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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.

31 of 340 comments (clear)

  1. Bad move by zeux · · Score: 4, Interesting

    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 ;)

  2. Is Andre Lamothe there? by SpaceRook · · Score: 2, Interesting

    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.

  3. Don't look behind the curtain by curtisk · · Score: 4, Interesting

    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!

  4. Good for HardOCP! by NSash · · Score: 4, Interesting
    This is our official response in regards to this matter:

    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.

    1. Re:Good for HardOCP! by Kris_J · · Score: 2, Interesting

      Or they could just purge every mention of the Phantom from their website and wash their hands of it. I know it would look like they were giving in, but honestly I don't think I'd want my website to show up on a Google search of "Phantom Console" or "Infinium Labs".

  5. Re:through my eyes by ch-chuck · · Score: 2, Interesting

    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); }
  6. Re:$1,250,100 ... by Anonymous Coward · · Score: 1, Interesting

    That's the assessment value used to calculate the guy's taxes, not the sale price of the house. Every dollar counts when doing taxes.

  7. Re:Go Infinium.. or something.. by hchaos · · Score: 5, Interesting
    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...
    It would be smarter, because they could then show that the HardOCP's statements were in fact false, which is necessary for a libel or defamation claim, but they wouldn't win anyway, because they would still have to show that HardOCP knew the statements were false. And the "use of Infinium's proprietary images ... with the intent to tarnish Infinium's image and dilute the value of its name" isn't going to get them anywhere, because HardOCP is a news organization, and has a lot of protections against this kind of thing, and definitely is not subject to trademark issues on this matter.

    The letter is probably nothing more than legal posturing, intended to scare the little guy, but of little use to anyone who has their own lawyer.
  8. Re:through my eyes by loserbert · · Score: 2, Interesting

    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.

  9. Re:$1,250,100 ... by Anml4ixoye · · Score: 4, Interesting

    If you looked at the bottom of the Property Appraiser's Page, you would see that the last transaction on the property was when it was sold in 2001 for $100.00. That's where it comes from.

  10. Re:MOD PARENT DOWN by Anonymous Coward · · Score: 1, Interesting

    I'm curious as to how you know Infinium's employment history.

    That doesn't discount what you're saying re: bullshit troll account, but it is strange that you know Infinium's all-time employment roster.

  11. ID numbers reveal the scam by Anonymous Coward · · Score: 2, Interesting

    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!

  12. PT Barnum School of Publicity by bbsguru · · Score: 2, Interesting
    PT said it best: "Any publicity is good publicity, as long as they spell your name right".

    With that in mind, I hope these bastards at Infernalium.com are blessed with an army of dyslexic sycophantic PR flaks.

  13. Proving everyone right by Anonymous Coward · · Score: 1, Interesting

    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.

  14. Two ways to respond. by vitaflo · · Score: 2, Interesting

    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.

  15. using google's power to discredit phantom by jdkane · · Score: 3, Interesting
    Beyond the fight about the article itself, I am most surprised at how Google's power is used to effectively and accruately trace the owner's history. The article in question also makes effective use of the Google cache to point out content at a specific point in time.

    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.

  16. IANAL by Attaturk · · Score: 5, Interesting

    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.

    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 /. IANAL's and IAAL's debunk this particular conspiracy theory. :)

  17. Jiggery-pokery? by karmaflux · · Score: 5, Interesting

    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.

  18. Re:$1,250,100 ... by 36526542DD · · Score: 3, Interesting

    That is him selling the house to a relative or associate for $100, to protect the house from litigation and bankrupcy.

    That way, when his virtual house of cards comes falling down, which it will, he still has a physical house to go back to.

    Dishonest people filing for bankrupcy (which accounts for about 98% of bankrupcies) often transfer assets into the names of their children, etc to avoid losing them.

  19. Re:Actually, it's libel. by Winkhorst · · Score: 5, Interesting

    Doesn't there actually have to BE a product?

    In any event, I just sent the following email to their corporate lawyers, who, amazingly enough, go by the acronym MOFO:

    Gentlemen:

    First let me say that your corporate name, MOFO, sounds as if it were specifically designed to strike fear into the hearts of anyone you deal with. Or perhaps you just don't understand the slang meaning of the term MOFO.

    I have just read the article, "Behind the Infinium Phantom Console," at the HardOCP site against which you have apparently issued a nasty letter in your best lawyerly legalese. I am curious, since I take the idea of freedom of speech quite seriously, just why exactly your client and you refused to supply the above mentioned site with any information as to what exactly you found inaccurate or distressing about that article. Personally, I found it quite enlightening and informative. Just for the record, just what exactly DO you find inaccurate about this story? I am always interested in learning the truth and I look forward to your reply so that I may further my knowledge of this company and its director.

    Regards,

    [deleted]

    --
    "Is this Winkhorst a nova criminal?" "No just a technical sergeant wanted for interrogation."
  20. Re:Way to win over potential customers by EvilAlien · · Score: 4, Interesting
    I don't think they are at the "potential customer" phase of their business plan. I believe they are still at the "potential product" phase, since Rob's articles suggests they have finally passed the "potential office space" phase.

    The Phantom isn't vaporware... the COMPANY is vaporware. These guys are probably failed spammers... what is Bachus going to have once Infiniwhatsit strips him of his credibility?

    --
    perl -e 'print $i=pack(c5, (41*2), sqrt(7056), (unpack(c,H)-2), oct(115), 10)'
  21. Re:Go Infinium.. or something.. by faust2097 · · Score: 2, Interesting

    From what I've seen they have yet to show a working prototype that is actually playing games on it. They have a giant aluminum box with a PC case concealed entirely within it that they plug in and the logo on the front lights up.

    When I first heard of the Phantom I assumed it was one of those startups that exists for the purpose of failing but getting the founders paid while it happens. There's a lot of dumb people out there with a lot of money to throw around. At this point though it seems like they're going to go through with the whole thing and it's going to suck as much as we all think it will.

    One funny side note, it appears that the champions of overdone Flash BS, 2advanced, have made a "strategic marketing alliance" with Infinium Labs. If this means that they're not getting cash up front for their work they're in for a nasty shock.

  22. Re:I have seen this type of scam before!! by mlh1996 · · Score: 2, Interesting

    This is modded funny, but it's true.

    Scam #1 was actually the MO of one company I worked for. They eventually fired me because I kept barging into the boss's office and demanding that we actually hire some damn programmers.

    --
    Lack of creativity is no excuse for not having a .sig
  23. Re:This is damn sad. by The+Wing+Lover · · Score: 5, Interesting
    What kind of strange alternate reality is this company living in?

    The United States of America.

    --

    - In Capitalist America, law violates YOU!

  24. Company Funding by Deliveranc3 · · Score: 2, Interesting

    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 :)

  25. Pretty much confirms it was a scam by Anonymous Coward · · Score: 1, Interesting

    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.

  26. Re:Actually, it's libel. by Winkhorst · · Score: 2, Interesting

    I was not specifically refering to constitutional prohibitions on the limiting of freedom of speech by the government. It is my personal opinion that freedom of speech is important in any environment, whether governmental or not. And whether this broader protection is guaranteed by any legal document or not, it is certainly a basic human right to be able to speak your mind as long as you don't infringe on the rights of others, for instance, my right not to have to wade though 500 pieces of junk email everyday.

    Focusing on what is actually happening here, at the very least it appears that a particular company is using its monetary power to usurp the courts for the purpose of shutting up someone who, again at the very least, appears to be bringing up some rather embarrassing points about the history of a particular corporate executive associated with that company. It is certainly important that the public in general and investors in particular be aware of this history, for it directly affects the viability of that company.

    The flaw in the system seems to be that it requires significant sums of money to defend oneself against this kind of attack, so that, in my own humble opinion, it is incumbent upon the courts to see that any such misuse is punished to such an extent that it dissuades others from attempting to protect their good names by stifling all suggestion that that good name may have been purchased with advertising dollars and not with acts of merit.

    --
    "Is this Winkhorst a nova criminal?" "No just a technical sergeant wanted for interrogation."
  27. MoFo an investor? by littlej · · Score: 2, Interesting

    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!

  28. Re:Go Infinium.. or something.. by screwballicus · · Score: 2, Interesting

    The prototype proves one thing:

    They can demonstrate a nice PC case mod.

    They have NOT demonstrated the ability to for example produce peripherals. They are using off the shelf logitech peripherals, as demonstrated in their screenshots.

    And I could easily be wrong, but the Phantom logo on that logitech keyboard just looks photoshopped on to me.

  29. Did anyone else notice the resume?? by murfygirl · · Score: 3, Interesting
    Who puts this on their resume, unless they are just trying to stream a line of BS.
    Quickbooks, Quicken, CuteFTP, WINRAR, WINACE, WINZIP, Windows Media Player, Real Player, Roxio Easy CD Creator, all internet browsers and most others.
    I removed some of the stuff that was acceptable on a resume, but who asks if you can use Winzip or WMP. That's like asking if you can use the microwave.
  30. Isn't that the marketer's dream? by _LMark · · Score: 2, Interesting

    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.'