
Controversial Miami attorney Jack Thompson has indicated that he plans to file a video game-related lawsuit today against electronics retailer Best Buy in Miami-Dade Circuit Court.
Thompson, embroiled in an increasingly desperate struggle with the Florida Bar to save his law license, asserts that Best Buy is selling M-rated games to minors.
He will base his suit on Florida’s Deceptive and Unfair Trade Practices Act which he claimsthat Best Buy is violating by offering M-rated games for sale on its website. In a letter to the retailer's corporate counsel, Thompson writes:
Best Buy, despite promises made to the American people and to me personally, has continued to sell Mature-rated video games to children under seventeen years of age. Best Buy has been doing this at its cash registers here in Miami, Florida, and it is presently doing so, this very moment, at www.bestbuy.com, as it sells Mature-rated games to anyone of any age with no real age verification whatsoever.
This constitutes a Deceptive and Unfair Trade Practice, under Florida and other states’ laws, because your company/client has been telling the public it age IDs buyers of such games who appear to be 21 or under while in fact it does not uniformly do so...
Thompson also indicated that he will seek to make the lawsuit a class action, which would require him to locate other plaintiffs.
GP: Best Buy's online sales practices are similar to those of other video game retailers. The assumption is that most under-17's do not possess a credit card. The Federal Trade Commission, by the way, deems the use of a credit card as acceptable proof of age in online transactions. From the
FTC website:
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:
...accepting and verifying a credit card number...
Moreover, Best Buy's website is probably the strongest in terms of content awareness among any of the major video game retailers. ESRB ratings are prominently displayed as are content summaries from watchdog group Common Sense Media.
Comments
And Jack, the proof that you're an irresponsible parent is...what kind of responsible parent would let their 15 years-old son borrow their credit card. I lived long enough in an high school to notice that 15 years-old aren't mature enough to use credit cards correctly.
And I wish that he will be disbarred. Because even if someone more competent takes his place, this person will probably more sane, more reasonable, will probably not insult the gaming community and (most important), will actually listen to the gaming community (this would lead to better debates and more compromises). If his successor isn't all this, he'll also be bound to be disbarred.
By the way Dennis love the site one of the first ones I read at work in the morning keep up the good work.
First, Jack is CONSTANTLY announcing that he's "going to" file this suit, that suit, or the other... if I had a dollar for every lawsuit he threatened and never followed through with, I'd probably be quite well-off. This is really not newsworthy, IMO.
Second, and much more important. There is a concept in law called the vexatious litigant. This is a legal standing that can be levied by courts as a punishment to people who use the law as a weapon against anyone who they think wrongs them. Lawyers are exempt from being declared a vexatious litigant, but Jack Thompson is soon to lose that protection...
What being labeled a vexatious litigant does, in short, is that the person is no longer allowed to file lawsuits on their own behalf. Depending on district and rules, they must either contract a lawyer to file for them, and/or ask permission from the court to initiate any new proceedings.
*A few minutes later, after checking* It seems that Florida instituted a Vexatious Litigant law in 2000. Under the Florida version, any pro se (non-lawyer filing on their own behalf) that loses 5 cases within 5 calendar years (excluding Family Law and Small Claims) may be required to post a bond equivalent to the Defendant's estimated legal fees; failing the posting of said bond, the pro se will be barred from litigating.
This law is still active as of 2007; it is §68.093.
To the esteemed Mr. Norm Kent, I suspect that you are already familiar with this law, but you may want to brush up on it... you may need to reference it soon.
Man i have to play violent video games to vent and get out my frustrations..and thats why i love saints row now....Damn is it fun getting my gang together and killing cops and the fbi and swat guys for a hour or so while listening to some Jojo...Nothing is more relaxing then that
Does anyone else see the evil of this?
For Thompson to do his crazy thing is one thing, but the fact that he's dragging his son into his crazy world just strikes me as terrible.
I really feel incredibly sorry for the kid. Who I imagine is quite brainwashed at this point, or at the verge of quite a rebellion.
"Protect the children," huh? Right.
JT and Roy Pearson, the Pantsless Lawyer, can do a tag team lawsuit against Best Buy and GamePolitics! BestBuy for breaking it's promise to him by selling his son a game that he sent his son in to purchase (and therefore he had his parents permission to get), and GamePolitics for making him seem so gosh darn silly!
Roy will be helping JT because, lets face it, JT makes Roy look good.
You must understand that responsibility needs to fall on the parents. When you take on these fights you take responsibility from parents and place it on the government. It is painfully obvious you haven't a clue how dangerous this is.
I don't understand why government even needs to be involved with situations such as this. Calling on government for silly things simply increases the scope of a government that has already overreached it's scope. Consider all the public money wasted on garbage such as this and then consider all the public money wasted by the government when they try to control every aspect of society in an effort to create a more comfortable and perfect society. Trying to create a utopia is a bad idea because a perfect life is different to so many people it would be impossible to include everyone. This country is living beyond it's means and it is because of people like you Jack.
Who is going to pay for all of this? The children you are trying so desperately to protect. They will inherit a huge debt and a cluttered system long overdue for a reform.
Stop fucking up my country. Asshole.
Sorry jack, but one would have thought you'd have learned by now. Best buy will have you crushed and a bar complaint on your ass in a few hours after you file the suit.
@Yuki
He already has it.
Not only that, but are we going to see more Norm Kent's once Jack's license is revoked? I'm pretty sure Mr. Kent isn't the only person that Jack has slandered/libeled/produced flat out lies about. It'd be interesting to see the tides change when individuals and groups are allowed to use the justice system to punish Thompson for producing some of the most slanderous statements by a so called "professional".
And seeing that the use of a creditcard requires adult authorisation, online sales are still legal.
So....no law has been broken whatsoever.
I will bet this case will be thrown out.
You'd hope so. The flip side is that he may post on here more than he does now.
You're damn straight that Norm isn't the only one Jack has lied/slandered/libeled on. Dennis is the second best example.
Attorney Attacks Windmill
Water Is Wet
Sky Is Blue
Prove that they indiscriminatly sell non-illegal goods to minors.
There is a policy in place, true it might not be perfect, but it is there.
Sales on the net with credit cards don't count since the parents must give their approval for use or ownership of the card anyway.
http://gamepolitics.com/2007/08/31/take-two-warns-jack-thompson-over-man...
I believe her answer to this very complaint made to them was:
So yeah, I don't think this will go very far.
I don't really care about Jack mouthing off on GP since we already know what state of mind he is in. When he spews his vitriolic dog crap to the media, he might just catch the ear of someone who happens to believe that vitriolic dog crap needs legislative action. The same goes for his inane lawsuits and other attempts to restrict the First Amendment. All this legislative action doesn't happen for free though, most of it is paid for by the public's dime. Yes, while Jack's attempt to legislate violent video games in Louisiana was a complete and utter catastrophe, it did use up unnecessary taxpayer money in the process.
That's one reason why all this verbal garbage has got to stop, and I can only hope that a disbarment would end the flow that originates from Jack's mouth. Does anyone know if a disbarment decision can include prejudice similar to a court decision? Just to show that Jack's behavior is unbecoming of a professional (which he laughingly claims to be), and the decision to revoke his license is just and thoroughly so. I know that's a bit of a stretch, but we all know that Jack is going to claw and scratch in order to get his license back if (when, actually) it is revoked.
Jack, you're done. You know what's gonna happen when you lose your lisence? Those all dissapear. Poof. Gone. And with your credibility as a human being lost, no one will ever give a rats ass about your decade-long lost cause.
Yeah, i know. Reality's a bitch. Welcome to LIFE.
But I guess he'll do anything to get headlines. He already knows he won't win this case, but as long as people keep reporting on it he'll keep doing it.
"I just want to get things straight, once he is disbarred, all of “this” stops right?"
I believe he will need to pay for legal representation in order to create any suits against people which will severely cripple his ability as who in their right mind would want to assist an ex-lawyer whose frivilous lawsuits cost him his own right to practice law?
As to whether it will stop him from makin threats of legal action is another matter... That said, I have no idea of the legality of him doing so when not a lawyer representing hims client (usually himself). I also suspect that individuals and companies would be much more inclined to counter sue him when he has to pay for his own lawyer as multiple lawsits might well force him into bankrupcy.
Soon enough (end of the year?) we will see all this come to fruition and he will have had his wings clipped. I doubt even Fox News would risk touching someone when the counter argument starts with "THIS is the man you put up against me on this News Channel??? He's can't even practice law anymore!"
Oh, and there will be another defendant in the suit. Can anyone guess who it will be?
Chicken Little.
I have said it before and will say it again...
What is with your hypocrisy and selectivity about this "age verification" issue?
I already pointed out where you FAIL IT in terms of selecting specific retailers out when A GOOD MAJORITY of retailers HAVE THE EXACT SAME SYSTEM IN PLACE!
Both Sears and Walmart have the same "age verification" setup for crying out loud! Seriously, out of all the retailers out there, I really wonder why Jack has such a hard on for Best Buy...
Hummm, I also wonder just how those legal those unofficial stings are, and obviously question the person behind them(i.e. how many Best Buys and other stores did they hit that turned them away?).
"...who in their right mind would want to assist an ex-lawyer whose frivilous lawsuits cost him his own right to practice law?"
Good point, but as Ted Dibiase used to say, "Everyone's got a price".
Two, if JT is disbarred it will NOT mean under any circumstances that he must stop filing lawsuits. Anyone can file a civil suit - hell, I've filed one before. And he knows more of the ins and outs necessary to go after big targets like Bestbuy.
(Anyone can file a civil suit, but lack of expertise isn't an excuse for not filing the right motions. The exception is small claims, ; judges in small claims are instructed to give parties a break as far as enforcing paperwork rules goes, to make the process less harrowing for the average joe.)
Being disbarred DOES mean that he can no longer under any circumstances imply he is a lawyer or offer professional legal advice. Doing so is probably illegal. He also can no longer be considered as an 'expert' in any legal proceedings because he doesn't have any professional credentials. Without some sort of professional license he's not necessarily any more versed in any matters, especially video games, then some of the posters here.
Nope, his past and current actions shows that he is going to do even more stupid stuff.
So I wouldn't count on this being a quick issue, and in all the only people being hurt by his current & future crazy actions are his family and himself.
Those who don't want to admit they have problems and openly seek help are going to keep on their path of personal destruction...
Practice what you preach, Jacky Boy: Grow up and get a life.
I was just going to bring that up. To be honest, I had hopped it would have stayed burried.
Thompson might try "Best Buy has increased sales from parents that would not shop at Best Buy if they knew that they do not respect their age verification policy, that is how they lie to their customers" but in the eyes of the law this might be a stretch.
Hasn't he tried this before? Jack, no matter how many times you try, that round peg will not fit in the square hole. Video games are not illegal, nor should they be.
The only thing Jack has really done is show how busted our legal system is.
And this is probably one of the reasons he is going after Best Buy. If he actually wins (Not gonna happen, but Teddy Rosevelt won against the biggest Trust of them all in his day as his first case) he'll have leverage to use against every other retailer in the country.
it's square peg, round hole. (round into square can fit)
I think personally we should take legal action against the person who sold Jack Thompson a loud hailer.
I don't know why he keeps at Best Buy. This has a similar ring to one he filled before. Remember that one? The one where he said lawsuits would fall on their offices "like snowflakes?" Last I checked, they weren't digging themselves out of paper. Again, more huff and bluster. BB would do well to ignore him by now.
@ Majestic_12
I'd like to think so. Still, he can't stop filing as a private citizen. But as Chuma said, after he's disbarred, who would touch him? Other than the gay porn filings, one would only have to look at the reasons why he was disbarred to see that the guy's not playing with a full deck. And the courts will be more likely to dismiss any suits he files out of hand than they did when he was still a lawyer.
Jack has always successfully split hairs when it comes to libel and slander, as has been pointed out, you have to be able to prove malicous intent on the part of the one making it. In the past, Jack's been able to successfully avoid being directly accused of it, but this time in regards to the National Gay News site, I think he slipped up finally. Not to bring up a video game reference, but I think Norm Kent's got him dead to rights. ;) Dennis might too, if for no other reason than stalking and harrassment.
Is there any possibility that part of his disbarrment will require a psychiatrist appointment with one that doesn't know him already (that is personally, impossible to have missed JT in the news and all by now) and would likely put him in a mental home after being informed of JT's history?
You also forgetting the expense. It's easy for Jack to throw this crud around because his a lawyer: He doesn't need to hire anybody, he just does it himself. Once he's no longer a lawyer, he'll have to hire one to do his dirty work. I doubt any new job he gets will pay enough for him to keep his antics up, he'll run out of cash eventually. And then there's nothing he can do.
Ow... that hurt.
From what I can gleam--Jack Thompson absolutely does not believe that credit card transactions and a simple "I agree I'm 18 years of age" is valid "proof of age" verification. FTC may say otherwise, but Jack--essentially--thinks FTC is wrong.
This is going to be the key factor for the entire suit. Jack wants the courts to say "Yes Jack, you're right, a credit card isn't good enough" and go and slap FTC in the face.
...As to why he targets Best Buy: It's an simple target, it's big, it's nation-wide, and its one of the highest sellers of video games. A smaller company with little-to-no legal capacity wouldn't grab the attention necessary for other people to take notice of the suit, as Dennis has.
Jack, in his own mind, is a brilliant strategist. Now if only those pesky gamers would stop calling "Bullshit" on him, he'd have it made!
Unfortunately, I'm sure Jack will always have a job waiting for him as one of the esteemed "legal consultants" employed by Fox News.
"(...) and it is presently doing so, this very moment, at www.bestbuy.com, as it sells Mature-rated games to anyone of any age with no real age verification whatsoever"
Why does this statement encompass only "games"? Could an R rated DVD not also be purchased? A CD with explicit lyrics? Why focus so blindly on videogames, when material that is not suitable for children can be found everywhere?
Television programs even have ratings. I wouldn't want a 5-year old child watching a CSI autopsy, or nip-tuck. That's why the rating system is there. Just because parents don't take the time to learn what ratings mean, doesn't mean the ratings are misleading.
Video game consoles today have better parental controls than most TVs and DVD players anyway. So even if you think the ESRB is Satan's HQ on Earth, just set the console to block Mature games. Then when you blow $60 on a game for your kid without knowing anything about it, at least they won't be able to play it.
And pick up Viva Pinata or download Uno or Frogger. Sit down with your kids and learn what they like and why. It's called parenting. Try it.
And in other news:
Food is still a substance you eat.
Water is still something you drink.
The sun still rises in the east and sets in the west.
More at 10.
@Dog Welder: All too true, though it's more a technicality than anything. His Bar cert is the difference between him being an outspoken game-hating attorney and an outspoken game-hating lunatic.
Scott is right on here. It's a completely idiotic strategy to employ here, since he has no chance of winning, but that has to be the theory behind it.
In the end, this is just another /yawn on the way to the November Disbarment Celebration.
By now he needs a mining drill.
By the way Thompson, please, go right ahead, back up the court system more and waste more of our tax money.
I agree with you.
@ Jack Thompson
Jack, you have no case. You have officially lost your so-called "war" or "Crusade". You are on the verge of losing your license to practice law. Accept your defeat!!!
Like all holy crusaders, he believes that he is right and anyone that does not agree with him is wrong. He believes that we are all beneath him - not even being worth the time to properly debate with (which is obvious when you read the petty and childish comments he makes). He believes that we will be swept away either by his own hand or the hand of God himself - all in the name of his righteous cause to protect children from the evil influences of video games.
He doesn’t care that his little “sting operations” which he set up with his son are completely invalid because he did not have the assistance or permission of police. He doesn’t care that it is the responsibility of a parent to monitor and control what their child is exposed to (see your kid playing a game you don’t like – TAKE IT AWAY! How hard is that to understand?). He doesn’t care that banning video games, making M rated games illegal to produce or making them illegal to sell crushes the First Amendment underneath a fascist boot heel.
All he cares about is that he is right.
...
The Federal Trade Commission... deems the use of a credit card as acceptable proof of age in online transactions.
Well that was over quick, coffee anyone? ;)
Seriously, I can't see his lawsuit application lasting longer than that either. The judge will pinch his brown, take a deep breath, and tell Jack to go find something more productive to do...
Listening to a Lawyer talk about Ethics and Morals? LOL, that's rich!!
I'm not convinced there. As far as I can tell, He gets to play the expert because he has his license to make him all important sounding. Take away that however...
Maybe he can make appearances as a "former lawyer" but I don't think there's many opportunities for that.
@Benji
Yeah, but how far is he going to get on his own as a disbarred lawyer? No matter how you look at it. He's running on limited resources here. Even if he can avoid needing money in his so-called crusade, he's just going to run out of something else. Be it power, or credibility, or whatever you want to call it. I don't think he has any options that will allow him to keep fighting for long after being disbarred, at least not with any hope for success.
Seriously, grow up and learn to think. It's a shame that you can't open your eyes and see the obvious facts.
I highly doubt that a credit card company would want the risk associated with giving a teen a card.
And filing a lawsuit isn't expensive - just a nominal filing fee. The loser of a civil suit can be liable for the winner's legal expenses, but I don't think JT's fought a lawsuit to the end - he either settles or the suit gets dismissed almost immediately.
So at the current rate, JT can keep up his litigation for quite some time - he doesn't win any cases but hasn't actually lost any, either. There are penalties for filing frivolous lawsuits, though, and there's a good chance that without Bar cert he's more likely to suffer them. I've also been told that if you turn down a reasonable settlement judges will often be very unsympathetic. He apparently doesn't have a leg to stand on with his Bestbuy suit; if that is so, and if someone tells him so, and if he doesn't listen, then it could go very badly for him.
We'll get him this time.
/end sarcasm
But seriously, this is just another delaying tactic by him, he knows what is coming, and if he doesn't then he really is a whack job. He was probably feeling melancoly, knows that his name attached to some wild story will make him feel better, and did this.
I do wonder Dennis, what kind of temper tantrum would he have if GP stopped covering his antics and blocked him from commenting? Oh man can you imagine the steam from his ears?
And that's the last thing to go through his mind, next to the bullet?
No, we'll get him with a Knife.
@mary
Please, he'll sue us for not worshiping God.
Was actually refering to a line from Shawshank Redemption there, "I wonder if the last thing that went through the warden's mind; shy of that bullet, was how did Andy get the best of him."
i.e. self inflicted wound.
True, but like I said the money don't really matter. He'll have lost a lot of power without a license. Even if he has the will and the means to keep fighting after being disbarred, he has no chance for success. With no real power on his side he'll just fade into obscurity and that'll be that.
I knew that..
K, oddly, I actually know people who haven't seen it, so I need to explain references to it embarassingly often.
@Karne
The question really is, will him losing his license make him calm down, or flair up like a strangulated hemeroid? I'm betting the latter, and we'll need a big 'ole jar of Prep H to shut him up.
Yeah.. Strange how people haven't seen movies like that.. *cough*
Something along those lines.
Batting Average? He's the bat-boy to real lawyers.
What makes This idiot think he has the right to pull off some kind of secret shopper crap???
Then again BestBuy should be small fry after attacking the Florida and Alabama Bars.
2) Even if Jack got debarred, and lost all of his credibility, I doubt we'd ever hear the last of him. Zealots like him (Laroche) never keep quiet.
jack thompson, despite promises made to his psychiatrist, has continued to insult gamers.
There is no way he can prove any of this. That's a simple fact. Does he care? Nope! That's not the point for him. It's never been about winning, otherwise he would actually try something that would work. It's all about his ego, never been anything less that for him to get a self-induced rise out of having his name in the public light. Of course, as Nekojin pointed out, he will now have some major problems in the near future should he keep up his current tactics.
First of all Best Buy is strictly within guidelines to sell any and all merchandise they see fit on their website. To purchase something online, you must have a verifiable credit card. To obtain a credit card, one must be the age of 18 or older. If a minor uses their parents' credit card online, it is to be implied that the parent gave consent as the purchase for the merchandise is in the parent's name, not the minor's. If the minor uses the credit card without parental consent, the parent is still held liable unless he/she wants to press charges against their own child. However, if the kid is under 18 (which is implied), the parent may not have the choice of a legal battle and therefore the parent is still held liable for the merchandise. In other words, THE PARENT BUYS THE MERCHANDISE!!!
Second if all, Jack has no legitimate case against Best Buy or even the credit card companies, unless the minor has purchased the video game at a retail location without being properly identified. This does not sound like what Jack has in mind because he's an artard.
Give it up Jack! Your not going to be able to practice law again so might as well go out with a bang eh? What a moron.
"The only thing Jack has really done is show how busted our legal system is."
Well when people like him can get licensed, yeah I'd say our legal system is pretty fubar. :P
F*** this guy really needs to get a hobby or just start watching wwe or something cause he has way to much time on his hands...Play some freakin bioshock
Can we sue jacko for lying?
Jack Thompson is a walking poster child on why people SHOULD play violent video games.
The subsequent loss of income on the other hand means he might have to find a real job. He may also find himself pushed into more settlements of the likes he has with Take-Two. Basically, he's not likely to go out with a bang, but a ranting, whining whimper
Um, no. No. That's the point of the thing, the round peg won't fit in any other hole, except for the round hole. Same with the square, triangle, and rectangle pieces. That's the whole point of it! Trust me, I know, I've been playing with my soon-to-arrive daughter's toys.
@ DarkTetsuya
Exactly! I know lawyers usually aren't the most upstanding of people, which is a sort of conundrum in itself, but Jack Thompson takes ignorance and deceit to a whole... notha'... level.
Actually, I'm predicting both.
At first, he'll make this big show and he'll act like nothing bad happened. I'm sure it'll look like a scene out of a really cheesy comic book. "HAHA, you think you have stopped me? I have become stronger than ever! HAHAHA!" And they'll be this flurry of activity where he throws out as many random lawsuits and whatever else he can think of.
Then little by little, it'll fade. The news will stop covering him, he'll stop landing TV appearances. Eventually, Jack will realize how bad the position he's in really is, and that'll be the last we hear of him. Assuming he hasn't fallen out of the spotlight completely by that point.
Yes. You are right. Jack is a hypocrite.
as a fix to GP.
So when should I start getting nervous and losing sleep?
Being blunt. I am Half surprised JBT has not tried to sue the wind for blowing the wrong direction or to hard, the rain for spotting his car or some other equally silly action. He comes here where he knows he has wronged us yet seem to try to brag and win attention (or possibly affection). He sues retailers over games that they merely stock and sell but do not control. He sues the Bar that gives him the right to sue everyone and they mother.
Tis all a media frenzy methinks. He has to get his name and face out there, so when he is booted from the Bar, be can be called in as an expert witness... blah blah. (And a martyr maybe?) Wonder why he thinks his name is still worth anything?
Gods below. He has long since gone beyond anything that my semi-sane mind can understand.
Yeah, I also expect him to go like Sen. McCarthy, and become an alcholic, perhaps even go on a shooting spree claiming GTA made him do it. That or he puts a single round from a Smith and Wesson to use. Personally, I think it is really sad what he has become. like a drowning man grasping for anything to float on, he is barely keeping his head above water.
If there is anyone who is full of wrath, it isn't us, it's Jack. He has broken one of his Commandments and five of the deadly sins: Avarice, pride, greed, envy and sloth. By his own religion, Jack is going to a rather hot place that ain't Arizona, Texas or Florida.
Of course, we all know Jack isn't the brightest.
Why is or was he going to sue you??? what did u do now
Sieg Thompson! Keep trying to rape the freedom and moral autonomy of the American people, buddy.
Problem is that so far, from what I understand from law, his arguments have absolutely nothing to do with "Deceptive and Unfair Trade Practice" laws. It's like when he tried to have Bully or Halo 3 (too late) declared public nuisances when the law about public nuisances were not meant to be used about pieces of fiction but about illegal casinos or brothels.
You could say he has a point but he presents his arguments for laws that have truly little to do with the mattter at hand (so far as I tell by my knowledge of the law). See my earlier post.
Do you realize parents cant say no to little billy he might cry
Yes, you have an agreement with Best Buy in which they agreed not to sell M-rated games to minors. And yes, your son, a minor, was able to buy games at Best Buy.
This, however, is not proof that they have violated the agreement.
The proof - and the burden of proof is on you, by the way - must show that Best Buy, as a matter of company policy, allows minors to buy M-rated games. Mistakes made by individual employees are not indicative of the actions of an entire company.
But I'm sure that when a judge throws this case out for this very reason, you'll find some way to blame anyone but yourself.
Seriously, it feels like almost every day, at some point, I start going, "I wonder who's he's going to sue today." or "I wonder what nonsense he's spewing out his hate-hole at the moment."
(Take Two is the only company I can think of that Jack associates with Best Buy, so i'm just taking a stab in the dark here)
As someone with well over a decade in retail experiance I can confidently say that Jack Thompson is blowing smoke out of his behind.
Unless he has a official tape-recording or memo from the a high up owner or manager of that company stating in no uncertin terms that "We will sell games to kids, despite a certin lawers objections" Well.. Jacks f*cked.
You see they can simply say that at the store level it was the employees that did not follow store procedures. And that they were vey clear on the peanltys to employees if caugh breaking the rules.
As fror the internet thing, Credit Card means you are either over 18 or have the premission of a parent or legal guardian to use a credit card. Either way its parental decision.
So.. yeah..
One last thing.
Jack, its MY job to raise my kid(s). Not yours. Stay the heck outta my way. I have more responsibility in my little finger than you have in your whole body.
I figured something like that might exist, what we have here is an individual who likes to abuse and harass people through the legal system.
Lately I am more disturbed by his legal actions then his crusade against video games. He doesn't want to play by the court's rules, he wants a safe & costly-to-them way to attack people he opposes, wants to getaway with lots of things and to not be responsible for his actions.
Take away that tool, and things are going to be a lot harder for him.
Wonder what this would also mean about his unconstitutional laws he keeps trying to pass that target the "video game industry."
"The suit is also based upon stings done on Best Buy to prove that it is selling M games to kids under 17 at their retail stores."
First off, your 'stings' are moot, since real stings can only be done by law enforcement officers, you vigilante. And second, by giving your son the credit card used to purchase said games, you gave your consent for Best Buy to sell them to him.
??…Ace beats Jack?
"Tis all a media frenzy methinks."
Yep, and lately it just shows how desperate he is. He loves to boast about being on 60 Minutes, yet now all he can do is get coverage by being interviewed by hardly known game blogs that "hate GP," and throwing around lawsuits like crazy only to end up on sites like National Gay News.
"Wonder why he thinks his name is still worth anything?"
I think that is the real reason behind all his actions, he wanted to get out of the malpractice field and make a name for himself in the "video games made them do it" field. That is probably the real reason behind all those unconstitutional and hypocritical laws(i.e. huge finds for retailers selling M or even T-E games to kids, jailing those who sold it, etc while R-rated movies and explicative music are not treated the same) he passed.
Also reminds me of his wiki article, while the thing was biased and needed cleaning, I can't help but think the real reason for him attacking it is because it didn't portray him in a 200+% positive light. He will go down in history, but not as how he wants it, and his more recent actions only make things worse for him.
"The suit is also based upon stings done on Best Buy to prove that it is selling M games to kids under 17 at their retail stores."
Since when were you a police officer, Mr. Thompson? Oh wait, i forgot, you live in Bizarro Jack World, where being a lawyer gives you every badge of honor known to man.
And a sample size of one is a pretty insignificant statistic. Who do i remember saying that... OH RIGHT! That was you!
"Oh, and there will be another defendant in the suit. Can anyone guess who it will be?"
I have no earthly clue, Mr. Thompson. How could anyone here be related by any legal bonding stretch of the imagination to a random media retailer? Right. None of them.
What about the ghost of Dave Thomas? I mean, just because he has no relevance to the case at hand (let alone exists on this plane to be of any use to JT) that shouldn't have any bearing on who he names as a defendant in his lawsuits, right?
Oh, I know! I know! It's Jesus, isn't it? Jesus Christ has risen from the grave to sue Best Buy.
This suit looks like a perfect example to set a precedent...then again, any of Jack's lawsuits are so laughable that it would make sense such precedence as a legal prevention/punishment of clearly rivoulous lawsuits would have occured already, darn. Not that he's the only one--suing for millions in emotional damage over a suit?--but the longer it takes to enact such measures, the more impotent and worthless the legal practice and in particular the judiciary appear to the public. Those who actually care, anyway.
That would make Jesus a co-plaintiff, no?
Oh wait, you're thinking of when Best Buy turns around and counter-sues. Why stop with Jesus, Jack always claims to have God himself on his side. Well, when he's not claiming to BE God that is.
They were illegal stings.
Just give up.
And miss out on the chance to earn another payment for his Lex-- I mean his Saturn? (he may be a lawyer, but he's not that good of one.)
@J73:
I shudder to think.
The real reason Jack Thompson goes after the games industry is blatantly obvious. Whilst he has his moral objections to music and film i'd imagine, he only focuses on games. Reason is he just doesn't have the influence, legal skills or money to fight those industries... which we all know the music and film industries have armies of lawyers ready to sue their own customers at the moment i don't think they'd have a problem with Thompson.
He is a frightened over religious old man who has no idea what he is talking about, what he should have done was actually
To quote Yahtzee of Zero Punctuation, "Then the media start drooling their uninformed questions about whether wholesome boyish pretend violence has any correlation with the real world. Short answer: NO. Long answer: NO, you ignorant scaremongering cockbags".
http://www.escapistmagazine.com/articles/view/editorials/zeropunctuation...
He doesn't argue that Manhunt is harmless, out of interest. But he also doesn't say that it's gonna turn you insane.
I completely agree with you. THE reason why I criticized Thompson's parenting in a previous article.
Thompson should really get disbarred. He was funny at the beginning, but he's doing what he does best, annoying us. With the suits in Alabama and Florida, it's time that those bars don't need a lawyer wannabe who can only remember his name because everyone's yelling it.
I miss those days.
It was probably just a hacker.
2.) will not communicate to Take Two or anyone doing business with T2 (like, say Wal-Mart) any accusation that the company committed any wrongdoing by selling its games. Thompson is not restricted from criticizing the content of T2 games, nor is he prevented from acting as counsel in lawsuits brought against Take Two by other parties.
How is this not clear?
“Oh, and there will be another defendant in the suit. Can anyone guess who it will be?”
Superman? Race Bannon? Zombie Hitler? Prince Arthas? Ash? The surviving cast of Bonanza?
This threat is too empty, could you please be more specific?
According to his posts in the other thread, he is adding the ESRB to the list.
Kind of pointless really.
Wait, why the hell did he mention it THERE and not here? That other story has to do with him bitching about 'Manhunt 2', not his lawsuit.
The man continues to defy logic, common sense, and site rules.
That pretty much covers it.
I totally agree in the process of giving his son money and sending him into buy the games to me he is giving him his consent and permission to buy an m-rated game.
GP: Reported this story yesterday. That's enough.
He's not obligated to. Plus, this topic already exists.
Why not link to it yourself? Is it too much trouble for you?
Then again, you were too lazy to use end punctuation in this post.
Regardless, your filing will appear on the internet in some shape or form, at which point any and all glaring half-truths and lies will be exposed, as usual.
You're a tireless crusader, Jack! Where DO you find the energy?
1) By providing a child under the age of 17 with a credit card to complete the transaction, is this not de facto parental understanding and acceptance of the game by proxy?
2) If the card or number was coerced by the sub-M gamer, then would that not constitute wire fraud and identity theft, both federal crimes? And if said parent knew about it and did nothing, does it not make said parent as guilty as the child?
With these things in mind, JT's local DA should start these proceedings post haste.
And just what is weird about it? This is Dennis' site and he chooses what stories get posted or not posted here.
Furthermore I thought you wanted Dennis to stop paying you any attention. He is, as you put it it, supposedly trying to force you out of the public square with this website. When Dennis posts stories about you you get pissed off. When Dennis doesn't post a story about you you get pissed off.
MAKE UP YOUR FUCKING MIND.
Manhunt 2 is out in less than a week and he failed in his crusade against it.
Except the whole having it neutered thing of course.
So Jack-o's suing the ESRB? Pfft, these people sneeze and JT's lawsuit goes out the window, it's such an open and shut case.
JT, get a clue, put down your gavil and suitcase and get a life.
Hooah!
"I filed the lawsuit today against both the ESRB and Best Buy, and Dennis McCauley won’t report that, nor will he provide the news release. What a weird guy"
1. GamePolitics isn't the only site related to video games on the internet. You should know, you google your name and gay porn all day long.
2. What, a topic THAT THIS VERY COMMENT IS ON that says 'Jack Thompson says he will file Best Buy Lawsuit' doesn't cut it enough for you? What did he forget, to call you 'Jesus'? Or 'Sweetie'? Other than that, that's pretty cut-and-dry the same thing you wanted to see him do.
He just wants to live on his magical two-way street where he can do/say whatever the f*** he wants and not get called on it, that's all.
Of course real life doesn't quite work that way, but he'll never figure that out.
What a waste of energy on wacky jacky, the maniac from moral gabels.
Let me ask you this, is there a single case he has ever won?
Just reading the updates Norm Kent posts about him on www.nationalgaynews.com, and you find out once and for all what a total moron this guy is and has been. You think he is filing gay porn in a federal case or spending the day listening to the howard stern show to make a moral point to protect society or to arouse and erect a private part of his own body? What do you think?
I feel almost a need to ignore him. This suit will go nowhere, he will threaten the judge, accost the lawyers, challenge the media and get himself on tv. Then he will worm his way out of a contempt citation and plead with some court not to squash him like a fly, crying about his wife's illness and death threats and how the whole world is ganging up on him, but when you look up it is just one guy against the whole world, and all the croutons are not in the salad.
His life is a rerun of a one act play not worth watching again. It is a shame that the Florida Bar has not caught up with him yet. They should have hired Norm kent. At least he took the fool for fifty grand two years ago.
Considering how obsessed you are with Dennis and GamePolitics.com I assumed you would be more familiar with what stories have been posted.
"His life is a rerun of a one act play not worth watching again. It is a shame that the Florida Bar has not caught up with him yet. They should have hired Norm kent. At least he took the fool for fifty grand two years ago."
Would it be a comedy or a tragedy though? ... I'm leaning toward comedy, now that I think about it. (Cause his career ending isn't much of a tragedy if you ask me. :P)
http://www.ftc.gov/privacy/coppa2/comments/aristotle.htm
GP: This link is to a letter sent to the FTC, not an FTC ruling. It is a letter from a company that sells credit card age-verification services. Much like you, they have a vested interest in the topic.
The FTC is talking about verifying who parents are, not how old the kid is. That is exactly why this suit is appropriate: Credit cards verify who the parents are. Period. My goodness, Dennis, which lawyer at Blank Rome gave you that one?
In addition, kiddies, the use of a credit card for age verification violates bank card agreements. Leave the lawyering to lawyers, Dennis.
GP: It very clearly lists the use of a credit card as an an indication of parental consent. Of course you don't want to accept that because it discredits yours argument.
It is truly a burden being right all the time.
Practice what you preach, Metropolitian Moron of Miami: Grow up and get a life.
"Shut the fuck up, you're out of your element"-Walter, The Big Lebowski
"Dennis McCauley, the man who thinks he is a lawyer,"
Um.... what? He's posting facts about things, not sending them to a judge as evidence. He doesn't have to be a lawyer to quote legal documents. How stuck-up must you be?
"quotes above from the FTC supposedly giving us the “fact” that age verification can be accomplished by taking a credit card number. Wrong! The FTC says at http://www.ftc.gov/bcp/conline/pubs/buspubs/coppa.shtm that credit cards are one means of verifying WHO THE PARENT IS AND THAT THE PARENT HAS GIVEN CONSENT TO GATHERING INFORMATION ABOUT A MINOR!"
...YOU JUST ADMITTED THAT IT WAS PARENTAL CONSENT AND THAT IT'S THE PARENT'S FAULT, something you are continuously saying is NOT the problem. It is just that. Parental consent. Assurance from parents that their children can differentiate fantasy from reality and know that video games are not acute 'training' devices for murder, rape, or whatever you will. But of course, you think such a paradox is impossible because you're an IDIOT.
Jeepers Jack, for someone who always claims to have the facts, you sure have a mountain of double standards. Parental responsibility is not the problem, but then their consent is. Someone else's sample size of one is inconclusive, but yours is end-all proof.
Being a lawyer is not a dictatorship lisence, Wacko Jacko. LEARN THE DIFFERENCE.
Last time I checked, most credit card companies required some sort of password to make online purchases. now if the child already knows even this, and is able to steal mommy or daddy's credit card, I think there are a lot more important things to worry about than if little junior can get Manhunt 2.
"I filed the lawsuit today against both the ESRB and Best Buy, and Dennis McCauley won’t report that, nor will he provide the news release. What a weird guy"
You mean like the article said you were going to do, and you want another one about such a marginal update? No wonder a good lot of the people you contact and harass ignore your drivel..... Not that I am surprised, you recently sent the Florida Governor a chummy, "do me a favor or else" threatening letter, and a copy of your book thinking they are going take time to read your whole long-winded letter -- let alone your book.
Seems like Dennis is the only one that will sort of listen to you.... Your obsession with him is the real reason you keep coming back here and keep bugging him.
You want full coverage on such small matters? Get your own BLOG or actually use that useless mess of a webpage you have. It sure is weird a "first amendment" guy like you can't get your own words out, have to rely on this site, and treat it like your own personal blog...
Maybe it will make the age verification process more secure and less prone to fraud.
Of course, ANY parent who gives a kid a credit card is a complete and utter idiot in my book. And deserves whatever ill they get.
Mind you, I still think Jack is NOT the person to be doing ANY of these lawsuits. His reputation will get in the way.
And it is a sad state of affairs in this country that you have to sue to get something bad changed.
...Does this link have anything to do with anything? It says that credit cards can be used to verify a parent's identity. It doesn't say that credit cards cannot be used for age verification. The page is about protecting the privacy of children's information - it doesn't say anything about age verification for the purposes of buying stuff online. JT seems to think that, because credit cards can be used to verify parental consent, it can't also be used to verify age.
And yet you claimed that providing pornographic material via the Florida docket system was okay as children would need a credit card to view such material. Hypocrite, hypocrite, hypocrite.
Guess what jackie poo?
After a while that won't include you!
Maybe it won't get done this year, but have no fear
soon your words will be a boring yawn
and you can spend your days downloading gay porn.
I figure its like this gamers are like an abused dog it gets kicked in the face every so often(basicly everytime jack makes a case)
well whats gonna happen? well at first the dog is gonna be like wtf is up with this idiot! and try to lie low skimper around the shadows
but eventually that poor creature is going to say enough is enough and its gonna bite back
whether its going to be by staging rallys or watching jacks every move and sueing his socks off when he puts a toe out of line i dont know but soon enough people are going to get fed up and actually make a difference.
side note im a gamer and i work at best buy so this ticks me off twice as much as he usually does