (or even just use a cashpoint but not buy things directly) while a *credit* card allows you to borrow money from your credit company- and verify your age with it.
The latter is more likely- we have this distinction in the UK, and it would make sense for both cards to have different rules from one another- and there is, of course, an outside chance that Jack's right on this one as the US might have different rules to the UK ones I'm basing this on, but it's still information worth considering.
/b
Ms. Feist did an excellent job of ignoring his BS and staying focused and on message. Really this is a great example of how to maintain control of the conversation when dealing with Jack and I think several of the more excitable posters here would do well to learn from it.
From the FTC:
Access Verification
At a parent's request, operators must disclose the general kinds of personal information they collect online from children (for example, name, address, telephone number, email address, hobbies), as well as the specific information collected from children who visit their sites. Operators must use reasonable procedures to ensure they are dealing with the child's parent before they provide access to the child's specific information.
They can use a variety of methods to verify the parent's identity, including:
*
obtaining a signed form from the parent via postal mail or facsimile;
*
accepting and verifying a credit card number;
*
taking calls from parents on a toll-free telephone number staffed by trained personnel;
*
email accompanied by digital signature;
*
email accompanied by a PIN or password obtained through one of the verification methods above.
Operators who follow one of these procedures acting in good faith to a request for parental access are protected from liability under federal and state law for inadvertent disclosures of a child's information to someone who purports to be a parent.
Sure, some kids might have credit cards. And if a parent is responsible enough, they'll remove the game once they see the credit card bill, the game itself, etc, IF they deem that it's inappropriate for the child. As for using the parents' credit cards, that whole process could stop right there, at the parents' wallets.
The more obvious thing here is that clearly, the parents aren't as concerned as you are, seeing as how video games don't turn people into hardened criminals.
GP: Actually, T2 has set up his own e-mail box to channel his incoming to one person, which, I believe, is Gina Feist. Everyone takes a stab at reasoning with him at some point or another. Sadly, history is the best teacher in that regard.
PS: sorry about the double post, my browser hiccuped
(bleh, doesnt seem to want to let me use html tags to show the pic)
Take 2 is doing nothing wrong here.
Jack needs to learn when to keep his trap shut.
Kudos to Gena for having the patience to deal with this man/boy/baby. I would've got so mad at the computer screen for letting me read such stupidity, I would've kicked my laptop.
I truly wish, for all the past, present, and future gamers, that Take Two takes him on in court, and whoops his ass.
(Jack, in case you read this, that's not a threat.)
Like, say, his disbarment proceedings? His psych eval? A public nuisance hearing? =P
Or, possibly, a firing squad?
Credit cards may be appropriate to ascertain parental consent for a child's actions, or to disclose a child's information to a parent, but that's not quite the same thing as providing unsuitable content or items to a child.
A letter dated November 30, 2001 from Aristotle (the third-party Linden Lab uses to whom I referred before) to the FTC regarding COPPA highlights the inappropriateness of credit cards for this task: http://www.ftc.gov/privacy/coppa2/comments/aristotle.htm
I don't know if the FTC ever took any action in response to that letter; all I know is that COPPA isn't addressing the issue of 'proof of age' specifically; only as regards to gathering parental consent.
I'm British, so maybe my understanding of the US law is a bit hazy: is it legal for a minor to purchase an M-rated game with parental consent?
Even then, it's not 'illegal' for a minor to purchase it. No one's going to go prison for buying or selling it like that, it's just more of a retailer rule. They have the final say on whether they will sell a game to a minor.
@ Chuma
This may sound cruel, but I don't care if his actions eventually lead to his financial ruin that hurts his family. I don't even care if his kid gets beaten up at school because he's a 'Jack' ass. It's not my fault, nor would it be Take Two's. It would be a direct result of Jack's idiocy, so I would blame no one but him. We must be held responsible for our own actions, and that includes the results of bad decisions.
Don't worry, though. I'll bet his wife divorces him when it becomes obvious he's on the verge of losing it all. Then, his fall would be complete. All because he doesn't like a form of media.
By the way. I'm NOT condoning beating up his son. I would still hope that any little hellion that decided to assault him would be punished properly. It's just that I'd realize it was a direct result of his father's actions. Whatcha wanna bet he would, too?
@ WarOtter
That seems a little.... extreme. Even for a guy I hate. ALOT! (see my comments to chuma)
Oh come on! how is that extreme!? True, i'd rather kill him through torture rather than cripple him, but hate is something that should be expressed!
Oh, Jack, you can't sue me for this. You don't know who I am.
"Credit cards may be appropriate to ascertain parental consent for a child’s actions,"
So we agree then? I'm lost as to your issue, I guess. Jack has inadvertently started a good discussion, once again through no fault of his own. Aristotle has sent an letter to the FTC stating valid concerns, but still, the FTC rules are explicit - currently a Credit Card is implied parental consent.
This is by no means fool-proof, and for alcohol, tobacco, or firearms online sales, further age/identity verification is warranted and required under the FTC. But you aren't seriously comparing video game purchases to these things, right? Second Life, or other MMO's are a different issue altogether, having a very real risk of child predators. But buying a rated M game has no such risks.
The real question, and the one Jack with never ask, is: Is stricter regulation of M or R rated content needed for online sales? I say no. For AO or NC-17 or Un-rated or, perhaps, MMO's, maybe.
-P
:)
Found that pic and thought it might be relevant. Who knew?
Wow, that sure sounds like a personal threat to me.
@ BlackIce
Yea, but crippling him financially is so much more rewarding and it avoids all those pesky 'moral' questions. Wouldn't you rather see him destitute waiting for food in line at a soup kitchen?
Besides, WHEN Jack finally crawls out from under his rock all he'll see is some immature gamer wishing him bodily harm. All that does is give him ammo
It would be amazing if gamers would file a class action lawsuit for slander and harrasment against thompson...with all the inflammatory remarks and insults I could see a win.
Mike
Fine, we'll play it your way.
However, the decision to effectively render private communications public by forwarding to Game Politics is reprehensible at best, but also shows which party is making the most effort to abide by their end of the settlement, and that would be Take Two.
These picures are great. You seen the Cowboy Jack one? (tallimar's pic)
I'm saying there's a difference between getting parental consent for some things than others. When I was 10 I went on a school trip to Amsterdam: I needed parental consent for that, but I don't think that parental consent would have covered the school taking us into the sex museum. Likewise, there are things on the internet that are suitable for children that still require parental consent that don't come to the level of supplying 'adult content'.
The issue with Second Life is (ostensibly) about accessing user-created 'adult content', which is pretty much the same thing. Although there is a difference in that the providers don't have direct control over what content is provided, but it's supposed to be the same issue of access to adult content.
jack grow up and face the fact you might need to get a real job.
While I find some of the implications disturbing - and actively agree with others, I must admit that "Jack Thompson, Wal-Mart greeter", would be delicious schadenfreude indeed.
I've also had some concerns for his family after seeing some of the stunts he's pulled. I imagine you're right that his children receieve some real flak over his antics.
@ BlackIce
Nothing disparaging was said about his family; I've no reason to believe they aren't relatively decent human beings. On the contrary, the sentiment expressed was concern for them, considering that their father's words and actions can't be helping their social standing or acceptance in school, or elsewhere.
This whole affair is just JT grasping at straws again- just like his letter to the FTC over BioShock. The only difference is this time he is violationg his TT aggreement which may very well mean more legal trouble for him.
I still believe he is preparing to be disbarred, so he wants to stir things up enough so he can blame a vast conspiracy for it.
Funny this should come from Aristotle, a company known for selling private user information (SSN, cc number, name, address, driver's license, the whole 9 yards) obtained from it's daughter company, Integrity (an identity verifing company that states explicitly that they do not store nor distribute user data - how ironic), to campaigning businesses and just about any senator fishing over enough money.
So much for THEM being worth trusting. :)
Simple bucky boy. You are making false statements that they are not using age-verification, when in fact they are using government-approved methods for age verification.
If you've got a problem with that, take it up with the FTC.
You made too much of an ass of yourself over videogames. Perhaps you can get a fresh start with this. Just remember to be polite and mature. I know its hard for you to do, but you should be able to muster up the disipline to do so.
jeez what a douchebag JT is
I was talking to RJ about leaving his family out of this..
Jack, do you honestly believe that everyone in the world is as fair and civil minded as you? Do you really think that every parent is on your crusade to end porn and violence in society? Because if you do, I want you to go out and visit as many homes as you can in your area. Go. Visit every one. Spend a day with them. See how they interact. I bet you will find a lot of families and a lot of people who don't care about your morals, or any morals. I bet you will find mothers and daughters who have no problem taking money and spending it on needless amounts of shoes and dresses. I'm sure you will find husbands and sons who have no problem duking it out in the living room while Die Hard is on, much to the protest of everyone else in the house. Your little fantasy world of no violence and everyone is happy and like you is a folly. I've worked a number of years in the food industry, and let me tell you that customers are the worst beings on the planet. They order food and then throw it away. They send good food back because it wasn't done right. They eat an entire thing and then say it was wrong and demand another one. Society has serious issues man, far beyond what you, or even I can do about it. It's time you stopped picking on one company and start focusing your efforts on educating and informing PARENTS and CHILDREN on these moral issues and start working on it from the angle you're supposed to instead of trying to frantically attack the industry for something it's not really responsible for. Because if thats your mission, you got the movie industry, the television industry, the porn industry, print media, and a whole lot more to go after. Scared? You should be.
There is no "erosion" of the settlement between Take-Two and me. This is just an example of Take-Two's regretting that it signed an agreement that allows me to continue to beat on Take-Two, to the FTC, to public interest organizations, and elsewhere. If Take-Two's genius lawyers at Blank Rome thought I was going away, they miscalculated, and failed to put into the agreement constraints on what I am doing. Wouldn't be the first time Blank Rome screwed up.
Oh, relatedly, you all might find the following interesting, re The Florida Bar. Hooah!
John B. Thompson, Attorney at Law
1172 S. Dixie Hwy., Suite 111
Coral Gables, Florida 33146
August 31, 2007
John Ellis “Jeb” Bush
Segovia Tower
Coral Gables, Florida 33134 Via Hand-Delivery This Day
Re: Your Upcoming Deposition in Bar v. Thompson
Dear Governor Bush:
I hope this letter finds you and your family well. We’re glad you’re here in Coral Gables and pleased that you seem to be enjoying your hiatus from the hurly-burly of elected office. You’ve earned it.
While you were Governor, I was busy getting the Howard Stern Show off terrestrial radio (Howard Stern: “This lunatic lawyer in Miami got me off the air!”) for comments like “Ever bang any famous nigger chicks? What do they smell like? Watermelons?”). Along the way to that success, I got Stern first off all Clear Channel stations in February 2004 and then off Beasley Broadcast Group’s WQAM-AM here in Miami as well as off its Ft. Myers station. Beasley, by the way, owns and operates a number of “Christian radio stations” and has given a lot of money to the RNC. Real “family values” folks, huh?
While I was securing these successes, Stern and his Infinity/Viacom radio group were, of course, actively violating 18 USC 1464, which prohibits the airing of indecent material on the public airwaves between 6 am and 10 pm (See FCC v. Pacifica, in which the US Supreme Court held constitutional this prohibition because of the presence of kids in significant numbers in the broadcast audience).
My successful efforts against Stern included a $3.5 million Consent Decree between Viacom/Infinity and the FCC by which both agreed that Stern’s shows were indecent in violation of 18 USC 1464, and the FCC acknowledged that I was part of that Consent Decree as one of the complainants. I was happy to help. I had no client in any of that. I was a Christian acting on the requirements of my faith and meager gifts He gave me.
In the midst of that success, I wrote you, as our Governor, about the role that your friend, Al Cardenas, former Florida GOP Chairman, and his Tew Cardenas law firm were playing in desperately trying to keep the Howard Stern Show on the air despite my efforts. Cardenas’ law firm was very aggressively doing what it could to target me, I believe in violation of state and federal laws, for harm because of my First Amendment-protected efforts against the Stern show. Al and his firm couldn’t defend the content of Stern on WQAM, so they engaged in their “shoot the messenger” strategy. Dumb.
Al Cardenas, inadvertently proving my point, then filed, along with his law partner Larry Kellogg of Tew Cardenas and Caroline Beasley, CFO of Beasley Broadcast Group, what is known as a SLAPP Florida Bar complaint, against me in retribution for my writing you, the Governor, to alert you to a) this criminal broadcast activity (18 USC 1464 is a criminal statute), and b) Al Cardenas’ and his firm’s role in it. Kellogg foolishly said to my lawyer at the time that what really precipitated the SLAPP complaint was my letter to you. Dumber.
SLAPP, by the way, is an acronym for strategic litigation against public participation, and this “shoot the messenger” strategy by people like Al Cardenas has become such an encroachment upon First Amendment petition rights of citizens that several states have “anti-SLAPP “ laws, including Florida.
Unfortunately for both you and for me, the pendency of one remaining count in the blunderbuss Tew Cardenas/Beasley SLAPP Bar complaint against me remains, and we are supposedly going to trial on that. The Bar, signaling how flimsy is this count, has offered to dismiss it with prejudice. The Bar should go ahead and do that right now, but The Bar refuses. People have agendas here, the overarching one of which is that The Bar, now headed by new Florida Bar President, Miami lawyer Frank Angones, seeks to punish and pathologize my faith-based conservative activism. Frank should know better, as a Pedro Pan refugee from Castro’s anti-free speech regime, but Lord Acton’s aphorism has apparently clouded Frank’s judgment.
What I do know, Governor, is that I get to take your deposition about all this. You were and are in the middle of what Al Cardenas has foolishly done. You are, of course, listed as a witness for me on two separate witness lists—one for discovery and the other for trial in the Bar matter.
You are there on those lists, really, because Al Cardenas never heard, apparently, what Winston Churchill said when asked, as an accomplished watercolorist, what the hardest thing about painting was. Said the great man: “Knowing when to stop.”
Al Cardenas, in order to protect his and his firm’s lobbying and political relationship with you and with your brother, filed this SLAPP Bar complaint against me. Al even swore in that complaint, interestingly, that Beasley/WQAM had no nexus to the pornography industry. Al swore that at a time that a radio show that Stern himself called “pornographic” was on WQAM. Al swore that at a time when WQAM was running ads on its air in the middle of the day for men’s strip joints with “full friction dancing,” with WQAM actually doing station appearances at these porn clubs. Fascinating what Al Cardenas will swear to. It is not known if Kendall Coffey was there for the station promos.
I have filed a federal lawsuit, now before US District Court Judge Adalberto Jordan here in Miami, that alleges that this Bar complaint stunt by Tew Cardenas is an effort to chill my First Amendment speech and to protect that firm’s relationship with you and the Bushes. That is also one of my defenses in the state disciplinary proceedings, so I get to depose you and inquire about all of that and more. You can thank Al Cardenas for the opportunity you and I have to meet again.
I should, then, like to know what dates and times you are available in September for your aforementioned deposition. I think you should set aside four hours for the exercise. I should also like to know if you want me to have you served with a subpoena, or if your lawyer, whoever it is, will agree to do this by service of the subpoena on him/her or simply by agreement. Also, I want to accommodate you and do this in a location most convenient to you. I know this whole thing is not convenient for you; but it certainly is not for me either. Your friend, Al Cardenas, is trying to rip my law license away from me in order to protect his relationship with the Bush family. Al declared a war here, at children’s expense, by the way, and you are, in a sense “collateral damage.” As I say, blame Al, not me.
Just a few more things: The Judge presiding over this matter as the Bar’s referee is Circuit Court Judge Dava Tunis. Small world. As you may recall, you appointed her to the Circuit Court bench after she served on your task force looking at violence against women. It is ironic that Judge Tunis’ rulings in the Bar matter have served a) to protect the criminal stalking of one of my clients who was in Judge Tunis’ courtroom yesterday with me, and b) to protect a law firm and a radio station that featured a Stern program that described, in graphic detail, how female amputees could lubricate their “stumps” and place them into the anuses of men in order for the men to achieve orgasm.
Al Cardenas apparently thinks stumps in anuses and other porn is appropriate fare for kids on the radio during the day.
How a judge can continue to issue rulings that protect that kind of thing, while coming to public prominence concerning the targeting of women, is ironic. But that is not the only irony here.
My designated reviewer in these Bar matters has been Ben Kuehne. He is a Bar Governor who has received a “target letter” from your brother’s Justice Department for allegedly laundering Medellin cocaine cartel money. These are the people who sit in judgment of me, and these are the people, not I, who have determined that I must take your deposition.
Finally, should your lawyers argue that you are somehow shielded from this discovery, I think they will find that is a bunny trail not worth their going down. A sitting President was recently deposed in a sexual harassment case, and surely you, as a former Governor, are not shielded from the judicial process, especially not when a lobbyist tried to protect his relationship with you by unleashing the state on me.
Again, I’m sorry about this, but Al has made this all unavoidable. Please let me know quickly as to the dates and times and location for this skirmish in what some have called the “culture war.”
Oh, one more thing. I know you know our mutual friend, [redacted]. You can call him [redacted] to confirm that all of the above is true. [redacted] got Al Cardenas the Dade County State Committeeman’s post years ago.
Warm personal regards, Jack Thompson
PS: Enclosed is my Tyndale House book, Out of Harm’s Way, which explains what this is all about. Note the quotation by Stern on the cover of the book. As one Christian to another, enjoy it!
Copy: Al Cardenas
Sheila Tuma, The Florida Bar
Referee Dava Tunis
Media
U.S. District Court File, 07-21256, Southern District of Florida
dear god what did poor gina do to deserve having to deal with jacky?
i hearby authorize gp to give gina my email address in case she needs an electronic hug or eshoulder to cry on
You do realize that you threatened to sue Take-Two over their age verification first? Kind of ironic when you whine about yourself being threatened.
Also, you show very little respect to the person. At least Take-Two's response to you refrains from insulting you. Show a little respect. Isn't that the Golden Rule? Treat others as they wanted to be treated?
"So in everything, do to others what you would have them do to you, for this sums up the Law and the Prophets." (Mathew 7:12)
http://www.scripturestudies.com/Vol6/F6/f6_nt.html
Even the Commission on Online Child Protection (set up by COPA), a congressional committee formed to analyze the protection of children from online "harmful material", approves of age verification by credit card:
http://www.copacommission.org/report/ageverification.shtml
Note that she does not rebut the fact that credit cards cannot be used as age verifiers, and that to do so violates bank card agreements.
"I was talking to RJ about leaving his family out of this.."
I assume you're referring to when RJ said:
"You know, I really feel sympathy for his family. I wonder how many fights his kids have gotten into because they were teased about dear old dad?"
I really don't read anything disparaging into that. I think it's a pretty honest sentiment. WE aren't attacking his family, but I'm sure there are people out there who do take out their frustration with him on his children, especially in school, and I find that really sad.
Ok, you didn't really threaten them, you just tried to pull another sensationalist publicity stunt on Manhunt 2. Which failed, because they are only getting more free publicity, from you. Kind of like the bookstorming incident.
This guy is total nuts.
Many still rely on user-submitted ID such as drivers licenses, SSN, bank account numbers, and other info that a teen with mommy's credit card in hand can easily acquire...
They also want credit history questions, and copies of actual documents, but again, not hard for a savvy teen. Also easily broken by a system that uses a mish-mash of databases to "verify" you.
I've been refused access to some ID verification-protected pages because it insists that I currently have a student loan. I haven't had one in years. So I have to lie about my credit history in order to verify that I'm "me"...
oh jack, you so silly.
Careful, that's what got JT banned the first time in Livejournal after calling us, and me specifically, one of those in a reply to one of my comments.
Please try not to sling that word around.
They're doing no such thing, Jack, as you know full well. They were advising you that the system they have in place has been deemed acceptable by the FTC and is commonly used by retailers in similar industries - purchasing videos online. Drawing a comparison to selling firearms is ludicrous. Games aren't weapons - even you haven't tried to draw that comparison. You instead call them 'murder simulations'.
As to the kids using the parent's card, that is between the cardholder and the user. The parents will see the statement and more than likely see a package in the mail. Furthermore, you don't make payments online with a bank card. Your bank card must double as a credit card for that to work. I have a Bank of America Visa card, and all my online transactions are handled by Visa and directly debited (credited, man accounting class confused me) from my account.
As for what breach Feist is accusing Thompson of, it is knowingly making false statements about the company.
Or, just maybe, i've misjudged someone's comment. Again.
"Furthermore, you don’t make payments online with a bank card. Your bank card must double as a credit card for that to work."
Not true. There are websites, specifically ones like HMV...which will just tank your bankcard/debit and you can pay like that. You pay and they ship like it's no big deal. They might have verification for certain things, but other then an account and an address, you can order whatever you want with certain banks.
seriously... "What's wrong with you?.. are you nuts?": that's like his verbal "finishing move" or something... like "JT WINS, FATALITY!"... then he does his victory pose and grabs his cartoon crucifix with his sound byte "hooha" or something
-ok enough, imagination for one day
Personally, I think that if a minor (say 13 or so) deceives both the age-gate, and has their parents credit card, I fail to see how the retailer is responsible for the kid's deception. I refuse to exculpate the kid.
Mind you, I am Canadian, so that might just put a skew on things.
From: BlackIce
RE: YOU BITCH!
Hey Jack, we all appreciate you and your little Crusade, but we both know it's getting a bit annoying now. Infact, I gotta ask you: Are you nuts?
LOVE IT
That's the crux of the argument right there. Jack is, of course, correct in his brilliant observation that kids can lie about their age on the Internet, but Gena is right about what the law says, and the law says click-throughs and credit cards are acceptable forms of age verification.
If Jack wanted to have a debate about whether or not click-through agreements and credit cards are a GOOD way of verifying someone's age, that would actually be a fair conversation to have. But of course rational debates are not his style, and what he's actually claiming is that they're not a LEGAL way of verifying someone's age. THAT claim is obviously and objectively incorrect.
(Cue Ned Flanders scream from Jack)
"Not true. There are websites, specifically ones like HMV…which will just tank your bankcard/debit and you can pay like that."
It's a new "feature". Interac Online.
@JT
"You also know that the use of a bank card as an age verifier is a violation of all bank card agreements, right?"
Really? I doubt it. More likely the banks just refuse to give out age information with ATM transactions, because it's up to the individual seller to verify ID through credit card/drivers' license, etc.
You'd get further in discussions if you quit resorting to bullshit. Seriously. A simple "banks don't hand out age info" would have sufficed. But you had to exaggerate and pretend it's a violation of contract...
The good news is that T2 and it's legal counsel are now once bitten and twice shy. I suspect that they no longer have much of a basis to assume that Mr. Thompson will ever actually honor the terms of any agreement with them. Which probably means that the next time they haul Mr. Thompson into court (and I think we can start counting days on that), they'll take him all the way to a more easily enforced court order rather than settle with him.
I didn't know it was new admittedly. I don't buy my stuff online. I prefer to order through the actual retail chain myself or buy it if it's there. Numbers over the net I can pass on.
What, this one?
"The Bible doesn't promote killing innocent people, Grand Theft Auto does. Islam does. Islam promotes the killing of innocent people. The Quran requires the infidel, whether Jew or Christian, to be killed. ... That's a core essence of the religion. ... Muhammad was a pirate who killed infidels and who advocated the killing of infidels. Not a nice guy. Osama bin Laden is in keeping with his fine tradition."
If so, the word Racist Fucker and Ignorant Bastard comes to mind.
Hey, Jack's not a member of the BNP is he? Or, more likely, the KKK or the Hitler Youth? It's sad really. 40 million people died to get rid of Hitler and we still have Bastards like him in the most powerful country on earth(most powerful for the moment atleast..)
I only found out because my bank started pestering me to read up on it every time I logged in to check my account.
I buy online only when I can't get it locally. Like a really good dog seatbelt for cars. The local pet shops had nothing that could properly restrain a large dog in a car accident.
Disregard that last post. I'm not sure but I think I confused you with someone else. Who put that link to Wikipedia up?
Phoenix, Filmmaker
If he was right, and videogames cause people to go out and murder other people, then we would have millions upon millions of gun toting teenagers running around killing every "non gamer" in the world. But since the murders are usually comitted by individuals who are mentally unstable, he needs to go after the real problem; BAD PARENTAL SUPERVISION.
So I say this, crazy Jack, start suing bad parents. Seriously, I will get behind you 100%. Do you think I like palying an M-rated game like Gears of War and listening to some insipid 8-year old calling me the most racist, vulgar terms you can think of in a high-pitched voice? Hell no! I would love to find out who these kids are and then sue their parents and force them to follow the ESRB game ratings. I think most of the gamers over the years of 18 will agree with me. In fact, Jack, I will donate at least $100 a year to your legal team if you start going after the bad parents and not game developers.
As the constitution allows freedom of speech in this country, any other efforts are futile.
He did. He was cleared.
But parental rights are also protected. It would be even MORE of a nanny state if the gov started telling parents what they could and could not expose their kids too...
"He did. He was cleared."
That was years ago. Mal is talking about the current demand by the Florida Bar to get his head examined again. He retorted by going to a psychologist of his own choosing, and "neglected" to disclose any of his crazier antics...
make-a-the-world-go-round!
you bite your tongue off right now!!
Jack, you are an immature man-child. You don't do this for moral or ethical reasons. You just like hearing yourself talk and believing you have power over other people. The only people paying attention to you are your deriders and a scant few who have been tricked into thinking you actually care about children. It is only a matter of time before your perversions become apparent to even your supporters, and the whole world is turned upon you.
You are clearly a master of some dark charisma; why don't you put your legal and humanist skills to use in the service of Christ's will instead of this constant, inane, self-aggrandizing idiocy?
Buying prescription meds still requires a prescription
Buying booze online is like buying porn onine all you need is money, however the some states hate booze and try and ban it all they can.
drives me nuts I can't get out but I want to taste a couple wines and sake.
Oh, and by the way, when Moses got God's Ten Commandments, guess which one was the 9th one?
THOUS SHALT NOT BEAR FALSE WITNESS.
You know, where you don't condemn other people without evidence?
...
Human ignorance is terrifying.
You sure seem to harbor a good amount of hate toward large socio/ethnic groups (Americans). I thought you hated JT's biases and generalizations?
back on topic: Has anyone assessed exactly how much of a threat JT can be to Manhunt 2? Even if the FTC should investigate TT over their internet transactions (as unlikely it is), it seems the timeframe will be longer than that of Manhunt 2's release date.
I'm still curious to see which retailers will still refuse to sell the game. My bets are on Walmart and Toys R Us- just like with Bully.
Actually, its my opinion that Mr. Thompson obviously suffers from what the Diagnostic and Statistical Manual of Mental Disorders (aka "DSM-IV") refers to as a narcissistic personality disorder (NPD). This disorder, I believe, severely impairs Mr. Thompson's social and professional functioning and explains, in part, what you refer to as "a child throwing a temper tantrum when he does not get his way." Individuals who suffer from NPD often feel rejected, humiliated and threatened when criticised. As a defense mechanism, they often react with disdain, rage, and/or defiance to any slight, real or imagined. Much like a small child throwing a temper tantrum.
As the TakeTwo correspondent to Jack himself she must have the worst job ever, someone want to send her a muffin basket?
"hes getting as close as he legally (in his mind) can so he can push their buttons and get them to fuck up by having take-two fail on their part of the agreement."
He's like an 8 year old who's been told not to touch something. Who then gets that conspiratorial look in their eyes, and keeps reaching for it, only to pull back at the last second and shoots you a glance to see if you're reacted at all.
Sad.
Mr. Thompson's letter doesn't actually state a formal complaint on which the FTC is required to take some action, I believe. On my read, its more "advisory" than anything else (which was probably intentionally done to squarely avoid a claim by T2 of settlement breach). I'd cast slim to nonexistent odds that the FTC will pick up Mr. Thompson's ball and run with it on it's own volition. It's not like they ain't got nothing better to do.
"I’d like to take this opportunity to thank Gena Feist.
As the TakeTwo correspondent to Jack himself she must have the worst job ever, someone want to send her a muffin basket? "
here here and some candies too she deserves it
As the TakeTwo correspondent to Jack himself she must have the worst job ever, someone want to send her a muffin basket? " -Chris
Hey, Dennis. would there be a way that GP readers could thank Gena for her maturity in this e-mail exchange, because she really does deserve it. Like Chris says, muffin basket, or something. Even if it's just a thank you note on behalf of GP readers.
I don't hate Americans, I hate both parties (Republicans, Democrats). Nothing against the average American. Jack Thompson however, is not an average American. He's a Nazi Dick who doesn't know when to fuck off and die.
You've got my support on the muffin basket thing. Just tell me this, Who the hell is Dennis?
"An e-mail exchange between the anti-game activist and Gena Feist, T2’s VP and Associate General Counsel."
It appears that she is a member of the legal department.
Okay people, case closed: Jack Thompson is psychotic.
In all seriousness, this exchange of emails does make the man come off as an angry flamer on a messageboard who is mad because he didn't get his way and is arguing from emotions instead of facts. The fact that children can use their own or parents' credit cards to buy Manhunt 2 is NOT the responsibility of the industry. If a parent gives their child a card, he or she better durn well be monitoring that child's purchases. And if the child steals their parents' credit card to buy it, they need to be punished by those parents. This makes sense no matter your opinion of Manhunt 2.
Jack Thompson, is, of course, immune to facts and reason, but there's not really anything you can do about that.
Jack, you are such a joke; such a lame joke.
Do you really think making these mails public will boost your "cause"?
You are nothing but an ignorant zealot.
I'm going to have some good reading this Labor Day weekend.
On a side note, given that I'm a gamer who can't tell right from wrong, reality from simulator, maybe Jack Thompson is an arch villain in some crappy game I accidentally picked up?
If so, this game sucks.
Dennis McCauley, the editor of GamePolitics, thought everyone knew that.
Take Two, you really ought to litigate him. He'd lose his license in an instant, and libel and slander are both illegal and he does it all the fucking time.
I also don't quiet get Jack Thompson's apparent willing to try his cases in the court of public opinion. Is there actually a member of the public with a favorable opinion of him?
Go Jack Go!
As long as he is digging a hole, we might as well give him some dynamite.
Jack makes next to zero income from his "practice" of law. He's not the bread-winner in that house.
To Jack Thompson,
Shut-up and color.
Cause it's too damn ridiculous to ignore.
IGN: Obviously violent videogames have been in the news a lot recently. Could you tell us a little about your position on violent video games?
Yee: The bill that we have before the California State Assembly is to limit the sale of violent videogames and not allow that to happen to children, to say that if you are a child you cannot go into a store and purchase an ultra-violent videogame. So we're not talking about all violent video games, we're talking about a particular subset, albeit small, but an important subset. These are what we call the ultra-violent videogames. By that we mean those that are first-person, third-person shooter violent video games, virtual combat, those kinds of activities, where in real life they would be seen as a crime. It is those games that we are looking to limit [as far as] sale to kids.
IGN: How does your proposed legislation differ from what the game industry is already doing in terms of identifying content?
Yee: The industry has a voluntary system right now whereby they rate various games, "M" for mature audiences, "Adults Only," or for all ages. There is a rating system that the ESRB has established. The gaming industry has argued that the voluntary rating system should be sufficient to deter any [under-age] individual from going in and purchasing a game. The problem with that is that it is a voluntary system, and that voluntary system doesn't work. There are two reasons why it doesn't work. If the voluntary system works, why don't we have a voluntary system in the sale of cigarettes to children, the sale of alcohol or adult magazines to children? The reality is that just doesn't work. Secondly, by statistical data and anecdotal data, the Federal Trade Commission has reported that in 80% of cases you can find young people under-age going into stores and purchasing these games. We've got emails from students on school projects. In one case in the East Bay, they've gone out and in 50% of the cases they've been able to purchase "M" rated video games while clearly under-age. It simply doesn't work.
What our bill proposes to do is say to retailers, you cannot go and sell these ultra-violent video games to children.
IGN: Do you think that the gaming industry, via the ESRB, has done an adequate job in identifying the content of games? Under your proposed legislation, would the ESRB still be the ones determining what is mature or adults-only?
Yee: I think the recent revelation of the "hot coffee" mod for Grand Theft Auto raises some serious questions about the ability of the ESRB to rate games adequately. There are two problems with the ESRB rating. Number one: there is an inherent conflict of interest. [Companies] don't want their game rated "AO," they want it rated "M" or lower so that more people can buy the game. So there is a tremendous pressure on the ESRB to not rate [games] "AO." The industry is paying the [ESRB] to do the rating. Secondly, that Grand Theft Auto included "hot coffee" and the ESRB didn't know about it suggests to me there is a problem in the review process.
IGN: Rockstar is saying that the user-created mod introduces the content, and that Rockstar didn't put it in the game. There is, however, a lot of evidence that the third-party mod simply reveals what is already in the game. In either case, it could be argued that as shipped -- the game consumers are intended to use -- would not have that content available. Do you find that problematic?
Yee: We'll let the FTC and ESRB investigation ferret out who did what and who is responsible for what. What does concern me is that Rockstar is at least admitting that these elements were probably in there, but they disabled it. That was never forthcoming to the ESRB. At the very least what should have happened is Rockstar should have revealed that there are these embedded games in there. That's why I've raised concern about whether or not the ESRB has an appropriate review procedure to determine what's in these games and appropriately rate them. As it stands right now, if I'm a parent, I can't be sure whether or not the ESRB descriptor is accurate. I can't be assured that what I'm [told I'm] purchasing from Rockstar is exactly what I'm getting. The ESRB rating is a false one, and it has shaken the confidence of those of us who are parents.
IGN: It sounds like the focus here isn't even so much on that particular content -- however adult it may be -- but rather that in this case the rating system failed.
Yee: Exactly.
IGN: Right now the ESA, which oversees the ESRB, claims that its end is precisely to keep these games out of the hands of children. Where do you see them having an issue with your legislation? Obviously they see this as a challenge.
Yee: The ESA clearly is in the business of selling games and making money. That's just the reality of it. They're not a non-profit or a charity program; they're a business. They have to respond to their stockholders and their investors, and they have to turn a profit. They would rather there is no encumbrance on whatever they would do. The fact that we would somehow put some restrictions on these sales terrifies them. It is interesting that the ESA is opposed to any restriction when they've already said that the voluntary system works, that they don't sell "M" rated games to children. If that's the case they don't have anything to worry about. It is because it does not work that they are worried that their sales are going to plummet if our law is enacted.
IGN: Do you think there is an analogy here with the way movies have been rated? Or is this different?
Yee: It is. One argues, well, it seems as if the movie ratings seem to work, in that they prevent young people from coming into a movie that is not age-appropriate. Why not then use this voluntary rating system and apply it to videogames and call it a day? The difference is that it's two different social contexts. In a movie theater, if you walk in with an under-age child, there are all kinds of glares, whispering -- there may be someone so offended that they get up and see the manager and say, "there's a child seeing an adult movie." You can be sure the manager is going to come in and escort the child out and reprimand the parent. When you go into a video [game] store, you walk up as a young person, you pull that game off the shelf, you pay the money, you walk out -- nobody watches you, nobody's glaring at you. That's why in the theater the voluntary rating system works, but for ultra-violent video games, it doesn't work.
IGN: What is your general perspective on the gaming industry right now?
Yee: As a whole, I have a lot of respect for the gaming industry. I applaud it for its ingenuity, for its creativeness, for its entrepreneurial attitude. I am absolutely amazed as to how far and quickly this industry has matured over the years. Each year the graphics are more life-like. For children, it's a great teaching tool in the right hands, with the right content. Unfortunately there is also adult material in many of these games that is not appropriate to children. What I'm trying to do is be "hands off" with the industry. I'm a strong First Amendment supporter, and I don't want to inhibit any [of the industry's] self-expression whatsoever. As a parent, as a father, as a child psychologist I have a responsibility to my children and to other children to say that these adult materials, these ultra-violent activities, should not be in the hands of our children.
I'm the last one to limit people's self-expression. I don't think we in government should define what's appropriate or not, what's tasteful or not tasteful. That's the last thing I want government to do. But for the sake of kids, I think we do have a responsibility to come in and protect our children.
The problem is that the ESRB's system is failure unlike the MPAA's system.
Ben
~Otaku-Man
They cut off my cable.
Has he ever actually done his lawyering to make money? I was under the impression that his wife (also a lawyer) is the one who actually does for-profit work.
Ignoring Thompson emboldens him. He considers it a win. In fact, in my opinion he is one of the main reasons being a gamer was given such a negative stigma that we have been trying to overcome to begin with from all the times he was ignored blaming video games for Columbine and other school shootings. He was never really contested by the industry from what I remember back then.
Many, many moons ago, Jack Thompson did actually hold real world jobs. However, he tended not to last long in them. Couldn't "go along, get along." That's NPD for ya. More recently, he's been what he himself refers to (perhaps a bit too charitably on his part) as "a stay-at-home Dad."
Thompson's fervor against video games, the industry that crafts them, and those of us who play them is, at its root level, based on the fact that he believes he's right. It doesn't matter whether we're shockingly vulgar or speak with a blinding elloquence -- it's all the same to him. We're wrong because we believe he's wrong.
It's incredibly frustrating.
I try to take solice in the way he continually discredits himself, or the fact that eventually the controlling generation in the government will be based on people who have grown up with video games and can perhaps judge them better than those who scoff from the outside, having never once intersected with the medium they criticize... but it's hard in the face of such willful, boistrous and uncaring verbal abuse.
...
Man, that was a long sentence.
That already happen he was found sane and now goes off says all the time hes the only sane lawyer around
My opinion on the worth of Dr. Wunderman's evaluation of Mr. Thompson:
There is strong evidentiary support for the assertion that Mr. Thompson has misrepresented his reason for referral and presenting circumstances to Dr. Wunderman. Indeed, in direct contradiction of Dr. Wunderman's statement with respect to the Florida Bar's current alleges against Mr. Thompson (see full Wunderman Report available at gamepolitis.com as a posting by Jack Thompson), I confidently state my assertion (based on my thorough review of all know places where current Florida Bar allegations against Mr. Thompson can or should be found) that he is not alleged by the Florida Bar to currently suffer any mental defect or incapacity that would render him unfit for the practice of law nor is he alleged by the Florida Bar to be in any way obsessed with anything. If I am correct in my assertions as to the proper understanding of the current allegations of the Florida Bar against Mr. Thompson and Dr. Wunderman's assertions on the same point are incorrect, then the conclusion necessarily follows that the very basis from which Dr. Wunderman proceeds to conduct his evaluation of Mr. Thompson (i.e., Mr. Thompson's "presenting circumstances") is, by virtue of him being incorrect about Mr. Thompson's actual presenting circumstances, fatally flawed. If so, any conclusion drawn by Dr. Wunderman from his evaluation of Mr. Thompson -- regardless of the specifics of that conclusion -- is, I would assert, also necessarily fatally flawed.
You can fairly think of Dr. Wunderman's evaluative process as being much akin to computing: Garbage in, Garbage out.
"Correction: YOU need people like Jack Thompson and President Bush. You Americans are so scared of Communism you put Nazis in the Government and the Legal System."
Pfft. I sure as hell didn't vote for Bush. I'm ashamed and disheartened that he managed not one but two outrageous elections, destroying our international reputation and goodwill in the process.
You can thank the bible-thumping blue states for that >_
If I recall correctly, it turned out that the Christian preacher doc was not in fact the same as the one who administered the test.
Google failed us.
It's good to know you didn't vote for him, but he's still in power. For the moment.
"Don’t waste your time. Sake is terrible."
Bite your tongue! =P
(Sorry for the double post, stuff is piling up way faster than I can read/respond)
Jack, regarding the issue of the credit card. Yes, kids can get a hold of their parents' card and buy something they shouldn't have. But why is that the fault of the manufacturer or retailer? Answer: IT'S NOT! It's the fault of the parents. You know about responsible parenting, right Jack (You should, seeing as you have a son and all)?
And what is Take-2 doing that other online retailers aren't? What if some 12-year-old kid uses his dad's Visa card to buy a copy of the Unrated version of Saw III online? Would you start reprimanding Lions Gate for distributing the film and Amazon.com for selling it to him? I SERIOUSLY doubt it. But as soon as games are involved, you get litigious with all the wrong people. Hell, you'd probably send an email to Visa, too, for making the card!
You want a double standard that applies only to games, Jack. If Take-2's method of Age Verification is flawed, that other sites using it must be flawed as well. How about a site that sells firearms online that also uses the same credit card age verification as T2? Last time I checked, it is still NOT a felony to sell M-rated games to minors (partially thanks to you, BTW) but I'm pretty certain it is illegal to sell guns to a minor. Why don't you go bother them first, than come back to us?
Oh, and making these emails public when you're correspondence with T2 was supposed to be kept private? Do you understand anything about your settlement or did you just get tapped in the head as a child one too many times?
I dare you to respond to this Jack, but I know you won't because you're a gutless coward who can't stand being proved wrong, and even if you did, you'd just be your usual stubborn self and claim your lies are true despite the overwhelming evidence to the contrary.
Apologies to the length, all, but sometimes you just gotta vent.
Now that deserves a medal. Dennis, send one muffin basket to Miss Gena and one Distinguished Service Cross to A-wel Cruiz.
***
JustAnObservation Says:
August 21st, 2007 at 3:26 pm
Nightwing, you earlier mentioned that Teri Wunderman was a minister as well as a psychologist. You acknowledged at the time you were not sure if its the right person. Afterwards, it was revealed that the psychologist was Oren Wunderman and yet you claim a conflict of interest based on another persons religous beliefs.
I personally don’t think Jack is mentally disturbed, I think he’s a jerk. Just because someone can troll forums, holds strong opinions that run contrary to groupthink and can act in an unprofessional matter doesnt mean he’s a mental.
***
Maybe I missed something, but I don't want us to become like Jack and start making inferences based on faulty evidence.
The difference is that it’s two different social contexts. In a movie theater, if you walk in with an under-age child, there are all kinds of glares, whispering — there may be someone so offended that they get up and see the manager and say, “there’s a child seeing an adult movie.” You can be sure the manager is going to come in and escort the child out and reprimand the parent.
...what country is this guy seeing movies in? It sure isn't the United States.
Um, I'm pretty sure God himself could descend from Heaven and say, "Look, Jack, I'm getting pretty tired of coming down here. Relax, unclench, take a laxative, you have a family, spend time with them; Get a career instead of this circus-puppet-show thing you have going. The disciples are throwing a Halo3 release party and if I have to miss it because of you, so help me, I'm totally going to rain frogs on you."
And assuming he was still capable of powers of speech, he'd probably accuse god of being a "game industry stooge". No one can run him off from here, less he decides to leave on his own account. Well, maybe Dennis.
Thank you, but could I also get a muffin basket, too? I like muffins! :)
lol wut?
Republicans = red
Democrats = blue
They give us a glimpse into what T2 is thinking.
Miami Jack, well, it's just the same old bluster...
Why does your 15 year old have a credit card? I'm pretty sure minors cannot have credit cards, just like minors cannot have bank accounts, except when they have a guardian as a custodian for the account, in which case it is really the guardian's account, with the minor's name tacked to it. In that case, wouldn't you effectively be using your own credit card to buy the game online? Further, if you think the game is harmful to your children, why not try being a responsible parent and participating in your children's lives rather than trolling people who actually work for a living?
Don't push your luck. A DSC is more than most people get.
You purchased Manhunt 2 and it's not even out yet. I smell more lies.
I was a little surprised when I read that, too. I have not once seen that happen. Ever.
I think he may be referring to NC-17 movies here, but the fact that he is making a sweeping claim about the MPAA vs. the ESRB based on a relatively small portion of movies is a bit absurd.
If he said, "AO rated games are sold to minors all the time, whereas almost no kids get into NC-17 movies", that would be more appropriate, but less relevant. As we have seen from the Manhunt 2 episide, almost no games are AO.
So, if we want to do a normal comparison on R vs. MA games, then we would find that a significant number of parents take their teenagers to R movies AND buy them MA games. While I do think its easier for a kid to get an MA game than it is for a kid to sneak into an R movie, once the movie is released on DVD that difference likely evens out.
He did what? Now you have got to be joking. My predictions DO NOT COME TRUE DAMNIT!
Thank you for letting your issues with Take Two become a public matter. It means more publicity for Take Two, and thus more eventual sales for Bioshock and games of the Grand Theft Auto franchise.
I am personally glad that more consumers (of all ages) are able to enjoy these gameplay and artistic achievements in videogames.
Because of your actions, I am glad to know that more people know about Take Two's published games and are experiencing them firsthand. It is refreshing to know people are playing artistic masterpieces like Bioshock, and it is comforting to know that consumers are playing boundry-pushing games like Grand Theft Auto, thus enabling many future games to be crafted even finer to achieve satisfying the overall rise in expectations that audiences will learn to accept in videogames.
You may not realize it, but you've done us gamers a favor.
Thank you, Jack Thompson.
Pity she didn't care to comment. I suspect there are more then a few out there who would've liked to hear what she'd have to say.
Who, Gena?
Don't go there. Please don't go there. I'm already confused.
Who gives Thompson real attention anyway?
I was wondering how long it would take him to break his agreement. And as a side note, I'm calling it at 4 Months and 9 Days. Everyone should check their betting pools if they've got money riding on when it would happen. Otherwise, just be happy that Jack did last more than 1/3 of a year without messing up the agreement.
Yeah tell me about it... only to me it's more like a semi-daily comic. (Since his antics are usually LOL-worthy anyway...)
Wow, I'd reply to more but that's 200+ posts before I even got here... and what's the point? Ah well.
Er yes. Brain fell asleep there X.x Should have read "bible-thumping RED states".
@ Apex Slug
Honestly, in my experience it is MUCH easier to get into an R movie than to buy an M game (as a sub-17). A friend of mine and I were seeing R movies on a very regular basis since we were 13 by simply buying tickets to a PG-13 or lower movie that started at approximately the same time, and then slipping into the theatre of the movie we wanted to see.
The big difference is, there's someone of authority (retail clerk) watching you at the moment you try to break the rules when you try to buy an M game. When you try to slip into the R theatre, you've already had your ticket ripped and are no longer under observation, making it completely trivial to walk into the movie of your choice.
I four years of movie-going with this method, we were unable to pull this off ONCE.
What I hate is the fact that the UK is standing behind these idiots in charge of America. Month after month there are reports of American troops knowingly killing British soldiers, Jesus, how do you mix up professionally trained troops with rag tag Iranian funded mental cases? And yet the American government shields the morons responsible from UK inquests.
On topic: Jack Thompson is a psycho, there's no other way to describe him, it's about time someone revoked his right to practice law since there is no way in hell he is fit to be a lawyer, he's obsessed with Take 2 and that's not a trait a lawyer should have
Yep, we're lucky to have the uncharismatic git who I'm starting to think was put together in Jim Henson's workshop. If anything, we owe him.
Dennis, I'll take that DSC medal. Send my muffin basket to Jack. He's earned it. ;)
There's not really much we can do about JT or our lads being shot up in Iraq. Well, we can wait until a Democrat is president. That says goodbye to JT. And we can wait until we hand over that last province to the Iraqi Forces, that's us out of Iraq.
I suppose we have to wait then.
"Who gives Thompson real attention anyway?"
That's the sad part. We are an educated minority; the vast majority of the non-gaming, VOTE CASTING, uneducated public simply hear "now we're going to hear from school shooting expert and activist against youth violence, Jack Thompson. Jack, can you tell us why this terrible tragedy occurred?"
We can't ignore Jack because the masses don't know that they should. We have a responsibility not to let him get away with the garbage he tries to spew.
"All that is necessary for evil to triumph is for good men to do nothing."
I know you're entitled to free speech and whatever, but what you just said makes my blood boil over. JACK THOMPSON IS A FOUL, WRETCHED EXCUSE FOR A LAWYER AND A BLOODY SLIMEBALL OF A HUMAN BEING!!
Thompson shall not communicate on his own behalf with (i) any Take Two Entity... in which he (a) accuses, claims, or asserts that any Take Two Entity has engaged or will engage in wrongdoing based on the sale or distribution of any game designed, manufactured, distributed or sold by any Take Two Entity, or (b) accuses, claims, asserts, or contends that any such person or entity has engaged or will engage in any wrongdoing base on or arising out of such sale or distribution, or (c) threaten any kind of action against such person or entity base on or arising out of such sale or distribution. Nothing in this paragraph shall be construed to limit in any way Thompson's right to criticize the content or distribution of any such game.
Translation: Thompson can bitch about MH2 all he wants, but asserting that they don't use age verification can easily be construed as accusing them of wrongdoing, and therefore in violation of the agreement he signed. He also agreed that should he violate the agreement, TT has the right to sue him again. And if Thompson believes this to not be the case, then he signed a legal agreement in a court of law in bad faith. Which I'm sure will look REAL good when he goes back before the judge...
No one (or very few) is arguing that the content is unsuitable for children. The argument rests on whether or not it is:
A) Constitutional to restrict this form of speech to a minor
B) Promoting violence within children (empirically verified)
C) Better to use an industry standard (ESRB+parents) that costs the tax-payer nothing or a establish criminal penalties to enforce restriction instead.
I fail to recognize just what makes this man such a 'FOUL, WRETCHED EXCUSE FOR A LAWYER AND A BLOODY SLIMEBALL OF A HUMAN BEING!!' as you so put. These are slanderous remarks that I find to have no truth bearing behind them. Jack Thompson is only doing what is right, protecting our youth from playing such demeaning games. GTA was bad enough, but Manhunt is just a game about killing innocent women and children in cold blood.
Jack Thompson has every right to sue this company over the smut they put out, and I hope he wins his case!
I think I remember hearing that Bush enjoys the occasional Game Boy time. Or at least he did at some point.
The answer to (A) is pretty well-settled by a long (and growing) string of court opinions: UNCONSTITUTIONAL.
I had the same experience when I was a kid. For I time, I could get into R movies fairly easily.
However, it became more difficult as I got older, and now when I go to even a matinee I see clerks checking tickets at the door inner theatre itself.
My point was more about comparing apples to apple and oranges to oranges. If Yee wants to compare R movies to M games, then do that. He implies that a parent taking their child to an R movie would be ridiculed, humiliated, and kicked out for his indiscretion. That is simply not the case.
Plus Yee's post is from two years ago and the FTC and since indicated that the ESRB's system is working better and better.
That will be the last I speak to Gregarious. We're dealing with a misinformed troll we'd be better off ignoring.
I know - I just think its annoying when people argue tangential things rather than the core argument.
Gregarious' subjective opinions of a game's suitability for children cannot be used to establish policy as would appease almost no one.
There are god only knows how many articles on this site, and on the internet in general, of that.... mans bollocks. There are also several Racist remarks on a page in Wikipedia that are direct quotes of that bastard. We also know that he is completely unable to reply to critics in a manner anywhere near decent, and to top it off, he is nothing more than a bootlick to adolf fucking hitler!
They are obvious opinions. Opinions cannot be slanderous. Only facts can (and only "untrue" facts, at that). Were you Jack Thompson's study-buddy in law school?
You're a front man for the morality police aren't you. Oooo, look out, I'm about to commit a thought crime... *ahhhh* Uh oh, now I'm handing copies of "Mein Kampf" out to children... OoooooOOOooooo. Better arrest me.
If you don't want your kids playing Manhunt, here's a thought. Use this tool I like to call "NIMH". Not In My House. However remember that just like you wouldn't want me dictating to you what you can or cannot have in YOUR house, don't tell me what I can and cannot have in mine.
I agree. I've stated my reasons, I will say no more.
*sniff sniff*
Mmm... troll, with just enough sarcasm to not make it blatantly obvious.
"If Yee wants to compare R movies to M games, then do that. He implies that a parent taking their child to an R movie would be ridiculed, humiliated, and kicked out for his indiscretion. That is simply not the case."
What's really funny is that while he extoles the virtues of movie theatres restricting kids from entering R rated movies, he COMPLETELY ignores the fact that kids are twice as likely to be allowed to buy an R rated DVD than an M rated video game.
The video game retailers are cleaning up and have gotten their voluntary enforcement up to the level of theatre owners, which Yee has praised as the "gold standard". But movie & music retailers have done nothing. Yet he still bashes on the VG industry.
You're so wrong on so many levels.
First of all, no, JT is not doing what is right. He's harassing a private company for random and inane reasons. He's insist that this product is being forced on children when the issue is parenting and parental responsibility, not game sales.
Second of all, if you didn't like GTA, that's fine, but that doesn't make it bad. However, Manhunt 2 is not about murdering women and children for no reason. If this was something you cared about, and not something you just like to run your mouth off about, then you'd back up your claims. Considering all of the enemies in this game are trying to kill you first, I'd say that 'cold blood' is not an apt term to use at all.
No one is disagreeing with you for not liking the game, but to claim that people should be smitten by your Greek Pantheon of gods because you think the game is bad is just terrible.
Furthermore! I'm willing to bet that you're just JT under an alias because no logical person would insist that you sue someone for disagreeing with someone, let alone Jack Thompson who often insists on controversial and slanderous and unprofessional behavior.
"I’m willing to bet that you’re just JT under an alias"
Nah. Unlike us puny mortals, GP can see IP addresses in his filter. He'd know.
It's just another fanboy of insisting that anything that doesn't conform to their morality shouldn't be portrayed in media. Or pretend that adults can't make decisions for themselves.
I hate those people. Bloody stuck up "holier than thou" jerkwads. The kind who will insist they are Christians, but then pass judgment on you. Makes me sick.
its not about the game anymore. it never really has been in my opinion. i really could care less about the game but what i do care about is censorship. you stamp down "banned" on something and you open pandoras box. soon after that, someone wants something else banned because it doesnt fit their standards, and they begin to throw out "banned" on another game. and then someone else wants another thing banned because they dont like it. and then another, and another, and another. what you end up with is a real shithole of a problem because all of a sudden you realize that someone wants something YOU want banned.
"So.. now what?"
Now... We DANCE!
*cue polka music*
Ohh. I don't like polka. I'm gonna be a weinee and harrass the guy who invented it waah waah.
Can we do the Mexican Hat Dance instead? Da da da da, da da da..
"Dennis McCauley “forgot” to publish my email in which I noted that my 15 year-old son’s credit card was used to enable him to buy Manhunt 2. That’s some age verification system Take-Two is using, isn’t it?
Note that she does not rebut the fact that credit cards cannot be used as age verifiers, and that to do so violates bank card agreements."
One small problem with that Jack, MANHUNT 2 ISN'T EVEN OUT YET!!!! And thanks for admitting to being an irresponsible parent. You just admitted to giving your son a credit card to purchase a game that isn't even out yet, or did you make him purchase that game t o"prove" your point?
Also, she gave you a link that should have said all you needed to know. No one forgives willful ignorance
(You didn't see my many rants against the fucker, but he is a nazi)
"Dennis McCauley “forgot” to publish my email in which I noted that my 15 year-old son’s credit card was used to enable him to buy Manhunt 2. That’s some age verification system Take-Two is using, isn’t it?"
That's some parenting you got going on there Jack, isn't it?
I thing i recall is that minors can't have full control over a bank account. Any bank account opening in a minor's name must also be partly owned by a parent or guardian. In other words, even if the account is under the child's name, the parent is responicible for the account; such as having the power to view bills and cash checks for the child. Overall, anything your son buys with his credit card will be on the bill that YOU the PARENT will be able to see. If your child is buying anything you don't want him too, you will know about it. Furtharmore, using a credit card and minor can buy many things online, including pornography, aside from lying to an "are you over 18" question there isn't much stopping your son. Really, if you can't trust your child with a credit card then you shouldn't buy your child a credit card in the first place!
As the e-mail says, credit cards are reconized by the government as a form of age verification because a minor can not own a credit card without their parents consent.
He's blithering about the ability to buy "M" games from TT directly, through their online store (which is actually run by Yahoo). They ask for credit card info, and state:
"Some items for sale on this website are not yet rated or are intended for mature audiences. You must be 17 or older to purchase items rated RP or M. By ordering such items, you are certifying that you are at least 17 years of age."
If you lie about your age, you are in breach of contract, and must give back the game (in exchange for a refund I suppose). State laws support such "clickthroughs" as proof of age, because some forms of contract are legally binding even on teens.
That and it's a violation of the agreement you signed with the credit card company to allow anyone but the cardholder to use the card. So it's 100% the parents' fault in violation of contract if the kid uses it to buy a game...
Minors cannot legally contract. Any contract with a minor is unenforceable. Contracts underlie all credit card arrangements.
Dennis, I’ll take that DSC medal. Send my muffin basket to Jack. He’s earned it.
Why, so he can get sued for harassment? I think he'll take a pass on that one, but thanks for offering.
@JackDontKnowJack:
Love the handle (speaks the truth!) but anyway...
"Were you Jack Thompson’s study-buddy in law school?"
Jack had friends? I mean real ones, not imaginary. Sorry the whole notion makes me LOL, that's all.
"Dennis McCauley “forgot” to publish my email in which I noted that my 15 year-old son’s credit card was used to enable him to buy Manhunt 2. That’s some age verification system Take-Two is using, isn’t it?"
You forget that by signing your son's credit card application as his legal guardian, you are claiming all responsibility for anything he does with that card. Debts, purchases, etc.
You also explicitly allow him to use it for age verification, since anything he now purchases is clearly done with your permission, or else you wouldn't have given him the card right? It's no different than sending him to the store with a letter saying "I give my son permission to buy an M rated game", since minors can't (legally) have credit cards in most states without parental consent.
and another thing: if you honestly feel that these games are aimed or sold to kids or whatever then you need to ask yourself what the source of the money these kids use to buy these games is. dont lie to me or to anyone else here because there is only one answer to that and if you dont like it, tough shit: the parents. you give a kid $60 or so for a game without monitoring how your kid spends it then you have no right to point the finger at the industry or the retailers whatsoever.
give a kid a fair amount of money and let them do whatever the hell they want with it, what do you expect to happen? you think they are gonna blow it on ice cream and disney movies? hell, you dont care. why should they follow rules that dont exist? if your kid has a job and makes his own money, then you should be teaching him to respect the fucking law.
“Dennis McCauley “forgot” to publish my email in which I noted that my 15 year-old son’s credit card was used to enable him to buy Manhunt 2. That’s some age verification system Take-Two is using, isn’t it?”
Good going, Jack. Now tell your son to purchase a gun from a firearms website that uses the same age-verification system and give them some grief for a a change.
Give the muffin basket to me. I'll forward it to that woman (Gena something) who has to reply to JT's e-mails.