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Infinium Labs Threatens HardOCP Again

Posted by timothy on from the crybabies dept.

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."

3 of 463 comments (clear)

  1. 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.

  2. 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!
  3. 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.