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Take Two Files Suit Against Jack Thompson

Posted by Zonk on Fri Mar 16, 2007 12:20 PM
from the just-wow dept.
Government The Courts News Entertainment Games
Bullied writes "Take Two has tired of Jack Thompson's frivolous lawsuits and has filed a federal lawsuit in the Southern District of Florida to prevent him from filing any more 'nuisance' lawsuits. 'Take Two argues that the lawsuits violate its First Amendment rights to free expression, but it also claims that the suits are so vague as to be unconstitutional. "This unconstitutional vagueness will have a chilling effect on Plaintiff as well as Plaintiff's customers," says the company. "Plaintiff's distributors likely will respond to the uncertainty and fear of penalties by withholding Plaintiff's video games from the public."' Take Two also cites the disruptive effect Thompson's suits have on its retail partners."
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An anonymous reader writes "Jack Thompson has done it again, now by making available gay porn for unlimited viewing on public records. Judge Jordan wrote on an issued order: 'The attached exhibit, which includes several graphic images of oral and genital sex between adult males, was filed electronically in the docket in this case, without prior permission from the court... To the extent that the other attorney's alleged conduct is in any way relevant... there was no need for Mr. Thompson to file these graphic images in the public record. A simple reference to the website and its alleged links would have sufficed...'" I'm usually not a fan of giving Thompson continued free publicity, but some of the things he does are just too outlandish not to share.
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  • What took so long? (Score:5, Insightful)

    by Vengeance (46019) on Friday March 16 2007, @12:22PM (#18377339)
    And why is it that Jack Thompson can walk down the street without everyone pointing and laughing?
    • Um, have you seen JT's litigation record?
    • Because only weirdos like us and his three-dozen rabid supporters have any idea who he is. Fewer even know what he looks like.

    • Re:What took so long? (Score:5, Funny)

      by flyingsquid (813711) on Friday March 16 2007, @12:53PM (#18377845)
      I don't get it. Why doesn't Take Two just run him over with a stolen car?
    • It's probably because he uses a Richard Nixon mask when he goes out in public. After all, no one wants to speak ill of the dead.

      Just my $.02,
      Ron
      • And because he is not trying to ban beer, lotto tickets, and guns. ...and thank GOD! After all, JT is just "thinking of the children," as well as being a crusader against the moral decline of the Great White US! Not only is he a godly man, he's an intelligent one- he knows that things like alcohol and guns have absolutely nothing to do with violence!

      • Re:What took so long? (Score:4, Insightful)

        by Vengeance (46019) on Friday March 16 2007, @02:32PM (#18379151)
        Obsession? I never realized I was obsessed with this topic. Hell, I've never even played any of the games Thompson has gone after. Frankly I don't give a rat's ass if a copy of Bully is ever sold, or if Take Two goes under... I keep my money elsewhere. Just so long as it's market-driven, and not the result of excess litigation. Thompson is but one symptom of a system that's been twisted terribly out of rational shape.

        But this jackass comes up here every few months associated with some new attempt to litigate things out of existence. I think it's our duty as citizens, particularly if we have children, to try and pass them a world with SOME degree of personal freedom. A lot has been lost in this country, and complacency and apathy will have to shoulder a large part of the blame.

        When they came for the gamers, I said nothing, because I was not a gamer.
  • I am happy as hell that someone finally had enough of a *real* case to smack him back.

    He filed so many crap cases, and got away with it, it is high time the tables are turned!

    -bs
  • Take Two is filing suit to ban Jack Thompson from filing suit against them?

    Is it even possible to be disallowed from filing lawsuits.

    Just wondering.

    • Re:Can they win? (Score:4, Informative)

      by tomstdenis (446163) <.moc.liamg. .ta. .sinedtsmot.> on Friday March 16 2007, @12:32PM (#18377493) Homepage
      Likely the injunction seeks to prevent a type of lawsuit from being presented (re: the baseless kind). I imagine if Take Two broke into his home he could legally sue then.

      But, I should point out that even though [for example] you have the right of free association, that can be stripped (re: prison, restraining order, etc).

      So as punishment for filing baseless lawsuits, I can see a judge ordering that Thompson leave Take Two the fark alone.

      Tom
    • Yes. It's rare, but judges have in the past enjoined people from filing suit because they've been abusing the justice system through frivolous suits. Attorney fees can also be awarded to the target of the frivolous suits.

    • Re:Can they win? (Score:4, Informative)

      by nuzak (959558) on Friday March 16 2007, @12:51PM (#18377821) Journal
      > Is it even possible to be disallowed from filing lawsuits.

      Partly -- google for "Vexatious Litigant". Florida passed such a law to amend their rules civil procedure in 2000. http://www.ccfj.net/VexLitbill.htm [ccfj.net]

      This is a federal lawsuit though, and I'm not actually aware of any federal rules on vexatious litigation -- in fact, federal court is usually where such people go to keep filing their suits.
      • 'vexatious litigation' - sounds like a capital crime to me. Along with 'spamming'.
        • Along with 'spamming'.

                What spam? There's a law against spam now - there has been for a while. You can't be receiving SPAM... it's illeagul.

                (Yes, spelling nazis, it was done on porpoise).

      • I sued Taco Bell, 'cause I ate half a million Chalupas and I got fat!
        I sued Panasonic: they never said I shouldn't use their microwave to dry off my cat.
        Huh, I sued Earthlink, 'cause I called them up n' they had the nerve to put me on hold.
        I sued Starbucks 'cause I spilled a Frappucino in my lap and brrr, it was cold!

        I sued Toys'R'Us 'cause I swallowed a Nerf ball and nearly choked to death.
        Ugh, I sued PetCo 'cause I ate a bag of kitty litter and now I got bad breath!
        I sued Coca-Cola, yo, 'cause I put my fi

      • Re:Can they win? (Score:5, Informative)

        by Dorceon (928997) on Friday March 16 2007, @12:40PM (#18377663)
        The term you're looking for is Barratry [wikipedia.org].

        • Re:Can they win? (Score:4, Funny)

          by voice_of_all_reason (926702) on Friday March 16 2007, @12:43PM (#18377717)
          Barraty? Is that the legal concept of walking into court with a machinegun mounted on your arm and calls the judge "spikey-head?"

        • Re: (Score:3, Informative)

          by plover (150551) *
          Thompson better tread more lightly. According to Dante, he's bound for the eighth circle of Hell with the other barrators. (Consider that murderers and sodomizers only descend as far as the seventh circle!)

          According to Wikipedia [wikipedia.org]:

          Bolgia 5: Corrupt politicians (barrators) are immersed in a lake of boiling pitch, guarded by devils, the Malebranche ("Evil Claws"). Their leader, Malacoda ("Evil Tail"), assigns a troop to escort Virgil and Dante to the next bridge. The troop hook and torment Ciampolo, who i

  • Can anyone fill in legal details? (Score:3, Interesting)

    by benfinkel (1048566) on Friday March 16 2007, @12:32PM (#18377491)
    What are the outcome options here? Would T2's success in this suit stop JT's current lawsuits completely? Would he be able to re-file them after the games came out? Can you be liable in Civil or Criminal Court for excessive frivolous lawsuits?
    • You can get disbarred for filing falsified court documents. As for being a pain in the ass, aside from contempt I don't think so.

      In this case though Take Two is looking to enjoin him from filing lawsuits over two specific games on the basis that his previous lawsuits have all been without merit. Frankly, the guy is an assclown. He has had zero effect on the sales of the games and is making enemies all over the world. He should be proud.

      Tom
      • Falsified court documents? I didn't read anything about that, although it would seem to be well within Jack's MO. I get the funny feeling he'll file suits in other states if he gets shut down here. There's something that doesn't seem to work quite right in his brain. He's like a super-villain from a cartoon...

        • Re: (Score:3, Insightful)

          by tomstdenis (446163)
          I didn't mean to say he did, I just think he's about 1 step away from doing that. He's so desperate for attention and to be "right" that I think he'll make the leap [if he hasn't already] soon enough. And yeah, I agree about the super-villain comment.

          It's funny when people like him wonder why others object to being told what they should and should not consume (media, food, whateverwise). I don't think he's clued in that just because he doesn't like something doesn't mean it should be illegal.

          Oh well. Du

      • Frankly, the guy is an assclown. He has had zero effect on the sales of the games and is making enemies all over the world. He should be proud.

        Are you kidding? He's probably had a massively positive effect on sales. I know I got more interested in buying several games after controversy. Anything that pisses off the conservatives is all right in my book.

        Of course, the overall effect on earnings may be negative, given what it costs to go to court.

      • Re:Can anyone fill in legal details? (Score:4, Insightful)

        by jimstapleton (999106) on Friday March 16 2007, @12:46PM (#18377751) Journal

        He has had zero effect on the sales of the games


        Funny, I don't quite think that's accurate.

        If he starts bitching about a game, I know people who will rush out to buy it.

        If ever said a game is good, they would rush to put it on their "not even on a very cold day in hell" list.
        • Then they should add a "Jack Thompson Seal of Disapproval" to the packages to boost sales.

          (Hopefully the makers of Thompson's Water Seal [thompsonsonline.com] will have a sense of humor over it.)

        • If he starts bitching about a game, I know people who will rush out to buy it.
          1. Make egregiously violent and sexual game
          2. Anonymously send it to Jack Thompson, making sure he has all the information to identify it publicly
          3. Wait for him to squawk about it
          4. Wait for hype to set in
          5. Release game
          6. Profit!

          No "???" here...
        • I'm part of that crowd. I would never have noticed Bully if JT hadn't made a fuss about it. Instead, I bought it, and it ended up being a pretty good game.
      • He has had zero effect on the sales of the games

        From the summary, it sounds as if Take Two will have to provide some sort of evidence that he does affect their sales (or in some other way impacts their bottom line) to prevail. They need to show that his suits damaged them, and it doesn't look like they'll be relying on the expense of defending themselves against the suits as the sole damages. In fact, their incentive now is to pad the impact he's had on their sales, in order to cast his actions in the wor

        • From the summary, it sounds as if Take Two will have to provide some sort of evidence that he does affect their sales (or in some other way impacts their bottom line) to prevail


          The bottom line is impacted by having to spend money defending against groundless lawsuits. Money spent on defence could instead be applied to advertising (i.e. hiring a person to make a game look bad in a controlled manner - for the opposite effect of making the game popular..)

  • Well... (Score:5, Funny)

    by Anonymous Coward on Friday March 16 2007, @12:36PM (#18377585)
    I hope he knows a good lawyer!
  • I really do hope Take Two can find a case here, I know I've been angered more than once by his rediculous opinions, and it would be nice to finally shut him up.

    They should just pull a Viacom though, and ask for $1,000,000,000 in compensation.

    • Re: (Score:2, Insightful)

      by stratjakt (596332)
      I know I've been angered more than once by his rediculous opinions, and it would be nice to finally shut him up.

      Yeah. I wish all the people I disagree with would shut the fuck up. It ought to be illegal to hold different views from the majority. People shouldn't be free to speak whatever they want.

      The guy should be held accountable for frivolous lawsuits, but he has the right to say whatever he wants. To sue him squawking about "free speech", with the intention of "shutting him up", is way beyond hypoc
      • While I agree Take Two summoning "Free Speech" on this one is pretty hypocritical, the free speech Thompson enjoys is limited.

        If he shouts loud enough referring to baseless claims, this voice is only as loud as the next anti-everything guy. That's a right and no harm no foul. There are lots of groups who agree with him and petition and demonstrate. More power to them.

        But once he starts filing frivilous baseless lawsuits, all of a sudden his voice is amplified on the taxpayer's dime. Investors become skiddis

        • If someone decided that shooting lawyers was their way to "speak out" against lawyers, is that free speech?
          Oh gods, PLEASE say yes!

    • Re: (Score:3, Insightful)

      by abb3w (696381)

      They should just pull a Viacom though, and ask for $1,000,000,000 in compensation.

      Kinda hard to do with a straight face, given that they're trying to convince a judge that his lawsuits are frivolous— the word "Chutzpah" springs to mind.

      There's no hope of them getting a billion bucks out of him, even if he not only goes bankrupt but shishishorupf [google.com]. I'd settle for disbarring and a federal injunction, since they might have a hope of actually getting that. Tar and feathers would be a classic touch

      • Jack should be free to say whatever he wants. He should not be allowed to lie and harrass companies in court.

        He needs to be smacked down in court, and hard. If he wants to stay a self proclaimed "expert" on games, that shouldn't be blocked at all.

      • Re: (Score:3, Interesting)

        by CelticWhisper (601755)

        The problem is that in this case, upholding it is actually doing it a disservice as he attempts to stage his ideological attacks against it.

        If I were to stand on a soapbox in town square and proclaim that video games are immoral and anti-christian and the spawn of the devil and blah blah blah, the alternate-universe me sitting here and reading /. would agree with you that I'm just exercising my right to free speech.

        However, if I were to stand on a soapbox and say all these things about videogames being

  • gtaIV (Score:5, Funny)

    by mastershake_phd (1050150) on Friday March 16 2007, @12:43PM (#18377707) Homepage
    They should make Jack Thompson a character in GTA IV. Maybe a child rapist you must beat to death with the limbs of dead hookers.

    • Re:gtaIV (Score:4, Interesting)

      by phorm (591458) on Friday March 16 2007, @01:16PM (#18378125) Homepage Journal
      That might be pushing it a bit, but how about making a lawyer-type character with a penchant for chasing ambulances?

      Maybe a side-quest could be to steal an ambulance and make it to "target X" before the lawyer manages to catch up to you, or perhaps to reach X ambulances and/or eliminate the lawyer before he reaches them.
      • If he chases the ambulence, then the quest should be to steal the ambulence, drive off slowly so he can keep up, and drive it off a bridge into the ocean.

        And if that wasn't the quest, it's still what I'd do.
    • Better yet, just have him as a sit in guest on the in game talk radio show. It would be an embarassing parody.

      • Re: (Score:3, Interesting)

        by MMaestro (585010)
        Harassment, improper behavior, mis-representation as an officer of the court. All serious grounds for a lawyer, especially since hes been doing this YEARS. He's already been reprimanded by the Florida Bar Association and a judge for his behavior in court. Sooner or later, hes gonna push his luck too far and a judge will either throw him out of court (effectively ending his career since no one wants a lawyer who can't keep his cool) or he'll lose his license as a lawyer. If senators can't get legislation pas

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