Take Two Sues Jack Thompson

[Sean]

Take Two sues Jack Thompson over "nuisance" lawsuits

Despite his failure to win a restraining order against the T-rated game Bully, Jack Thompson has not stopped pursuing Take Two, the game's distributor. This week, Take Two took a proactive step to stave off Thompson's prerelease assaults on their titles by filing a federal court case against him in the state of Florida.

Take Two plans to release Manhunt 2 and Grand Theft Auto IV later this year, and they would love nothing more than to avoid another Thompson lawsuit. After Thompson made public statements about his intent to block both games from being released, the company asked a judge to "enjoin him from bringing suit on behalf of the State of Florida to enjoin the sale of GTA IV or Manhunt 2."

Take Two claims that Thompson is misusing Florida's "nuisance" law, and they point out that attempts to regulate the sale of violent video games have repeatedly faltered, including cases in which the law was drafted by Thompson himself.

According to a copy of the complaint seen by Ars Technica, Take Two has just about had it with Thompson's threats, lawsuits, retractions, and dismissals. Thompson has, in the past, "brought suit on behalf of the State of Florida, dismissed it, filed again, sought a temporary restraining order, and then failed to pursue that motion," says the complaint. Such lawsuits come at "unpredictable times and under unpredictable circumstances" and can disrupt Take Two's relationships with retailers, who can also get dragged into these battles (Thompson at one point sued Best Buy, Wal-Mart, Target, GameStop, and others in the battle over Bully).

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 asks that Thompson be prevented from bringing a "nuisance" lawsuit against either of the games in question, and they want attorneys' fees from him.

And his response...

Heads-Up to Video Game Industry Press Re Take-Two Lawsuit Against Jack Thompson

Dear Gamers and Gamer Publications on the Internet and Elsewhere:

I have been praying, literally, that Take-Two and its lawyers would do something so stupid, so arrogant, so dumb, even dumber than what they have to date done, that such a misstep would enable me to destroy Take-Two. With the filing of this SLAPP lawsuit last week, my prayers are finally answered.

This lawsuit, filed in US District Court for the Southern District of Florida, is, without a doubt, the single dumbest thing I have ever seen any lawyers do in my thirty years of practicing law--while in continuous good standing to do so with The Florida Bar, I might add, the shock radio and video game industry's efforts notwithstanding.

I encourage folks to read Psalm 35, a Psalm of David, which is brilliant in its entirety (since God Himself wrote it), but for those who don't own a Bible or who think their hands will catch on fire if they touch one, here is the salient portion that applies to this lawsuit:

7 For without cause have they hid for me their net in a pit,
which without cause they have digged for my soul.

8 Let destruction come upon him at unawares;
and let his net that he hath hid catch himself:
into that very destruction let him fall.

9 And my soul shall be joyful in the LORD:
it shall rejoice in his salvation.

The pit Take-Two has dug for itself will be patently clear next week when I strike back. Oh, and by the way, the entire Take-Two management and board will be gone on March 23, so this pit-digging comes at a very bad time indeed.

Amen, and Praise be to God Almighty, maker of Heaven, Earth, and yes, the maker even video games. Jack Thompson

He makes my brain ache, irl.

[Runnen]

Jack Thompson is nothing more than a glorified attention whore. Stop feeding him.

[Syringed]

Umm, wow...

When I read about people like Jack Thompson, a large part of me just really prays it's just a publicity whore and nothing more. Or at the very least a total moron. What we have here, after reading that response back to Take-Two, is a complete madman.

[Akileese]

Originally Posted by Syringed

Umm, wow...

When I read about people like Jack Thompson, a large part of me just really prays it's just a publicity whore and nothing more. Or at the very least a total moron. What we have here, after reading that response back to Take-Two, is a complete madman.

He's fucking nuts. He's not only nuts, but he's a religious nut and that's even worse. This guy is actually starting to scare me a little.

[Sean]

Also, in my personal, self-serving opinion - he needs his ass kicked by Florida's Bar.

[Lorrac]

I just can't understand how a moron like him can get so much exposure and disrupt the activities of a business like take two in the states. In europe someone like him would get repeatedly laughed at by judges and have his complains insta-trashed.

[Vorph]

I don't get why he talks about March 23. Even if Take Two does replace their entire board, the new one will be even more anxious to turn a profit, and making sure Jack the fuckwit can't mess with Manhunt 2 and GTA4 seems like pretty good business to me. Especially if he loses across the board and has to pay them all the court costs they've incurred defending against his lunacy.

And the bar should've kicked him out 10 years ago, I think he'd be better off going out to the middle of the everglades and making friends with some gators at this point.

[Itzena]

Jack Thompson being a loony is a Good Thing - imagine what could have happened if the anti-gaming crusade had a sane, competent lawyer as their spokesman?

[Coren]

I have been praying, literally, that Take-Two and its lawyers would do something so stupid, so arrogant, so dumb, even dumber than what they have to date done, that such a misstep would enable me to destroy Take-Two. With the filing of this SLAPP lawsuit last week, my prayers are finally answered.

Wow, very Christian attitude there Jack.

[xregg]

Does old jack have any kind of forums where we can storm over there and all voice our opinions like we did with the Liz Wooley site? We actually shut her down lol that was a funny thread.

[Laek]

Amen, and Praise be to God Almighty, maker of Heaven, Earth, and yes, the maker even video games. Jack Thompson

Anyone know what state this God person lives in? I want to cash in on this law suit trend by going right after the fucker who started it all.

[RiskyChris]

As much of a long shot as it is, does JT realize he WILL get murdered if he somehow miraculously stops the sale of GTA4 or otherwise harms it?

[Bo Jackson]

fuck people like this dude. just thinking about it makes me angry.

[Tripamang]

Originally Posted by Itzena

Jack Thompson being a loony is a Good Thing - imagine what could have happened if the anti-gaming crusade had a sane, competent lawyer as their spokesman?

The thing is no sane competent lawyer would even try something like this because he knows it's unconstatuitional and would ruin him as a lawyer.

[The Dauntless One]

Originally Posted by Tripamang

The thing is no sane competent lawyer would even try something like this because he knows it's unconstatuitional and would ruin him as a lawyer.

Or he somehow succeeds and gets assassinated.