Submitted by Benji - October 30, 2006 at 10:36 am -0500192.216.27.32
There's someone on GP - perhaps several someones - who have frequently advocated going after JBT for libel/slander. I'm not saying that such things would have worked in the past, and I'm not saying that it's the best tactic to use on Mr. "Oh Noes the Video Game Conspiracy Wants to Attack My First Amendment Rights to Rant."
But this latest letter of his definitely reeks of defamation and I could see TT/R* building a reasonable case against him. He's basically claiming that he has found gay sex in the game and that as such it should be pulled from shelves.
--The statement is clearly malicious in nature - he's accusing TT of shady business practices and attempting to do damage to their trade by using his claims to encourage retailers to not sell their product.
--The question is whether his claims are in fact libellous. Saying his claims are false would likely fail - he can claim that guy on guy kissing = gay sexual acts (kissing is often sexual in nature) = gay sex. Which means it's not really true or false and is a matter of semantics. But (according to that fountain of legal information, Wikipedia) the likely defense to me seems to be:
"Fair comment on a matter of public interest, statements made with an honest belief in their truth on a matter of public interest (official acts) are defenses to a defamation claim, even if such arguments are logically unsound; if a reasonable person could honestly entertain such an opinion, the statement is protected."
JBT migth think that he is acting in the matter of public interest. The last bit of that statement is what would make or break this. Would a 'reasonable person' honestly entertain that there is gay sex in Bully? Signs point to no.
I don't want to be one of those people that say we should sue JBT at every turn, because it's hard to do and, like him or not, he is quite the weasel where the legal system is concerned. But he's not going to stop with his outlandish claims until the industry goes on the offensive and this particular letter seems like one of the more sound methods of doing so.

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GamePolitics ShoutBox

Posted 07/09/08 at 12:40am
Jack Wessels: @PHOENIXZERO: Do you really think that would stop him?
Posted 07/09/08 at 12:29am
PHOENIXZERO: Wonder if Jack ever got the memo that attacking a judge, especially the one who presided over your own hearing will only make him look worse.
Posted 07/08/08 at 11:10pm
Shadow Darkman Anti-Thesis of : Dennis you should post that story about JT insulting Judge Tunis. There might be more you could find that Kotaku missed.
Posted 07/08/08 at 08:32pm
lordlundar: Jack should realize that when you call everyone crazy, then the only crazy one is the you.
Posted 07/08/08 at 06:06pm
DarkTetsuya: @GP I just fear for the safety of your fax machine cause you didn't post it :P
Posted 07/08/08 at 06:02pm
PHOENIXZERO: @Krono Yeah, that's probably where it came from. Don't remember if a source was mentioned. Other than it being called a "story" or "study".
Posted 07/08/08 at 06:02pm
PHOENIXZERO: Because I was bored and channel surfing. =(
Posted 07/08/08 at 05:59pm
GRIZZAM PRIME: PHEONIXZERO, Why the hell are you watching CNN's sodomy butt baby(HLN)?
Posted 07/08/08 at 05:53pm
Krono: @PHOENIXZERO: Would that be the AP story about how schools should teach 11+ year old how to avoid abusive datings relationships?
Posted 07/08/08 at 05:34pm
PHOENIXZERO: Oh joy, new subject and they bring out Cooper Lawrence who takes a mention about videogames. It's a segment called "Sex Normal for 11-Year-Olds" having to do more so with mental and physical abuse in "relationships" of 11-14 year olds and not sex. >_<
Posted 07/08/08 at 05:28pm
PHOENIXZERO: Certainly a stupid segment with their "adolescent psychologist" and a game is different than a movie. Two callers, underwhelming. >_>
Posted 07/08/08 at 05:24pm
PHOENIXZERO: CNN has wanted to be Fox Jr since Fox started spanking them in the ratings and Turner was removed from power.
Posted 07/08/08 at 05:11pm
PHOENIXZERO: UGH, they have the CT AG on there... He sounds like Jack.
Posted 07/08/08 at 05:09pm
PHOENIXZERO: >_> You can call in 1-800-TELL-HLN.
Posted 07/08/08 at 05:09pm
PHOENIXZERO: CNN HLN is doing a segment on Beer Pong with their other "morality" blowhard Mike Galanos.
Posted 07/08/08 at 03:47pm
Jabrwock: This just in! Jack insults someone. News@11
Posted 07/08/08 at 03:44pm
mogbert: I think we can skip that story, we can't cover JT every time he insults someone, we would run out of server space...
Posted 07/08/08 at 03:43pm
gamepolitics: nah, intentionally didn't post that... it's just a publicity grab... I only have so much JT tolerance, save 4 more relevant news
Posted 07/08/08 at 02:57pm
Xlorep DarkHelm: Dennis doesn't post every little tidbit of information about Whacky-Jacky.
Posted 07/08/08 at 02:52pm
DarkTetsuya: freak4all: I just posted that ... but yeah they did
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