Slashdot Mirror
Infinium Labs Threatens Gaming News Site
Over the past year or two, Slashdot has run a number of stories about Infinium Labs and their Phantom Game Console (that phrase still makes me smile, every time). I think we've been generous to them, taking their game console talk at more or less face value, despite the vaporous nature of the product. Now they've decided that threats are a better plan for improving their image than producing a real product, and threatened HardOCP over an older news story. Our own Robin Miller has talked to Infinium and written up his impressions of the situation.
What, are they gonna sue Penny Arcade too?
Dude, Whoa
I Hate The Stupid Phantom
If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
I thought this kind of behavior was reserved for companies that could afford to lose customers or that had an existing customer base. What do they wish to gain? Slander is difficult to pin on someone especially new organizations if you're in the public eye.
Pretty widgets? What pretty widgets?
I'm no legal strategist but wouldn't it be smarter for Infinium to actually demo one of these consoles then go after HardOCP for slander/defamation/whatever? Right now it sounds like they don't like the attacks on their vapourware. My idea assumes, naturally, that Infinium actuall has a Phantom console to demo...
Infinium needs to shit or get off the pot (ala SCO)
Trolling is a art,
Sue a well known gaming website.
/Guinness beer dude
BRILLIANT!
We did the same with DNF but 3D Realms never did something like that.
;)
That's maybe why lots of people here still think DNF is not vaporware
Iraq: war to save the U
The next step in their buisness plan is perhaps to do a SCO
How about suing another console vendor for $1 Billion for infringing on IP in their vaporware console?
I preemptively named my software company The Vapour Software Company, so that when people read articles about my late products they just think the writer is mentioning the name of my company again and again. The later my producs, the better the free advertising!
Sheesh, evil *and* a jerk. -- Jade
This will be the first console that will have a port of Duke Nukem Forever.
Lackey: Sir, we're not catching enough flies!
President: Very well. Activate the Vinegar Device!
Obliteracy: Words with explosions
I seem to remember Andre LaMothe being associated with this project. Is he still there? The dude has put together some great game programming books.
Wasn't this thing supposed to come out, like, what, a year ago?
I still want my Indrema!
Step 1: Alienate your potential customer base by threatening to sue anyone who says anything bad about you. And make sure to get as much bad press as possible, before the product is even released.
Step 2: ???
Step 3: Profit!
Anyone else here want to short this publicly traded turkey?
Is the VC cash running out? What are they trying to keep "under the radar"? Their CEO at least is making a grand living producing nothing.....is this bad press pissing on their gravy train perhaps?
Sehr geehrter Toilettenbenutzer!
SCO announced today in a press release that they have acquired ownership of Infinium Labs and all rights to the Phantom game console.
In news related to this related news, legal procedings have been initiated against Slashdot, Penny Arcade, and the chick who used to work for Infinium who said something on Slashdot.
Why should I argue rationally with someone being irrational? I'll just mock them instead.
While I have to give props to Roblimo for having the courage to have a bit of satirical fun with this, it almost makes me want to cry to realize that things have gotten this absurd.
Has the business world become so totally detached from reality that they honestly believe that they shouldn't be criticised for something as blatantly bullshit as this? What kind of strange alternate reality is this company living in?
I'm not tense. I'm just terribly, terribly, alert.
I have extended HardOCP.com's pledge to correct any and all possible inconsistencies or errors in our editorial entitled "Behind the Phantom Console" personally to Timothy Roberts and Kevin Bachus of Infinium Labs and they have yet to inform HardOCP.com of any information we presented as being not correct. This courtesy was extended on September 17, 2003, the date the article was published and has been extended several times since then with no reply ever being received by HardOCP.com. It is my opinion that Infinium Labs' only interest is stifling HardOCP.com and our opinions. HardOCP.com still stands by our thoughts and opinions put forth in our editorial and no amount of legal badgering and frivolous lawsuits will change those opinions that we have shared with our readers.
_____________________________
Kyle Bennett
Editor-in-Chief @ HardOCP.com
Nice to see they have no intention of rolling over.
I have extended HardOCP.com's pledge to correct any and all possible inconsistencies or errors in our editorial entitled "Behind the Phantom Console" personally to Timothy Roberts and Kevin Bachus of Infinium Labs and they have yet to inform HardOCP.com of any information we presented as being not correct. This courtesy was extended on September 17, 2003, the date the article was published and has been extended several times since then with no reply ever being received by HardOCP.com. It is my opinion that Infinium Labs' only interest is stifling HardOCP.com and our opinions. HardOCP.com still stands by our thoughts and opinions put forth in our editorial and no amount of legal badgering and frivolous lawsuits will change those opinions that we have shared with our readers.
It's good to see a website refusing to be intimidated by spurious legal threats. To often, all it takes is the sound of a lawyer clearing his throat to get a website owner to panic and pull content. Of course, HardOCP is not exactly a two-bit operation, and Infinium Labs is far from a massive corporation, but I'll take my victories where I can. Here's to the free press.
for something they don't own/have.
*COUGH* Sco *COUGH*
Sig it.
$1,250,100.
Is it just me, or is anyone else wondering about that $100? I mean, $1.25 million is a nice, round number. Easy to remember and deal with, but that $100 extra is some sort of ugly wart at the end.
What is it? A birdbath? Prettier shingles? What honestly adjusts the price of a house by $100?!
----- ----- -----
I'm going to spell this out for you now, and after it is proven, I will reference this post.
Lyssa Watson is a dude. He's posting with a chick's name, signing with kitty ASCII art and "with love", because he knows you fools will mod him up. Just because you sexless wonders think he's actually female and that your mod points entitles you to a chance.
Unfortunately, it will work. It always does. When the account has some real nice karma going for it, it will be troll after troll. And you'll cry into the last tissue from your bedside box of kleenex, most of which was used up while thinking about how you may one day meet Lyssa Watson.
Well, now you did something right.
;^>
But the conspiracy theorist in me is wondering how someone 'new around here' in one article just happens to have worked for the company featured in the very next one
quite a coincience you have to admit.
try { do() || do_not(); } catch (JediException err) { yoda(err); }
Anyways, anybody who is trying to sell stuff to the geek community needs to realize that most geeks just get pissed off by these companies bitching about stuff like this. Making threats(bullying) and trying to censor people(notice the .sig) annoys me.
Trust Your Technolust
All Infinium needs to do is show the goods. HardOCP has repeatedly offered to retract factual inaccuracies provided Infinium identifies what the inaccuracies are. As it is, they're threatening to sue because someone called their bluff.
Nobody ever told me that I'm a nerd before. Oh well....
[ Don't reply to this ]
Just covering my bases...I hate lawyer letters...
Strange women lying in ponds distributing swords is no basis for a system of government.
Let's see - this person is claiming to be Lyssa Watson but the domain the account links to is registered to Lisa Sabin. Furthermore, no Lyssa Watson has ever been employed at Infinium. Check the history of this account for further proof that this is thinly veiled disinformation in an attempt to gain karma [from moron mods] to further troll activities.
Is it just me or has their website vaporized as well?
Actually, the HardOCP article is more of an attack on the credibility of the founder of the company. While it's nothing but a listing of hard facts, it paints a very bleak picture of Tim Robert's competence as an entrepreneur. Essentially, it charges that many of the companies he worked for were failures, and the only ones which are still operational (or could at least be contacted) had family members working in high places there. The only exception to this is a company that went IPO a couple of years after he left and then sunk to the point of being threatened with delisting. They basically come out and say that the man is a multi-time loser who has wasted millions of investor dollars and whose business doesn't even have a physical office -- just a bunch of press releases.
As a news organization, HardOCP has a lot going for them in a slander/libel case. The only thing I think which they might be liable on is the implication (not a direct statement) that Tim Roberts being at WorldCom was somehow related to the bankruptcy of WorldCom.
As for the trademark violations, IANAL, so I don't know how liable a news organization can be for using a company's name and logo in a report without their permission. I doubt that they're going to be in any serious trouble, so long as they go back and place "tm's" on everything, but trademark law has surprised me many times before.
If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
The console must also double as a server.
-ashot
A few months back I remember seeing that 2Advanced did some flash for them. If you know about 2advanced, you will know they aren't cheap. Anyway, I was watching the forums and waiting for this thing to come out. Needless to say, I forgot about them, so I think this is just a way to drum up some publicity, I know they are probably getting slashdotted to hell by now.
I would certainly buy their product if only they would sue Gamespy out of existance. I can't stand Gamespy's biased "journalism" sponsor mirrored here at slashdot anymore.
Oh.. and despite my numerous wishes for a change the games.slashdot.org colors are still a pain.
Would you post your real name at Slashdot?
Think about it.
Slander regards spoken insults, in print it's called libel. That aside, it isn't libel if it's the truth. So long as nothing HardCOP said was fabricated - it's an open and shut deal. Infinium is just wasting even more time and money not making games.
Why the hell does Infinium labs care now, five months later? If they felt wronged by the story, you'd think they'd have at least demanded a retraction back when it broke. So my guess is that this is the only way they can get back in the headlines anymore. They probably had some press release recently that was passed over by the media - so now they're fighting to be remembered.
// "Can't clowns and pirates just -try- to get along?"
A county assessor.
I call shenanigans on this post, namely because:
1) "Macroscale Design" is n't a degree I've heard of, if anything for designing products you'd have a product design degree.
2) You don't do product design in rendering packages like maya and lightwave, more like Solidworks or if you did n't have the cash Rhino3D.
Who knows, look at her links... the one in her sig is for a high school volleyball team, yet she has a degree in macroscale design.
[ Don't reply to this ]
They have no intent to sue. They just hoped that by sending a threatening letter they might get HardOCP to take down an article that might scare away the venture capitalists that they want to extract money from.
Oh I'm torn, what to do, what to do... "Litigous Bastards" is already taken.
Oh, and for Infinium... I probably wouldn't have bought your console before, and I definitely won't now but... are you DAFT? I never read the original article but I'm on my way to read it now. What is the technical term for this practise? "Unadvertising"??? Yanno, when you pay good money for BAD publicity for your products? (shakes head...)
she's my friend and I can vouch for her
Leola (754828)
Lyssa Watson (754835)
Amazing how both of you joined right about the same time given your ID numbers.
Thanks for identifying another troll account!
This is another up and coming troll account. Same person. Note their UIDs, how quickly they each registered.
"females against microsoft" is a nice ploy, too. these are up and coming troll accounts.
With that in mind, I hope these bastards at Infernalium.com are blessed with an army of dyslexic sycophantic PR flaks.
anyone else find it humorous that the lawyers who wrote the threat letter are at www.mofo.com ?
Do they realize that by doing stuff like this they are making an enemy out of thousands of potential buyers? While the NERD army is not as prestigous as the KISS army, we can fight it out with the best of them.
we could re-name the title of this story to something like:
SCO's lawyers take break from hell to perform pro-bono work for Infinium
They need more money to develop their already outdated by 2 years console.
It took the public link out of its profile.. here it is
[ Don't reply to this ]
After all, Bachus is a seasoned pro [...] in an interview with gamesindustry.biz published January 29, 2004, he said, "I plan to be working in this industry, hopefully at Infinium but if not then somewhere else, for a long time, and ultimately all I have is my credibility."
What, no skill, talent, experience, vision, morality or integrity? That damn journalist must have cut those bits out to save on his word count.
(though, to be fair - from a slashdot editor, I would have expected : 'All I have is my credibilty, and my credibility').
Ok, I have no proof and only speculation here, but don't the actions of the company and the CEO sound like the standard practices of Scientology? The connecetion to Sarasota, which is very near to St. Petersburg, is another interesting coincidence. but again, this is just speculation. Does anyone other there have the time do some investigation?
But I would take it even further, following Robin's strategy.
Just remove all articles. Inifinium has produced nothing but laughable trash when it comes to PR anyway and I don't think the gaming industry needs any more from blowhard vaporeware merchants. Don't give these guys any soap box, good bad or otherwise, in which to con venture capitol from anyone else. Especially with the clear lack of respect they have for the online community you would think they would want to entice.
Just make them vanish. I mean jeebus, these were the rocket scientists who couldn't get an online email form to work right - who thinks they can produce a secured broadband game delivery console before Sony and MS swallows up the market?
They want the "truth" to come out? Fine. Let them put a product on the shelves. Until them, just blackball them from the web.
OMFG the super sidetalkin' Phantom BoxCubeStation,
I thought this kind of behavior was reserved for companies that could afford to lose customers or that had an existing customer base.
They already have 25 million units sold, and they're moving more all the time.
-- dR.fuZZo
It is hard to imagine what they could ever get out of suing this company. Screw the idea that "this will alienate customers" because you can't have customers of nothing. This action only bolsters everyone's correct opinion that the Phantom does not exist.
This move does, however, get people talking about the console again. Personally I had forgotten all about it and it seems that Infinuim does not want us to do that. Is there some way to moderate Infinium news down as Troll so that we can filter it out? It does not really matter, I am sure these morons would only create a new accout (company) for the purposes of Trolling the world again.
thanks for pointing out a link in the article linked to in the writeup, whore.
this is informative?! i guess it got all the mods hot and bothered that a *female* is against microsoft.
fucking troll
an "Infinium Phantom Console" PC case modding contest. ;-)
er...oh nevermind.
Timothy: Mom! You weren't supposed to say that you ran the company
Timmy's Mommy: I'm sorry Timmy, I can't remember everything...
Timothy: And tell my sister to not give out my phone number or email if someone calls there.
Timmy's Mommy: Yes dear, just please stop yelling at me.
Timothy: Remember, those companies are supposed to make my resume appear better and divert attention from my massive and consistent string of fuck ups.
Timmy's Mommy: Yes dear, just please stop yelling at me.
Timothy: If I don't find some more investors to rip off, then I will have to sell my 3 M house (now worth only 1.2 M) and come back and live in the basement like all the other slashdot readers. And I'll probably have to touch my sister's junk and sell the videos to make money to pay off the mortgage.
Timmy's Mommy: Yes dear, just please find more investors...
If Infinium really wanted to shut up HardOCP, they could take one of two actions. They could either file a silly lawsuit, or actually show the console working and playing games to the press.
Given the fact that they chose the former, I think it's speaks volumes about what sort of product (or in this case lack of one) they have to show, and makes HardOCP's article all the more credible.
Shouldn't Infinitum Labs be more concerned about, you know, getting some sort of product out on the market? The fact that they're suing seems to prove that the Phantom is nothing more than vaporware. If you have an actual product that's actually going to be worth buying, suing only pisses your customers off. If Infinitum Labs was really worried about the claims made against them, they should try and disprove that information or at least put an optimistic spin on it.
So, to Infinitum Labs, I say this: release your console! At the very least, demonstrate that this isn't some ploy to bilk money out of investors. What's that, Infinitum Labs? You say you can't do that?
Mmm, you know that you posted four links to www.penny-arcade.com, I mean, the main page. Not any particular comic?
Does this look familiar to you?
(Use the Preview Button! Check those URLs!)
Thanks to their frivilous lawsuit everyone and their dog will know about it. I can't imagine this sort of thing will be good for business.
"Thanks to the remote control I have the attention span of a gerbil."
Just think if you can fool a few rich people or companies, you too can live in a 3 million dollar home and not have to do any real work!!!!
Scam #1: Start a business in a hot area, get a few componies interested in your idea's. Get investers interested in your company, but telling them how companies are dying to buy your new product. Then sale the company before people realies there is no product and it starts fold.
Scam #2: Tell investers you have a new product idea for a hot market, get them to invest lot's of money. Then pay yourself an outragous salary, until you have used up all the investment. Then say you were a victem of a tough market.
Wise men speak because they have something to say, Fools because they have to say something!!!!
They advertise a fast AMD Athlon XP 3200+ processor on a high speed Intel motherboard. Man, I would have liked that back with my Athlon 1.2 GHz. That VIA chipset sucked, everyone knows Intel makes the best chipsets!
About Infinium Labs
Infinium Labs is an industry-leading (to bankruptcy) global entertainment and interactive game company (so globally omnipresent they don't even have an office). Infinium Labs has developed (posted specifications) and is marketing (hijacking investors) its flagship product the Phantom Gaming Service, a leading edge and intuitive game and delivery system that is the performance leader in the interactive entertainment industry (performance may vary). Founded and managed by senior interactive media, entertainment and technology leaders (spoiled rich bastards) with proven industry experience and success (undeniable failure), Infinium Labs markets a robust (non-existant) game system that appeals to a wide audience of interactive gamers with its ease of use quality assurance and robust delivery system (rest assured, it's easy to deliver us your money!)
Infinium Labs Corporation was formed in October 2002 and is headquartered (P.O. addressable) in Sarasota, Florida.
It seems the Phantom gaming company is subject to the power of Google. I'm surprised they haven't sent legal letters asking Google to remove them from cache (maybe that's happened already -- I didn't read all of the related articles associated with the main articles).
I'm not surprised that Google is powerful, but instead how easy it could be used against somebody. It's a real eye opener, and potentially frightful to any public/coroporate figure.
Even for non-famous individuals, like most of us, this can be scary. For example, as we go through life some of our values and beliefs change based on the journey. However a repository of what you *were* like and what you *did in the past* might not accurately reflect what you are today. The use of information can sometimes be scary.
At least he's put out some products. I wouldn't call them quite GAMES though. Both suffer from delusions of grandeur and are mocked in the games industry so it seems fitting.
FTDA was intended to protect famous trademarks from being "diluted" through third-party derivative use. Unfortunately for Infinium, they'd have trouble simply proving their mark is "famous" in the legal sense of the term ("famous" for what? Vapor?). Even worse for them, injunctive relief under FTDA now adheres to an "actual harm" standard (Moseley v. V Secret Catalogue Inc., U.S., No. 01-1015, AKA "that Victoria's Secret case), which Infinium would be hard pressed to show.
Finally, of course, their threat is absolutely meaningless because of the provisions of 15 U.S.C. 1125(c)(4)(C):
Oops. How much they pay for that legal representation again?-Watchful.Babbler (*Still* no freaking password!)
I dunno. With a background like that of Tim Roberts and a product named "Phantom", I'm sure I could be forgiven for thinking that perhaps this was the strategy from the start.
/. IANAL's and IAAL's debunk this particular conspiracy theory. :)
1. Produce hype and raise investment for a product that sounds like, looks like and feels like it's going to be vapourware.
2. Wait until the hordes of enthusiast web sites start labelling the product vapourware.
3. Sue the crap out of one of the smaller, juicier targets on the basis that they're having an financial impact on the product's ongoing development.
4. Rinse, repeat steps 1 and 3 until you've raised so much money you can either a) actually build the product or b) do a runner.
5. Well, profit. =P
Maybe I'm just a little jumpy in this SCO-et-al era. I'm not trying to bait but I would genuinely love to hear some
I had never heard of this letter the flap was linked here. If the intent was to remove the article in hopes it would not be noticed by more people, they have failed in a big way.
It's sort of like when the Catholic church say we should boycott a movie. One that many have never heard of until the publicity of the boycott helps to a) make more people aware of the movie and b) pique the interest of those who may wonder, "What's the big fuss, maybe I should go see it to check out the hub-bub."
Had this letter never been written, then it would not have been linked and I would never have seen it. By Show of hands how many here are seeing this for the first time?
Behind the Infinium Phantom Console : Many of us are well aware of the buzz surrounding the Phantom gaming console and the promises made by the company developing it. We look past the hype and press releases and take an honest look at who's behind the Phantom and the success of their previous ventures.
Wednesday, September 17, 2003
Date
Miscellaneous
Categories
Infinium Labs
Manufacturers
Steve Lynch
Author
Kyle Bennett
Editor
Introduction
By now, the whole world has heard of Infinium Labs and their infamous Phantom Game Console, but what do we really know about what could be the next big gaming console or the people bringing it to market? At this point, we know little beyond what they've been willing to share. We haven't seen the console outside of a few 3D renderings, we haven't seen the facility where they claim beta units are being built, and we haven't seen the Infinium Labs base of operations.
So, what do we know? Well, not much at first, so we decided to compile and research all of the publicly available information we could find and see what we could learn about Infinium Labs and their new console. What we discovered was that the CEO of Infinium Labs, Timothy Roberts, has helmed several businesses that have failed or have gone bankrupt in the last six years. A couple of these high profile bankruptcies cost investors in those companies millions and millions of dollars. Mr. Roberts is now the head of a new company, Infinium Labs, and is rounding up money from investors to realize his latest vision. We've read about at least one person who has stated that Infinium Labs has generated at least $25 million in venture capital and has also reported seeing a prototype console in person.
Let's start by first taking a look at what the Phantom console is actually supposed to be. Below are press release excerpts from Infinium Labs:
Infinium Labs is an industry-leading global entertainment and interactive game company. Infinium Labs has developed and is marketing its flagship product the Phantom Game Console(TM), a leading edge and intuitive game console and delivery system that is the performance leader in the interactive entertainment industry. Founded and managed by senior interactive media, entertainment and technology leaders with proven industry experience and success, Infinium Labs markets a robust game console that appeals to a wide audience of interactive gamers with its ease of use, quality assurance and robust delivery system. For more information, please visit www.phantom.net or www.infiniumlabs.com. Built By Gamers for Gamers(TM)
Phantom Game Console(TM)
If you have a need for blazing fast processor speed, cinematic graphics, and Dolby Digital(TM) Surround Sound, then experience the Phantom Game Console(TM) for a true high performance gaming environment. The Phantom(TM) provides access to more games of every genre than any competing product. Phantom's breath-taking speed, graphic realism and Dolby Digital(TM) 7.1 Surround Sound put it in a class of its own . . . the must-have high performance game console. Experience the new world of Phantom(TM).
Phantom(TM) is the next-generation game console that supports PC games, games on-demand, game rentals, game demos and seamless upgrades. It is the fastest game console on the market and includes a broad selection of pre-loaded games. Phantom(TM) offers gamers a more exciting and compelling gaming experience than any other game console or PC on the market. Phantom(TM) is an always on broadband device, which allows gamers a wealth of options, from wireless connectivity to massive multiplayer capability . . . to allowing gamers to demo and experience games before purchasing or subscribing.
Components & Features
Case Feature Set
Phantom(TM) Features:
- State of the art design and technology
- Pre-loaded games that appeal to wide variety of users and gaming needs
- Ability to download more games than offered by other game consol
Can anyone decipher that?
...and does anyone else suspect that this whole ordeal might be a front for the REAL BUSINESS?
REM Old programmers don't die. They just GOSUB without RETURN.
I'm waiting to hear what Gabe and Tycho have to say.
I assume this guy doesn't keep up with the relevant news on sites like HardOCP which is probably why he didn't read the article until recently. Probably he was trying to get a new influx of venture capital and the investers told him what they read on the review sites and to go fly a kite. That might be what set this off.
It really makes me mad when people get away with crap like this. This man defrauds investors over and over and over, and gets away with it in full public view.
Martha Stewart acts on a tip from her investor and dumps her stock and she'll likely go to prison and lose it all after being dragged through a lengthy federal process.
This idiot, on the other hand, really defrauds people again and again for millions of dollars, and does so blatantly while bragging about the size of his house (among other things, I'm sure) and walks away scott-free.
It ain't right.
Really....
What better way to gain a good rep with the community than to sue a well-known gamer's site.
Sheesh - just goes to show that they have not one clue about the market they're looking to sell to.
May not be the final nail in the coffin, but the nails are definitely in place.
Y'all need to get a life kids. Bullshit posts? Fake accounts? ... So why don't you all admit that you have nothing better to do than to bitch that someone is pretending to be a girl?
I'm no slashbot and am a big fan of crapflooding, but this level of admission is just pathetic. You loser boys living in front of your computers are just as lame as those bitching about fake accounts. Some of you idiots even pay this site just to karmawhore. So to both the slashbots and the troll wannabes, both y'all just get your ass outside and enjoy the world. There's more to life than Slashdot.
The only thing that [REDACTED] gets out of this is publicity. Over and over they have proved to have absolutely nothing: no offices, no capital, no product, no sense.
I would suggest that we cease and desist with ANY discussion of non-existant companies suing over non-existant damage arising out of non-existant product. Therefore HardOCP, Slashdot, et al should simply remove all references to [REDACTED] and their alleged console the [REDACTED].
It's the only way to ensure that such sites aren't the victims of spurious legal action. Else they'd be accessories to fraud for perpetuating information about things that don't exist.
Nicholas Eckert
vidstudent
The original article can be preserved forever in the /. archives by the first karma-chaser to post it here after HardOCP is /.'ed. Then let's see them try to remove that.
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
...looks to me like Infinium is trying to locate their next round of funding.
Anyone trashing Infinium here has not bothered to try out Infiniums offerings themselves. If you lazy asses would go to their web site you'd see that they have produced many great things already, including a really cool logo, an Acrobat PDF file with cool graphics embedded in it, and a kick-ass schweeet streaming video file that has techno beats, flashy words and graphics flying all over the screen, I was was like "Whoa! That logo is cool!" I want to upgrade my connection to T3 so I can download the bigger versions of the promotional versions, and here them in Dolby Surround!
The problem with most lame-ass gamers these days is everyone expects to go to the store and buy a plastic box and you bring it home and plug it in and "play with it", as if pushing buttons and controllling things on the screen really matters. Well that's old thinking. Now days we don't have to hold a gaming system in our hands to appreciate it. We can just download a promotional video clips (that are all free by the way, why pay for games when promotional videos are free?) and it shows you what the system would look like, that is if you wanted a plastic box taking space in your home, but we don't have to actually hold it and play it, do we? No!
Infinium is taking the next bold step into "non-interactive promotional gaming" and all of you are just screwing around wasting money on your Pac-Man ancient history non-promotional I-have-to-hold-it-in-my-hands gaming systems. Losers! All of you! I'm never reading Slashdot again, at least not until I come back to work on Monday, I swear, all weekend no Slashdot!
AFAIK HardOCP's article is a great little example of investigative journalism that dares to go a little deeper under the surface. This is pretty atypical given your average pseudo-tech articles with which we're being bombarded these days. Can you say Tom's? I knew you could. They just won themselves a regular reader. (ok, maybe for this week)
No hay banda
phan-tom (fan'tuhm) n.
1. an apparition or specter (The company)
2. an appearance or illusion without material substance, as a dream image, mirage, or optical illusion. (The device)
3. a person or thing of merely illusory power, status, efficacy, etc (Timothy Roberts!)
Thanks to Random House Webster's Dictionary for clueing me in.
parent is a troll - see the whole story in another thread this morning - 2 new accounts, trolling for mod points
*This* is a *real* threat:
"It must be apparent that the combined strength of all your terrestrial
forces is but a ridiculous nothing that I couldsweep away, with simply
a twist of a dial, for all time. A single one of my energy cannons
would suffice to change any of your larger continents into a boiling
sea of lava within a fraction of a second. With this ship alone, I
could destroy your entire solar system. Just remember this. Call me,
please, before it is too late."
-- Thora of the House of Zoltral
(from Perry Rhodan #1: Enterprise Stardust by K.H. Scheer)
According to Phantom.net, the "creed comes to life March 31st 2004 at our Phantom online store where customers can customize their own Phantom Gaming Service to meet their individual needs." They go on to refer to March 31st 2004 as the "e-commerce launch" ROTFLMAO!!!!
There website reads like a vaporware/dot.bomb parody. Oh PLEEEASE let me submit my credit card information to the "Phantom Online Store"!
This one gang kept wanting me to join cause I'm pretty good with a bo staff.
Good idea Infinium! Now everybody knows about the article you didn't want them to see. Intimidating people into not revealing inconvenient facts only works if you're big enough and ruthless enough to scare the people who have the information into submission. Since you aren't big enough to do that, people are willing to stand up against you - and the information you wanted to keep away from the world is spread about for all to see.
Your response to the article should tell your prospective investors that you're not smart enough to actually deserve their money or to use it wisely.
I wonder if Infinium Labs will partner with BuyMusic.com to provide music services on the Phantom console. Their CEOs seem like they'd get along very well, and have about the same success rate in business ventures. Only time will tell.
Make this site a tool, don't let it make you a tool.
Their attornies' website is http://www.mofo.com ?
Now *that's* truth in advertising.
The HardOCP article is beautifully done, as are the follow-ups. You gotta love it - - as long as you're not an investor. But if you're looking for a REAL gaming console, email me for the
It's only funny until someone gets hurt. Then, it's hilarious.
Frankly I think it's a great idea. Imagine, if you will hoards of gamers storming the stores and buying these things two and three at a time. All the high end model too. $500+$120=$620 apiece for a box of nice parts, all sold by Infinium at a loss.
And since it's really just a standard PC done up in a doofey box getting Linux to run on it will be a piece of cake. I predict about 1 hour from first sale to first running system.
Try imagining a beowolf cluster of these things. No, really imagine a beowolf cluster of these things.
How about a home LAN of nVidia 3D accelerated 3ghz P4s at $420 apiece?
Yep, I think every gamer should support HardOCP in this matter by purchasing as many Phantom's as they can lay their hands on.
Which brings us right back to the joke embedded in the products name.
KFG
I don't think would set a good precident for H to just take them down on an editorial at the first sign of legal trouble because that shows how easily H buckles to pressure, attracting other maggots to pressure them. To me, that would undermine H's credibility. If H didn't put up that page then much of the gaming world might not have known about how far down the con game goes.
And no, I don't think Infinium has jack for credibility either.
Supremum labs has released everything they promised plus or minus epsilon.
Yes, he is aware of that. He is not here for the post, he is here for the google crawler, as his subject line indicates. He wants google to find the link between terms like "Worst" and "Homosexual" and Penny Arcade. Unfortunately, he is not a particularly skilled google bomber, and apparently does not realize that he is meanwhile increasing the value of significantly more realistic search terms like "Comic" to Penny Arcade.
I grant "google bombing n00b" awards to both of you. Congratulations.
Blackballing is hardly the same as the capitulating to the demands.
If H didn't put up that article, and nobody else put up Infinium articles, many people would either not know Infinium exists or forget about them. That would make for a happier world, and make it harder for Inifinium to put their con on.
Not saying they shouldn't have done it in the first place - but at this point, let's just remove them from the memepool and go about our lives.
So was this Kevin Bachus' "first move" after joining up with Infinium Labs? I don't recall hearing any other action from him since leaving Microsoft.
So, after a couple (few? I forget exactly when he defected) months with the team, the best thing he can come up with to add credibility (wasn't that one of the things he was touted to do?) to the Phantom is to sue a news site for libel and diluting their trademark?
What exactly was he in charge of on the DirectX team, anyway? The patent portfolio?
Or, giving him the benefit of the doubt, maybe calling the phone-in press conference was just the first task Mr. Roberts assigned him to?
It just makes me feel so warm and fuzzy inside when I see all these video game industry "leaders" from Microsoft (Seamus "I want to invent another layer of middle-man!" Blackley in particular) leave, only to be shown for the useless, uninspired jackasses that they are. It's a little harder to survive when they don't have a near limitless supply of cash, eh?
--Jeremy
Jesus was a liberal
Finally caught up to Roberts since there were some people that actually checked on his "credentials".
Did you know that the prohibition against restriction of freedom of speech applies only to the government?
--Rob
Towards the Singularity.
MoFo: The Phantom Menace
Beauty is in the eye of the beerholder.
keep in mind they not only want the article removed, they also want a retraction printed. While they might get the lawyers to agree to part of the demands, it doesn't seem likely in this case. And, printing a retraction would harm HardOCP's credibility to it's readers.
With all the commenting of vaporware, censorship, and after reading the article, here's what bothers me. 1) This sounds like Fraud. Really, really, really bad fraud. I don't think I would buy this game console for that reason. But, I have other reasons to. 2) Because the "Phantom" console uses a custom version of the Windows XPe kernel (the hell is XPe by the way... I've never heard of it.) Even though Microsoft has let this sort of thing happen before, I don't think they'd let it go on to for too long. Especially with X-Box 2, etc. I'd think that Microsoft and Sony would do something like the streaming game content themselves, along with adding other stuff that could be useful. 3) These people have no idea about console design apprarently. Aren't the rules of console design supposed to be "standardization" of product, so that EVERY game you design can work on EVERY console you PRODUCE! What's with this "configure your own system" crap? What if a new game comes out that you can only play on the highest end configuration and you have the bottom of the barrel. Yeah, that's not good. I just don't trust this period. It's definitely not a "fair cop guv."
"Now there's a look in your eyes, like black holes in the sky"-Pink Floyd
Who knew
www.mofo.com as their web site address?
What will those whacky legal professionals come up with next?
Reason why there is hope for the future generation #364:
"I wish my grass was emo so it could cut itself."
And yes, it was expensive, but worth it. Price is no object so I ordered the "top of the line" model complete with a Bitboys video card and I even get a certificate to take to the store and pick up my copy of Duke Nukem Forever!! I WIN !
does anyone else find it hard to take seriously a letter from a law firm whose second level domain is "mofo" ?
They must be getting their ques from RIAA... if at first you make bogus claims and the public doesn't bow to you, then sue!
...oo, oo, or what if they set up a Cafe Express shop with Phantom gear! That would be sweet!!
RIAA did it with their sales numbers, and Infinium is doing it with their product as a whole. They're lucky anyone as taken notice of them for this long at all.
If they had any forthought at all, they would have been raking in the cash from Amazon ads on their site and maybe actually got 25 Mil to start on something.
[ http://www.dvigroup.net/self ]
It's at infiniumlabs.net, not infiniumlabs.com
Wouldnt want them to miss out on their own (3rd?) slashdotting...
Using the Infinium labs legal team to fight a case of lible against an individual merely makes him look more guilty(of being incompetent in this case).
:)
Learn from the ants not the grasshopper.
As far as the Phantom goes it sounds like the kind of thing I would be interested in depending on how modular and cheap they are able to keep it. Don't let the head of the company being a complete ass from letting you enjoy what could potentially be a quality product.
From the above you can tell I am optomistic about the chances of the product launching, it's more like I believe it could launch. There really wouldn't be any work involved in creating the system they are talking about, grab some off the shelf components, add cheap modular OS, add win emulator (WineX?) Make deal with one of the billions of PC game designers to publish some games. And now this fellow has a bee in his bonnet maybe he'll get off his ass and do it. Or at least build an office
Are you two retarded?
First off is this a valid legal tactic, suing someone because their perceptions might not gel with your idea or might endanger your effort?
.5 billion ds that the state supposedly had, to defeat a tax raise. Of course the state didnt have it and the bill was defeated, in no small part due to a certain syndicated show. If there is a similar situation can the govt. legally go after the host or does that fall under free speech?
If it is, can the govt. (local or fed) sue, lets say 'certain' radio talk show hosts who publicize and rabidly follow information they cannot verify? For eg in OH (could be another mid-west state) conservative talk show hosts just went on and on and on about
Every time I see this reaction I just assume the reporting was correct, its a standard reaction from certain sorts of scam artist. Do anything that props up the lie at the core of the scam. The worst possible action to take if Phantom is real.
Just like SCO they need publicity and they don't care what sort it is, as long as a few more potential 'investors' get to hear about the company.
Does Phantom exist? It doesn't really matter, there's no difference between vapourware and a real product that never ships. All I can say with certainty is no-one in the industry actually seems to care so far.
After reading the article they almost have me convinced that the Phantom is not real and this guy is just trying to steal investors' money. If I were investor I'd pull out now.
Infinium's law firm is called MoFo. That just about sums everything up nicely.
N4st0r, trixx0r h0bb1tz0rz! Th3y st0l3 0ur pr3c10uzz!
According to "Web Pages That Suck" (old book), the owners of the domain (at least at that time) knew exactly what "mofo" meant and were proud of it.
"Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
They are working a deal with hollywood for a movie, "Boiler Room 2: Back in Business".
This is all pre-movie publicity. And if they get Vin Diesel to star in it:
Profit!
(Did anybody else think of Boiler Room while reading the Hard OCP articles?)
"Googling For Prospective Date Unmasks Fugitive"
So they want to surpress free speech in the gaming community? I saay boycott this piece of shit when it comes out to send them a message, that is IF it ever comes out.
Is Savvis the same Savvis in Herndon, Virginia? The same one using an unsecured wireless router that's easily detectable from anywhere even close to the headquarters, including the Dulles Toll Road? :)
Tim Roberts should have his on dedicated section on f*ckedcompany.com. Actually, he shouldn't be listed, he's doing ok.....his investors should be listed they're the ones being f*cked.
Now the next step will be to at DDoS to Slashdot's crimes against their company.
...then send threat letter to somebody to raise again awarness of your company.
C. Sagan : A demon haunted world:
http://www.amazon.com/gp/product/0345409469/
visit randi.org
I give up. I can't tell the litigious bastards without a scorecard anymore.
Okay, someone clue me in. Which litigious bastards are we supposed to be angry at now?
These litigious bastards ... ...
these other litigious bastards...
now these litigious bastards
or perhaps (and oldie but a goodie) these litigious bastards
Man, that's going to be an awful lot of HREFs to compile in my posts to talk about anybody on Slashdot anymore.
Karma: Frotzed (mostly due to the Frobozz Magic Karma Company)
Does anyone else find it a bit funny/wierd/strange (whatever) that MoFo is listed on the Phantom's web site as an investor? I don't know about you, but how many law firms do you know of invest in gaming consoles?
Also why is it that there are two legal counsils? One in California (MoFo), and one in Florida (IcardMerril)? Futhermore why would two different law firms haw use pretty much the exact threatening letter? Did they get it from the same book/website/Matlock episode?
I'm in Canada and I can tell it doesn't smell right from way up here!
It's fun being Catholic!
Shouldn't you be doing seventy nine Hail Marys for getting an erection when you showered this morning?
...by a journalist. It's the doctrine of "actual malice" enunciated by the court in the case "New York Times vs. Sullivan". Essentially, the journalist has to have actually lied or acted with a deliberate disregard for the truth in publishing the defamatory story. Unless Roberts can successfully argue that HardOCP isn't a media outlet protected under Sullivan, I doubt that he will prevail in a libel lawsuit.
144l. ph34r my 133t l3g4l 5k1lz!
It smells like a SCO to me!
extern warranty;
main()
{
(void)warranty;
}
Did you guys happen to notice that this blowhard's house was "sold" to him for a mere $100? Someone *gave* him this house.
a sp ?PropID=0008-15-0002
http://www.sarasotaproperty.net/scpa_transfers.
well, being a first-time visitor to HardOCP today, i must say that they're benefiting from all this hullabaloo as well.
of course, we all hate it when people do things for attention, don't we?
i think i win the cynicism prize.
Who would have thunk the RIAA and their methods would be so prolific eh? Maybe this suing your customer base thing really works! Infinium is just jumping on the bandwagon next to Blizzard and Verant.
There's no such thing as bad publicity."
I kind of see it like spam. Most of the people who read about this will be pissed off, but a few will be intrigued and preorder a console or invest in it as a long shot. With the exposure they're getting, they're going to "accidentally" reach at least a few receptive minds.
Also, on the offhand that they actually put together a product in some form, no matter how poor it is, people will now have heard of it...
(For the record, I think it's bogus and am apalled at their attempts to further pervert the legal system for financial gain.)
'the Internet is right.'
Links to the company's SEC filings are here. Pretty illuminating.
1 Hour?
Slap a CD drive in the bitch, and boot up Knoppix. What? 15 minutes? 30-45 including the trip home from Best Buy?
Yarrrr
Well if it was $1,250,699 I would start to get a bit suspicious...
you may find the Higgs in this signature.
Yep, the drive home from Best Buy was included in my time estimate. However, I was considering the issue a full install on the HD.
KFG
http://www.mofo.com/about/pressroom.cfm
m .
Error Occurred While Processing Request
Error Diagnostic Information
ODBC Error Code = S1000 (General error)
[Microsoft][ODBC Microsoft Access Driver] Could not use '(unknown)'; file already in use.
Hint: The cause of this error is usually that you have opened your database in its native environment using exclusive mode. This is a particular problem for Microsoft Access because the default open mode for all databases (unless you specify otherwise) is exclusive. You can (and should) override this behavior in Access using the Multiuser/ODBC section of the Options dialog.
Another possible cause is that you have set up your ODBC data source to be opened in exclusive mode. Unless you only want one user at a time to access your database you should never set ODBC data sources to be opened in exclusive mode.
SQL = "SELECT Distinct m.MediaID, m.Title, m.Author, m.DateSpec FROM tblMedia m, tblMedia2Type t WHERE m.active=on AND t.Rel_M2T_MediaTypeID=1 AND t.Rel_M2T_MediaID=m.MediaID ORDER BY m.DateSpec DESC"
Data Source = "MOFO"
The error occurred while processing an element with a general identifier of (CFQUERY), occupying document position (2:1) to (2:55) in the template file D:\Inetpub\wwwroot\sights\Mofo\about\pressroom.cf
Date/Time: 02/20/04 13:05:31
Browser: Mozilla/4.0 (compatible; MSIE 6.0; Windows NT 5.1)
Remote Address: 24.210.187.160
HTTP Referer: http://www.mofo.com/
-- Powered By Linux
I haven't followed too much onto the story of Infinium labs since their game console broke out into the news. It seems that HardOCP did a pretty detailed job in trying to figure out what Infinium Labs is all about. And yes, this is the first time I've seen the article at HardOCP. Sucks for Infinium Labs.
suteki!
When I saw the title I thought Infinium was threatening to launch a gaming news site.
At least it's just pointless legal gestures.
Ravi
When the axe came to the forest, the trees said, "Look out - the handle was once one of us."
The SCO business plan is not a plan for success!
in girum imus nocte et consumimur igni
The article is a really good read, btw. What is wrong with this firm? No, wait, don't answer that.
God Bless America. Why? Did it sneeze?
They didn't when they first derived the name, but they learned quickly. And trust me, they think it's hilarious. They're not a fly-by-night shop, either; they've earned the respect of their peers and their customers.
You cannot apply a technological solution to a sociological problem. (Edwards' Law)
From filings with the SEC:
THIS STOCK PURCHASE AGREEMENT is made as of the 22nd day of January, 2004, by and between Infinium Labs, Inc. (the "Company"), a corporation organized under the laws of the State of Delaware, with its principal offices at 2033 Main Street, Suite 309, Sarasota, Florida 34237, and SBI Brightline VI, LLC, a California limited liability company with its principal offices at 2361 Campus Drive, Suite 210, Newport Beach, California 92612 (the "Purchaser").
On January 22, 2004, the Company entered into a Stock Purchase Agreement with each of SBI Brightline VI, LLC and Infinium Investment Partners, LLC (each, a "Purchaser") obligating each Purchaser to purchase, upon the Company's election, up to 1,000,000 shares of the Company's common stock for an aggregate purchase price of $7.5 million (representing an aggregate purchase price for both Purchasers of $15.0 million). Each agreement requires that the Company register the shares under the Securities Act of 1933, as amended (the "Act"), for resale by the applicable Purchaser, and each Purchaser's obligation to purchase the shares is contingent on the shares being so registered. After the shares are registered, the Company may elect to sell the shares to the Purchasers in two tranches that must be sold in the following order:
Number of Purchase Price
Shares Per Share
500,000 $7.00
500,000 $8.00
I once had a sig that read "It's easier to listen to a sycophant, than a critic", and, after reading the above I was reminded of a criminology book I once read (apologies for not being able to remember the title) that posited the theory of "right-brain thinking" as one of the principle sources of criminality in man. In right-brain theory (if it can be called a theory), individuals learn from early childhood that satisfying the ego comes first, above all else . This leads to a rigid adherence to a "me first" attitude in every aspect of life. In essence, right-brainers mature with little to no self restraint, living every day in a constant state of "gimme now!!!" possessiveness. Anyone that tries to "oppress" the selfish behavior is automatically perceived as the "enemy", while those that encourage it are blessed as companions in arms.
Reading about this Infinium nonsense, and thinking over what you wrote, made me wonder: could capitalism will prove to be the greatest curse that mankind ever brought on itself? Could we be creating generations of right-brainers, all feeding one another's egos for the sole purpose of eliminating all competition?
I'm not tense. I'm just terribly, terribly, alert.
Ripping of venture investors is like get rich quick schemes - the people getting ripped off have let their greed overtake their common sense & thus deserved to be ripped off. IE it's karma
In regards anyone with a western middle class back grounds (or better), yes being rich won't necessarily make one happy, but in regards anyone who's lived in grinding 3rd world poverty for any sort of length of time, wealth will definitly make one happy.
One's perspective all come's down to where one is coming from.
People of western middle class backgrounds have no idea what the insecurity of grounding 3rd world poverty is like. Just imagine what it would be like knowing that if one can't manage to get a days work tomorrow doing 15 hours manual labour in tropical heat, then one will have no money to feed one's self & one's children. Then just imagine the security that one would fill with sudden wealth, when one has had to live like that all one's life.
The only one's in the west that can really comprehend the insecurity of wondering where one's next meal is coming from, are Junkies who are willing to beg, borrow or steal to get their next shot (otherwise they'll be too sick to function)
Really there's no one happier than a 3rd world peasent that's all of a sudden wealthy
Ok, one of the links provided by the NewsForge story indicates that Mr. Roberts lives and/or owns property on Longboat Key. Well, I live in Sarasota, which is right next to LBK (as the locals call it).
:)
That island is so saturated with rich people, its scary. I got bored one night and checked out LBK via census.gov. Less than 20k full time residents, 97% white, 50-60% over 65 years old, and the island has a bigger taxable value than the city of Bradenton, which has over 51k people.
(And for a good laugh, hit www.longboatobserver.com and search for "Cops Corner". You too can see what the people on LBK call the police for.. "June 14 2002 4:49 p.m. -- 3400 block Bayou Sound. Property lost. Subject is missing hearing aid worth $5,300.")
And if anyone wants 'em, I could be taking pictures of this guys house in less than 20 minutes
MRE
___
http://www.slagg.org - LAN Gaming in Sarasota FL, USA
Hey check out my invention.
What is it?
You know, for kids.
Oh wait, that was Tim Robbins, not Roberts
Often in Error, Never in Doubt.
www.hardocp.com
The "e" in Windows XPe stands for "embedded."
I like the phantom flash site for broadband, I'll givem that, atleast it actually exists..
Industry Leader, leading gaming system, performance leader in the interactive industry...
Isn't this in the U.S., where you can sue people for harrasment because their wearing to bright colors?
How come this plain and utter nuissance of a company even still exists?
Isn't their any law preventing a company from spreading bullshit or is it all ok under that 1st amendment thing?
We've got free speach in germany too. But if you go on bullshitting the public on that level over here, you're bound to recieve some major legal ass-chewing from the Boersenaufsicht (german SEC) or some court. Just like SCO Germany. They we're hushed within a few months time last year. Shut up, proove your public statements on pay a large fine.
Is it that hard to establish an exempt ruling that does the same in the US?
I mean, coffee spillers can sue MCs for large sums, so where is the problem?
In this area I find the US law system a tad unbalanced, don't your think so too?
We suffer more in our imagination than in reality. - Seneca
"Two"?
why offtopic? he is a troll, just trying to help =/
-ashot
In the article that has Infinium all pissed, there is a quoted press release with the slogan "Built By Gamers For Gamers (tm)"
Am I mistaken, or is that slogan already taken and trademarked by Interplay?
Sarasota, Florida [city of origin] - January 6, 2004 [date] - Infinium Labs, Inc. [company name], formerly Global Business Resources, Inc. [their previous name] (OTC BB: GBBR) announced today that on January 5, 2004, (after the closing of the markets), it completed the acquisition of Infinium Labs Operating Corporation, [they are saying they bought this corporation] formerly Infinium Labs Corporation [the corporation's former name]. The transaction was completed by the merger of a wholly-owned subsidiary of Infinium Labs, Inc. into Infinium Labs Operating Corporation with Infinium Labs Operating Corporation surviving as a wholly owned subsidiary of Infinium Labs, Inc. [that corporation is now a subsidiary of them.]
As a result of the acquisition, Infinium Labs acquired the Phantom Game Service. [now they have the Phantom Game Service] The Phantom Game Service is a next-generation gaming system that supports games on-demand, game rentals, game demos, seamless upgrades and patch management. At launch, the Phantom(TM) is expected to be the fastest, most powerful gaming system on the market and will include a broad selection of pre-loaded games, on-demand games and game rentals.[described]
The Phantom Gaming Service is an always-on broadband device, which will allow gamers a wealth of options, from wireless connectivity to massive multiplayer capabilities, allowing gamers to demo games before purchasing or subscribing. [described] For more information on the Phantom Gaming System, please visit www.phantom.net. Infinium Labs, Inc. does not have any material operations other than those acquired in the acquisition. [more info, but they don't have all info]
About Infinium Labs, Inc. [they will give info about the company]
As a result of the acquisition, Infinium Labs Inc. is an industry-leading global entertainment and interactive game company. Infinium Labs has developed and is marketing its flagship product the Phantom Gaming Service, a leading edge and intuitive gaming and content delivery system that is the performance leader in the interactive entertainment industry. Founded and managed by a management team with extensive experience in interactive media, entertainment and technology, Infinium Labs markets a robust gaming system that appeals to a wide audience of consumers and interactive gamers with its ease of use, quality assurance and robust delivery system. For more information, please visit www.infiniumlabs.com or www.phantom.net.
Safe Harbor Statement [standard statement for legal reasons]
Certain statements included in this press release may constitute forward-looking statements. Actual results could differ materially from such statements expressed or implied herein as a result of a variety of factors including, but not limited to: the development of the Infinium Labs technology, the successful marketing and distribution of the Phantom Gaming System, acceptance by the market of Infinium Labs, products and technology, competition and timing of projects and trends in the gaming industry, as well as other factors expressed from time to time in filings Infinium Labs will make with
I hate to be the one who is defending Roberts/Infineum--in fact, I have no doubt they are vaporware purveyors, and Mr. Roberts is a financial vaporware wizard par excellence, if you will--but the original HardOCP article itself, while amusing and entertaining, is a class A example of sloppy, and yes, potentially libelous reporting. It's the same breed of "reporting" that makes Michael Moore movies so frustrating--you agree with the point, but the method is so flawed.
IANAL, but I'm a senior editor of a mainstream US magazine and if this copy came across my desk the writer would be back on the street doing some real reporting--this article is 99% deskside reporting, with the exception of the funny photos. Whatever unverified facts he doesn't scoop up from the internet (we all know how reliable it is, right?) he gets from either anonymous "volunteers" or he makes an assumption and calls it fact. Sure, he attempts some half-hearted phone calls, but according to the lawyer's letter, he was given opportunity to clarify some points which he refused to do. And how about giving Roberts a chance to defend himself (in a meaningful way)? How about putting in context the fact that 90% of all dotcom-era businesses were guilty of the same excesses (and failures) that his early businesses were party to? How about talking with anyone who has seen the damn Phantom, or works for Infineum or even one person in the gaming industry? And the WorldCom comment is just an absurdity..... etc.
As much as I agree with the sentiment of the article--Roberts IS a Huckster, IMO--the fact remains that this is a sloppy piece of reporting, and while our libel laws are generally pretty generous to the media, I don't think the lawyer's claims are so farfetched in many cases. This piece was clearly conceived as a hatchet job from the get-go, and would've been stronger, and iron-clad against lawsuits, if some very basic journalistic rules had been followed. So much for fair and balanced...