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."
I think we may have to add stage four to the cycle.
1. Microsoft
2. SCO
3. RIAA
4. ???^H^H^HInfinium!!
====
Crudely Drawn Games
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.
..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).
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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.
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?
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.
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.
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
...infimum.
THE NERD IS THE COMPUTER.
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.
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.
Learn something new.
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.
> 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
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.
"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*
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.
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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.
> 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
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.
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.
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.
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.
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.
I'm no fan of PA, but how can you read that as anything but tongue-in-cheek?
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.
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.
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.