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Infinium Labs Threatens HardOCP Again

XBox4Evr writes "In a follow up from two weeks ago, Infinium Labs is again threatening the tech website HardOCP with legal action. This in itself, is no big deal, but to actually read the letter from Infinium Labs lawyers will make you wonder if an educated person actually penned the documents. This seems to another huge blow to IL's credibility in the console market in general, now that ex-Xbox manager Kevin Bachus is on board with Infinium Labs."

463 comments

  1. News for lawyers, stuff that bores... by monstroyer · · Score: 5, Funny

    Are lawyers nerds? I'm seeing more and more "Here's a link to some legal documents, enjoy!" on the front page of slashdot. I can't read these things without falling asleep on the first paragraph. Is there some sort of hobbyist lawyer nerd demographic that i am completely unaware of reading this site? Legalese thrill seekers? Not only that, but this is the gamers section of slashdot... Dude, i'm so into GTA, QUAKE and LEGAL DOCUMENTS, woah! Anyone?

    1. Re:News for lawyers, stuff that bores... by darc · · Score: 1

      > Are lawyers nerds? ... Is there some sort of hobbyist lawyer nerd demographic that i am completely unaware of reading this site? Legalese thrill seekers?

      Clearly, you've never read "Ask Slashdot", the apparent Armchair Lawyer Depot.

      --
      Tired of legitimate data sources? Try UNCYCLOPEDIA
    2. Re:News for lawyers, stuff that bores... by psxndc · · Score: 1, Funny

      Are lawyers nerds?

      Hi. I go to law school. I used to be a software engineer but I became interested in the law after reading YRO on slashdot over the years and decided to switch careers.

      Not only that, but this is the gamers section of slashdot... Dude, i'm so into GTA, QUAKE and LEGAL DOCUMENTS, woah! Anyone?

      I used to clan in TFC (I prefer the HL feel over Quake3). I own every major console from the last 15 years except X-box and Turbo Graphix 16. Can I please read the interesting article now? Thanks.

      psxndc

      --

      The emacs religion: to be saved, control excess.

    3. Re:News for lawyers, stuff that bores... by ThresholdRPG · · Score: 5, Insightful

      > Are lawyers nerds? I'm seeing more and more
      > "Here's a link to some legal documents, enjoy!" on
      > the front page of slashdot.

      Here's the situation.

      1) Most people think they know the law. They know the law is important, they think THEY are important, therefore they understand the law.

      This erroneous conclusion is one of the reasons so many people get themselves in severe legal trouble.

      2) Computer Nerds are usually smart. High tech stuff is currently one of the hottest fields. Therefore, since they are smart in one of the hottest fields, they decide they are ESPECIALLY smart.

      Since lawyers are "old tech", anything they do must be inferior to anything high tech. Thus, computer nerds conclude they understand the law better than lawyers.

      The result of this is that nerds LOVE to discuss and debate the law. They run a few google searches and turn into Atticus Finch on roids.

      Sadly, their conclusions are usually WAY off base because the law is written to be deliberately difficult to understand without a legal education.

      3) The internet has turned many areas of law on its head. There is an intense struggle created by the deficiencies in traditional laws that worked fine before the internet and before computer popularity. Thus, law and technology are often the two main elements to a major news story. This means people interested in either one will often become interested in the other simply because of how it might impact them.

      --

      -Michael
      Threshold RPG
    4. Re:News for lawyers, stuff that bores... by enjo13 · · Score: 2, Insightful

      Sadly, their conclusions are usually WAY off base because the law is written to be deliberately difficult to understand without a legal education.

      This isn't true.. as a matter of fact most law is fairly easy to understand. The language, while often very verbose, is also generally very pointed and is actually quite straightforward. Most first year law students will tell you how struck they are that laws are that easy to understand.

      What lawyers REALLY do is understand laws in the context of OTHER laws. So while understanding a singular law (like the DMCA, interpretation notwithstanding) may be relatively easy, understanding how it overlaps and interacts with all of the other laws on the books does require a degree in research science (otherwise known as 'law school':) ). Law is incredibly complex when you consider the volumes and volumes of laws and interpretations of laws that often apply to one single case point, and a good lawyer is one who has a handle on that.

      --
      Turn s60 photos into awesome videos with mScrapbook for all S60 3rd edition phones!
    5. Re:News for lawyers, stuff that bores... by ThresholdRPG · · Score: 4, Insightful

      > This isn't true.. as a matter of fact most law is
      > fairly easy to understand.

      Aha.

      So a fee simple subject to a condition subsequent is fairly easy to understand for a non-lawyer?

      How about the parol evidence rule? Are non-lawyers familiar with this *vital* aspect of all contract law?

      Hell, most non-lawyers don't even know the difference between slander and libel, much less the difference between an easement and a covenant.

      Much of the law is deliberately written to be confusing so only lawyers can decipher it. Other aspects of law make use of important terms of art that a normal human being just isn't going to know.

      There are good and bad reasons for this, but it is indeed true.

      I am speaking as a former lawyer (UGA, class of 1998) who hated the job and started an internet gaming company. I am quite familiar with the topic.

      --

      -Michael
      Threshold RPG
    6. Re:News for lawyers, stuff that bores... by nastyphil · · Score: 1

      IAL

      --
      Dialectician. Archology.
    7. Re:News for lawyers, stuff that bores... by jackbird · · Score: 1
      Much of the law is deliberately written to be confusing so only lawyers can decipher it. Other aspects of law make use of important terms of art that a normal human being just isn't going to know.

      You could say the same of almost any group of people who need to communicate within their field. Programmers, for example. Or internet gamers, as in:

      "Hell, most non-gamers don't even know the difference between latency and bandwidth, much less the difference between a quad and a railgun."

    8. Re:News for lawyers, stuff that bores... by Anonymous Coward · · Score: 0

      One thing lawyers and techies both do is COME TO A POINT!? Think you could do that?

    9. Re:News for lawyers, stuff that bores... by Anonymous Coward · · Score: 0

      Here's the situation.

      1) Most people think they know the nature of people. They know the nature of people is important, they think THEY are important, therefore they understand the nature of people.

      This erroneous conclusion is one of the reasons so many people get themselves in severe mental trouble.

      or said another way...

      Arrogance is the strength to see in others what you lack in yourself and yet still miss the fucking point.

    10. Re:News for lawyers, stuff that bores... by ThresholdRPG · · Score: 1

      Yup. You sure could.

      Too bad that is absolutely irrelevant to the issue here.

      The topic is law and why "nerds" seem to be so interested in the subject on /.

      The fact that the law is deliberately written to be confusing to non-lawyers was one aspect of one of my 3 major reasons why the subject of law crops up so often here.

      I never said the law was UNIQUE in this regard.

      --

      -Michael
      Threshold RPG
    11. Re:News for lawyers, stuff that bores... by Moraelin · · Score: 2, Interesting
      the law is written to be deliberately difficult to understand without a legal education.

      Much as I hate spoiling a good conspiracy theory, I really don't think so.

      IANAL, but from what I can tell, "legalese" is so verbose because it tries to be watertight and cover all the possible cases. "Normal human beings" say things more concisely, but that relies on the goodwill of the other party to not deliberately find holes in it. When it comes to legal stuff, all that is turned on its head.

      Have you ever been in a debate with an RPG or TBS "rules lawyer"? Or have you followed what happens on MUDs or MMORPGs with the rules? (By your sig and username I would assume so.)

      The MUD might have a rule that says "Bugs shall be reported. Abusing bugs to gain unfair benefit or advantage will be punished." It's clear, concise, and understandable by everyone, right?

      It's however also the prime example of why IRL we need legalese. People will argue until they're blue in the face about stuff like:

      - "How do you define a "bug"? I thought that combining these peculiar moves to steal furniture through walls was a feature. Yeah, the overflow error message looked like a feature too."

      - "I wasn't abusing it, I was, umm, thoroughly testing it so I can bug-report it later. Yeah, that's why I did it 1000 times. Gotta be sure it's reproductible."

      - "I wasn't using it to gain a personal advantage, since I didn't loot the newbies' corpses. I was using it to put someone else at a disadvantage, which isn't against your rule."

      - "It wasn't abusing a bug, it was abusing at most people's stupidity. If they fell for that trick, however based on a bug it may have been, the real issue is social engineering, not bug abuse."

      Etc, etc, etc.

      A MUD or MMORPG gets around this by basically being a dictatorship. The MUD's owner is prosecution, judge and jurry, and will claim to apply "the spirit of the rules, not their letter." I.e., punish you anyway even when the wording of the rules doesn't really cover your crime.

      The RL legal system doesn't have this luxury, and we don't want it to have this luxury. Hence, the law and the contracts must be written so they explicitly state any potentially relevant aspects. Which means a very boring read for "normal people", but you'll be grateful for all those words when it ends up in court.

      --
      A polar bear is a cartesian bear after a coordinate transform.
    12. Re:News for lawyers, stuff that bores... by Dusabre · · Score: 1

      Sadly, their conclusions are usually WAY off base because the law is written to be deliberately difficult to understand without a legal education.

      Conspiracy theory alert!

      Most law isn't written to be deliberately obscure (unless written by somebody with an interest in its misapplication) but is written to be a precise as possible. Since language isn't precise, law becomes verbose (to cover all situations) and arcane (using phrases which do not appear in normal language or have different meanings in law) = difficult.

    13. Re:News for lawyers, stuff that bores... by Anonymous Coward · · Score: 0

      It's one thing to be able to read the law and another to memorize it. The difference between slander and libel is right there on the book.

    14. Re:News for lawyers, stuff that bores... by Mateito · · Score: 0

      > Hell, most non-lawyers don't even know the > difference between slander and libel Slander is when you call somebody a cock-sucking shit-eater, and you have proof. Libel is when you call somebody a cock-sucking shit-eater, and you don't.

    15. Re:News for lawyers, stuff that bores... by Anonymous Coward · · Score: 0

      If the phantom was real then why is their site so sketchy?? go to www.phantom.net and go to support then "contact us" and watch the very poorly done advertisement that comes up instead of a contact list... that alone makes the whole thing fishy

    16. Re:News for lawyers, stuff that bores... by Bill,+Shooter+of+Bul · · Score: 1

      Thats mostly true. Although, I would say that Computer Nerds are NOT usually smart. They usually THINK they are smart, because they are in the high tech field. If they were all smart, they would realise just how litttle they do know.

      --
      Well.. maybe. Or Maybe not. But Definitely not sort of.
    17. Re:News for lawyers, stuff that bores... by poot_rootbeer · · Score: 1

      the law is written to be deliberately difficult to understand without a legal education.

      Are YOU a lawyer? Why should I lend credence to anything you have to say about this issue?

      Yes, there are a lot of people on Slashdot spewing rubbish about the machinations of law, but as far as I can tell, you're just another one of them.

    18. Re:News for lawyers, stuff that bores... by Anonymous Coward · · Score: 0

      ..and prove it to the world by repeating catchy phrases, you mean?

  2. Man by LooseChanj · · Score: 5, Funny

    SCO just keeps getting crazier and cr...wait, this isn't SCO?!?

    --
    Mix the failings of Usenet with the shortcomings of the World Wide Web and the result is slashdot.
    1. Re:Man by grub · · Score: 5, Funny


      Timothy Roberts: hey Darl, I need the Ouiji Board tonight, we're going to threaten HardOCP and we need some insight.

      Darl McBride: The Ouiji Board? OK, but we're keeping the Tarot Cards until Friday.

      --
      Trolling is a art,
    2. Re:Man by loyalsonofrutgers · · Score: 1

      It starts to get a bit more contentious when they get into the human sacrifice

    3. Re:Man by The+Lynxpro · · Score: 2, Insightful

      "Darl McBride: The Ouiji Board? OK, but we're keeping the Tarot Cards until Friday."

      Mr. McBride is of the Mormon faith. He wouldn't be using an Ouiji Board or Tarot Cards. Or drink Coke for that matter...

      --
      "Right now, somewhere in this world, Scott Baio is plowing a woman he doesn't love," - Peter Griffin, *Family Guy*
    4. Re:Man by Ryan+Amos · · Score: 5, Funny

      Right, he found magical golden tablets written in a language he did not know yet the Lord graciously helped him to translate as "Linux is the devil. Make some shit up about those open-source hippies." So it's all the same.

    5. Re:Man by Anonymous Coward · · Score: 0

      tim roberts dumb dumb dumb
      dumb dumb dumb dumb dumb

  3. Bomb 'Em by andyrut · · Score: 5, Funny

    Now that Google has removed SCO as the #1 hit for the phrase, might I suggest Infinium Labs for the title of litigious bastards?

    1. Re:Bomb 'Em by L0C0loco · · Score: 1

      I would agree if they were actually taking legal action, but this is just more threats and nasty letters.

      Vaporware producers unite!

      --
      -- Instant Karma's gonna get you! [320848 = 2*2*2*2*11*1823]
    2. Re:Bomb 'Em by EvilAlien · · Score: 1

      Actually, I'd suggest "No-talent assclowns".

      --
      perl -e 'print $i=pack(c5, (41*2), sqrt(7056), (unpack(c,H)-2), oct(115), 10)'
    3. Re:Bomb 'Em by br0ck · · Score: 4, Interesting

      For me, the top three results for a search on litigious returns an accurate result:

      1. Infinium labs gets litigious with HardOCP

      2. Hollywood turns litigious tail while music industry lawyers are set to go worldwide

      3. SCO: Litigious Bastards

    4. Re:Bomb 'Em by mog007 · · Score: 2, Insightful

      WTF?! At least SCO is using a *real* offense in intellectual property theft, even if they're nothing but pompous windbags. These people are trying to bully a website into censoring their content because it makes their development department look like morons. Looks like their PR department just got screwed too.

    5. Re:Bomb 'Em by styxlord · · Score: 5, Funny

      Perhaps Infinium is pissed off that a google search for phantom console hits HardOCP before it hits the official site.

    6. Re:Bomb 'Em by Frogbert · · Score: 1

      Furthermore googlefight shows HardOCP as the winner by far.

    7. Re:Bomb 'Em by Anonymous Coward · · Score: 0

      uh, not only that... but the phantom.net site shows a slideshow of games for their machine... THEY'RE 90% KIDS STUFF... the other bit are $9.99 value shelf software titles.

    8. Re:Bomb 'Em by Anonymous Coward · · Score: 0

      Dude, but they've lined up Reader Rabbit as their opening linup! How hardcore is that? VERY I say.

    9. Re:Bomb 'Em by Anonymous Coward · · Score: 0

      That, but more importantly, "potential" (read: unsophisticated) investors that perform even a cursory search on Google for Infinium or Infinium Labs gets treated to links to HardOCP or sites referencing it (Anand, Register).

      Tell me, would you want to invest after getting a whiff of that?

  4. Uh, don't you get it? by iLL_L0gic · · Score: 5, Funny

    They want to invent the "Phantom Lawsuit" as well. I for one think SCO has already invented this, and will soon claim copyright to it. So Infinium Labs will lose their $25 million in capital paying off licesing fees. Darn, I was really looking forward to that amazing Phantom too........

    1. Re:Uh, don't you get it? by Hott+of+the+World · · Score: 3, Funny

      Unfortunately, they haven't responded to Gabe and Tycho's Accusations

      --
      | - | - |
    2. Re:Uh, don't you get it? by canajin56 · · Score: 4, Informative
      Actually, they have, but they since deleted it. However, somebody saved a screen shot. What it says is
      Actually, that's not what the comic portrayed. It actually meant that they were upset that we wouldn't sue them and they ended it with outright slander saying I can only orgasm if I kill a dog...very funny...love it...they want the publicity and traffic driven to there website like is happening to hardocp

      The penny arcade guys were nice enough to call us in the beginning and tell us they didn't mean any harm and would be putting us through the gaming console initiation process that all the past consoles have gone through with the hardcore techies
      Gabe's response is
      So Tim thinks we did that comic strip to get more traffic driven to our site. That's a nice thought Tim but you're way off. You see unlike Infinium Labs and your doomed console, Penny Arcade is successful. How can I say this without sounding like an asshole? Penny Arcade has more readers in a given second than your site will ever have even if it were to sit and rot on the internet until time ends and the universe implodes. Hmmm, I guess I can't.

      Tim also says we called him to let him know it's all in fun. This again is bullshit. I don't care if he likes the comic or not. I've certainly never called the guy and I have no intention of doing so.

      Bottom line, the guy is a lying huckster. I guess he figured he could post that on his forum and we'd never see it. This proves he has no concept of how huge PA is. Penny Arcade isn't just a comic and a news post Tim, PA is a community and we have agents everywhere. Chances are they're watching you even now.
      --
      ASCII stupid question, get a stupid ANSI
    3. Re:Uh, don't you get it? by beacher · · Score: 1

      At least their fansite has pictures that are in legal compliance with the companies intents!

    4. Re:Uh, don't you get it? by Sampy · · Score: 1

      Phantom Lawsuit?

      Now Lucas is going to sue...

    5. Re:Uh, don't you get it? by fenix+down · · Score: 1

      Here's Gabe's post. Complete with the link to the Alexa stats. You see that one spike in infiniumlabs.com's hits, the one that's just about double the next biggest spike they ever had? Yeah, you guessed it, that's the day the dog-killing comic went up and PA linked to them.

    6. Re:Uh, don't you get it? by The+Lynxpro · · Score: 1

      "They want to invent the "Phantom Lawsuit" as well. I for one think SCO has already invented this, and will soon claim copyright to it. So Infinium Labs will lose their $25 million in capital paying off licesing fees. Darn, I was really looking forward to that amazing Phantom too......."

      I think you mean SCO has patented that type of business model. Perhaps Amazon will sue them for violating their IP of "one click" frivolous lawsuits...

      --
      "Right now, somewhere in this world, Scott Baio is plowing a woman he doesn't love," - Peter Griffin, *Family Guy*
    7. Re:Uh, don't you get it? by British · · Score: 1

      So who runs phantomgaming? Neo must run since when i clicked on the link I got...

      There is no image library

    8. Re:Uh, don't you get it? by IthnkImParanoid · · Score: 4, Funny

      Link that actually works after they change the comic....

      --
      It's nothing but crumpled porno and Ayn Rand.
    9. Re:Uh, don't you get it? by hchaos · · Score: 1

      It seems to me that Penny Arcade could have their own defamation case against Infinium Labs if they wanted to.

      Tim Roberts clearly made an intentionally false statement about the actions of Gabe and Tycho, and my guess is that a lot of Penny Arcade's readership would be more than happy to testify that they would have lost all respect for the comic strip had this phone call actually occured, potentially costing Penny Arcade a significant portion of their add revenue. I know that I would have lost respect for them were this true.

    10. Re:Uh, don't you get it? by Anonymous Coward · · Score: 0

      Maybe it is because the lonely fanboys at PA though the site was hosting pics related to the libelous comment.

  5. Penned? by JanusFury · · Score: 5, Funny

    Why would they use a pen when they can use crayons?

    --
    using namespace slashdot;
    troll::post();
    1. Re:Penned? by NemesisEnforcer · · Score: 1

      My lord, that is the single funniest thing I've seen in too long of a time. This judge missed his true calling as a columnist.

      Please tell me it's real?

    2. Re:Penned? by mkoenecke · · Score: 1

      I've seen this referenced on legal humor sites, with appropriate citation. It's real.

      --
      TANSTAAFL
    3. Re:Penned? by Anonymous Coward · · Score: 0

      that was rad - my wife is a law student and we enjoyed that quite a bit. thank you for posting it.

  6. I should have been a lawyer... by grub · · Score: 5, Funny

    I love this bit:
    3. You allege that Timothy Roberts has helmed several businesses that have failed or gone bankrupt in the last six years. The innuendo is that the businesses failed or went bankrupt while Timothy Roberts was head of the businesses.

    These lawyers must get paid by the word. For their next threatening letter I'd recommend something that will get them a few more bucks. How about:
    3. You allege that Timothy Roberts has helmed several businesses that have failed or gone bankrupt in the last six years. The innuendo is that the businesses failed or went bankrupt while Timothy Roberts was head of the businesses. You suggest that Timothy Roberts was head of the businesses when they went bankrupt. According to your site, Timothy Roberts was at the helm of the businesses when they went bankrupt. You insinuate that Timothy Roberts was running the companies at the time bankruptcy befell the businesses. Timothy Roberts, in your opinion, was acting in an important role at the time the businesses went bankrupt. Who is it you suggest was controlling the companies at the time of their respective bankruptcies? Timothy Roberts. Timothy Roberts, as suggested by you, is to have been acting in a managerial role when the bankruptcies of said companies occured. Allegations were made by you that Timothy Roberts was involved in a controlling role of the companies when they went bankrupt. Timothy Roberts, according to your site, was in an integral role at the forementioned companies when they went bankrupt. Timothy Roberts Timothy Roberts Timothy Roberts Timothy Roberts Timothy Roberts Timothy Roberts Timothy Roberts Timothy Roberts Timothy Roberts Timothy Roberts Timothy Roberts Timothy Roberts Timothy Roberts Timothy Roberts Timothy Roberts Timothy Roberts Timothy Roberts Timothy Roberts Timothy Roberts

    I really should have gone to Lahw Skool, the past 20ish years of geeking seem wasted by comparison..
    --
    Trolling is a art,
    1. Re:I should have been a lawyer... by Cosmik · · Score: 2, Funny

      I totally agree with you. But I think I can see a different side to that legal point.

      That phrase can be read as:

      3. You allege that Timothy Roberts has helmed several businesses that have (subsequently)failed or gone bankrupt in the last six years. The innuendo is that the businesses failed or went bankrupt while Timothy Roberts was head of the businesses.

      I'm sure the lawyers will be trying to argue that Timothy Roberts helmed several businesses, but he wasn't at the head of all of them when they went under.

      I haven't done my research to check whether this is true or not. In the case it is not true, and it was a case of stupid lawyers rephrasing the same sentence, let me just say: PPPPFFFFFTTHHHHTTTTT!

    2. Re:I should have been a lawyer... by dj245 · · Score: 5, Funny

      ...And the number of businesess that Timothy Roberts shall be referenced to have been at the helm of at the time of the bankrupcies shall be 3. You will not make an addendum that he also failed in a home business in Canada, bumping his total failures to 4. You will not state that he only failed in two businesess, without then proceeding to describe his third failure, for a total of 3. Five is right out. Timothy Roberts, as suggested by you on 3 separate occasions, is to have been acting in a managerial role when the bankruptcies of said companies occured, again, on 3 separate occasions. A number being more than 2, and less than 4, but not including the aforementioned numbers, this number shall only be referred to as 3. When the 3 bankrupcies, being the 3rd number be reached, we shall contact you again with a similarly lengthy letter of smiting.

      --
      Even those who arrange and design shrubberies are under considerable economic stress at this period in history.
    3. Re:I should have been a lawyer... by fishbonez · · Score: 1
      My personal favorite is:
      14. The article innaccurately claims that HardOCP "compiled and researched all of the publicly available information we could find." Clearly this in not the case or you are not very good at finding publicly available information. There are many public records that could have disproved elements of your story. These were either not consulted or deemed to be unworthy of mention.
      How could HardOPC's statement possibly be innaccurate? It has the qualifier "we could find" at the end. The lawyer then argues that the article was not well researched but fails to provide any examples of publicly available information that were not consulted. I'm sure this guy got paid thousands of dollars to research and write this letter. And he can't even form a halfway decent argument.
      --
      Frylock: That's not a toy!
      Master Shake: You say that about everything you own. You should own toys. They're fun.
    4. Re:I should have been a lawyer... by shadowmatter · · Score: 1

      And their bibliography was not alphabetized! I'm going to have to deduct points...

      - sm

    5. Re:I should have been a lawyer... by CaseyB · · Score: 1

      Huh? What a dumbass. Re-read the sentence, which is concise and accurate. You see, even though some of the words are the same, the two sentences mean different things! Isn't English fun?

    6. Re:I should have been a lawyer... by Anonymous Coward · · Score: 0

      Cheese cheese cheese cheese cheese

    7. Re:I should have been a lawyer... by Lord_Dweomer · · Score: 1
      I would just like to say how much you rock. For as many times as I have thought of using this Monty Python bit.......not once could I piece together something intelligible which stood true to the joke. Bravo, would that I had mod points for ya.

      --
      Buy Steampunk Clothing Online!
    8. Re:I should have been a lawyer... by CableModemSniper · · Score: 2, Funny

      Mojo-Jojo, is that you?

      --
      Why not fork?
    9. Re:I should have been a lawyer... by fraudrogic · · Score: 1

      agreed...I was thinking "holy hand grenade" when reading the great-grandparent post and then came across the grandparent post. He definitely rocked the house with that post....

      --
      I only mod up parents of "mod parent up" posts...
  7. personally by LittleLebowskiUrbanA · · Score: 1

    I don't think a lawyer even wrote that letter. I jsut kep seeing "you need to correct" over and over again.

    1. Re:personally by CeleronXL · · Score: 1

      Nor do I.
      The use of contractions in a formal letter or essay is generally really looked down upon. Words like "haven't" are commonplace in there.

      They also "shout", using words in all caps like "Furthermore, some of the images released WERE photographs. You ASSUMED they were only 3D prototypes and not photographs". Also in a legal letter you should not go asking questions, such as "Who was this 'volunteer'?"

      It also threatens that he did not tell enough of the story. Who cares? That is not up to them to decide how much of the story they tell.

      That was awful and so incredibly unprofessional.

  8. Lawyers are not to blame, necessarily by The+Only+Druid · · Score: 5, Interesting

    Just speaking from experience with corporate lawyers, what often happens is that a corporate leader (i.e. CEO, etc.) is upset by some event (i.e. the article), and they demand that Legal take some action. The lawyer, not wanting to be disbarred for malpractice, points out that they have no legal claim, but to avoid beign fired they then fire off a letter that simply states what the higher-ups say, with a small note about a law suit. I'd bet solid money no law suit ever solidifies.

    The writers at Hard are pretty fucking funny though: they've done an excellent job of reforming their statements to accord with the demands, even while making them more acidic.

    --
    "Stumble before you crawl"
    1. Re:Lawyers are not to blame, necessarily by beacher · · Score: 3, Interesting

      It's funny.. This is the second letter threatening legal action that I've seen this week, and out of curiosity, I always look at the file name. *.wpd each time! Why don't lawyers use microsoft products? Is this some kind of ambulance chaser professional courtesy?

    2. Re:Lawyers are not to blame, necessarily by StarHeart · · Score: 4, Insightful

      I think WordPerfect got huge market share with lawyers back in the day, and then they all standardized on it. I see this today in lots of customers' offices that are law firms.

      --
      Havoc Penington, the bane of my Linux desktop.
    3. Re:Lawyers are not to blame, necessarily by __aanonl8035 · · Score: 4, Informative

      Momentum.
      I do side work updating a few lawyers computer networks around town. Way back in the DOS days, word perfect was the standard. Lawyers tend to have money, so they were the first to adopt computers for their secretaries. And to do word processing on a 386/486 with DOS, you bought word perfect. Well technology has gone forward, but their secretaries still want to use wordperfect because all the other law firms are using it.

    4. Re:Lawyers are not to blame, necessarily by iantri · · Score: 3, Informative
      For a while WordPerfect offered a legal edition of WordPerfect that had some fancy lawyer-friendly features.

      Eventually, Word gained the same features but now many legal offices are used to and have no need to change from WordPerfect.

      It's a damn good word processor, too!

    5. Re:Lawyers are not to blame, necessarily by Bremen24601 · · Score: 2, Informative

      From what I understand its because wordperfect has better metakeys. Basically wp users never need to touch a mouse, which slows down typing speed, which in a legal office is very important. I've heard it said that wordperfect users can reach 100 wpm, while office dosn't offer the same flexibility. Dunno myself, and mind you this was a few years ago...

      --
      Blessed are the young, for they shall inherit the national debt. --Herbert Hoover
    6. Re:Lawyers are not to blame, necessarily by Anonymous Coward · · Score: 0

      > And to do word processing on a 386/486 with DOS, you bought word perfect.

      386/486? WordPerfect 5.1 ran pretty decent on an 8mhz 8088, and was fast on a 286!

    7. Re:Lawyers are not to blame, necessarily by Synonymous+Yellowbel · · Score: 1

      I'd say it's more intertia than momentum...

    8. Re:Lawyers are not to blame, necessarily by Imperator · · Score: 1

      The story I heard is that WP counts words the same way the courts do, whereas MS Word tends to be off. Word limits are particularly important on legal documents, so lawyers will use software that counts words accurately.

      --

      Gates' Law: Every 18 months, the speed of software halves.
    9. Re:Lawyers are not to blame, necessarily by Anonymous Coward · · Score: 0

      Wordperfect is both more robust and more secure than Word. It is viewable by anyone with even antique software, and it does *not* secretly store additional data about who edited it and when and deleted text in the file for "recovery". This matters a lot when you are writing legal documents and you don't want to accidentally reveal confidential information.

      Ergo, many technically savvy law offices and legal secretaries use WordPerfect instead of World.

    10. Re:Lawyers are not to blame, necessarily by general_re · · Score: 4, Insightful
      I think WordPerfect got huge market share with lawyers back in the day, and then they all standardized on it.

      Sort of. There's a couple of reasons, really. First, as you say, WP gained a large portion of the market back in the day - for a long time, word processing on a PC was WP and precious little else. Because of this early adoption, what's happened since is that many, many law firms have a sizeable investment in WP templates, and I do mean sizeable - as in many thousands or tens of thousands, in some cases. Lawyers live and die by the written word, and if you walk into any medium or large law firm, odds are that no matter what your problem is, they already have a form letter tailored to that problem. Because of this investment, there is a significant barrier to switching, as it means either converting or recreating those thousands of templates. And in such a case, the general rule is, if it ain't broke, don't fix it.

      And one other reason is the ever-amusing Rule 32 ;)

      --
      ABSURDITY, n.: A statement or belief manifestly inconsistent with one's own opinion.
    11. Re:Lawyers are not to blame, necessarily by dead+sun · · Score: 1
      Yes, I've heard this as well. Word I think does not count the words in the footers and footnotes toward the total. The result: several fines being given for lawyers that went beyond the number of words they were allowed.

      Just what I've heard, but it'd make a sort of logical sense as to why to stay away from Word if you're in law. Of course, I'm not sure why there'd be a hard word maximum and not just a page maximum. But there's a lot of quirks in law I'm not so sure of.

      --
      If not now, when?
    12. Re:Lawyers are not to blame, necessarily by kfg · · Score: 1

      The reason is very simple. WP went after the legal market, hard. They made sure that virtually every peice of boilerplate ever written was available as WP file.

      Do you have any idea the savings in cost, labor and convienience this is?

      The fact that no one else recognized the importance of this resulted in entrenchment for WP.

      KFG

    13. Re:Lawyers are not to blame, necessarily by PortWineBoy · · Score: 1

      Two words, "Reveal Codes" Gawd I wish Word had this feature.

      --

      this sig deleted by another sig

    14. Re:Lawyers are not to blame, necessarily by sTalking_Goat · · Score: 1

      Its standard. I shit you not. My Mom who is now a lower court Judge learned Word Perfect back in her early...um...lawyering days in a big firm in New York. They literally sent all their employees to learn WP, because they believed it would be the defacto standard and so it became the standard, with lawyers at least. My Mom still uses WP 8.

      --

      My days of not taking you seriously are certainly coming to a middle...

    15. Re:Lawyers are not to blame, necessarily by jetfuel · · Score: 0

      I wonder whether you could get away with ignoring legal threats on the grounds of "I don't have WordPerfect".

    16. Re:Lawyers are not to blame, necessarily by Ozric · · Score: 1

      WPD is the Standard format for Lawyers because it stays the same. Some cases drag on for years. You cant have a format change like word is know for messing up your files.

    17. Re:Lawyers are not to blame, necessarily by shepd · · Score: 1

      >Of course, I'm not sure why there'd be a hard word maximum and not just a page maximum

      Four point condensed arial and 30 point wide latin are a couple of reasons...

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    18. Re:Lawyers are not to blame, necessarily by Speare · · Score: 1
      And one other reason is the ever-amusing Rule 32 ;)

      Sounds like someone should check OpenOffice.org's Writer to ensure the word-counting function works as lawyers expect, or at least can be configured to do so.

      --
      [ .sig file not found ]
    19. Re:Lawyers are not to blame, necessarily by dillon_rinker · · Score: 1

      BZZZT! Wrong answer. Bill Gates himself could write a Word macro in an afternoon that would count words the way lawyers wanted. Do you really think that MS is going to let themselves lose out in the most profitable industry in the world over 1000 lines of code?

    20. Re:Lawyers are not to blame, necessarily by dead+sun · · Score: 1
      Excellent point, though I suppose they could just mandate a certain font at a certain width with certain mandatory kerning options and standardized margins and... yeah, word count is probably just easier.

      Damn, and I'm in college still. I should've been able to guess that one. Guess grad school is out of the realm where many people feel the need to use 30 point wide fixed width fonts to demonstrate their incompetence. Plenty of ways to do that with content.

      --
      If not now, when?
  9. Maybe Infinium will run a linux distro and by Anonymous Coward · · Score: 0

    Get sued by SCO and the two of these bottom feeding companies will sue each other out of existance while they spam their "legal" notices back and forth across ev1servers.

    And what kind of console company puts Labs in their name?

  10. HardOCP must be doing something bad by hayden · · Score: 5, Interesting

    These guys are trying pretty hard and haven't got one yet.

    --
    Nerd: Derogatory term typically directed at anybody with a lower Slashdot ID than you.
    1. Re:HardOCP must be doing something bad by Grey+Ninja · · Score: 2, Informative

      That's because they (according to Tim) had a deal worked out before hand.

      Personally, I think the whole thing is just one big crock, but at least they give me an excuse to cook some popcorn and watch some Jerry Springer style action.

    2. Re:HardOCP must be doing something bad by Anonymous Coward · · Score: 2, Informative

      However, this Penny Arcade comic was able to highlight some of Infinium's lies (under the heading Let the Dog go!).

    3. Re:HardOCP must be doing something bad by RainbearNJ · · Score: 5, Informative
      Nope.

      http://www.penny-arcade.com/news.php3?date=2004- 02 -25

      At the bottom, you'll see Gabe saying:

      Tim also says we called him to let him know it's all in fun. This again is bullshit. I don't care if he likes the comic or not. I've certainly never called the guy and I have no intention of doing so.

      Bottom line, the guy is a lying huckster. I guess he figured he could post that on his forum and we'd never see it. This proves he has no concept of how huge PA is. Penny Arcade isn't just a comic and a news post Tim, PA is a community and we have agents everywhere. Chances are they're watching you even now.
      --
      Lucky for me I always have Emergency Pants!
    4. Re:HardOCP must be doing something bad by Bagels · · Score: 1

      Presumably Infinium knows that they've already been ridiculed in front of PA's huge gamer fanbase; they don't particularly want to be reviled, too.

      --
      --- Bwah?
    5. Re:HardOCP must be doing something bad by screwballicus · · Score: 1

      I'm starting to think we need a new version of "first post" relating specifically to the fact of being the first person in any given gaming story to link the appropriate penny arcade comic. The competition is fierce.

    6. Re:HardOCP must be doing something bad by Anonymous Coward · · Score: 0

      Interesting choice of avatar for his board. Seems rather befitting. A one eyed baby pirate with bad choice in jewelry and blue in the face from all his bullshit.

    7. Re:HardOCP must be doing something bad by PS2+INFORMANT · · Score: 1

      Also take notice of the fact that the "Phantom forums" (which did actually exist at one time are now offline. http://forum.phantom.net/ It says they have will be relaunching soon, that was first posted weeks ago. I was a poster at that forum for several months, the forum was likely taken down due to the influx of people asking for honest answers and the fact that Infinium couldn't give them, which made Infinium look all the more foolish. No official response from Tim Roberts (who posts on the forums) was ever given to Penny Arcade's comments, and most questions wen't undanswered, the mods they had there couldn't work fast enough to delete, and close topics which contained lagitimate criticism or asked for honest answers. I find it strange that they can make demands of others in reguards to negative articles and so fourth, but when simple demands of what should be common information are made of them, they close the boards and go silent.

    8. Re:HardOCP must be doing something bad by Grey+Ninja · · Score: 1

      Yeah, I was being sarcastic. I guess I forgot the tags.

    9. Re:HardOCP must be doing something bad by 0x0d0a · · Score: 1

      Penny Arcade isn't just a comic and a news post Tim, PA is a community and we have agents everywhere. Chances are they're watching you even now.

      Much as I enjoy the comic, does anyone else think that Game and Tycho frequently come off as a bit egotistical? I mean "we have agents everywhere"? Good grief.

    10. Re:HardOCP must be doing something bad by Keeper · · Score: 1

      Gabe should threaten to sue Infinium Labs for damaging their reputation unless they remove the post in question and print a retraction...

      (yes, I know that the post was deleted, but it still would have been funny...).

    11. Re:HardOCP must be doing something bad by poulbailey · · Score: 2, Insightful

      I'm no fan of PA, but how can you read that as anything but tongue-in-cheek?

    12. Re:HardOCP must be doing something bad by Anonymous Coward · · Score: 0

      Uh, maybe it is, but if so he never says anything up front. I had just assumed he was an unstable paranoid psychopath. Really, I'm not kidding!

    13. Re:HardOCP must be doing something bad by Anonymous Coward · · Score: 1, Insightful

      The fact of the matter is, they do have agents everywhere. How do you think they get into all kinds of Betas? Because people in game companies know from PA, and make sure they get on the list.
      How did PA raise some rediculous ammount (300k?400k?) worth of toys and funds for Seattle childrens hospital? They have all kinds of fans that kick out for the cause, be it with funds, link buttons, or, in this case, informing gabe of Tims newspost. Do I think that gabe trolls the Infinium labs message board? Probably not.
      Lastly, why does posting a link to PA instantly score people 3-4 mod points? Because PA has lots of fans. Agents. Compatriots. What have you.

  11. You know... by zeruch · · Score: 5, Funny

    ...trying to compete with SCO for most idiotic use of litigation is a poor hobby to have for 2 reasons:

    1. SCOs litigation is pretty much about as inane and frivolous as it gets
    2. see #1

  12. Stage 4? by Valar · · Score: 3, Insightful

    I think we may have to add stage four to the cycle.
    1. Microsoft
    2. SCO
    3. RIAA
    4. ???^H^H^HInfinium!!

  13. obligatory MP reference by acidrain69 · · Score: 1, Funny

    I shall taunt you a second time! You silly english KINNNIGIT!

    --
    -- Having a Creationist Museum is like having an Atheist place of worship
    1. Re:obligatory MP reference by Anonymous Coward · · Score: 1, Interesting

      Maybe it's just me...but everytime I see someone make such a MP reference they always say "kuhnigit" or "kinigit" or something similar.

      Maybe he actually is saying "kinigit," but I always thought he was just mispronouncing "knight." And if this IS the case, why don't people spell it right, even if it's pronounced wrong?

    2. Re:obligatory MP reference by acidrain69 · · Score: 1

      I'm sure they are mispronouncing knight, but it makes the reference more recognizable if you write it like they say it. Part of the humour is his insane accent.

      --
      -- Having a Creationist Museum is like having an Atheist place of worship
  14. I think the comany should change its name by use_compress · · Score: 2, Funny

    I think Infinium Labs should chagne its name to Infinum labs. A word for greatest lower bound describes the company's output better than a word drrrived from infinite.

  15. I think they're going after the wrong people. by AltGrendel · · Score: 5, Funny
    If they want something to sue over, they should sue Penny Arcade

    I would LOVE to see what Gabe and Tyco would do. Probably ream them a new A$$.

    --
    The simple truth is that interstellar distances will not fit into the human imagination

    - Douglas Adams

    1. Re:I think they're going after the wrong people. by Trejkaz · · Score: 1

      Yeah, I too, heard that Timothy Roberts can't have an orgasm unless he kills a dog.

      --
      Karma: It's all a bunch of tree-huggin' hippy crap!
    2. Re:I think they're going after the wrong people. by Naffer · · Score: 1

      I don't think Penny Arcade has any intention of actually getting involved in any litigation. Remember the Strawberry Shortcake incident?
      They're doing what they do best, just poking fun.

    3. Re:I think they're going after the wrong people. by moonbender · · Score: 1

      Probably ream them a new A$$.

      Yes, that is indeed what they would do. *rolls eyes*

      --
      Switch back to Slashdot's D1 system.
    4. Re:I think they're going after the wrong people. by AltGrendel · · Score: 1

      Yea, I forgot about that.

      --
      The simple truth is that interstellar distances will not fit into the human imagination

      - Douglas Adams

    5. Re:I think they're going after the wrong people. by gilrain · · Score: 1

      I sure do. Some people were upset that PA didn't fight back, or try to keep the comic up. Personally, I think they made the right decision. I'm glad they shrugged it off in favor of cranking out quality art and humor every MWF, as opposed to sinking a bunch of time and energy into a lawsuit.

    6. Re:I think they're going after the wrong people. by base3 · · Score: 1

      That, and the comic's mirrored over all creation. If American Greetings hadn't whined, it would have been forgotten by now.

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
    7. Re:I think they're going after the wrong people. by black+mariah · · Score: 4, Funny

      American Greetings is a HUGE FUCKING COMPANY with assloads of cash. Infinium is basically two guys and a hamster chilling on Miami beach. Big difference.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    8. Re:I think they're going after the wrong people. by zx75 · · Score: 2, Interesting

      Penny arcade difficult to say as they removed the Tart As A Double Entendre comic in responce to an objection by American Greetings, but came back with the quite subtle Read It Before They Take Legal Action retort.

      --
      This is not a sig.
    9. Re:I think they're going after the wrong people. by Lord_Dweomer · · Score: 1
      If I were Gabe and Tyco, and I got sued by them, I would hold a press conference, advertise the hell out of it, and invite them to show up and argue their points. Let limit the ass reaming to just Gabe and Tyco, why not let the media tear them a new one, I mean, thats what they're trained to do.

      --
      Buy Steampunk Clothing Online!
    10. Re:I think they're going after the wrong people. by nelsonal · · Score: 1

      Another huge difference comes down to parody laws, under the case between Fallwell and Flynt, if something would not be believed about someone it falls into parody. IANAL, so a large grain of salt is required, the comics about taking psychotropic drugs or bestial asphyxiation are both beyond what a reasonable person would actually believe about the CEO of Infinum, and easily fall into parody. In the Strawberry Shortcake case, they were parodying a game creator, he likely couldn't have sued them, but they used a third party's intellectual property, at the same time that the third party was attempting (pretty successfully if the local Hot Topic is any indication) to cash in on the same intellectual property for nostalgic value. They likely would have lost a suit brought by American Greetings. An infinum suit would mostly just reduce the number of Umbrella shaded drinks available to the guys and hamster.

      --
      Degaussing scares the bad magnetism out of the monitor and fills it with good karma.
    11. Re:I think they're going after the wrong people. by the_greywolf · · Score: 1

      sorry, i simply don't see what got American Greetings all up in arms about this. i mean, looking at the "offending" strip, i can't make any kind of connection with "American Greetings" - only "American McGee".

      i just don't see where the problem was.

      --
      grey wolf
      LET FORTRAN DIE!
    12. Re:I think they're going after the wrong people. by 0x0d0a · · Score: 1

      You mean the one to which PA responded by putting up a parody comic of American Greetings portrayed as neo-Nazis?

      Fighting with journalists, unless the journalists are *really*, *honestly* trying to decieve people by posting false information, is just a losing battle. Journalists are tremendously powerful when it comes to influencing public opinion. A site like Penny Arcade, which both has a large readership *and* doesn't have editors preventing the writers from putting in as many personal opinions as they'd like, is about the *stupidest* thing possible to get mixed up with.

      I mean, if the Strawberry Shortcake thing had simply been a comic, nobody would have cared, and I doubt any American Greetings customers would have noticed. AG could have done absolutely nothing and come out much better than running around and being a pain to PA. PA managed to turn the thing into an "oppression of the press" issue, and made AG look bad.

      Now, I *will* grant that greeting cards are not a product where branding matters a whole lot. Few people are going to buy a greeting card based on a brand name. However, it doesn't *help* AG to have a negative association attached to their name.

    13. Re:I think they're going after the wrong people. by MrScience · · Score: 1

      I'm not sure about that. On the other hand, I find it extremely funny that their cartoon-uploader has failed over the past week, and the same inflamitory cartoon has been stuck there much longer than originally planned.

      --

      You quitting proves that the karma kap worked. The most annoying of the whores shut up. --CmdrTaco

    14. Re:I think they're going after the wrong people. by demon · · Score: 1

      Because the "Strawberry Shortcake" character and properties belong to American Greetings. The fact that American McGee's name was mentioned didn't have anything to do with anything, other than the fact that American likes to take stories that have been turned a bit too happy, and expose their darker side...

      --

      Sam: "That was needlessly cryptic."
      Max: "I'd be peeing my pants if I wore any!"
    15. Re:I think they're going after the wrong people. by Anonymous Coward · · Score: 0

      No no, Gib and Dyko would love to take it up the ass, they will whore themselves out to the highest bidder.

      Just slip them enough cash and they will do a wonderful "comic" about that praises your product/game.

  16. The wordiness reminds me of... by nicholaides · · Score: 2, Funny

    me talking to a girl...

    --
    http://ablegray.com
  17. Aptly named "Phantom Console" by Anonymous Coward · · Score: 2, Insightful

    Is it really surprising that they are nothing more than a "sue the world" company?

    They are, after all, claiming development expenses to put a PC motherboard in a case with a custom boot loader - big forking deal.

    Please, Phantom Idiots, you might be able to fool some oil baron out of his money, but you can't pass a PC as a custom gaming console around here. Peddle your snake oil somewhere else.

    Besides which, Phantom Idiots are just opening Pandora's Box. As more and more of their bullshit becomes apparent, they are only inviting an FTC and SEC investigation.

    BTW - Nice try going after HardOCP instead of Wired Magazine - which gave the Phantom far worse press than the website.

    Screw off, and take your 50lb midtower "console" with you.

  18. I want to sue some one... by Anonymous Coward · · Score: 2, Funny

    I want to get in on the fun and sue someone SCO, Infinium Labs, Microsoft everyone seems to be sueing someone but me, I feel left out.

    1. Re:I want to sue some one... by AmigaAvenger · · Score: 3, Offtopic

      Download the MS source code, your letter will soon be in the mail!

  19. Legal question by mcc · · Score: 5, Interesting

    I think HardOCP made it pretty clear last time that they stand by their reporting. If Infinium wants to keep making threats they're going to keep getting ignored.

    I know there's nothing but wannabe pretend-experts on slashdot, but I'm going to ask this anyway, on the offchance maybe there happen to be some wannabe pretend-experts who mostly post on Groklaw who wandered in by accident. I've been wondering for awhile:

    From a legal standpoint, exactly how far and how often can you move toward *threatening* a lawsuit before it becomes illegal to not actually declare one?

    1. Re:Legal question by rholliday · · Score: 1

      You know, that's a damn good question. You'd think that threatening litigation you (apparently) don't intend to actually prosecute would be at least somewhat illegal. But maybe the lawyers have protected their livelihood well. :)

      Mostly off-topic, I think jwz's law of software might have a new result. I read this article about the new NVIDIA drivers, and on this page, I was horrified to discover that NView now offers a Pop- Up Blocker. I think we need a few more ways to block pop-ups ...

      --
      Xbox reviews.. We think they're funny.
    2. Re:Legal question by Anonymous Coward · · Score: 0

      It does not become illegal "not to actually declare a lawsuit". There is no legal requirement to follow through on threat of lawsuit.

      You can threaten all you want as far as lawsuits go. You ahead. Next time someone pisses you off tell them your going to sue them. See how much trouble that gets you into. As a matter of fact in correspondence you can keep saying over and over that "we will sue you if you don't xxx". No judge is going to step in and say "stop the threatening" unless you can show in a civil lawsuit how their threating has caused you damages or has become a form of harassment. Proving that something is harassment when there actually might be a dispute isn't easy. Inf. Labs for example isn't in danger of being slapped down by any judge. Neither is SCO unless of course one of the linux vendors steps up. They of course are smart to stick it out and let IBM fight this out.

      Realize this. There are certain types of businesses that through their entire existence are under legal threat. Most people stop threatening once they realize that the other side has an attorney and isn't going to comply unless they bring a suit.

    3. Re:Legal question by OgGreeb · · Score: 1

      Ask this question in several weeks, when SCO *still* hasn't filed their (now 20) lawsuits...

      --
      -- Gary Goldberg KA3ZYW 301/249-6501 AIM:OgGreeb Digital Marketing Inc., Bowie, MD //www.digimark.net/
    4. Re:Legal question by EricTheGreen · · Score: 4, Informative

      IANAL, but have worked with enough of them to at least speculate on your question...

      As others have posted, simply threatening a lawsuit is not, per se, illegal. The actual content of one's public communications regarding legal action is open to scrutiny, however. If the language is incendiary enough, the threatened company could make a case for basic libel/slander/defamation. Whether this would hold up in court is debatable--and the offending language would have to be pretty extreme to warrant a successful tort prosecution, IMHO. However, the folks lobbying these "poison pen" letters probably aren't going to be scared too much by a little counter-suit for defamation... (grin)

      One aspect I would be interested in hearing a Real Lawyer's perspective on would be if "tortious interference" could be applied to a company like Infinium in this case. I am aware no proceeding has actually been filed--but do the principles guiding this apply in the absence of an action? Just curious.

    5. Re:Legal question by Dusabre · · Score: 1

      Poster - I know there's nothing but wannabe pretend-experts on slashdot

      Reply to poster - IANAL, but have worked with enough of them to at least speculate on your question...

      Slashdot in an essence.

      BTW I Am Not A Brain Surgeon but my advise is to use a drill with a hardened tip in your home lobotomy on your kid...

    6. Re:Legal question by dasmegabyte · · Score: 1

      Have you heard of barratry? In many areas, threatening a frivolous lawsuit solely as a form of harrassment IS illegal, per se, and the recipient of such can usually countersue for some healthy scratch to cover the cost of getting a lawyer to tell you "these guys are nuts!"

      --
      Hey freaks: now you're ju
    7. Re:Legal question by EricTheGreen · · Score: 1

      Yes, I have heard of it.

      Problem is that barratry as defined, requires a action to be initiated. The mere threat of action does not appear to constitute it. Hence my question re: "tortious interference" in the original post--could the threat of an action be construed as causing remediable damage? Apart from the nuisance factor, of course.

      I'm not myself aware of any jurisdiction that would accept the threat of a lawsuit as grounds for a barratry tort. To which do you refer?

    8. Re:Legal question by texaport · · Score: 1

      Let's see if the government doesn't end up suing them right back where it hurts.

      Watch and see whether they purchased short-term positions in Intel and Nvidia,
      right before announcing they would put the highest margin products from these
      two companies into their it-really-isn't-vaporware product ...

  20. Removed? No, They still come up at the top by Anonymous Coward · · Score: 0, Informative

    I just checked

  21. Actually.. by njan · · Score: 1, Insightful

    ..from what I can see, hardOCP did indeed write an article which was deliberately set out to make Infinium come off badly; whether or not Infinium are a 'bad investment', as their lawyers put it (I don't know, and I don't really care), this clearly wasn't a fair article; it seems obvious that the writer/journalist(s) concerned had other motivations for penning it beside the truth (similarly, Infinium may have other motivations for writing the letter, and may have had problems with HardOCP in the last, but that doesn't justify it either way).

    --
    I am a viral sig. Please copy me and help me spread. Thank you
    1. Re:Actually.. by Naffer · · Score: 4, Insightful

      While it is true that HardOCP didn't seem to begin the article with the best of intentions, they didn't (as far as I can see) engage in any slander. What they did do was point out some very interesting facts about Infinium as a company and interpet those facts to state that the whole mess was just vaporware. It isn't against the law to write a biased article, just to write a false article with the intention of slandering someone.

    2. Re:Actually.. by Anonymous Coward · · Score: 0

      Yea, [H]ard's motivation was to expose this sham of a company for what they really are, pieces of shit. Article not fair my ass...

    3. Re:Actually.. by the-banker · · Score: 1

      I know it is a nitpick, but slander is a verbal tort. Print and published defamation fall under libel.

    4. Re:Actually.. by lockholm · · Score: 1
      Yeah, I would agree. The HardOCP article includes lines like:

      We liken investors giving Mr. Roberts money to people playing dice in Vegas. You just have to roll enough times and sooner or later you'll get a winner. Obviously, this isn't a solid winning strategy in Vegas or the business world.

      and reading the letter, Infinium had a couple of valid corrections that HardOCP refused to take (if true, yadda yadda) - this is the funniest line from the letter, though:

      By the way, you later told Kevin Bachus of Infinium that you declined any follow ups because - you believed that you were being invited to visit Florida only so Mr. Roberts could physically attack you.

    5. Re:Actually.. by Rimbo · · Score: 1

      You're exactly right. And it's precisely BECAUSE it's so obvious that they set out to state an opinion (and clearly marked the opinions as such) that is why Infinium's claims are so silly.

    6. Re:Actually.. by njan · · Score: 1

      You're right; they didn't engage in anything which could be specifically branded as slander - but it's just as possible to slander someone by careful wording and omission as it is to specifically make allegations about a company's staff; publications have the advantage over companies that they have a distribution medium with which to distribute whatever material *they* want which the companies don't have - litigious letters are the company's only recourse to articles like these (whether they're slanderous or not).

      Ultimately, I don't think it's really fair that any rag with a grudge against a particular vendor can write a semi-slanderous article, and the best the vendor can do is spend money on a lawyer to draft a letter for them, only to have the letter ridiculed, and end up looking worse than they did to start with.

      --
      I am a viral sig. Please copy me and help me spread. Thank you
    7. Re:Actually.. by PurpleFloyd · · Score: 3, Insightful
      Why does HardOCP have to be impartial in their editorials? They said that they think Infinium is a bad investment that probably won't produce anything, and provided (true) facts to back up their case.

      HardOCP has an obligation to the truth, but they don't have an obligation to fairness. They present their opinion, clearly labeled as such, and aren't obligated to provide any forum for the pro-Infinium side to respond. After all, it's their server. As long as they don't commit libel, they can do what they want on their soapbox. That's the whole point of the First Amendment - neither the speech of HardOCP nor Infinium can be infringed.

      --

      That's it. I'm no longer part of Team Sanity.
    8. Re:Actually.. by Anonymous Coward · · Score: 2, Informative

      I've always considered slander to be more destructive towards people than libel. I suspect that in 30 years no one will nit-pick about them anymore, since print and speech hold no special legal protections over eachother. One can be saved as easily as the other.

    9. Re:Actually.. by Kaboom13 · · Score: 1

      The Phantom console has creamed vaporware from the beggining. HarcOCP did what good journalists do, they made a good faith effort to investigate the company to see if it was legit. All the evidence they were able to collect points to it being a scam. The company has not been willing or able to put forward any evidence they are developing an actual product, or even that any of the statements made by HardOCP are false beyond vague legal threats. The article is fair in that it presents the evidence found by the reporters and doesn't deliberatly omit contradictory evidence. All Infinium Labs needs to do to settle the issue is present one of the working prototypes they claim to have.

    10. Re:Actually.. by liquidsin · · Score: 1

      How is it that this is libel? Careful wording and omission? So now when CNN reports on a serial killer, do they also have to mention that he adopted a kitten from the SPCA and once gave a homeless guy some spare change? *NOTHING* that HardOCP said in their article was false. They pooled together publically available information to paint a picture of the company. The simple fact that there was no attempt by Infinium to refute the article should be your first clue that it's not libelous. You can't sue someone for stating documented facts, no matter how much you don't like them.

      --
      do not read this line twice.
  22. They had to go with Phantom Console. by OgreFade · · Score: 1

    If they'd have gone with "Ex-Box", they would have gotten sued instead of doing the suing. This way, it doesn't sound unsafe like a vapor box or even vapor console would. I mean, don't you see people putting water in it to see the vapor?

  23. first a threatening letter... by dj245 · · Score: 0, Troll
    First a threatening letter, now a slashdotting? Someone really has it in for Hardocp

    That url again is Hardocp.

    Don't forget those poor slashdotted souls over at Hardocp!

    --
    Even those who arrange and design shrubberies are under considerable economic stress at this period in history.
  24. Get it over with by 77Punker · · Score: 0

    These guys should just fucking merge with SCO and be one big fucking all talk no fucking action company, for fuck's sake!

  25. Penny Arcade by CHaN_316 · · Score: 1, Interesting

    Hurrah! Free ammo for Penny Arcade. Maybe this will give some more inspiration to the penny arcade guys! They haven't posted a new comic in a while now.

    --
    "There is no spoon." - The Matrix
    1. Re:Penny Arcade by Grey+Ninja · · Score: 1

      Yeah they have.... but you had to have read the news posts to see them. They are having technical difficulty with the site right now, and a couple of them were erased from the server. (Dungeon Siege The movie... and another that I can't quite remember)

  26. YANAL, apparently by DumbRedGuy · · Score: 2, Insightful

    It wasn't even a 'link to some legal documents'. It was an article containing HardOCP's response to a poorly formed legal threat. You might be giving these Infinium letters the most weight and validity out of anyone involved.

    It was intended to be an entertaining read, and not out of line with anything else that ends up on this site.

    1. Re:YANAL, apparently by Anonymous Coward · · Score: 0, Flamebait

      actually the the legal documents ar in the article.

    2. Re:YANAL, apparently by Anonymous Coward · · Score: 0

      hey mod, put the crack pipe down and RTFA
      http://www.hardocp.com/article.html?art=NTk4
      how the hell was that flambait?

    3. Re:YANAL, apparently by Anonymous Coward · · Score: 0

      Your heinously incompetent spelling of the word "are" baits the grammar nazis, who will call you a retarded, stoned, gay baboon for committing such an atrocious act of poor typography.

  27. Penny Arcade woes by storl · · Score: 5, Interesting

    People talking about Penny Arcade are leaving out the funniest bit. The best part of the Penny Arcade comic is the response from Roberts (or whatever the Infinium guys' name is). He claimed in a forum post that the penny-arcade comic was a response that they put all console designers through as a part of an initiation process and that they were hungry for bandwidth. Kind of funny when talking about a site that gets millions of hits a month. Read the post and the site's response at their site.

    1. Re:Penny Arcade woes by Felinoid · · Score: 1

      Well I kinda thought they were hungry for bandwith. In the sense that the fans suck up all the bandwith they have now.

      As opposed to some websites who have bandwith to spare... all 56k baud of it.
      (Before anyone thinks I'm aluding to someone else... the 56k baud website is my home page and yeah it's nothing specal)

      --
      I don't actually exist.
  28. The really funny part by Anonymous Coward · · Score: 0

    Is that if you'll note, the day after they posted the Phantom strip, Penny Arcade's comic posting script broke (or maybe "broke"). Despite three new comics since then, the Penny Arcade "newest strip" link hasn't changed away from the most recent phantom strip in over a week.

    1. Re:The really funny part by Anonymous Coward · · Score: 0

      Seems to be fixed now.

  29. Wait a minute! When by PixelCat · · Score: 1

    did IL have credibility?

  30. so i guess Infinium Lab's plan is... by st0rmshadow · · Score: 5, Funny

    1. ???
    2. ???
    3. Profit

    1. Re:so i guess Infinium Lab's plan is... by prockcore · · Score: 1

      1. ???
      2. ???
      3. Profit


      Woah, wait a minute, are you saying step 3 is profit?!

    2. Re:so i guess Infinium Lab's plan is... by st0rmshadow · · Score: 2, Funny

      I considered

      1. ???
      2. ???
      3. Go Bankrupt, Profit, same difference.

    3. Re:so i guess Infinium Lab's plan is... by poot_rootbeer · · Score: 1

      I think it's probably closer to:

      1. ???
      2. ???
      3. ?????

    4. Re:so i guess Infinium Lab's plan is... by PoopJuggler · · Score: 1

      1. Hype up some bullshit product
      2. Wait for people to claim the product is bogus
      3. Claim that the reason we never got $10million of VC money is because of their libel.
      4. Sue.
      5. Profit!!

  31. Where are the Photographs? by Goldfinger7400 · · Score: 2, Insightful

    The article mentioned that some of the pictures released were actual photographs. Which one might that be? The one with the most ray-tracing passes?

    1. Re:Where are the Photographs? by Sparky77 · · Score: 2, Funny

      Well, that's a little shady. See, the physical console itself is phanstasmal. So, you can't really see it. It's just sort of vaporish.

      --
      One bad monkey spoils the whole barrel.
    2. Re:Where are the Photographs? by Sparky77 · · Score: 3, Informative

      Sorry, me again. I've been poking around the web and I came across this Phantom feature document. There are some images of the console in there, and they almost look like photos except something's not quite right. Look at the connectors on the back, especially the RCA jacks. See any reflection from the metal? Me either. I think they're 3D renders. No sign of a real photograph.

      --
      One bad monkey spoils the whole barrel.
    3. Re:Where are the Photographs? by Anonymous Coward · · Score: 0

      I think there was one real photo on the site.
      It's the one where Jane Fonda is playing Duke Nukem Forever on the Phantom.

    4. Re:Where are the Photographs? by Goldfinger7400 · · Score: 1

      The power connector on that looks a little wonky too. Seems too short to be a standard male plug. And the pdf file is password protected too (against opening in Photoshop)! Those guys certainly are paranoid.

    5. Re:Where are the Photographs? by Old+time+hacker · · Score: 1

      It looks to me as though the socket labelled 10/100 LAN is actually an RJ-11 and not an RJ-45. The box also claims to have an internal DSL modem, but it isn't obvious which socket connects to that modem.

      It looks like a render to me.

  32. For shame, Infinium by Entropy+Unleashed · · Score: 1

    Exactly! It's horribly underhanded of Infinium to deprive Tycho and Gabe of their well-earned libel lawsuit. It's high time that they stopped beating up little kids for pocket change and moved on to a better target.

    P.S. - I heard that Timothy Roberts can't send cease-and-desist letters without consulting the HAPPY FUN BALL.

    --

    "I would give my right hand to be ambidextrous."
    1. Re:For shame, Infinium by Catnapster · · Score: 1

      Do you mean the Magic 8 ball?

      Or the Magic Hate ball?

      --
      The world can be wrong today for once.
  33. Double standard? by Colonel+Cholling · · Score: 4, Insightful

    Once again, I am struck by the double standard that, while our country's assurances of freedom of speech rightly protect claims made against our elected officials, whether substantiated or unsubstantiated, saying bad things about a company-- even a company that allegedly barely exists-- can result in threats of legal action. Is there a reason why some fly-by-night electronics outfit is entitled to protections not even the President enjoys?

    --

    I am Sartre of the Borg. Existence is futile.
    1. Re:Double standard? by the-banker · · Score: 4, Insightful

      They are two different things.

      First, the First Amendment only prevents the Government form impinging on free speech.

      Second, HardOCP has done nothing criminal, they are being threatened by a civil action under the tort of libel. For HarcOCP to be liable for anything Infinium needs to prove that the article by HardOCP was both false and malicious.

      In the case that the article IS both false and malicious, then I think HardOCP should be responsible for the damage done. Note that I am not saying that they ARE responsible, just that if the facts bear out that they are, then they should be held accountable to their words.

      Free speech does not mean speech without accountability.

    2. Re:Double standard? by evilWurst · · Score: 1

      Yes, I agree. HardOCP should be completely responsible for the damage done.

      Let's see, now to count up the damage...

      Infinium's income before the article was posted, at which time they weren't offering any product for sale yet: $0
      Infinium's income in the entire time since the article was posted, and to this day they aren't offering any product for sale yet: $0

      Hmm.

    3. Re:Double standard? by Anonymous Coward · · Score: 0

      It does when you use hushmail.

    4. Re:Double standard? by Anonymous Coward · · Score: 0

      You are a fucking idiot -- what do you think a court judgement is, other than action by the government?

    5. Re:Double standard? by Anonymous Coward · · Score: 0

      That whole post just whizzed right over your small, vacuous skull, didn't it?

    6. Re:Double standard? by Colonel+Cholling · · Score: 1

      Just to clarify: I realize that the law does protect speaking out against the government and does not protect many forms of speaking out against corporations. My point is that I see no reason why there should be such a distinction. If I spread vicious rumours about a Congressman or President, and those rumours create enough doubt to keep him from getting reelected, the consequenses to the United States are much greater than if I claim some company is a bad investment.

      My personal view is that we should prohibit neither speaking out against the government, nor speaking out against a corporation (slander, libel). It should be the obligation of everyone, voters and investors alike, to do a thorough job of investigating the facts rather than relying on hearsay. It is not our job to protect them from hearsay.

      --

      I am Sartre of the Borg. Existence is futile.
    7. Re:Double standard? by poot_rootbeer · · Score: 1

      There is no double standard. If you make libelous statements about the President of the United States, he can have private lawyers send you a letter demanding that you retract your statements. And if you refuse, he can file suit against you.

      Most policitians would not do that, because it would make them look rather petty and mean, and they'd lose votes as a result. Why corporations don't realize that the same kind of behavior will result in them losing customers, I don't know.

  34. millions of dollars? by tomstdenis · · Score: 1

    Um they don't have a product yet and have been vaporware forever.

    So um, whos hurting who?

    --
    Someday, I'll have a real sig.
  35. I allege that: by el-spectre · · Score: 4, Funny

    A fourth grader wrote this with the help of Clippy. The innuendo is that the writer needs to use a little more variety, and fewer templates...

    --
    "Faith: Belief without evidence in what is told by one who speaks without knowledge, of things without parallel." - A.B.
    1. Re:I allege that: by prockcore · · Score: 4, Funny

      I see that you are trying to emulate SCO!
      Would you like me to help you:
      A. File a frivolous lawsuit
      B. Issue a flamebait press release
      C. DOS attack your own site

    2. Re:I allege that: by el-spectre · · Score: 1

      is this like DOS by proxy? Like, ask another party to have a third party DOS you?

      --
      "Faith: Belief without evidence in what is told by one who speaks without knowledge, of things without parallel." - A.B.
    3. Re:I allege that: by Loadmaster · · Score: 1

      I agree. That letter reminded me of a Kids in the Hall sketch.
      A Stunning command of the English language.

  36. the innuendo by SQLz · · Score: 1

    The Innuendo is that the phantom sucks.

  37. Holy shit... by Talonius · · Score: 1

    ...you mean that allowing your personal bias to influence your writing isn't allowed?

    That must be why most newspapers are considered liberal or conservative. That must be why LinuxInsider always prints the whole truth and nothing but the truth. That must be why the 1st Amendment specifically addresses the right of the *press.* Revealing that interpreting facts is an absolute sure makes me feel better. Think of all those guilty people on death row who are now MOST UNDOUBTEDLY guilty!

    The problem is that nothing is entirely factual. Given a set of facts different people will see them different ways. That interpretation of the facts is what's known as journalism in this case. Kyle Bennett published what he thought was the truth. I hadn't even read the OCP article before the Slashdot mention of the 1st set of letters and I'm of the opinion that Infinium Labs is a bunch of slimeballs trying to make a buck off a scam.

    So as for justification, there is none. There is only interpretation and acceptance. And God help us all that litigation is how companies live and die in the United States of America.

    *spits on SCO and Infinium*

    --
    My reality check bounced.
  38. What needs to be proven by the-banker · · Score: 5, Informative

    Under most interpretations of libel law, there are three things that Infinium would need to prove.

    The first is that not only did HardOCP publish incorrect information, but they did so willingly. In other words, they had to know at the time the article was factually incorrect. If Infinium provided correct information at the time, then this might not really be in dispute. That said, many of the items in the letter appear to be judgements and opinions.

    Second, Infinium would have to prove that HardOCP published incorrect information with malice. This is not easy by a long shot, since you are trying to prove motivation.

    Finally, Infinium has to prove that they were damaged by the article in clear monetary terms. This is always one of the hardest things to measure in a libel action.

    All that being said, I think it is clear that HardOCP has some valid points in the article but at the same time, has been given corrected information (such as location of offices, etc). If HardOCP truly takes journalism seriously, then a few corrections should be forthcoming. The fact that an expense paid invitation to view the facility was turned down suggests a strong anti-Infinium bias.

    This is one of those things where both parties stop the shenanigans and own up to the truth. Each is falling far short of being forthright about the matter.

    1. Re:What needs to be proven by Anonymous Coward · · Score: 0

      From what I'm seeing, HardOCP has improved the factual accuracy of their article in all ways that Infinium has pointed out actual repair was necessary.

      What exactly in terms of factual information has HardOCP been corrected on but not fixed about the original article? Yes, I know I could just read through it and fix it myself. But I glanced at it and do not want to read through that 5 page monstrosity. You seem to have read it, so it is easier to just ask you :) Which claims did OCP improperly fail to respond to, do you think? You mentioned office locations?

      Moreover, I think the fact HardOCP has posted the Infinium letter verbatim says a lot about their journalistic integrity. They may not have changed their original article significantly, but they did at least give Infinium a platform from which to respond. While clearly their opinion of Infinium is low, they seem to be firmly acting in the interest of making as many people as possible as legitimately informed as possible.

    2. Re:What needs to be proven by Dr+Reducto · · Score: 1, Interesting

      I am am Phantom suporter, as you can probably tell by my sig: [Disclaimer: I am a Phantom Beta Tester and Moderator at the Phantom Forums]. When the last article hit about the lawsuit, the trolls on the forum were saying how Infinium was going to get reamed even more by HardOCP. The "Phanboys", as they are called on the forum, were saying HardOCp was going to get sued into the ground. you do a good job of summing it up:

      Infinium Labs has a pretty good case at some points. HardOCP has a few reasons why they would win. I however, think that HardOCP will win though, because I heard somewhere that Libel cases are hard to win (for a company facing a member of the press at least).

    3. Re:What needs to be proven by Anonymous Coward · · Score: 0

      Personally, I think HardOCP is correct that Ininium is a bunch of horseshit. One of the images released showed a close-up of the back of the console. Apparently, the Phantom comes with an internal cable modem. I may be wrong, but I figure most high speed connections involve a network so that multiple people can use the internet on the same connection. Included a wireless card and ethernet port would make much more sense.

    4. Re:What needs to be proven by SQLz · · Score: 2, Informative

      If HardOCP truly takes journalism seriously, then a few corrections should be forthcoming. The fact that an expense paid invitation to view the facility was turned down suggests a strong anti-Infinium bias.

      Did you happen to read the link at HardOCP. They made 5 corrections.
    5. Re:What needs to be proven by Anonymous Coward · · Score: 0

      But he "believed that he was being invited to visit Florda only so Mr. Roberts could physically attack you."
      I mean come on, Kyle is tiny, I would definately put my money on the biznatch suit the then crazied texan! ...

      How could I real lawyer even put that quote in the threatening paperwork?!

    6. Re:What needs to be proven by Anonymous Coward · · Score: 0

      When the last article hit about the lawsuit, the trolls on the forum were saying how Infinium was going to get reamed even more by HardOCP. The "Phanboys", as they are called on the forum, were saying HardOCp was going to get sued into the ground.

      Who would you say was right?

      Infinium Labs has a pretty good case at some points.

      Would you care to tell us exactly what those points are?

      I am just curious.

    7. Re:What needs to be proven by ArmorFiend · · Score: 1

      Indeed, this is hardly a one-sided rout like I percieve SCO-IBM to be.

      Hardcop is being stupid about locating Infinium's headquarters. Possibly deliberately stupid. Small business move around a lot, and have to have post office indirection for that purpose. That their mail goes to what amounts to an obfuscated PO Box is hardly suprising. Now there does seem to be some confusion as to where their actual offices are, but even /.'s "Robin Miller" admits they do now have them.

    8. Re:What needs to be proven by Dr+Reducto · · Score: 1

      I know IHBT, but am still willing to respond: I think HardOCp did tell the truth for the most part, but did leave out some important facts that didn't fit with their anti-phantom bias. From my point of view, that is not libel, but IL thinks it is. I think it's poor journalism.

      Reasons why IL has a case:

      Look at the letter. The things that they accuse HardOCp of making "innuendo" about are factual. IL is not lying about those things.

      I simply don't see how innuendo can really be used as a means to declare something is Libel.

      [Disclaimer: The views posted this thread are my own, and not neccessarily representative of Infinium Labs.]

    9. Re:What needs to be proven by Anonymous Coward · · Score: 0

      Actually, the cable port makes some sense on a demo unit, if they were trying to sell the thing to cable companies. Also, most consumers do have cable and do not have an ethernet LAN, cable router, wireless, etc.

      You are thinking in geek terms -- if it was purely fanboy vaporware, they would be thinking just like you and would have faked a bunch of geek stuff rather than a cable port.

    10. Re:What needs to be proven by Anonymous Coward · · Score: 0

      I'm just wondering, why exactly are you a Phantom supporter? Do you always go for the retarded, criminally insane underdog that sells cups of cold urine with sugar mixed in as lemonade? Or are you partial to longshots because then if it pays off you can laugh at everyone who called you a flaming moron for wasting your time with such a piece of shit company?

    11. Re:What needs to be proven by Anonymous Coward · · Score: 0

      Well, thank you for responding.

    12. Re:What needs to be proven by Sven+The+Space+Monke · · Score: 4, Insightful
      I am a Phantom Beta Tester
      Oh, so you've played the Phantom? Well, in that case maybe you could clear some things up. The beta unit they sent you - which promo photo does it look like the most? Oh, and what games have you played on it? How do the games look?

      What's that? You don't have a beta unit? You've never seen a woking Phantom? So what do you mean by beta tester? To me, "beta tester" says someone who has actually tested something. Perhaps you should rephrase. Might I suggest "I have pre-registered to apply to be a beta tester", or "they told me I'm a beta tester, but I still haven't gotten anything that could be mistaken for a game console from them"? Just a few suggestions.

      --
      A man who can't pronouce "nuclear arsenal" shouldn't have one -sig ends here.
    13. Re:What needs to be proven by mushroom+blue · · Score: 1
      am am Phantom suporter, as you can probably tell by my sig: [Disclaimer: I am a Phantom Beta Tester and Moderator at the Phantom Forums]

      wow. if all it takes to make something sound true is to put a statement in your sig, I guess this means I really AM a waffle.

      if you don't have a Phantom game console, you are not a beta tester. you are what Lenin called a "Useful Idiot", meaning you are someone who repeats the propaganda as if it were your own thoughts. this is really not an attack on your intelligence, mind you; just a comment on the role you're playing.

      the fact that so many sites have come forward to say the same things about Infinium Labs, and have done the research to back it up says that perhaps you're on the wrong side of the fence here. :)

    14. Re:What needs to be proven by Dusabre · · Score: 0

      So you're not a lawyer and you've heard something somewhere and you think somebody will win a case (that has not materialised...)...

      Seems you're a pretty astute thinker. Give me your private email, I've got a very good offer on Spanish prisoners for you.

    15. Re:What needs to be proven by Biogenesis · · Score: 1

      You americans are lucky with free speach and all, here in australia "truth" is not a defence for defamation, as www.overclockers.com.au found out that hard way :(. Read the forum terms/conditions for minor details.

    16. Re:What needs to be proven by Anonymous Coward · · Score: 0

      His private email is in his profile. Mark_Perdomo@hotmail.com . Looking up other comments from Mark Perdomo via Google says the only net-posting "Mark Perdomo" is from Ellicott City, Maryland. The only Perdomo listed in Ellicott City, MD, is:

      S. Perdomo
      4130 Brittany Dr.
      Ellicott City, MD 21043-6014
      (410) 750-1825

      I'm guessing that he either lives with his parents there, or that's some other relative's number.

    17. Re:What needs to be proven by Anonymous Coward · · Score: 0

      from Phantom's website:

      We are currently updating our extensive list of content/publishers at this time. It is by no means a complete compilation of games available on the Phantom.

      Please check back to this site at a later date for the latest exciting exclusive and popular game titles that are pending developer/publisher approval. Please contact us if you have any questions.

      Thank you for your cooperation.

      This is in preparation for a March launch???

    18. Re:What needs to be proven by Anonymous Coward · · Score: 0
      The fact that an expense paid invitation to view the facility was turned down suggests a strong anti-Infinium bias.

      Not so fast. The attorney alleges that such an offer was extended. I haven't seen the HardOCP people confirm it.

      What is fact is that several Infinium has had to back down from several claims they have made. Fact is, after you're caught lying a few times, people find it mighty hard to believe anything you say anymore.

    19. Re:What needs to be proven by Corngood · · Score: 1

      You are a worthless piece of shit.

  39. Its full of comedy gold! by Teese · · Score: 2, Interesting

    Lines like

    "You allege that Mr. Roberts was employed for Worldcom for a period of time. The innuendo is that Mr. Roberts was employed for a significant period of time. You need to correct your article to state that Mr. Roberts worked out of his home for WorldCom for 90 days as a non-officer"

    90 days is a freakin' period of time! 20 seconds is a period of time! the sentence is a true statement! Under what US law is publishing a true statement a crime? (well, other than copyright, patent, and trademark laws; depending on the context, but those aren't being argued here).

    anyways, its-a funny readin'

    --
    "I'm a Genius!"*


    *Not an actual Genius
    1. Re:Its full of comedy gold! by Anonymous Coward · · Score: 0

      A significant period of time. Depending on the job, 90 days might, or might not, be significant. If, for example, a project runs for a year, and you're there for 90 days, you could argue that you were there for a significant period of time. On the other hand, being CEO for 90 days wouldn't be considered significant.

      Context is everything.

    2. Re:Its full of comedy gold! by prockcore · · Score: 2, Funny

      How dare you insinuate that our CEO was gainfully employed! He was homeless and living in the sewer! The only reason he worked for worldcom is because two old guys made some sort of wager which entailed our homeless CEO trading places with an executive.

      Now take it back!

  40. The innuendo is.... by doomy · · Score: 1

    ... that no such console exists.

    --
    ...free your source and the rest would follow...
  41. Inept site design by Animats · · Score: 2, Interesting

    Their site puts Mozilla into an infinite reload loop. They're probably trying to do something annoying involving a forced ad, but Mozilla is resisting.

    1. Re:Inept site design by Anonymous Coward · · Score: 0

      humm... works fine in mozilla 1.4.1, and in 1.5

    2. Re:Inept site design by the_greywolf · · Score: 1

      for me, it's moving about e^(i*pi)-1 furlongs per fortnight just to make the damned menu change color.

      and not to mention the way the visual design in Firefox breaks. it looks like a three-toed sloth came up with the design.

      --
      grey wolf
      LET FORTRAN DIE!
    3. Re:Inept site design by Anonymous Coward · · Score: 0

      +1, Funny!

  42. Recap of the day by Anonymous Coward · · Score: 5, Funny
    A recap of the day's news:
    • SCO plainly states they are going to sue a linux user today. When today comes, they do not do anything, but simply produce more elaborate threats and a new deadline of "tomorrow".
    • Infinium Labs plainly states they are going to sue HardOCP soon. When today comes, they do not do anything, but simply produce more elaborate threats and a new deadline of "soon".
    • NASA implies they are going to reveal an important Mars discovery today. NASA does in fact then reveal the discovery that Mars did in fact have significant and widespread liquid oceans in the distant past and that sediment analysis confirms this.
    In short: Between SCO, Infinium, and Life on Mars, Life on Mars is at least for today far and away winning the credibility race.

    -- Super Ugly Ultraman

    1. Re:Recap of the day by Thedalek · · Score: 1

      Ever read Beckett's Waiting for Godot?

      --
      Happiness is relative, Based upon the way we live.
  43. Infantile by Neo-Rio-101 · · Score: 4, Insightful

    Shouldn't that be Infantile Labs?

    I mean, the more someone gets upset at someone elses comment goes to show just how much the said comments actually bothered them.

    If Infantile Labs just blew off most of the HardOCP comments as nonsense and got on with business, this issue wouldn't have surfaced and no-one would have batted an eyelid.

    Now that they've blown the issue up (all by themselves), everybody sees them as being a big cry-baby just like SCO is - and HardOCP's comments as credible.

    Can you say... shoot self in foot?

    --
    READY.
    PRINT ""+-0
    1. Re:Infantile by Thing+1 · · Score: 1
      Can you say... shoot self in foot?

      My favorite image came from one of the early SCO stories. Someone said "Darl shoots himself in the foot right before putting it in his mouth." The image of him drooling blood around a mouthful of athlete's foot...

      --
      I feel fantastic, and I'm still alive.
  44. In other words by Anonymous Coward · · Score: 1, Funny

    Lawyers don't sue people, people sue people?

    1. Re:In other words by The+Only+Druid · · Score: 1

      As much as you're joking, its actually true. In most if not all cases, a lawyer cannot sue on his or her own unless he or she is specifically a valid plaintiff. Thats not to remove all responsibility - a good lawyer should refuse cases without merit, ideally - but it is best to realize that they're either direct employees or contract employees acting on someone elses behalf.

      --
      "Stumble before you crawl"
  45. It's Oscar Time !!! by DangerSteel · · Score: 0, Flamebait
    We need to have a poll as to whether Infinium or SCO has hired the legal firm that wins the Oscar for "Most Like the United Nations"...

    I swear, just one more time !!! WE ARE NOT KIDDING THIS TIME ! WE WILL VOTE AGAIN!!!

    1. Re:It's Oscar Time !!! by DangerSteel · · Score: 1
      Flamebait?

      Whatever....

  46. I think you mean... by Roydd+McWilson · · Score: 2, Insightful

    ...infimum.

    --
    THE NERD IS THE COMPUTER.
  47. Very truly yours by Fiz+Ocelot · · Score: 5, Informative
    Ok I'm not a lawyer, but signing a document like this as "Very Truly Yours" seems unprofessional. Well actually, the entire document seems rather unprofessional and poorly done.

    However after googling a bit I did find some info, I think.

    James Aker seems to be a real lawyer at least.

    He seems to do Litigation, Employment law, construction, and personal injury. Not really specilized it seems.

    1. Re:Very truly yours by stangbat · · Score: 2, Insightful

      I have also always thought it is inappropriate to sign a nasty or threating letter with "Very Truly Yours".

      We can only hope that that letter was penned by an intern fresh out of high school. If that letter truly represents his written communication skills, I'd hate to see how he performs in a court room. He must be a blubbering idiot.

      Maybe I'd better think of a way to re-phrase what I just wrote. I'd hate to get sued.

    2. Re:Very truly yours by psxndc · · Score: 1
      "Very truly yours" is actually a very common way to sign a letter. I personally prefer "Best regards," but I know many people that use the former.

      psxndc

      --

      The emacs religion: to be saved, control excess.

    3. Re:Very truly yours by LuxFX · · Score: 1

      However after googling a bit I did find some info, I think. James Aker seems to be a real lawyer at least.

      Actually the HardOCP page had a link to the same page about halfway down. But the really interesting part is that the link has James Aker's email address.

      jaker@icardmerrill.com

      Now I wonder what the Slashdot crowd could do with that....

      --
      Punctanym: alternate spelling of words using punctuation or numerals in place of some or all of its letters; see 'leet'
    4. Re:Very truly yours by Bodhammer · · Score: 1

      My guess is that he will be getting a LOT of offers for barnyard friends and hot virgin teens...

      --
      "I say we take off, nuke the site from orbit. It's the only way to be sure."
    5. Re:Very truly yours by glassware · · Score: 2, Insightful

      Churchill, when declaring war on Japan in 1941 after Pearl Harbor, sent a letter to Hirohito in which he informed the Japanese emperor that a state of war existed between Britain and Japan.

      He signed it, "Your humble servant", and commented, "After all, when you have to kill a man, it costs nothing to be nice." See his WW2 memoirs.

      I've found a partial copy of the letter, but it seems to have all the formalities edited out.

    6. Re:Very truly yours by 0x0d0a · · Score: 3, Interesting

      What would you expect the closing to be? "I Hope You Die in Agony"?

      I mean, sure, business protocol sometimes sounds a bit silly because meanings have diverged from their original meaning (How many *nice* business letter writers really mean "Very Truly Yours"?)

      It's a polite nothingness, part of the protocol surrounding the actual content. One could have a word processor simply inject the same closing (I do in my emails) in each communication.

      If you want a technology analogy, consider the use of HTTP's "Referer". Yes, it's a misspelling, and so an error in actual content. However, it serves no actual purpose other than as a convenient placeholder, a tag. It is not used for its English meaning any more.

      Nobody tries to derive meaning from business letter closings either.

    7. Re:Very truly yours by Moggie68 · · Score: 1

      "He seems to do Litigation, Employment law, construction, and personal injury. Not really specilized it seems."

      Specialized enough. For my unsophisticated foreign eye this reads like the specialization list of "Dowe, Screwem and Howe, attorneys at law".

    8. Re:Very truly yours by stangbat · · Score: 1

      I'm not trying to troll, and maybe I am trying to read to much into a simple closing, but it just seems out of place. As you state, it is now just business protocol with the original intent being lost. Then why use it? It sounds like you are closing a letter to your grandmother, not a potential defendant to your lawsuit.

      I when I write a business letter I try to stick to my true intent. If I think you should go to hell I don't necessarily state the thought outright, but I don't pass myself off as "Very Truly Yours" after ripping into you for the previous several paragraphs. I guess this is why I am not a politican.

      Best Wishes, (which I actually do mean)
      Stangbat

  48. Nusance lawsuits should be a crime by Kris_J · · Score: 0, Troll

    Then if someone was abusing the legal system in order to attack you, you'd only have to report it to the police and they'd handle it from there. This would reduce costs to the target quite substantially, while putting a trained group of independant professionals into the system in order to prevent abuse of an anti-abuse law. (Filing false police reports is already a crime.)

  49. This all seems like... by mac+os+ken · · Score: 4, Funny

    From what I gathred reading the articles at HardOCP, IL, and Penny Arcade, this all seems like some kind of high school popularity contest. Let me explain.

    Nintendo, M$, and Sony are your populars who will always be despite the mistakes they make. Everyone knows about them but in the long run no one seems to care because let's face it: their popular.

    HardOCP and Penny Arcade are in the middle when it comes to the social mix. They are not producers of their hardware but have enough room to have their own opinions of such matters. They talk to everyone because they can. HardOCP is that trustworthy quiet guy from shop class and Penny Arcade is the class clown. When they say stuff people listen.

    Along comes the transfer student, Infinium Labs, who is trying to make a name for himself by being cynical of those who are clearly above them. His best friend is N-Gage. Together they follow every move and try to emulate their superiors formula to better their status.

    IL , despite his efforts, fail at presenting themselves in a way their peers deem acceptable. Well Nintendo, M$, and Sony laugh hilariously at them because to put it briefly, they know what their markets. HardOCP and Penny Arcade don't buy it because they represent the market. If either peer fails to buy what you are selling you are out of luck.

    So IL attacks his peers as being hypocritical liars although he secretly wishes to be one of them. Four years later they all graduate. Nintendo, M$, and Sony go on to college and are succesful. HardOCP and PA too. IL fades into obscurity... and N-Gage is killed in a fatal car crash.

    Years later whenever anyone remembers IL they have a good chuckle. N-Gage unfortunately was killed in a car crash soon after graduation.

    --
    .deviatefromtheabsolute.
    1. Re:This all seems like... by mac+os+ken · · Score: 2, Funny

      DOH!
      BR Sorry about the double car crash thing... No wait I can work with this. "N-gage rose from his grave after being summoned by the devil just for the purposes of being hit buy a car. N-Gage was killed dead... again."

      --
      .deviatefromtheabsolute.
    2. Re:This all seems like... by Anonymous Coward · · Score: 0

      The problem is Mr Roberts seems mainly interested in raising money. I live in Sarasota and have seen articles promoting his wonderous gaming console in the Monday Business rag the Tribune puts out. and funny as it seems no one seems to know anything about this company, You'd think considering Sarasota is not huge like say New York or whatever that someone would know something more than " Oh I read about them awhile back"

    3. Re:This all seems like... by Anonymous Coward · · Score: 0

      "HardOCP is that trustworthy quiet guy from shop class" -- Lol, you obviously have not met kyle bennet. Kyle is perhaps one of the most obnoxious, rude and sneaky people i have ever had the displeasure to meet. Several times in fact.

  50. A Clockwork Orange by Anonymous Coward · · Score: 0

    Infantile labs goes in infinite gloopy loop -- Anthony Burgess

  51. Screw them. Call out ED-209. by DroopyStonx · · Score: 4, Funny

    OCP don't need to take nobody's bull.

    Call up the fellas in the 95th floor and have them round up ED-209.

    "Drop your lawsuits. You have 20 seconds to comply."

    --
    We have secretly replaced these Slashdot mods' sense of humor with a rusty nail. Let's see if they notice!!
    1. Re:Screw them. Call out ED-209. by Anonymous Coward · · Score: 0
      "Drop your lawsuits. You have 20 seconds to comply."
      "I think you better do what he says, Mr. Roberts."
  52. Nooow I know why PA was so slow today.. by spoco2 · · Score: 0

    ... you've slashdotted it!

  53. RoboCop by Anonymous Coward · · Score: 0

    Is this "OCP" related to RoboCop?

  54. Re:The amazing legal strategies... by Anonymous Coward · · Score: 0

    Hey dumbass. There IS NO CASE HERE. Somebody wrote somebody else a letter. That's all that happened. Blame the guy who wrote it, not the court system that isn't even fucking involved yet.

  55. But you miss the point! by spoco2 · · Score: 5, Insightful

    This is FUNNY! the letter sent to HardOCP is really, really amusing... it's written as if by a primary school child.

    It's basically... "You wrote that we have not shown any real machines yet... you imply that we don't really have any"
    "You wrote that you haven't seen an office yet... you imply we don't have an office"

    It's just paragraph after paragraph of them saying things like that... it reads so very, very badly.

    Plus it falls into periods of text which CANNOT have been written by anyone with ANY sort of legal training:
    "The article inaccurately claims that HardOCP 'Compiled and researched all of the publicay available information we could find.' Clearly this is not the case or you are not very good at finding publicly available information."

    Dear god that's terrible... it's so much like "you, you, you're a poopy pants... and, and, my dad says that what you said is wrong... you poopy pants"

    I can see why they have not taken this seriously.

    1. Re:But you miss the point! by Mitchell+Mebane · · Score: 5, Funny

      Did I mention you're a big old bed-wetting doody-head?

      --

      The roots of education are bitter, but the fruit is sweet.
      --Aristotle
    2. Re:But you miss the point! by badasscat · · Score: 5, Insightful

      Plus it falls into periods of text which CANNOT have been written by anyone with ANY sort of legal training:
      "The article inaccurately claims that HardOCP 'Compiled and researched all of the publicay available information we could find.' Clearly this is not the case or you are not very good at finding publicly available information."

      Dear god that's terrible... it's so much like "you, you, you're a poopy pants... and, and, my dad says that what you said is wrong... you poopy pants"

      I can see why they have not taken this seriously.


      I'm sure this will not be the popular view here but I think this is both an incorrect and a dangerous way of looking at things. I mean, apparently lawyers can't win here at Slashdot. You use lots of legalese and it sounds like you're hiding behind it. You use plain English and you sound unprofessional.

      What are lawyers supposed to sound like? How are they supposed to request changes be made to an article and retractions written?

      It seems to me that this letter provides clear and in a lot of cases reasonable requests for factual changes to be made to an article. For example, the point about Tim Roberts being a Corporate Director of Medhire, not an employee - this is important because HardOCP implied he was lying on his resume. If what these guys are saying is true, he did not lie on his resume, and HardOCP is guilty of slander if they do not change this article (they will knowingly be leaving intact an article that is defamatory). They were also irresponsible for not researching the point properly to begin with.

      If Infinium does decide to file a lawsuit (which they'd be dumb to do from a PR standpoint, but PR is obviously not their strong suit), they now have this document to point to specifically detailing HardOCP's transgressions, in plain English (so there can be no claim by Kyle that he did not understand any of their points), and requesting changes be made to address them. This is a required step in the process, if Infinium really is going to go the legal route.

      I'm not saying the whole lawsuit threat is a smart way of doing business. It's certainly not helping the company's image any, and it's not the way I'd be going about things if I was running the show there - it seems very counterproductive. But it sure seems to me that when it comes down to it, Infinium may actually be right on a lot of points, and this was not the best-researched piece of writing that ever appeared on HardOCP. I do not fault the lawyers for speaking to Kyle like regular human beings rather than legal drones. I fault them for really, really bad public relations, but legally it seems to me that HardOCP is on the short end here.

      It's not a freedom of speech or press issue when you lie about people with intent to harm their business. There are several points in those letters (including the one I noted above) that are factual issues that Kyle has chosen to ignore in his response. Don't turn this into something bigger than what it is - this is about defamation and slander, not freedom of the press. Some people are losing sight of the real issue, missing details and blowing things out of proportion, belittling lawyers and Infinium themselves without paying any real attention to what's really going on. With freedom of the press comes responsibility, and I'm not convinced this was really a responsible article on the part of HardOCP.

      No, I do not work for either company involved, and have no interest in these proceedings either way, whether emotional or tangible.

    3. Re:But you miss the point! by The+Lynxpro · · Score: 2, Interesting

      "It's just paragraph after paragraph of them saying things like that... it reads so very, very badly"

      I've seen far worse. I witnessed a letter from an attorney sent to the very large agency in California that administers the health department (and others). The letter was a "fishing exercise" whereby the attorney was trying to goad the agency into proving his own case against them, which is a clear abuse of the legal concept of discovery. He was representing a couple of (probably illegal) immigrants who claimed they were discriminated against because some health clinic that participates in State funded programs did not provide an interpreter for their obscure languages. And I'm talking obscure like a language such as "Toltec." I mean really, there's probably more people on our planet that can speak "Klingon" (or "Esperanto") than "Toltec." But that didn't stop this toolboy. He (the attorney) did not even understand the statutes that governed the agency nor did he even know which departments and offices fell under the jurisdiction of the statutes (I guess he couldn't afford a WestLaw subscription). To me, that's a very compelling argument against law schools who are not accredited with the ABA or even ABA schools that are near the fourth-tier level. However, comparing that letter to the Infinium Labs legal staff, I'd have to say the Infinium Labs guy is a law lord compared to the previously mentioned example...

      --
      "Right now, somewhere in this world, Scott Baio is plowing a woman he doesn't love," - Peter Griffin, *Family Guy*
    4. Re:But you miss the point! by Kneht · · Score: 1
      For example, the point about Tim Roberts being a Corporate Director of Medhire, not an employee - this is important because HardOCP implied he was lying on his resume. If what these guys are saying is true, he did not lie on his resume, and HardOCP is guilty of slander if they do not change this article (they will knowingly be leaving intact an article that is defamatory). They were also irresponsible for not researching the point properly to begin with.

      Perhaps you missed the point. HardOCP spoke to a company representative twice and got two different stories. When they called the second time:

      This time the woman's story was different and she referred to Mr. Roberts as the co-director of the company. We asked again to speak to Mr. Roberts, but the woman on the phone claimed she had no contact information whatsoever for Mr. Roberts. No e-mail address, no phone number, nothing. When we asked why she didn't have any contact information for the Director of the company she worked for, she told us that he frequently changed phone numbers and that she did not have available his latest contact information.

      This lack of any contact info is shady of even an employee, let alone a "co-director." While it's not an indication that Mr. Roberts is a shady individual, it does indicate that maybe one would be wiser investing in another company.

      There is a lot of opinion in HardOCP's article, but it seems very clearly indicated as such.

      --
      "Are you on some kind of medication?"
      "No"
      "Well, you should be."

      --Bean

    5. Re:But you miss the point! by Catnapster · · Score: 1, Funny
      If what these guys are saying is true, he did not lie on his resume, and HardOCP is guilty of slander if they do not change this article
      Not slander. Libel. Didn't you even see Spider-Man?
      --
      The world can be wrong today for once.
    6. Re:But you miss the point! by Aardpig · · Score: 0, Troll

      He was representing a couple of (probably illegal) immigrants who claimed they were discriminated against...

      Why were the immigrants "probably illegal"? Is it difficult for you to conceive of a legal immigrant? If so, go and have a look in the mirror. If you don't look like a Native American, then you yourself are an immigrant. Are you legal?

      --
      Tubal-Cain smokes the white owl.
    7. Re:But you miss the point! by Anonymous Coward · · Score: 0

      I don't know about you, but I work in a small company, and there are 3 directors who I couldn't provide contact information for, and I've been here for years....

    8. Re:But you miss the point! by HybridJeff · · Score: 2, Insightful

      Well if you were born in the country, then your not an immigrant. Although, your ancestors might have been.

    9. Re:But you miss the point! by innocent_white_lamb · · Score: 1

      3 directors who I couldn't provide contact information for, and I've been here for years....

      But at least you are aware that they exist, which this woman apparently was not. In fact, it appears that she specifically denied that he was a director in the original phone call, which is more definitive (and damning) than "I don't know".

      --
      If you're a zombie and you know it, bite your friend!
    10. Re:But you miss the point! by The+Lynxpro · · Score: 1

      "Why were the immigrants "probably illegal"? Is it difficult for you to conceive of a legal immigrant? If so, go and have a look in the mirror. If you don't look like a Native American, then you yourself are an immigrant. Are you legal?"

      I am part Native American. But thanks for asking.

      --
      "Right now, somewhere in this world, Scott Baio is plowing a woman he doesn't love," - Peter Griffin, *Family Guy*
    11. Re:But you miss the point! by Anonymous Coward · · Score: 0

      Hello, McFly? Are you a butthead McFly?

      If you were born in this country, you are not an immigrant. Being the great great great great great grandson of an immigrant does not make you an immigrant.

      Dumbass.

    12. Re:But you miss the point! by spoco2 · · Score: 4, Interesting

      Granted, legalese is tiresome to wade through and quite often seems to complicate matters just for the sake of it, but this is just plain unprofessional, I mean statements like "Clearly this is not the case or you are not very good at finding publicly available information." Have no place in a legal document surely?

      Something more like "It is our belief that there is ample information freely available to the public to back up our stance in this matter." It states the same thing but does so without sounding like a school child. "You're crap you are" is not a sound legal defence surely?

    13. Re:But you miss the point! by jackbird · · Score: 3, Informative
      apparently lawyers can't win here at Slashdot. You use lots of legalese and it sounds like you're hiding behind it. You use plain English and you sound unprofessional.

      What are lawyers supposed to sound like?

      Click over to Groklaw and take a look at some of IBM's pleadings. Clear, elegant prose (mostly) readable by non-lawyers, couched in impeccably-used technical terminology when needed.

    14. Re:But you miss the point! by SethJohnson · · Score: 4, Funny


      Perhaps, like jobs in the tech industry, these threatening letter writing jobs are being farmed out to lawyers in India.
    15. Re:But you miss the point! by meatspray · · Score: 4, Insightful

      I wouldn't go so far as to say that HardOCP is lying about Infinium nor would I say that I can detect them blowing things out of proportion.

      For the life of me I can't figure out why HardOCP cares, but they do and they've done a little investigative foot work. The mainstay of the OCP article mentions that this guy has run a few companies into the ground, that infinium labs has no legit place of business and is generally seedy about their operations.

      The information covered in the article is mostly factual, publicly available knowledge. Although the article isn't written in a professional tone I really don't see any information in the article that sounds fishy. I've lived through the .com days, I've seen this business model before.

      Perhaps you can explain to us the part of the OCP article that blows things out of proportion. You seem to have some inside track as to what's going on here please enlighten me.

      The problem with the document sent to Mr. Bennett isn't that it suffers from being written in plain English. The document was simply written in an equally non-professional tone. What kind of lawyer would send a unprofessionally scripted document filled with angry insinuations to someone they wish to take to litigation?

    16. Re:But you miss the point! by Anonymous Coward · · Score: 0

      no sorry i'd venture to guess that 90% of the people in the US reading slashdot are not immigrants, they were born here, but most were probably decended fom immagrants.

      Add in the fact that most science shows that human life in north america actually migrated over the bearing strait and even you are decented from immigrants.

      If anything I'd say you have a racists attitude against me telling me I immigrated when I was born here the same as you. Or does that put me into a different class of people because of who i'm decended from?

    17. Re:But you miss the point! by theantix · · Score: 1

      You use lots of legalese and it sounds like you're hiding behind it. You use plain English and you sound unprofessional.

      What are lawyers supposed to sound like?


      Uh, lawyers are supposed to use legalese... that's the point of the bloody legalese. There is no "hiding behind it", lawyers can write things correctly or incorrectly. The quote that people are poking fun of here was written sloppily and it indicates a general lack of seriousness on the part of Infinium Labs and some people find it funny.

      --
      501 Not Implemented
    18. Re:But you miss the point! by pla · · Score: 4, Insightful

      How are they supposed to request changes be made to an article and retractions written?

      For starters, try only accepting clients with a firm grip on reality.

      I've followed this situation from the beginning (well, from long before Slashdot got involved, anyway), and basically, HardOCP prepared their article directly from "facts" (true or not), including in-context quotes, derived from IL's press releases and Tim Roberts' own resume.


      It's not a freedom of speech or press issue when you lie about people with intent to harm their business.

      While the concepts presented may disagree with reality, they do so entirely because TR and IL presented them that way. Their office doesn't exist? Why, of course it makes perfect sense that they would want potential contracts, whether via US mail or a sales rep, forwarded to the USPS's /dev/null (or left on an empty floor). The executive secretary of a company (owned by TR's mommy, how cute) doesn't know if TR works there, and has no contact info? And had a different story next time they called? Why, perfectly rational, HardOCP should have simply have take such a setback as a minor annoyance, certainly not indicative of anything fishy. HardOCP claimes X (which occurred no less than five times in the threatening legal letter), based only on concrete evidence of X? Shockingly libelous (not slander, BTW)! How dare HardOCP infer the glaringly obvious from the available facts! "Your name starts with a 'Bo', and forms a palindrome? Why, I would feel remiss if I simply assumed it as 'Bob', rather than considering such possibilities as 'Boxob' and 'Bo'a'man'a'plan'a'canal'panama'ob', please forgive my presumptiveness". Hmm, how about "boob"?

      The criticisms of this legal scare-o-gram have nothing to do with its choice of jargon. It quite simply reads like a joke, all but stating outright "You trusted TR's resume, you sucker... W3 0wn2 j00!". So TR lied on his resume. Does that make TR, or HardOCP, liable for that info?


      If what these guys are saying is true, he did not lie on his resume, and HardOCP is guilty of slander

      If TR didn't lie on his resume, then HardOCP has truthfully reported the facts. If he did lie on his resume, then HardOCP has truthfully outed him as a fraud. Neither counts as LIBEL (not!!! slander).


      It seems to me that this letter provides clear and in a lot of cases reasonable requests for factual changes to be made to an article.

      I do so hate to resort to ad hominem, but if you consider that nastygram as even remotely "reasonable", you need to check into a first-semester "logic and rhetoric" class ASAP. Really sad, that HardOCP needs to take something that pathetic as a dire threat to their freedom and financial security).


      I'm not saying the whole lawsuit threat is a smart way of doing business

      You've got that much dead-on... IL's console model wouldn't appeal to the typical gamer; it appeals to geeks who enjoy retrogaming with a few hot new hits thrown into the mix. By making it to the Slashdot FP, IL has effectively destroyed its potential user base - Of course, that assumes the "phantom" exists in any more tangibe form than its name suggests, which appears doubtful at this point in time.

    19. Re:But you miss the point! by psxndc · · Score: 3, Informative
      Uh, lawyers are supposed to use legalese

      Actually the growing trend taught in law school is never to use legalese for exactly the reasons /.'s decry: no one can understand it except lawyers. This book is a required text for my Legal Practice Skills course.

      psxndc

      --

      The emacs religion: to be saved, control excess.

    20. Re:But you miss the point! by beni1207 · · Score: 2, Interesting

      Actually I got the feeling this was a message from the client to his lawyer which was then minimally transcribed and put into the legal document. I had a lawyer for my divorce who did something almost identical - I sent him a long email detailing my arguments for one aspect of the case but couched it in language and a tone which I intended only for him (I never would have submitted that message to the court). I was quite surprised to find that most of that email made it in unchanged as the brief he filed with the court. It wasn't a huge deal and it's not like he charged me for 10 hours of work for doing it, but I had still thought he would take my point and mold it into a good legal document, but instead most of what he submitted was verbatim from my message. Go figure.

    21. Re:But you miss the point! by Flingles · · Score: 0

      Right-0 chap. Not that I believe in Phantoms but I'd rather be able to read their letters than have them sounding like most lawyer-speak. eg.

      1.HardOCP (hereby referred to as party 2) is not to publish information (hereby referred to as data) acquired, received, or used by party 1 (hereby referred to as party 3) in their article, review, text, or picture.
      2.Any data (hereby referred to as "information") which is identical, similar, different, akin, alike, related, resembling, congruous, consonant, consubstantial, correlative, corresponding, like, matching, parallel, in agreement with or related to informant party 7 will be taken as direct disobediance of this legal document.........

      Picture: An object, symbol, design, emblem, figure, motif or representation which is not expressed using a written language and enters the eyes using electromagnetic radiation (see SCO patent no. 41321).

      and so on.

      --
      Karma: -2^0.5 . Mainly due to the imbibing of dihydrogen monoxide
    22. Re:But you miss the point! by Ath · · Score: 1
      For example, the point about Tim Roberts being a Corporate Director of Medhire, not an employee - this is important because HardOCP implied he was lying on his resume. If what these guys are saying is true, he did not lie on his resume, and HardOCP is guilty of slander if they do not change this article (they will knowingly be leaving intact an article that is defamatory). They were also irresponsible for not researching the point properly to begin with.

      First, the claim would be a libel case and not a slander case as the information was published.

      Second, it is not enough to show the statement was inaccurate in a libel case. It is required that you show the statement was intentionally false AND that the person was damaged. In your cited example, Mr. Roberts would be hard pressed to establish any damages as a result of his title being wrong in the article or any of the other information.

      The whole letter is crap. As soon as a lawyer starts describing the libel as being from innuendos and inferences, he just burned himself. If a legal case was filed based on this letter, any half-competent attorney defending HardOCP could have the case dismissed immediately based only on the pleadings.

      The fact is, Mr. Roberts is a public figure and he is mad that someone published something about him that is unflattering. So what. Get over it.

      After seeing this letter, it is my opinion that both Mr. Roberts and Mr. Aker are dickless asswipes. But just to protect myself from their scarey lawsuits, I want to state that this is only my opinion. However, I have never seen their dicks so perhaps it is only innuendo that they are dickless.

    23. Re:But you miss the point! by JudasBlue · · Score: 1

      Actually, while I think this letter is bogus, I will admit to one point, it really isn't that odd for members of a company to have no clue at all who is and isn't a member of the board. This can also get confusing, because some companies have a title of director, which is a management position and board members can use the same title but in many, if not most cases, won't have interaction with anyone in the comapny with the exception of the officers.

      I seriously suspect this is what happened in this case. Is IL probably bogus and Tim a doof? Most likely in my opinion. And do I think HardOCP should retract the article? No. But this is one of a handfull of points here that was actually not on crack.

      --

      7. What we cannot speak about we must pass over in silence.

    24. Re:But you miss the point! by taernim · · Score: 1

      I know you are, but what am I?! ;-)

      --
      "PC Load Letter? What the $@#% does that mean?!"
    25. Re:But you miss the point! by Anonymous Coward · · Score: 0
      I know you are, but what am I?! ;-)

      Hmm, select one of:

      I am rubber, you are glue.

      Oh, yeah?

      You're a rubber chicken with a pulley in it!
      [/monkeyisland]

    26. Re:But you miss the point! by Anonymous Coward · · Score: 0

      ..it really isn't that odd for members of a company to have no clue at all who is and isn't a member of the board.

      Indeed. Many investment companies will insist on having a member on the board of directors. They are just there to oversee their investment; other than that the director will never (Or very rarely) come to the office. It's very rare for employees to ever need to interact with such a director.

    27. Re:But you miss the point! by El_Ge_Ex · · Score: 1

      HardOCP is guilty of slander if they do not change this article

      Actually that is libel. :)

      -Brian

    28. Re:But you miss the point! by Anonymous Coward · · Score: 0

      Are you sure you've got that the right way round? I thought that with libel you didn't have to prove damage (after all, with a written article you can't tell whether damage may occur in the future...). It's only with slander, where the offending comments are transitory, that damage has to be proven.

      Of course, IANAL, and I don't live in the states either, so I could be writing crap.

    29. Re:But you miss the point! by Anonymous Coward · · Score: 1, Insightful

      What are lawyers supposed to sound like? How are they supposed to request changes be made to an article and retractions written?

      They're supposed to just shut up and go away.

    30. Re:But you miss the point! by Aardpig · · Score: 2, Funny

      If anything I'd say you have a racists attitude against me telling me I immigrated when I was born here the same as you. Or does that put me into a different class of people because of who i'm decended from?

      You've got the wrong end of the stick. The post I was replying to (was it you?) was exhibiting some level of distaste for immigrants. I was pointing out that, at some point or other, their ancestor was an immigrant. I always find it ironic when Americans get so wound up about immigration, forgetting that the US was built on immigration.

      It appears today that many people continue in the fine GOP tradition of using the word "immigration" today as a proxy for "race". Don't like black people or hispanics or asian people? Then complain about "illegal immigrants".

      --
      Tubal-Cain smokes the white owl.
    31. Re:But you miss the point! by Kombat · · Score: 2, Insightful

      If you don't look like a Native American, then you yourself are an immigrant.

      Hogwash! If you were born here, then you're "native." "Immigrants," by definition, were not born here. Thus, it logically follows that to be considered an "immigrant," you must be born somewhere other than the country in question (I presume you're in the US?).

      Everyone who was born here is "native." It just so happens that some people have family trees containing members that migrated here substantially earlier than other people. The fact that my great-great-great-great grandfather migrated here, whereas your great-great-great-great grandfather was born here does not make you any more special than I am.

      I'm a white, Anglo-Saxon Canadian, born and raised in Nova Scotia. My parents were both born here, as were their parents. I consider myself a "native Canadian."

      Note, however, the important lack of capitalization of "native." I will grant you a distinction between "native" (i.e., I was born here) and "Native" (meaning my family is Metis/Inuit/MiqMaq/etc.), which for historical reasons, are still singled out.

      I think it is absolutely idiotic that some people think that just because my great-great-great-great grandfather took some land from their great-great-great-great grandfather, that that somehow entitles them to some kind of special privileges now, in the present. I'm sorry, but we were both born here on North American soil, you're no more special than I am, we should all just live together and end this practice of dividing.

      --
      Like woodworking? Build your own picture frames.
    32. Re:But you miss the point! by radish · · Score: 1

      If TR didn't lie on his resume, then HardOCP has truthfully reported the facts. If he did lie on his resume, then HardOCP has truthfully outed him as a fraud. Neither counts as LIBEL (not!!! slander).


      Sorry, but on this point HardOCP are (potentially) in the wrong. They state he was not an employee, but his resume says otherwise. According to the lawyers he was a Director, and his resume says he was a Director. A Director is not an employee. So if his resume actually says Director, then it's correct. The Directors of a company have to be registered (IIRC) so it should be a simple fact of legal record whether he was a Director or not.

      Maybe they made an honest mistake, maybe they were misled, regardless - as they have now had the truth pointed out to them they must correct the article if they wish to retain any credability at all.

      --

      ---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"

    33. Re:But you miss the point! by MegaFur · · Score: 1

      Really good post. I especially love the palindrome bit.

      --
      Furry cows moo and decompress.
    34. Re:But you miss the point! by Prior+Restraint · · Score: 1

      [HardOCP] state he was not an employee,... A Director is not an employee.

      So, what did HardOCP say that was incorrect?

    35. Re:But you miss the point! by Anonymous Coward · · Score: 0

      I'm sure this will not be the popular view here but I think this is both an incorrect and a dangerous way of looking at things. I mean, apparently lawyers can't win here at Slashdot. You use lots of legalese and it sounds like you're hiding behind it. You use plain English and you sound unprofessional.

      If you'd read any of IBM's submissions in the SCO case you'd understand that really good lawyers write beautifully clear, concise, readable English. More ordinary lawyers write inpenetrable but precisely worded spaghetti.

      Only bad lawyers and people pretending to be lawyers write like the Infinium letter.

    36. Re:But you miss the point! by Anonymous Coward · · Score: 0

      No there isn't. This is not a growing trend. You must go to Mickey Mouse Law or something.

    37. Re:But you miss the point! by Jack+Sparrow · · Score: 1, Insightful

      You said "Perhaps, like jobs in the tech industry, these threatening letter writing jobs are being farmed out to lawyers in India."

      You imply that Indian lawyers are not good at drafting legal documents and since lawyers, in general, are supposed to be better at drafting documents than an average citizen, you are implying that Indians in general suck at written English.
      You are obviously not good at knowing your stuff. Your statement was an attack on competence of Indians in general and you are given 10 nanoseconds to provide an apology.
      ---

      Seriously, that statement was in bad taste. If you have problems in outsourcing, you should attack (verbally) people who outsource, making such remarks on the competence of Indians is totally uncalled for.
      Thanks to slashdot for considering it very funny and bringing out to the notice of everyone.

    38. Re:But you miss the point! by Cpt_Kirks · · Score: 1

      If you don't look like a Native American, then you yourself are an immigrant.

      Actually, there are no "Native Americans" (or rather, anybody born here is a "Native American"). The first "Pre-historic Americans" were Asian immigrants.

      They just got here first.

    39. Re:But you miss the point! by Ndog · · Score: 1

      This is FUNNY! the letter sent to HardOCP is really, really amusing... it's written as if by a primary school child.

      In other words, it's written like a forum post instead of a letter from lawyers, except you can see more intelligent posts than that letter on almost any forum on the internet.

      --
      -N
    40. Re:But you miss the point! by Anonymous Coward · · Score: 0

      What are lawyers supposed to sound like?

      In my perfect world, it would be the same sound that any large object makes going through a wood chipper.

    41. Re:But you miss the point! by pla · · Score: 3, Informative

      Sorry, but on this point HardOCP are (potentially) in the wrong. They state he was not an employee, but his resume says otherwise.

      Actually, although I initially agreed with you, on re-reading the relevant section of HardOCP's article (HardOCP only changed the name of the company, as per point 5 on the nastygram, despite having originally quoted TR's resume accurately to get the "wrong" name), that simply does not hold true. HardOCP did not say TR did or did not work for, or direct, MedHire. The nastygram makes the claim that they did, but I would recommend you re-read the relevant section of the original article as well.

      Not a single "allegation" of anything, HardOCP does nothing more than relate an anecdote, of sorts. The wording does have a certain sarcastic sense of disbelief to it, but they don't ever say TR did or did not work there, just that two different people who did work there, both named Lo/au/ra Roberts (ie, his own mother), had no contact info for him (and one had never heard of him).

      Offhand, I'd say that point 8 counted as the only truly libellous one - And on that one, HardOCP agreed to change the wording to something less speculative (though more damning, I have no doubt intentionally). Additionally, I can see how an overly zealous lawyer could stretch point 12 into a copyright violation (though any even remotely fair court would dismiss it with prejudice a fair use)... But on that one, again, HardOCP agreed to back down slightly, and remove IL's logos from their site.


      I'll add one more point of interest to this... HardOCP does claim that "Mr. Roberts is the registered contact on the MEDHIRE, LLC. website", and they provide a screenshot of their whois query to prove it (as an aside, notice that the screenshot amusingly shows the domain name as "emedhire.com", the same name that appeared in TR's resume, and that point 5 in the nastygram demanded they change). So, this company, including TR's mother, has no way to contact TR, the registered administrative contact for their domain name?

    42. Re:But you miss the point! by GSloop · · Score: 1

      [i]
      I think it is absolutely idiotic that some people think that just because my great-great-great-great grandfather took some land from their great-great-great-great grandfather, that that somehow entitles them to some kind of special privileges now, in the present. I'm sorry, but we were both born here on North American soil, you're no more special than I am, we should all just live together and end this practice of dividing.
      [/i]

      So, if I manage to off your estate and keep you from taking action against me for say, a hundred years, there should be no recourse for your heirs?

      (It sure appears as though you believe that you've not gotten any ill gotten gains from the oppressive actions of europeans in the "new world." Perhaps I misunderstand you, but I don't think so.)

      Come on. I'm not sure how we should compensate those who we harmed, (I'm a US citizen, and yes, I think the corporate WE harmed the indians or native americans.) but to go to your step and claim that since it's all so very long ago, and since I didn't do it myself, you, the victim are just screwed really pisses me off.

      Blacks and Native Americans and Mexicans, for that matter, (and many others, I'm sure) have gotten a real raw screw from many here in the US. It boggles my mind that we consider these things "equal" or solved after little more than a hundred years after the civil war without any serious attempt at redressing our wrongs. (And the civil war was not even when the abuse stopped - but far after!)

      I and my ancestors have gotten a huge leg up financially from our abuse of others. I'll redily admit that. How to remedy it, I am completely unsure. But to claim that somehow you haven't benefited from that behavior is simply wrong.

      We think the Jews ought to get their belongings back from the Nazi era - right? Why are native americans and blacks any different? Why should forced labor during WW2 be any different than forced labor during slavery in the US?

      I think the real reason, is we're not interested in the incredibly huge cost(s) and don't want to look at the very poor record the "land of the free" actually has. Better to focus on someone else - those horrible Nazi thugs - which indeed they were, but a good look in the mirror is what we need. (I realize you're Canadian, and your record is better than ours, yet the treatment of Native peoples by Canada was still pretty horrible.)

      For shame.

      Cheers,
      Greg

    43. Re:But you miss the point! by Anonymous Coward · · Score: 0

      Wow, you wouldn't happen to be one of thoese "witty" "writers" for this "comic" series would you?

    44. Re:But you miss the point! by SethJohnson · · Score: 1


      Holy crap. Get serious and look at the real-world complaints of outsourcing jobs to India. Why did Dell pull its call centers back to the US for corporate customers?

      "Some U.S. customers have complained that the Indian technical-support representatives are difficult to communicate with because of thick accents and scripted responses."

      Yes, theoretically, Indians speak proper English. For many it is only their second or third language. But their cultural twist on English gives it some real quirks. Often this is in word choice and awkward sentence structure. For instance, I remember the installer for Oracle 8.0.3 including a phrase that had to have been crafted by an Indian-- it said something about "if blah..blah... then updation cannot occur." I really wondered how that got into a full-on release...
    45. Re:But you miss the point! by buck_wild · · Score: 1

      Either you're extremely low on the food chain, there's a lack of intelligence, or you just don't care.

      --
      If all you have is a hammer, everything looks like a nail.
    46. Re:But you miss the point! by Anonymous Coward · · Score: 0

      As a law student and daughter of a lawyer, I can vouch for the parent poster's statements.

  56. Beta by Omni+Magnus · · Score: 4, Interesting

    Did anybody else sign up for the beta test. I submitted for the test. They emailed me, told me they were having trouble and resubmit at their website. I had to write a fucking essay AGAIN. Worst, they never sent me the email that said that they have made the decisions for who got into beta, and didn't list the news on their site, like they said they were going to. These people have been full of shit from day one.

    1. Re:Beta by Mr.+Foofy · · Score: 4, Funny

      I'm gonna "beta test" a mug from their online store.

  57. While on HardOCP read: by Anonymous Coward · · Score: 0

    http://www.hardocp.com/news.html?news=OTU5NCxNYXJj aCAgICAsMjAwNA

  58. Innuendos by DigiShaman · · Score: 1

    As I've said before... "The innuendo you state, is the hyperbole you make"

    --
    Life is not for the lazy.
  59. More fluff on Cnn... by Mr.+Foofy · · Score: 4, Informative

    http://www.cnn.com/2003/TECH/08/27/hln.game.phanto m/ It's interesting that no matter what you see from these guys, it somehow appears there's just no substance to it, just like their fluffy website, that says they're a leader in the 10 billion dollar gaming industry, and all their online store sells is t-shirts, mugs, teddy bears, and frisbees sporting the Infinium logo, and the link for their stock quotes just features blank spaces where the quotes should be. Wonder who they managed to sucker VC dollars out of? If they don't see the train wreck coming, they deserve to lose their money.

  60. When the time comes... by XplosiveX · · Score: 0

    It should be interesting to see if HardOCP does comply and change their article or take it down completely in the days leading up to the deadline of Monday, March 8 that Infinium has set to carry out the lawsuit on HardOCP. Oh the drama!

  61. You are not very good by Shadrym · · Score: 1

    "Clearly this is not the case or you are not very good at finding publicly available information" This doesn't sound like lawyer speak to me, more like someone doing their best to try not to sound like they're being insulting, but they actually are, or trying to be.

  62. Dear mr el-Spectre by spoco2 · · Score: 1

    You state that 'A fourth grader wrote this with the help of Clippy. The innuendo is that the writer needs to use a little more variety, and fewer templates...' The innuendo is that you're making an innuendo about our use of the word innuendo within our letter. You need to stop that or else we'll get really angry with you. And moreso we shall imply with strong innuendo that you sir, are a smelly plop head.

    Signed

    Infinium lawers

  63. HardOCP's responce seems a little shaky... by blonde+rser · · Score: 1

    I don't have the time or the inclination to go through both the complaint letter and the original article with a fine tooth come and determine which complaints are valid and which are not. Saying that I did spend a few minutes looking over both and HardOCP's responce does seems to smear the truth a bit.

    In at least several of the cases where "Kyle Bennett" claims innuendo the reasonable reader probably does assume the "innuendo." For example when the article said that "Timothy Roberts, has helmed several businesses that have failed or have gone bankrupt in the last six years." It seems reasonable to me that he was at the helm when they bankrupted - even though this isn't true. It isn't completely obsurd to say that this is HardOCP's suggestion. At the same time is it really HardOCP's responsibility to clarify this? Doesn't seem like it to me.

    More disturbing however is that HardOCP says in its defence that "After hours of consideration, out of the 18 items noted we have found 5 that were in need of addressing as outlined below... As for the rest of Infinium Labs' demands, they seem to us to simply not be based in reality." But then he doesn't comment that they did correct the factual mistake pointed out in complaint 7: "You allege that Mr. Roberts' brother stepped down as CEO of Wanforce. You need to correct your statement to state that Mr. Roberts' brother is still the CEO of Wanforce - he never stepped down as CEO." They did in fact say this in the original article and they did correct this. So saying that he didn't address any other complaints is just not true.

    HardOCP says in its defence that "The odd thing to me about the above letter is that it continually refers to statements we never made and innuendos that are nonexistent in our article." If so why not quote a few places in the letter where this happens. That certainly would be entertaining to a fan of HardOCP. From what I read the complaints made by Infinium Labs don't seem to raise to the level of anything close to damning. But again at the same time saying that the complaints aren't based in reality... well that doesn't appear to be true either.

    1. Re:HardOCP's responce seems a little shaky... by Anonymous Coward · · Score: 0

      Hi Tim! Killed any dogs lately?

  64. Publicity? by DeadBugs · · Score: 2, Interesting

    You know if this whole lawsuit thing had not happened I would never have gave that article a second thought.

    I read Hardocp, I'm sure I must have seen the article and forgot about it. Now thanks to this threat of legal action I will avoid Infinium products. While before all this I would have been blissfully unaware.

    --
    http://www.kubuntu.org/
    1. Re:Publicity? by Mr.+Foofy · · Score: 1

      "Now thanks to this threat of legal action I will avoid Infinium products."

      Ummmm...you're gonna avoid vaporware? ;)

    2. Re:Publicity? by FurryFeet · · Score: 1

      In Soviet Russia, Infinium Products avoid you!

      Wait, they do that here too...

  65. James E. Aker by retro128 · · Score: 2, Informative

    Well, for those of you who want to view the profile/credentials of James E. Aker, the man who penned the letter, This appears to be it.

    I don't know how many civil trial lawyers named James E. Aker there are working out of Sarasota, FL, the same city Infiumium Labs is based, but my guess is that it's the same guy.

    --
    -R
  66. Want More Subscriptions? by the_mad_poster · · Score: 1, Offtopic

    GRAMMAR

    Yes, I'm offtopic. I'm also drunk. But, look... this is a suggestion for improvement on /., so here goes:

    This in itself, is no big deal, but to actually read the letter from Infinium Labs lawyers will make you wonder if an educated person actually penned the documents.

    Should be re-written as:

    This, in itself, is no big deal. However, actually reading the letter from Infinium Labs' aywers will make you wonder.....

    Mod up or down as you will. Yes, I really am wasted on Balmoral whiskey and Arrogant Bastard ale. Moderate as necessary.

    --
    Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
    1. Re:Want More Subscriptions? by nmoog · · Score: 1

      You must be drunk to thinks we caring about grammar on slashdot.

    2. Re:Want More Subscriptions? by the_mad_poster · · Score: 3, Funny

      The amusing part is that I pasted that statement with "aywers" directly from the article and STILL managed to misspell it... WTF?

      I'm not THAT drunk.... am I?

      --
      Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
  67. Now, seriously: by Anonymous Coward · · Score: 0

    Isn't this like the recent 15 million suit from that obscure pet shop owner against those who said he was lame?
    (of course, his suit proved them right)

    What now?

  68. Here's the e-mail I sent them by g33kgirl · · Score: 5, Interesting

    In case anyone is interested

    Dear Sir or Madam,

    I have been following with some interest your threats of legal action against HardOCP. I would like to think that you, both as individuals and as a company, are neither blind nor stupid. Surely you have noticed that a good portion of the online community agrees with HardOCP that your Phantom Gaming Console is vaporware - that it does not, and probably will not, exist.

    I have no interest in arguing the finer points of your threatened litigation - whether the things HardOCP states in its article are true or not is immaterial. What is relevant is that, for all your talk, you still have nothing to show us.

    According to Ferrago (http://www.ferrago.com/story/1018), the console should have been released November 2003. Now, according to the Phantom Gaming Console website (www.phantom.net) "on March 31st you will be able to build your high-octane Phantom Game System and for a limited time only purchase lifetime subscriptions." I am unclear as to exactly what this means - will the Phantom Game System be physically available for purchase, available for pre-ordering, or something else entirely? March 31 fast approaches. What will you have to give us? a product, or more promises? If the March 31 date does not refer to the Phantom Game System's release on the market, when will the system be available for purchase in stores?

    You want to prove HardOCP and all of your doubters wrong, correct? Perhaps you should dispense with the handwaving and threats of lawsuits, and have your sweet revenge by living up to your promises. Put out the Phantom Game System. Make it everything you've claimed it to be, and more. Render us all speechless with your mastery over the console gaming world. Make us all bow before you, handing you our money hand over fist. I guarantee you, if you actually produce and sell the Phantom Game System, and it is all that you've promised it to be, the online community with be humbled, and cries of "vaporware!" will vanish overnight.

    However, you must forgive me if I don't hold my breath.

    Sincerely....

    I'll let you know if they write back. *smirk*

    --
    You don't have to be the person you've become.
    1. Re:Here's the e-mail I sent them by Xii · · Score: 1

      Interesting but I get the feeling that no one at the company who should care will actually care. If you posted that in open view on a prominant site then you'd get sued because it would make their investers stop and think about whether they should burn more cash or not. It seems clear that this company is a front, a scam. The scammers will milk the investers for as long as possible and then the company will implode.

      just an oppinion...

      incoming lawsuit!
      *covers ass*

    2. Re:Here's the e-mail I sent them by mesach · · Score: 4, Funny

      Along with your e-mail you should have suggested various other names for the console...

      Apparition, Ghost, Poltergeist.

      All things that are barely seen, and when further investigated, widely believed to not really exist, although some believe whole heartedly that they do exist and will go to the ends of the earth to prove it. However most of the rest of us, know better and dismiss these people as crack pots.

      Disclaimer: I believe in Ghosts, Apparitions, Poltergeists, and Phantoms. BUT I DO NOT BELIEVE THAT INFINIUM LABS WILL EVER PRODUCE A CONSOLE WITHIN MY LIFETIME...

      PLEASE, OH PLEASE, Send me a C&D letter Infinium, I've got more laywers in my immediate family than you could ever possibly have on retainer, and some are even retired judges. I'm Begging you PLEASE!

      I am looking to be the first to file class action lawsuit for sheer stupidity, you might just qualify, lets talk. I'll have my people contact your people.

      --
      moo.
    3. Re:Here's the e-mail I sent them by RipCurl808 · · Score: 1

      If they were to promise a March 31 relase, dont you think that some "company" would be bragging about actually producing them? Surely "they" aren't making the consoles. And they've just announced that they will be at E3 in March. So in two weeks after E3, their gonna have 250,000 units up for sale? Doub it. The sky isn't falling and pigs surely dont fly.

    4. Re:Here's the e-mail I sent them by PS2+INFORMANT · · Score: 1

      Nicely worded email, however it is unlikely you will get a response anytime soon. As far as release dats go, they change rapidly. It was end of 2003 for awhile, then the preorders were going to be ready in January, then February the beta was going to start, now March. Let us not forget that Kevin Bachus says the hardware isn't even finalized and that it could change at anytime. (I wonder why they keep the logos of AMD and Nvidia up if their participation is undecided upon at this point.)

  69. One Question: (NDA safe) by ashitaka · · Score: 2, Interesting

    Do you or do you not have a beta phantom console (Gen I or Gen II) in your possession?

    Your NDA does not preclude you from stating that you have a unit, just doscussing any technical or operatinoal details in a public forum.

    --
    If you don't want to repeat the past, stop living in it.
    1. Re:One Question: (NDA safe) by Dr+Reducto · · Score: 1, Offtopic

      No, Bacchus knocked the test back. The Member Admins (A few more priveleges than moderator) of the forum have full Dev kits, us lowly beta testers don't.

    2. Re:One Question: (NDA safe) by Anonymous Coward · · Score: 0

      No, we don't have any chemical weapons, but all the other Republican Guard units do!

    3. Re:One Question: (NDA safe) by ashitaka · · Score: 2, Insightful

      Thank you.

      That was, unfortunately, the response I was expecting.

      You had best change your sig to reflect reality. Until you have a unit, are testing it and providing feedback to Infinum Labs you are not a beta tester.

      --
      If you don't want to repeat the past, stop living in it.
    4. Re:One Question: (NDA safe) by Anonymous Coward · · Score: 0

      doscussing

      Freudian slip, mr terrorist?

    5. Re:One Question: (NDA safe) by Anonymous Coward · · Score: 0

      Maybe,

      and maybe I'm a Chinese Jet Pilot.

    6. Re:One Question: (NDA safe) by WankersRevenge · · Score: 1

      Actually, his sig works perfectly. He's a phantom beta tester for a phantom unit. My real question, does the said person really exist?

    7. Re:One Question: (NDA safe) by Anonymous Coward · · Score: 0
    8. Re:One Question: (NDA safe) by Anonymous Coward · · Score: 0

      Yeah, and Chewbacca lives on Endor.

      Really, this whole Phantom thing just does not make sense.

    9. Re:One Question: (NDA safe) by ashitaka · · Score: 1

      Tired, very tired...

      I am just re-reading my posting from yesterday and I can't believe I wrote that badly. I'm usually a spelling Nazi and always preview.

      I will be SO damn glad when this frickin accounting system migration is done...

      --
      If you don't want to repeat the past, stop living in it.
  70. What's the problem? by Andy+Smith · · Score: 0, Flamebait

    I'm new to this story and I read through a lot of the comments in this thread before I went and read the letter from Infinium. Well it's as if some of the people posting in this thread have read a different letter!

    Unless HardOCP can prove that the contentious statements are in fact true, they are guilty of appalling journalism. They have mislead their readers, mainly by omission. Call me old-fashioned but as a reader and an occasional journalist myself, I believe journalism serves one purpose: To report the truth. You are a servant to your reader. Your reader is not someone whose trust you abuse to further your own agenda.

    If I were a HardOCP reader I would ask for point-by-point rebuttals of every complaint made in the letter from Infinium Labs. If it transpired that anything in the original article was either knowingly false or misleading by deliberate omission then I would consider the site a no-go area for trustworthy reporting.

    As it stands, to me as an outsider, Infinium is the victim here.

    1. Re:What's the problem? by Anonymous Coward · · Score: 1, Insightful

      People like you piss me off.

      It is always funny when people like you come in, view an ongoing problem without reading up on previous developments, and then make some grand statement about how everyone here is wrong.

      You obviously have no idea what you are talking about. You haven't been following this story whatsoever, and don't know anything about this "company", or the assmonkey who runs it. Information on this company and its shenanigans is everywhere. If you were even halfway interested in making an informed opinion you could have easily done so. But you haven't, which shows how much we should care about what you think.

      In summary, I suggest that you don't form such an idiotic opinion without reading up on the situation first.

    2. Re:What's the problem? by GrpA · · Score: 1

      As a former journalist, I know that journalism has never been about reporting the truth. Only someone who is either naive or egotistical could beleive otherwise. An article is an opinion of the author. Nothing more, nothing less. Professionalism in Journalism is how well a journalist maintains ethical standards and obligations while writing the piece. Truth is just a point of view, and like most points of view, depends on where you are standing at the time. Simply reciting the facts does not lend truth to the story. Nor necessarily does a lack of specifically accurate facts detract from the "Truth" it conveys. GrpA.

      --
      Enjoy science fiction? "Turing Evolved" - AI, Mecha, Androids and rail-gun battles. What more could you want?
    3. Re:What's the problem? by Andy+Smith · · Score: 1
      As a former journalist, I know that journalism has never been about reporting the truth.
      Then you are a former bad journalist.

      I disagree with practically every statement in your post. Journalism is about the truth. Any "buts" or exceptions are simply bad journalists excusing their own faults and corruptions. Find the truth, tell the truth, end of story.
  71. Shipping with games! by Anonymous Coward · · Score: 2, Funny

    I have it under good authority that this console is not vaporware. This friend of a buddy of mine who went to school with this dude actually saw the system running Duke Nukem Forever!

  72. Re:Is there an agenda somewhere here? by Loadmaster · · Score: 1

    Donny, you're out of your element.

  73. DANGER DANGER by Anonymous Coward · · Score: 0

    Someone knows what they are talking about on /. regarding a legal matter! DANGER DANGER!! Does not compute!!! DANGER DANGER Dangerrrrrr *sput*

  74. Infinium Labs: Stock Price and SEC Filings by Entropy+Unleashed · · Score: 3, Informative

    While not linked to on the actual Infinium Labs website, I was able to find the stock price($7.50) and SEC Filings on Yahoo! Finance. It makes for mildly amusing reading, especially the charts that show a 15,000% gain over the last year.

    --

    "I would give my right hand to be ambidextrous."
    1. Re:Infinium Labs: Stock Price and SEC Filings by kfg · · Score: 1

      . . .15,000% gain over the last year.

      Holy Bejeezus! I want in on that sort of action.

      Maw? We gotta go get us second mortgage on the trailer plot.

      KFG

    2. Re:Infinium Labs: Stock Price and SEC Filings by rtos · · Score: 1
      Speaking of Infinium Labs' SEC filings, check out the 8-K from January 20, 2004:
      20-Jan-04 8-K
      Changes in Control of Registrant, Acquisition or Disposition of Ass
      Heh. "Disposition of Ass" indeed. ;)

      By the way, here's some other interesting tidbits from the "disposition of ass" filing:

      "Our first Phantom system prototype was completed in March 2003. We have received thousands of requests from people seeking to be beta testers of our system. We plan to roll-out our system to over 100 beta testers during the first quarter of 2004. The ultimate launch date for our system will depend on the results of our beta testing and other factors."

      [...snip...]

      "If we are not be able to Obtain Desirable Game Content our System will not be Attractive to Consumers"

      "We must obtain access to desirable games for our system to make our game console and network attractive to consumers. We may not be able to obtain adequate desirable games for our system due to a number of factors such as existing relationships or contracts between game developers and the dominant video game manufacturers, our limited operating history and installed base, and our limited financial resources. There are some desirable games which are available only on proprietary platforms and to which we will never have access. Even if we are able to obtain desirable game titles, we may not be able to gain access to them when they are first released. If our competitors have access to the most desirable games before we obtain such access, it will be more difficult for us to sell our system to consumers."

      The SEC requires that you list anything that could go wrong and affect stock price so that your shareholders are well-informed. Usually that leads to scary doom-and-gloom blurbs that have near-zero change of happening, but it certainly makes for some interesting reading.
      --
      -- null
  75. Ambulance Chaser? by Saeed+al-Sahaf · · Score: 2, Funny

    Interestingly, he specializes in personal injury and employment law. From his bio: "Jim's experience covers a broad spectrum in litigation. He litigates personal injury actions...". Does this make him an ambulance chaser, or just a bit inexperienced to deal with IP / News Media / Libel issues?

    --
    "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
  76. This is hilarious by M3wThr33 · · Score: 2, Funny

    They're threatening lawsuits over "innuendos." My god, Hard|OCP can't tell the truth? The guy worked for Worldcom. Hard|OCP isn't required to give alternate statements for every possible statement that can be misconstrued. EVERYONE is skeptical about this.

    Heck, Penny Arcade made a joke about this lawsuit. Guess what? Timothy responded saying they asked him first and that it's a rite-of-passage. PA NEVER CONTACTED HIM. THAT WAS A LIE.

    The fact is, all we've seen so far of the console is a case, some numbers and some names.

    But the article was a good read. Best line:
    "By the way, you later told Kevin Bachus of Infinium that you declined any follow ups because - you believed that you were being invited to visit Florida only so Mr. Roberts could physically attack you."

  77. Favourite quotes by Guspaz · · Score: 2, Funny

    For those who don't want to read the full 5 pages, here are two favourite quotes that I've typed from the images:

    "By the way, you later told Kevin Bachus of Infinium that you declined any follow ups because - you believed that you were being invited to Florida only so Mr. Roberts could physically attack you."

    "In short your "volunteer" appears to have locked authority."

    And yes, that really does read "locked authority".

  78. Interesting... by Blic · · Score: 2, Interesting

    While I'll admit on the surface Infinium looks like BS (and probably is) and that letter from their lawyers is laughable, I can't say I'm impressed with HardOCP's efforts with the initial article or their follow-up.

    Maybe it's forthcoming, but I'd like to see them address the points one-by-one, because while many of them are silly they do refer to their article. I know this is Slashdot, but I actually read it... =)

    And one big point that's not very clear - is HardOCP saying that they *weren't* invited to come visit the labs? Because if they were I'd expect them to follow up on that, or give a reason why they declined.

  79. An open letter to Infinium labs by MrLint · · Score: 1

    I am taking exception to their allegation #4. I have done a more than cursory glance at their website and i dont see anything that looks like a photograph to me. Every picture of the console looks like a 3D rendering to me.

    I even sat thru the vacuous low quality '500k' video and say nothing that resembled an actual photograph. Whatever IL is carrying on about there seems to be no actual pictures. HardOCP not asking for them is irrelevant. Consumers examine the content on the site not in a press packet. also when I looked at the site when the first letter was sent, i also saw no pictures that i would identify as photos.

    On 2 other notes, i noticed in the one mockup in the /href=
    "http://www.infiniumlabs.com/phantom_produ ct_sheet .pdf" product specs i noticed the ethernet right above the AC power input. That really doesn't give me warm fuzzies. Not to mention tha microsecond glimpse you get of the rotating console in the WMV advertising blitz video shows a different port output. (not that this is really surprising for beta HW)

    The video blurb goes on to say that it has the most games of any console. I'll believe it when i see it. Also as a console "designed by gamers for gamers" one of the selling points is 'pay for play'. I cant say i know any gamers that want that.

    The whole thing give me the 'real player' feeling. Not actual innovation going on.. just a venue to try and sell content.

  80. Re:Is there an agenda somewhere here? by Anonymous Coward · · Score: 0

    Thanks Mr. Roberts. Your comments are always welcome. Say hello to Darl for us, won't you?

  81. Why they declined: by M3wThr33 · · Score: 1

    "By the way, you later told Kevin Bachus of Infinium that you declined any follow ups because - you believed that you were being invited to visit Florida only so Mr. Roberts could physically attack you."

    1. Re:Why they declined: by Blic · · Score: 1

      Yeah, I noticed that, but it sounded patently ridiculous, and the fact that it was stated by Infinium and not HardOCP makes it suspect. We see how they outright lied regarding the PA strip...

      If HardOCP actually thinks they're in physical danger they're smoking crack, or their reporter is fond of tinfoil hats, hehe, but I'd be interested in why they think that in any case. If Infinium is lying again they should point it out...

    2. Re:Why they declined: by the_greywolf · · Score: 1

      regarding the PA strip - i missed the train and didn't see the earlier strip (or can't find it) and never saw IL's reply to either. do you have links? it'd save me a great deal of time.

      --
      grey wolf
      LET FORTRAN DIE!
    3. Re:Why they declined: by btm · · Score: 2, Informative
  82. All your base are belong to us. by borg1238 · · Score: 5, Funny

    13. "...Your article has obviously damaged Roberts and Infinum in the millions of dollars."

    I know I hate it when someone damages me in my millions of dollars.

    1. Re:All your base are belong to us. by Anonymous Coward · · Score: 1, Funny

      Watch it, you might get sued for "innuendo."

  83. How to be funny by dj245 · · Score: 0, Offtopic
    In my short time on /., I have learned many things in the pursuit of the ever-elusive +5, funny.

    1. Keep it on-topic. Obviously, this is the most important thing to remember.

    2. Post early. Most moderating is done when there are less than 100 posts on a story. This is extremely important. There may be hundreds of posts on a topic, so naturally it is the most important thing to remember of all.

    3. Use something familiar. Everyone has apparently seen Monty Python, but nobody seems to have the exact specifics of the very funny Iraq Information minister nailed down. example:

    There is no open source licence. These GPL boffins would have you believe that in America they give away software for free. But it is all lies! I triple gauruntee that there is no free nasa software, allah be praised. The United States has said that they are approaching the free software front cautiously, but when they besige us, we will surround them it will be them who will be beseiged, allah willing. We will sell them our proprietary space software for only 299 dinar and a shoe.

    This site has loads of quotes from the Information Minister which says that that post ought to be funny, but it is only a +2, funny. Oh well. The weighing of the duck scene seems to be popular as well, directly quoted with no imaginitive inserts. So much for creativity. You must be creative or you won't stand out. Creativity therefore is the most important rule to remember in posting to /.

    4. Browse at a very low threshold for a little while (a LITTLE while, prolonged low threshold has been shown to drive moderators insane, hence the moderating system) to see what doesn't work, what gets modded troll, how offtopic you have to be to get modded offtopic, etc. Knowing where the boundaries are will make you a better poster. There can be no doubt that this is the most important thing of all.

    5. By all means, take a good idea and run with it. But don't go too far. Examples:

    All your somethings belong to us
    1. something 2. ??? 3. Profit!!!
    In Soviet Russia the Somethings verb you!

    These have to be really funny or they don't make it. Having a set plan is good, but knowing when too much of a good thing is really too much is of the utmost importance.

    --
    Even those who arrange and design shrubberies are under considerable economic stress at this period in history.
  84. Register Your Phantom by Form Mail! by fredtheshingle · · Score: 1

    A quick look around the disgusting Infinium Labs site reveals an even more repulsive "Phantom Reservation" form... it was so disgusting, it left me wondering... how is this thing submitted?

    Preorder Now!

    It's been many years since I've seen a form submitted through a mailto: trick!

  85. I've always wondered.... by Hamster+Lover · · Score: 1

    "The Phantom Console"....Freudian slip?

  86. Tom Arnold plug for Roberts on TV by Anonymous Coward · · Score: 0

    Remember when Tom Arnold gave the Roberts brothers a plug on Leno (or was it Letterman)? He was a major investor in one of the companies.

  87. One Upping Mac? by crackshoe · · Score: 1

    As far as I can tell, the Phantom outdoes Apple - not only do they not give you a floppy drive, they don't give you any option for inserting physical media aside from swapping the 'storage device' (I guess. I mean, it claims to be upgradeable). So it seems that they're offering An intel box (up to 3.0 gHz) intel processor (or at least an intel motherboard), with a 100 gig internal drive, a keyboard, mouse, wireless controllers, news, chats, parental controls, and pay per play. so its pretty much a crippled PC? in a shiny, software rendered box? but it has wireless and always on broadband! i didn't have broadband before. dude - buying this thing'll give you broadband! // end drunken ramble

    --
    Don't worry - its just stigmata. Pass me a napkin and don't you dare tell my mother.
  88. How? by AvengerXP · · Score: 1

    How can they threaten anyone, they're not even a real company.

    --
    Trolls dont like to be Flamebait, because they burn so well. Protect our Troll heritage!
  89. Just keep telling yourself that. by Ayanami+Rei · · Score: 1

    And I'm albino.

    --
    THIS THING CAN TURN ON A DIME, MACROSSZERO STYLE ALSO FUCK BETA, ~NYORON
  90. Infinium Labs and Google by Anonymous Coward · · Score: 0

    Infinium Labs may not like when someone make a search for Infinium Labs on google, they find this article about Infinium Labs.
    So let's help Infinium Labs and don't make links for that article using their name on our blogs or high ranked sites like slashdot, so it don't get a high page rank. Specially not in pages with Infinium Labs on the name, like infinium-labs.html

  91. SCO and IL Join Forces to Sue the Internet... by tbond_trader · · Score: 1

    Please be advised that these asshats will be suing everyone and everything connected to the internet.

  92. Something to always remember. by Anonymous Coward · · Score: 0

    If you see two differing opinions being expressed on slashdot, it is altogether possible that the two differing opinions are being expressed by two different people.

  93. What's the bet? by /dev/trash · · Score: 1

    Who says that once IL does go down, they blame it all on HardOCP?

  94. Lawyers are the ultimate luddites by Sycraft-fu · · Score: 1

    It is amazing the absolutly antiquated systems you can find in an average law office, espically given the amount of money they make. They like what they like and see no reason to change. Well Office wasn't always the big dog of office suites. So, for people who hate change, WordPerfect is often the choice.

    1. Re:Lawyers are the ultimate luddites by Ath · · Score: 1

      WordPerfect has specific functions directed at legal pleadings etc. Even though you can duplicate many of them in Word, it is not so simple.

      It has little to do with law firms using old technology because they are cheap or too lazy to change.

      For most of us who know both Word and WordPerfect, you would be hard pressed to convince someone that Word is an actual better word processor on the merits. It often decides how to format stuff and you have no way of "unformatting" it.

  95. Yeah, that sounds like... by MachDelta · · Score: 1

    "Honest officer, I wasn't driving the vehicle when it crashed!"

  96. Re:EDWARDS WINS RHODE ISLAND, Squishy Liberals Tea by Anonymous Coward · · Score: 0

    I realize the parent was an off-topic troll, but it was still darn interesting.

  97. Re:News for lawyers? Nope! Nerdish expectations by SgtSnorkel · · Score: 4, Insightful


    Nope! I don't think any of your assumptions are true. All us nerdfolk are accustomed to following rules and thinking logically. We love to solve problems!

    Hey, lawyers are smart, they study for years to practice law. They must follow rules and logic too! Trials are just an expression of a problem, right? When we parse legal problems, the solution seems obvious. We can't understand why the other people don't see what seems obvious to us.

    Our expectations are that the law, and the legal profession, should follow rules and be logical. The problem is that legal rules are convoluted and dense: they include not just what makes sense to us, but also case law and previous judicial decisions that we've never been exposed to.

    There's a fair amount of marketing and spin that goes into making legal arguments. Often, the win goes to the side with the clever argument, rather than the side with the logic. Questionable decisions get turned into hard rules and affect future decisions. (Not to mention all the greedy bastards who try to "play" the system.)

    That's why we pick apart this stuff, have disdain for the system, and dislike lawyers -- they're not logical from our perspective.

  98. As a game developer for 14 years... by Anonymous Coward · · Score: 4, Interesting

    ...with a lot of contacts throughout the industry (the exodus from two imploded companies that had a lot more industry experience), I can say that these /. stories are the only reason I have heard anything about Infinium since their comical launch way back when. Haven't seen them at GDC, haven't seen them at E3: if they have a presence at the shows, it's a very small one.

    I know no developer working on an Infinum title: unless their box emulates something else, or plays PC games or something (which cannot possibly be the case if the thing has a TV for a head), or they are porting or creating titles themselves, then they Have. No. Developers.

    No one I know anywhere in the industry even has any awareness of Infinium.

  99. according to google: by pantherace · · Score: 1

    The campaign against SCO still holds the #1 spot on litigious bastards of course google removed the actual sco site from the top, but the 1st one still says SCO!

  100. Robrady Design DOES have a prototype by cy_a253 · · Score: 1
    http://www.robrady.com/infl.html

    There's not much, but still the console exists in real hardware and plastic.

    1. Re:Robrady Design DOES have a prototype by Anonymous Coward · · Score: 0

      But don't you see? That is just the web designer's portfolio entry for having developed the Infinium Lab's website!! There is nothing there that is any more real than this whole Infinium Labs scam!

    2. Re:Robrady Design DOES have a prototype by the_greywolf · · Score: 1

      ewww

      page breaks in Firefox. or is it just me?

      --
      grey wolf
      LET FORTRAN DIE!
    3. Re:Robrady Design DOES have a prototype by cy_a253 · · Score: 1
      But these photos show a REAL prototype, made out of REAL hardware and REAL plastic!

      http://www.robrady.com/images/infl/new/infl-proto1 -lg.jpg

      http://www.robrady.com/images/infl/new/infl-proto2 -lg.jpg

    4. Re:Robrady Design DOES have a prototype by aderusha · · Score: 2, Insightful

      true - they show a molded plastic case with some parts in it.

      what this means:

      a) infinium doesn't have any sort of in house design staff to create the shell design
      b) infinium has no manufacturing capabilities at all, and has to shop out even one-off small scale model shop type plastic molds

      what this doesn't mean:

      a) that the plstic model has any basis in reality
      b) that the electonic bits inside actually _do_ anything.

  101. Written By A Terrible Lawyer by SPYvSPY · · Score: 1

    Nerds might not be lawyers, but lawyers can be nerds. As a nerd in lawyering (IAAL), I find this letter amusing. I doubt it was written by an actual lawyer on behalf of the firm. Any self-respecting lawyer would identify himself as such on the signature line. Work product from a serious law firm is not spruced up with ALL CAPS and bold text unless it is total amateur night.

    Of course, I work out of New Yor, but even Cali lawyers usually generate professionally acceptable output. The reference to the MoFo lawyer in the opening line is strange, too. Lawyers rarely team up between firms unless they are being forced to do so. I know a letter from me on behalf of my client is going to avoid speaking on behalf of another law firm except in some really rare instances!

    Anyway, it looks like someone's playing lawyer to scare HardOCP. If not, there's a legal malpractice claim on the horizon. ; ) (I told you -- IAAL).

  102. Question by Anonymous Coward · · Score: 3, Funny

    http://www.cafeshops.com/ilabs.5978112 Who the fuck would buy this?

    1. Re:Question by eoyount · · Score: 1

      It's tempting to buy something, although not the underwear, just to have a keepsake of what is sure to be one of the biggest, most spectacular implosions the net has ever seen.

      --
      To understand recursion,
      you must first understand recursion.
    2. Re:Question by dasmegabyte · · Score: 1

      Cross dressing lawyers?

      --
      Hey freaks: now you're ju
  103. Hurray corporations! by Anonymous Coward · · Score: 0

    I for one am glad that a poor, abused corporate interest is finally standing up for itself and taking legal action against infindels like Kyle at HardOCP. If there's one thing that capitalism has proven, it is that big business makes the best decisions for all parties involved. Follw the money. We'll be a better society for it. Do you really think government would function without big corporations helping out?

    I think we should take it to the next step. I think the CEOs of the Fortune 500 companies ought to be the only ones allowed to nominate and vote for candidates for public office. I mean, it's not as if the general public enjoys having to go out in crappy weather and vote. Leave it to professionals.

  104. Law firms haved moved away from WP by ashitaka · · Score: 1

    Latest technology survey from Law Office Computing had 80% of responding firms using Word.

    Reasons:
    WP has not kept up with the times. No major new relevant features. Maybe the upcoming verison 12 will change that.

    WP released several hopelessly buggy versions.

    WP does not play well with current versions of the Document Management Systems (Interwoven, Docs) that are used by major law firms. Most legal-specific add-ons and document creation packages are targeted to Word first.

    Legal document creation is a much more cooperative undertaking with clients especially large corporate clients who all use Word. Firms have discovered that converting back and forth is a nightmare so they go with Word to keep the process smooth.

    --
    If you don't want to repeat the past, stop living in it.
  105. Ruse! by TheWordOfB · · Score: 0

    Obviously Infinium Labs is a group of 12 year olds working out of their clubhouse modding an old 8bit nintendo with their ultra leet skill to do thy bidding!

  106. Human law-The Hulk within. by Anonymous Coward · · Score: 0

    "There's a fair amount of marketing and spin that goes into making legal arguments. Often, the win goes to the side with the clever argument, rather than the side with the logic. Questionable decisions get turned into hard rules and affect future decisions. (Not to mention all the greedy bastards who try to "play" the system.)"

    Laws are complicated because everyone is a "greedy bastard". Look at how simple "Thou shall not kill" is and look at the human version. A twisted thing because some people really do want to kill (for whatever reason, or however a degree) without consequences. Look at "Thou shall not steal" as an even better example for many want to steal, for except in it's most blatent form, it appears to be without consequence. We as humans really have little room for disdain of our laws for all were human forged to contain the beast within, while a perfectly acceptable choice was present almost from the beginning. We made our bed, now were going to lie in it.

  107. A visit to Infinum Labs web site by Sparky77 · · Score: 1

    A quick visit to the web site shows a page that lets you preorder the phantom console.

    Some funny excerpts:

    We will be releasing our units to the public early in 2004.

    Oh really? I'm not going to bet on it.

    It will be action packed and appeal to all audiences and will be the best service for gaming available on the market.

    Now those are some pretty audacious claims! This run on sentence brought to you by Billy.

    --
    One bad monkey spoils the whole barrel.
  108. Infinium ought to censor themselves by Anonymous Coward · · Score: 0

    This company is pure comedy gold. Nothing could make them look any stupider than their own websites, and that goes double for Timmy's old site. All you have to do is look past the flashy flash (designed by a group with real talent, wish I could remember their URL, not Infinium Labs) and read their press releases and such. Their own press releases make them sound like an amateurish cross between a boiler-room operation and a PHB's wet dream. One could write an essay on all the hilarity and irony jam-packed into every crevice of Infinium's web presence.

  109. Double standard?-Speech IOU. by Anonymous Coward · · Score: 0

    "Free speech does not mean speech without accountability.
    "

    Are you sure, you poopey-head?

  110. Phantom Console =best console name evar by TRINITE · · Score: 2, Funny

    I just can't get over how appropriate the name is. Now they may have a "phantom lawsuit" one their hands, too! Following further in SCO's buisiness model, should they say that HardOCP is being supported by IBM?

  111. Who are you trying to impress? by XaProf · · Score: 2, Insightful

    How about the parol evidence rule? Are non-lawyers familiar with this *vital* aspect of all contract law?

    That people don't know it is one good reason why in some jurisdictions it's becoming more often "deprecated" (to use a geek turn of phrase). UCC 2-202's formulation includes course of dealing, course of performance, and trade usage in order to explain the terms of the contract; that covers a lot of ground the old rule kept out. Lots of places allow "tacking" of non-contradictory additional terms, either in other writings or referred to in other writings.

    Hell, most non-lawyers don't even know the difference between slander and libel,

    Whoo...I'm shaking. It's not like they have to pay 150 grand and three years to learn. They can pick this shit up from Black's. I'll teach 'em now:
    Slander = spoken defamation
    Libel = written defamation
    Damn, that was hard. What's "defamation," you say? That's another story...

    Law, as a subject, isn't that hard. Chief Justice John Marshall only studied it for six weeks, and he was a fabulous judge. "Being a lawyer" is about a way of thinking and approaching problems, not waving your dick around screaming terms from your real property text.

    Oh yeah, who am I? Future lawyer, University of Michigan, class of 2005.

    1. Re:Who are you trying to impress? by ThresholdRPG · · Score: 1

      Who said it was hard?

      If you hope to graduate, you might want to work on reading comprehension.

      I never said it was hard. I said that the law is written to be deliberately confusing so people without legal training cannot understand it well. If you are unable to acknowledge that fact, then you are a disgrace to an otherwise high quality law school.

      Instead of popping a boner at the opportunity to be contrary, try READING what you are replying to.

      Nothing you wrote actually contradicts anything I posted, despite your clear intention for it to do so.

      --

      -Michael
      Threshold RPG
    2. Re:Who are you trying to impress? by Anonymous Coward · · Score: 0

      Um Dumbass he didn't say you said it was hard. He said it wasn't difficult. What he was saying is that you are a pretentious prick.

      I have to agree.

      On the issue of the law being deliberately confusing, it is not. There is a certain amount of jargon used however, laws are written to be percise and nothing more. If you cannot understand law that is fine but just because you cannot understand something doesn't mean others cannot. As mentioned before Chief Justice John Marshall only studied it for six weeks.

    3. Re:Who are you trying to impress? by ThresholdRPG · · Score: 0, Offtopic

      > He said it wasn't difficult.

      Wrong. Learn to read, coward.

      He specifically said:

      > Law, as a subject, isn't that hard.

      That was not the point whatsoever. He missed it in his law student fervor to be contrary.

      > On the issue of the law being deliberately
      > confusing, it is not.

      Then you are utterly clueless about the law. Lawyers draft the law to be deliberately confusing because it ensures that they are needed.

      > There is a certain amount of jargon used
      > however, laws are written to be percise and
      > nothing more.

      Hahahahaha Oh my, that's a whopper.

      > If you cannot understand law that is fine but
      > just because you cannot understand something
      > doesn't mean others cannot.

      You enjoy arguing against straw men apparently.

      I understand the law just fine. Most people do not, however, because the law is deliberately written to be confusing to average, everyday folks.

      That is why morons like yourself come here and blather foolishly in perfect demonstrance of your idiocy on the matter.

      > As mentioned before Chief Justice John Marshall
      > only studied it for six weeks.

      Yipdee doo. Einstein flunked algebra. Does that mean quantum physics is easy too?

      Get a clue, coward.

      --

      -Michael
      Threshold RPG
    4. Re:Who are you trying to impress? by Anonymous Coward · · Score: 1, Interesting

      Lawyers draft the law to be deliberately confusing because it ensures that they are needed.

      If this is the sole reason of making things overly complicated it's also a definite sign that the system is very broken in this respect.

      On a second thought, it doesn't seem unlikely at all.. Maybe we could join our forces and lead the revolution?

    5. Re:Who are you trying to impress? by XaProf · · Score: 1

      If you hope to graduate, you might want to work on reading comprehension.

      Ok, a snark, I can deal with that. But check this out -- you were making two points in your original post. I was replying to the first. Here they are:
      1. That non-lawyers' lack of knowledge of substantive areas of the law renders them unable to engage in any fulfilling discussion about the law.
      2. That legal documents are drafted in a deliberately obfuscatory manner in order to assure future business for the legal community.

      The second point I readily concede -- everybody knows that if you're the only lawyer in town you'll starve to death.

      As regards my post, it was not a contradiction but a clarification. And if you don't understand the difference between that, I have sad words to say for whatever state bar admitted you.

    6. Re:Who are you trying to impress? by Anonymous Coward · · Score: 0

      You repeatedly state that the "law is deliberately drafted to be confusing to non-lawyers" yet you provide no evidence of it. In my Legal Writing class we lose points on our papers for not writing in clear, non-legalese English. Lawyers at the firm I work at will trash drafts you give them if they are not written so that a layperson could read them. Though the lawyers of old love their prose, the modern lawyer fights against exactly what you claim to be the norm. Please provide proof of the contrary.

  112. Can we get some photos? by r3001 · · Score: 2, Interesting

    Can we get some photo's of Infium Lab's "Actual" headquarters. I mean they told us where their "offices" are. They gave us an adress. Can we get someone from slashdot down there to take some photo's of this set of "offices"? *Note to Infium Labs" I am making no such innuedo that infium labs does not have a headquarters but I DO refuse to correct this post. Please do not sue me.

  113. Shooting themselves in the foot? by Skilf · · Score: 2, Interesting

    Does anybody else think they are shooting themselves in the foot?
    I mean, if they had left the article alone, it would have gotten limited coverage and would have been forgotten by most by now. Instead, with these threats, they 1) bring attention back to the article, and 2) make a larger audience aware of the article (I hadn't seen the article until 2 weeks ago - I'm not a hardocp regular sorry)

    Also when they say in their letter "This is not what Laura Roberts told you. Laura Roberts told you [blah blah]" I think they really wanted to say "These are not the droids you are looking for" ;)

    Cheers,
    Skilf

  114. The real reason... by Anonymous Coward · · Score: 0

    Phantom? Waiting on the Half Life 2 port.

    1. Re:The real reason... by kb · · Score: 1

      Well then, someone send over a dev kit, I've got the source code lying around somewhere, bring it on!

      (To Valve: That was a lie. I don't. Spend your money finishing that darn game instead of wasting your money suing me. Thanks.)

  115. So... by Vampyre_Dark · · Score: 1

    Based on those legal letters that must have been written while drunk, one can assume that Timothy Roberts likes to start up phoney businesses, milk it and then investors for as much money as he can possibly get. Then get the hell out of dodge before they go under? He's probably going to drive his nice new phantommobile into his driveway, and wave to his neighbors Darl McBride, Mel Gibson, Bill Gates and George Lucas. I hear on friday they are having a Darl Shot First, The passion of the Tux, Phantom Strikes Back, America bluescreened party. uh oh.. that sounds bad... SLANDER!?

  116. Presumably we can look forward to... by Channard · · Score: 1

    .. John Romero joining the project. Then we know it's suspect.

  117. Actual Hardware! by Sir_Dill · · Score: 2, Informative

    I was just poking around the infinium labs site and ended up over at robrady designs. Lo and behold I found this! http://www.robrady.com/infl.html It looks like actual hardware......not a computer rendering. I think there may be some crow to be eaten in the future.....at least in small quantities :-)

    1. Re:Actual Hardware! by Anonymous Coward · · Score: 0

      well, its at least something i suppose. good to see some of that venture capital money was spent on something that needed someone to make it.. rather than just talk bullshit.
      that said, its not very difficult or expensive to get off the shelf p.c components and slap together a prototype case design. just ask microsoft or any case modder.

    2. Re:Actual Hardware! by buckeyeguy · · Score: 1
      Just looks, to my untrained eye, like some guy doing a case mod... and that's only in one set of photos. The rest is still all 3D renderings.

      But hey! If we can get fat venture cap for a few case mods, well then let me at 'em.

      --
      I'd have a personalized plate on my car, but "toxic bachelor" won't fit into 7 letters.
  118. Innuendo? by Big+Nothing · · Score: 2, Interesting

    You state that you haven't seen me. The innuendo is that I do not exist.

    Gaaah!

    --
    SIG: TAKE OFF EVERY 'CAPTAIN'!!
  119. How about... by nametaken · · Score: 1

    ~"You further allege that we 'blow'. Please change this to the more accurate statement: 'IL blows for food stamps'"

  120. Re:News for lawyers? Nope! Nerdish expectations by Dusabre · · Score: 1

    Often, the win goes to the side with the clever argument, rather than the side with the logic.

    Actually, what you may think is an example of rhetoric winning over logic in many cases will be an example of hidden logical arguments of law of which you have no knowledge because they belong to the arcana of law, winning over what was stated by the lawyers. A trial is not about what A (counsel 1) says vs what B (counsel 2) says but what C (jury or judge) thinks about the case in light of A, B, D (previous judges), E (legal commentators) and F (others) say.

    BTW a clever argument is, IMHO, a logical one.

  121. Reply from Infinium by Anonymous Coward · · Score: 1, Funny

    Dear g33kgirl,

    In reference to the e-mail you sent to Infinium regarding their Phantom Gaming system. You made several statements which were either untrue or make inaccurate innuendos.

    You said: "I have been following with some interest your threats of legal action against HardOCP." This implies that you have been reading articles on the internet. My client requests that you stop doing that as it may lead to self-education.

    You said: "Surely you have noticed that a good portion of the online community agrees with HardOCP that your Phantom Gaming Console is vaporware - that it does not, and probably will not, exist." This leads to innuendo suggesting that vaporware is the equivalent of a non-existent system. This is untrue. Additionally, the fact that you have somehow found out that the latest technology behind our Phantom system is called VaporWare (TM), puts you in violation of the DMCA. We ask that you cease and desist from sending us any more correspondence, or else...

    You said: "the console should have been released November 2003. Now, according to the Phantom Gaming Console website (www.phantom.net) "on March 31st you will be able to build your high-octane Phantom Game System and for a limited time only purchase lifetime subscriptions." If Microsoft can get away with slipping product release dates, then so can we. In the fast paced world being a leading-edge gaming console development firm, product release dates, feature freezes, paradigm shifts and fluctuation in the bahvior of the great conveyor, can all happen at any moment. You imply that a shifting release date is akin to a product not coming out when promised. You need to change this to reflect the truth that sometimes stuff like this just happens.

    You said: "However, you must forgive me if I don't hold my breath." The innuendo here is that if you were to hold your breath, we would be guilty of murder because we promised but did not deliver. As noted above, slipping release dates are good enough for Microsoft, so they are good enough for us. After all, with all the slipped release dates that Micorosft has had, if people out there had held their breaths. Microsoft wouldn't be on trial for anti-trust. They would be on trial for murder. Show a little backbone.

    Oh yeah... you're a big, umm... mr. poopy head doodoo pants who is stupid and has poopy in your pants!! So there! Yeeeeeeeeaaaaaaaaaahhhhh!!!!!

  122. Facts vs. Opinion by Zenmonkeycat · · Score: 1

    If I happened to say that, when released, the Phantom will have an old Pentium motherboard, 8 megs of RAM and come with a lifetime subscription to the "Non-Alcoholic Sake of the Month" club, I would be stating things that were clearly untrue. Were I to say that, in my opinion, the Phantom will suck huge amounts of ass, and will also attempt to blow said ass, I would be stating an opinion. And opinions cannot be proven right or wrong. If Infinium wants to correct bogus facts, that's just fine (as long as the corrections are more accurate.) But telling someone to retract their opinions is a sure sign of being nothing more than an asshole.

    --

    *****
    Dear Mary,
    I yearn for you tragically,
    A.T. Tappman, Chaplain, U.S. Army.

  123. I lIked this one by Angry+Prick · · Score: 1, Interesting

    Infinium Labs went after tech site Sudhian yesterday. Sudhian has an editorial posted that does not paint the Phantom console in a very good light and it seems as though Infinium Labs took issue with that by asking that their trademark logos be removed. Sudhian followed Infinium's wishes, replacing the images with a bit of poetry.

    Roses are Red
    Violets are Blue
    Refusing to allow anyone to publish pictures of your product
    Implies that it sucks.

  124. Lawyers are wise to avoid Word by geoswan · · Score: 1
    Microsoft Word has a very nasty bug, existing in all version for the last 20 odd years. The standard way of saving a file in Word does not truly erase all the text you have erased. If you look through the RISKS archives you can see lots of instances.

    Perhaps MS will not remove this dangerous feature because it allows you to undo changes, even if you have saved the file, and come back and open it later?

    But it seems like a pretty bad feature to me. Perhaps lawyers agree?

    Two years ago or so there was a story here on slashdot about Microsoft's answer to those ads Apple had were they presented actual users, including that girl, Ellen Fliess, that everyone thought sounded like a pot-head.

    Microsoft responded with an ad that featured a picture of a pretty girl, who wrote some trash about just moving from an Apple environment to Microsoft, and being pleasantly surprised by how easy it was to use. A wily slashdot reader had recognized that the picture of the pretty girl was taken from a commercial catalogue of images one could liscense. It wasn't a candid photo of an actual user. And the text of her Microsoft testimonial had very foolishly actually been written with Microsoft software. The proof, IIRC, was that the hidden info in the file revealed the anonymous author to be an advertizing executive at the ad firm Microsoft had hired to run that campaign.

    So, how does this bug hit people? Somebody has to write an official letter to someone they dislike. To make the process more pleasant throughout the letter they address their nemesis as "asshole" or reasonable equivalent. When they are finished with their revisions they do a global change of "asshole" to "Mr Client". Then they save it.

    If they transmit it to another naive Word user -- no problem.

    But if they transmit it to someone who doesn't use Word there is a very good chance that their disrespect will become apparent. Perhaps lawyers feel it is a professional requirement to be aware of these kinds of gaffes.

    Wordperfect lacks this "feature".

    Worth noting, Microsoft keeps "improving" its native file format, so you can't always open new .doc files with older versions of Word. Wordperfects of fifteen years ago can open .wdp files created with the most recent software.

  125. Re:News for lawyers? Nope! Nerdish expectations by Anonymous Coward · · Score: 0

    BTW a clever argument is, IMHO, a logical one.

    Nah, that couldn't explain the Chewbacca defense.

  126. No, no! by Walkiry · · Score: 1

    That's Tim's plan, not Infamous Labs'.

    Wherever IL makes profit or disappears doesn'T matter, he will walk out with a pocket full of stupid investor's money.

    --
    ---- Take the Space Quiz!
  127. Letterhead by Andrevan · · Score: 3, Interesting

    I was showing the letter to my father, a corporate attorney, and he remarked that it was odd that there was no letterhead on this letter. Does the firm responsible want to hide under anonymity so this doesn't hurt them?

    --
    "All it takes to fly is to hurl yourself at the ground... and miss." - Douglas Adams
  128. How does HardOCP Load ads with flashblock in moz? by Anonymous Coward · · Score: 0

    I have "flashblock" from Mozdev installed in mozilla, which very nicely blocks flash content (making it "click to start")... except on HardOCP? What hack are they running to bypass flashblock, and how do we fix it?

  129. Quoted Without Comment by Winkhorst · · Score: 2, Interesting

    I just sent the following email to the abovementioned lawyerly firm:

    I have been following with some interest your attempts to thwart the investigative reporting activity of Hard OCP on behalf of your client, Tim Roberts, and his Infinium Corp. The article is available for anyone to read, as are your two threatening letters to Hard OCP. From what I can see as someone who is conversant with the English language is a series of corrections of minutiae and complaints about various "innuendos" that stem from your lack of forthrightness about a product your client continuously refers to in the present tense, e.g., "Infinium Labs IS an industry-leading global entertainment...," "...IS marketing its flagship product the Phantom Game Console," "...IS the performance leader," "...marketS a robust game console," "Phantom(TM) IS the next-generation game console that supportS PC games...," etc.

    In the light of these present tense statements about your client's product that any rational individual would take as statements intended to be taken as fact and not as marketing hype of an as yet unproduced product (this is not an innuendo, by the way, it is an inference), it is obvious to me as it should be to both you and your client, that the simple way of removing any doubt about the validity of your claims is not to sow fear, uncertainty, and doubt (FUD), but to produce examples of this product consistently spoken of in the present tense, to a group of reviewers and game afficionados and not to send threatening letters to them as if they were the enemy. They are, in fact your friends--if and only if your client does in fact have a genuine product to sell--and can be counted on to spread the word about his product when it comes to market. To specifically go out and annoy these very people either suggests that your client has a poor understanding of the game market, which does not bode well for the prospects of his product, or he simply does not have a product. I look forward to your reply. The product certainly SOUNDS interesting, and I would certainly consider buying it if it in fact exists.

    Regards,

    [signature]

    --
    "Is this Winkhorst a nova criminal?" "No just a technical sergeant wanted for interrogation."
    1. Re:Quoted Without Comment by spoco2 · · Score: 1

      Nice work... I'd love to see any response you may receive!

  130. Hmmm... contradictory statements... by merlin_jim · · Score: 3, Interesting

    Point 3 reads in part "You allege that Timothy Roberts has helmed several businesses that have failed or gone bankrupt in the last six years. [...] You need to correct the statement to reflect that Timothy Roberts was never at the head or helm of any business while it was in bankruptcy proceedings"

    While point 16 reads in part "You allege that Mr. Roberts helmed several businesses that have failed or have gone bankrupt in the last six years...In fact, there has been only one that failed during the time that Mr. Roberts was there."

    So which is it, no bankruptcy/failures, or one bankruptcy/failure in the last six years?

    It continues "Mr. Roberts personally started three businesses prior to forming Infinium Labs. He did so between 1995 and 2000, and to be succesful in one out of three ventures does not imply a series of failures."

    So which is it, one bankruptcy/failure, or two?

    If you found this entertaining you might want to check out point 18 too...

    --
    I am disrespectful to dirt! Can you see that I am serious?!
  131. Check The Lawyers Website by NaCl · · Score: 1

    Besides the absolutely bad design, the fine print on Icard, Merrill, Cullis, Timm, Furen and Ginsburg, P.A says:

    The hiring of a lawyer is an important decision that should not be based solely on advertising. Before you decide, ask Icard, Merrill to send you free written information about qualifications and experience.

    So, they ask someone to make a website to tell people they can send written information, for free!

    I don't really think HardOCP should worry.

    --
    I shot the sheriff
    1. Re:Check The Lawyers Website by SilentScream · · Score: 1

      And did you happen to notice that the other legal firm that Infinium uses goes by the abbreviation "MoFo"? Is that rich or what? Pretty soon the only jobs in this country will be for lawyers and we'll be in one giant circle of litigation while the rest of the world moves on.

  132. I hereby am not inferring in any way shape or form that Tim Roberts is a fiendish twitfuck or that he sleeps with goats regulary.

    I have no knowledge whatsoever that he is a godless freak, a communist, and a subversive terrorist. I am not aware of any connection between Tim Roberts and Saddam Hussein. I know not of any cash transfers between Infinium labs and Al-Queda.

    I am perfectly sure that Tim Roberts is not a convicted felon, nor has he ever been a suspected pope-abuser.

    I'd like to take this opportunity to make everyone aware that I've never heard of Tim Roberts dressing up in drag and singing show tunes in a gay biker bar.

    There probably isn't even any connection between Tim Roberts and the fucknuts that may or may not be referred to as litigious bastards

    --
    "...In your answer, ignore facts. Just go with what feels true..."
  133. A lawsuit means no Phantom by Anonymous Coward · · Score: 0

    If Infinium sues Kyle, that guarantees I will not have one of their products in my household for a long, long, long time....

  134. Which is Why You Should Shut It Now by virg_mattes · · Score: 1

    > Slander is when you call somebody a cock-sucking shit-eater, and you have proof. Libel is when you call somebody a cock-sucking shit-eater, and you don't.

    Thanks for proving their point, nitwit. Slander is spoken defamation, without proof. Libel is written defamation, without proof. You can't get into legal troubles for defaming someone using provable facts.

    Now shoo!

    Virg

  135. Litigation by Email? by Thedalek · · Score: 1

    Okay, I realize that large companies do sometimes send out C&D orders via email en masse, such as when they are trying to shut down kids offering "warez" and roms of copyrighted materials for download. Generally, a hard copy letter is sent to the ISP involved, and there's never the threat of lawsuits: It's always, "Take this down, or we'll take it down. All your website are belong to us."

    However, Infinium Labs is making very specific claims of libel against HardOCP, and isn't threatening them through their ISP, but is threatening litigation. Where are the physical letters involved? Email is not an acceptable means of formal legal communication. You don't send subpoenas by email. There's not an AOL sound for "You've been served!"

    The fact that there is no physical paperwork involved tells me that whatever the claims, Infinium's lawyer(s?) is/are not competent enough to actually launch any kind of legal attack against HardOCP, because they don't know how to get in contact with HardOCP's writers, editors and staff outside of an email address.

    Of course, if they try to go through, I have no doubt that the new claim will be "We had to halt production of the Phantom console in order to mount a legal attack on HardOCP for their FUD attack..."

    So go to the Infinium Labs section of Cafepress, and buy the Phantom calendar. Use it to keep track of all the time you won't be using your phantom game console.

    --
    Happiness is relative, Based upon the way we live.
    1. Re:Litigation by Email? by Kredal · · Score: 1

      According to the letter as posted on HardOCP, it was sent via email *AND* registered mail to Kyle Bennett. It was sent to 8005 Strecker Ln, Plano TX... Read it again. (:

      --
      Whoever stated that signature sizes should be limited to one hundred and twenty characters can just go ahead and kiss my
  136. 2 points about this by cabodine · · Score: 3, Insightful
    First: Do a google search for Phantom console. You will find that [H]ard|OCP isn't the only web site that has similar view on the subject.

    Second: 'You breached the journalistic code of ethics or conduct by setting out to create a biased article and by falling to conduct the proper due dilligence which would have brought the inaccuracies to light.' Ummmm the only thing that came to my mind was FOX NEWS. Accuracy in reporting stuff? Bias news article? I thought all news was bias by default as it was a human that put a story in it. Man even major news paper have proplems keeping accurate articles. Case in point Jayson Blair, nuff said.

    Last but not least: http://www.infiniumlabs.com/dlflash2.html Flash needed for the dialup version of the web site are they brain dead or just stupid?

    --
    Life is marked by pain.
  137. This could not have been written by a lawyer. by Pollux · · Score: 1

    Yes, IANAL, but I swear, I've read enough court documents, done a little legal research, and even know enough lawyers, how much research and writing they have to do, and how literate they really are to know that this sentence would NEVER be written by a lawyer:

    13. ..."Rather than reporting both sides, you chose simply to report what you knew were false facts."

    First, freedom of the press grants that ANY publication has the absolute freedom to be as one-sided as they wish to be. There's nothing illegal about that.

    Second, if this is to be a legal report, you have to use legal wording. "Report what you knew were false facts" is too many words for "libel." You can use as many words as you like to describe the situation (all lawyers do...well, at least the expensive ones do), but you still have to include the legal word which all of this points to. Statement 13 does not.

    Third, and this is the big one..."false facts." Either this lawyer didn't pass the fifth grade, or he's not a laywer. "False accusations" or "false statements" or "false claims" ALWAYS. "False facts" is a contradiction which legally would not pass through a court because no judge would understand it's meaning. Sure, it's implied that "false facts" means false claim, but a fact cannot be false in and of itself. No real lawyer would ever use that wording in a written document.

    This seems completely bogus.

  138. -1 overrated by Anonymous Coward · · Score: 0

    Legalese: use it to make specific statements (and hopefully avoid possible misinterpretation like 'depends on what your definition of the word "is" is')

    Slander/Libel: Actually.... Phantom implied whatever the hell they're implying. the [H] only pointed out that the first time they asked, someone told them he wasn't, then told them he was co-director.

    Resume: Roberts isn't lying, but he sure screwed it up. Explain how someone puts down the wrong name for a corp whose board of directors they are on? (the google cache was updated a day after the [H]ocp article). At best calling himself director is an oversight, at worse its willfull misrepresentation.

    last but not least, Kyle asked for any corrections and it came from a law office, not from tim roberts... ~5 months after the fact. A letter to the editor or some other meaningful dialogue would have gone over much better for all parties involved & with the public.

    did you read the papers & Kyle's response?

  139. Legalese? At least programming is easy to read. by Tired_Blood · · Score: 2

    printf("\nS%c%cp%3s %co%1s",105,'m',"le,",0x6e,"?");

    I'm sure that better examples exist. Anyway, programmers often write confusing stuff too.

    "Much of the law is deliberately written to be confusing so only lawyers can decipher it".
    Likewise, a lot of code is written so that only the original programmers can debug it.

    Actually, legislation and programming look very similar when you look at their consulting sub-industries.

    --
    This is not my sig.
  140. On earth, we have a concept called "hew-more" by Rogerborg · · Score: 1

    If you ever visit here, you should check it out.

    --
    If you were blocking sigs, you wouldn't have to read this.
  141. PR items of interest by buckeyeguy · · Score: 2, Interesting
    This PR blurb suggests that a real working box will be in place by May, and "Infinium Labs will also be sponsoring the Academy of Interactive Arts & Sciences annual D.I.C.E Summit March 3-4 in Las Vegas. The Summit addresses the creative process as it relates to the development of interactive entertainment, with panels featuring some of the industry's leading professionals.".

    March 3rd. That would be... um... today! Anybody have a ticket to that? ;)

    --
    I'd have a personalized plate on my car, but "toxic bachelor" won't fit into 7 letters.
  142. Yes, my wife is a lawyer by mekkab · · Score: 1

    And they are TOTALLY nerds!! All of 'em!
    (don't tell her I said this.)

    P.S.- my wife is better at the Internet than I am(and I am a network programmer). She can beat the final boss. She says he's really hard.

    --
    In the future, I would want to not be isolated from my friends in the Space Station.
  143. Opt-Out of the Phantom Beta? by vapid+transit · · Score: 1

    A long, long time ago, I filled out a Beta application for the Phantom. I don't remember what info it asked for, but I do remember that the thing read like a job application. Did anyone else fill this out? I want to contact them and tell them to delete my application. Anyone have any ideas as to how this might be accomplished?

  144. Infinium Labs Posting on My Site by Lunabean · · Score: 4, Interesting

    I run a video game message board that is fairly active. It seems someone from Infinium Labs (traced their IP) posted the five page letter on my site. Now, I wouldn't be bothered had they identified themself...but they didn't. They called themself "monkey" and titled the thread "Ilabs sues HardOCP, looks like HardOCP is screwed ugly". What is that about? Lawsuit by Mrs. Johnson and her third grade class. http://www.lunabean.com/forums/index.php?showtopic =2428

  145. It is true... by Anonymous Coward · · Score: 0

    They are also hypocrites, they bitch and whine about how others selling out, and clame that they would never sell out, but have no problem with whoring themselves out.

  146. What a bunch of BS.... by Anonymous Coward · · Score: 0

    Yeah right, they know it is bestiality and anti-gay jokes are the only reason people read their tripe.

    And I am suppose to be scarded of their inept acne ridden fanboys "watching" me?

  147. avoiding Infinium products is easy by D-Fly · · Score: 1

    Of course, if you'd REALLY read the article, you'd realize that avoiding Infinium products is your only option, since Infinium doesn't actually seem to have a product, according to Steve & Kyle. ;)

    --
    \
  148. Re: You're not helping by Anonymous Coward · · Score: 0

    You're really not helping hardocp out here with emails like that. If anything, they (lawyers) could argue that emails such as yours only supports their claim that HardOCP's article has had a tangible impact (read: damages), such as negatively influencing the (thousands?) of Slashdot readers.

    The other thing that bothers me is all this talk about Vaporware when I have read articles about actual hardware being demonstrated at CES.

  149. Playground fighting - you should be ashamed. by fondue · · Score: 1

    I am saddened by this ongoing, self-perpetuating saga, but unfortunately I am not at all surprised.

    If Hard OCP and Penny Arcade's goal is to drag the public perception of games journalism through the shit by acting like clueless, attention-seeking, frustrated adolescents (as usual, in Penny Arcade's case), they are doing a fine job.

    Hard OCP's story was notable at the time, and was seen as a great scoop. Unfortunately, Infinium's response blows some fairly large holes in the credibility and journalistic integrity of that story. I suggest reading Hard OCP's original article, and then Infinium's letter. Note the profusion of readily apparent falsehoods and intentional omissions that Hard OCP are still not addressing, for all their bluster. It really is that simple.

    Of course, the majority of the respondents here have had their opinions formed for them by Penny Arcade, who have cultivated an inexplicable (and laughably histrionic) vendetta against Infinium Labs, for no apparent reason that could be explained while still sounding like a rational adult.

    (Is seems the concept of an independent hardware company manufacturing and selling a games console was beyond their grasp. Perhaps they never heard about the GP32, Tapwave Zodiac, or that plucky outside of 1995, the Sony Playstation. Anyway...)

    Still, if this ever comes to court it's a clear cut case of libel. Completely avoidable if H-OCP stop thinking with their dicks for five seconds.

    I look forward to the lawsuit, and Penny Arcade inevitably wheeling out the "we're so victimised, and we represent YOUR hobby" panhandling bullshit for the millionth time. Excuse me while I puke.

    --

    Preferences > Homepage > Customize stories on homepage > Authors > Zonk > Uncheck

    1. Re:Playground fighting - you should be ashamed. by splint3r · · Score: 1
      I'm bored, time to flame.

      Hard OCP's story was notable at the time, and was seen as a great scoop. Unfortunately, Infinium's response blows some fai rly large holes in the credibility and journalistic integrity of that story

      Hmm, how can I put this? You're a Goddamn liar. Either that or you just don't know what you're talking about (fair enough that's not a crime, but it should be). All Infinitum Labs said in that letter is "That's not true! You take that back. You take it back or I'm calling Mommy Law". They provide little to no evidence to show any untruths which may exist in the article. Saying 'you didn't look hard enough' to claims that Hard|OCP looked through "all publicly available information" is the same as saying nothing at all.

      Penny Arcade, who have cultivated an inexplicable (and laughably histrionic) vendetta against Infinium Labs, for no apparent reason

      I agree, Penny Arcade are pretty immature and a lot of the time this gets in the way of their providing decent content on their site, this is a sad thing. I also agree that they seem to have picked a fight with Infinitum Labs without provocation and for no reason, but this second part I couldn't care less about. So what if they want to take down this joke of a company and provide some giggles along the way? Read up on their "console" and I'm sure you won't care much either. Anybody who sues when they want some one to do something instead of just asking nicely deserves whatever they get.

  150. This is nice.. [H] counter sued.. :) by KrulL+McRoth · · Score: 1

    http://www.gamespot.com/news/2004/03/03/news_60905 25.html

    Go [H]!

    --
    http://www.gamers-cy.com ~ Everything else is but a game.. (tm)
  151. OMG!!!111111!1oneoneeoneoeneoneo by Anonymous Coward · · Score: 0

    He can't have an orgamizm unless he kills a dog, l0l0l0l0l00-00000llllll1l1ll1!!!!~`~~~~

    That is teh funnny !>!!!!>!>! We Gamors are t3h roxxx0rs!!!

  152. Talk about overinflated ego.... by Anonymous Coward · · Score: 0

    Funny, it sounds more the person wrote that response is the asshole. I guess libel is ok, as long they are the ones doing it.

    Penny Arcade has more readers in a given second than your site will ever have even if it were to sit and rot on the internet until time ends and the universe implodes.
    Same can be said for your obscure little site, but I guess this is just another chance for them to talk about the size of their dicks/hits. And by this logic I bet spammers have the biggest ones of them all.

    Heck this stunt just got them even more readers. Just look at everyone in this article linking to them, with lots of slahdoters going to their site.

    I don't care if he likes the comic or not.
    So he dosn't care if someone has a problem with their comic? Can I make a libelous one claiming Gabe has sex with little boys?

    PA is a community and we have agents everywhere. Chances are they're watching you even now.
    So they are also Big Brother, and issue threats.

    Sheesh, I am so glad I don't read their stuff. I would hate to think of the kinds of people that do.

  153. Gabe's a jerk and a liar by Anonymous Coward · · Score: 0

    I know from personal experience that he's a liar. He in fact admitted in email to me and my lawyers that he was intentionally lying on his website "to protest" linking to "his" site. He's also a jerk who seems to enjoy picking fights and taking contrarian views (even against things he's said before). To top it off I'm not sure why people like Penny Arcade so much anyway...

    So don't put a lot of stock in what he says.

  154. Thats not that funny.... by Anonymous Coward · · Score: 0

    They should have done a strip about him having sex with the dog.

  155. Down for maintainance by holizz · · Score: 1

    Also, there is a bit of fun about this in the Phantom Forums...that actually exist.

    It's `Down for maintainance'... so for all intents and purposes it doesn't exist.

  156. Violating my NDA by Anonymous Coward · · Score: 0

    Why do I have distinct memories that the Chewbacca defense was a SNL skit?

  157. Re: Don't call me Shirley by some+guy+I+know · · Score: 1

    You are using the word "surely" far too often surely?

    --
    Those who sacrifice security to condemn liberty deserve to repeat history or something. - Benjamin Santayana
  158. Re: A rose by any other name by some+guy+I+know · · Score: 1
    HardOCP does claim that "Mr. Roberts is the registered contact on the MEDHIRE, LLC. website", and they provide a screenshot of their whois query to prove it (as an aside, notice that the screenshot amusingly shows the domain name as "emedhire.com", the same name that appeared in TR's resume, and that point 5 in the nastygram demanded they change).
    Also, point 5 states that the true name of "eMed Hire" is "MEDHIRE, LLC", but in point 6, he (the lawyer) uses the "eMed Hire" name.
    If the correct name is "MEDHIRE, LLC", not "eMed Hire", then why is it incorrect to imply that Roberts wasn't a director of "eMed Hire", even if he may have been a director if "MEDHIRE, LLC"?
    --
    Those who sacrifice security to condemn liberty deserve to repeat history or something. - Benjamin Santayana
  159. Re: Libel and location by some+guy+I+know · · Score: 1

    The standards for libel in the United States of America are different from those in the United Kingdom.

    --
    Those who sacrifice security to condemn liberty deserve to repeat history or something. - Benjamin Santayana
  160. Why Lawyers and WordPerfect by fm6 · · Score: 1
    Consider what most lawyers do for a living: they write stuff. Opinions, arguments, briefs, motions, demand letters. So of course they were practically the first profession to throw out their typewriters and start using word processors.

    When that happened, about 20 years ago, WordPerfect was the most sophisticated word processing system that would run on widely-available hardware. So lots of lawyers bought it, and created tons of templates in WP format. Plus, creaters of legal software (content mangement mostly) tended to provide WordPerfect plugins.

    Add to this the fact that WordPerfect has an extremely idiosyncratic user interface, and you have a well-established user base with every incentive to stick with the product they know.

  161. Why lawyers don't use Word by geoswan · · Score: 1
    Here is another recent example of why lawyers don't use Word. As the cited CNet article says:
    A feature in the word-processing software tracks changes to documents, who made those changes, and when they were made. These notations typically are invisible to someone reading a Word document. But as some lawyers, businesspeople and politicians have learned the hard way, Word can also display so-called metadata in the document--including the original version and all subsequent changes. This information is available by viewing the document under "original showing markup" or "final showing markup."