Slashdot Mirror
Infinium Labs Countersues HardOCP
loftydog writes "Gamespot is reporting that our favorite console manufacturer has thrown down a gauntlet in Florida. Seems they didn't want to play in Texas with HardOCP. Turns out that SCO doesn't have a corner on the lawyer market after all, and we'll see something from Infinium, even if it is an overpaid suit."
I'd love to see the judge say "OK, Infinium.. Let's see your console that HardOCP has been blasting." It may be another SCOish "We'd love to but it's our proprietary product!"
Trolling is a art,
"Those who can, do. Those who can't, litigate."
(in reference to Infinium, not HardOCP, of course...)
"This? I can make a hat, I can make a brooch, I can make a pterodactyl..."
While insane judicial stuff HAS been known to go down in Florida it just seems less likely the Infinium people will somehow face the death penalty there. *sigh*
I just read the motion to dismiss and supporting brief relating to the Texas suit. Infinium is not going to have much of a fun time in this suit. Their counsel are incompetent. I've yet to read anything prepared by [H]'s lawyers, but it's got to be better than the inane dribble that Infinium has sent to the Tx District Court. Misspellings, wrong words, never mind the fact that they're plainly disrespectful in some places, and oh, flat out wrong in some, too.
Motion to dismiss:
here
Judge: "ok, show your console"
Infinium: "we can't do that as it would expose our business secrets"
Judge: "so you have no console?"
Infinium: "that IS the secret"
I plan to plan / Dutch course in The Hague
...none of this would have happened if Infinium Labs had actually shipped a working product on time. Mudslinging or "legal relief" won't make them ship it quicker either. As far as I can tell, HardOCP has been more than reasonable with its assertions... more sites should have the guts to expose the true colors of the companies they cover.
However exciting the infinium technology allegedly is, I temper any enthusiasm for that product with the reality that they're entering a market full of big boys who don't like to share their toys. Whoever gave them venture money to go head-to-head with Sony, MS, and Nintendo should have their head examined.
Who cares if the product is interoperable, etc. As long as the big guys can sell their consoles below manufacturing cost via lucrative licensing deals, there is NO way that a small startup can compete. IMHO, the right thing to do in this case is Infinium giving what little cash they have left back to the investors and crawling back under the rock they cam from.
This is going to become all the more ridiculous as the 970-based next gen consoles come out. I just don't see a way to outperform that kind of horsepower...
"I heard Timothy Roberts, CEO of Infinium Labs, can't have an orgasm unless he kills a dog." -Tycho
Penny Arcade want to be sued too. I guess they'll have to try harder.
I have to give credit to HardOCP for not backing down in the face of ridiculous threats. They posted a factual article that painted an unflattering picture, because the fact's ARE unflattering. I know Florida is home to some of the worst judicial decions ever but here's hoping they get this one right.
Their website is gorgeous. Takes forever to load, but the eye-candy is sweet.
I'm not a cool-guy web designer, but they list a "Pentium III" as a site requirement. I can't recall seeing another site that listed a processing requirement. Is that legit?
Also interesting to note that, according to the Phantom.net branch of their site,
The Dalai Llama
constantly amazed at just how far people will go to get press...wait a minute, nobody visits my site, either. If you're reading this sig, expect to be contacted by my legal team.
My sig could be your sig!
In response to the HardOCP lawsuit (http://www.videogamestumpers.com/images/Infinium% 20Motion.pdf), IL claimed that they didn't have a corporate presence.
k .html
Check out the leases section of their 8K filing however:
http://biz.yahoo.com/e/040322/iflb.ob8-
"Infinium leases office space in Sarasota, Florida and Richardson, TEXAS under operating leases that expire in 2009 and 2007, respectively. Minimum future rental payments under these leases are as follows"
I caught on that the Phantom was a hoax and Infinium a scam the first time I came across information about them last year.
Why/how has it continued so long when it's obvious to even a dullard like me?
I really don't understand. It's SO OBVIOUS.
Classify this with SCO and Scientology in the "wtf!$?!$? It's SO OBVIOUS" category.
That's in Rhoad Island, where this suit will not be taking place, and further more the plantiff still must prove that the statement was made with malicious intent. Hardly, "quite possible." Technically possible, theoretically possible, not out of the realm of possibility. Sure.
Further more, there is the matter of being a public entity or figure, which requires a higher standard.
HardOCP has a number of true statements, presented as part of an opinion and asks their readers to draw their own conclusions, to their individual benefit, about a public corporation, and relatively public executives in it. They have this won barring any unforseen changes to our code of laws.
In short, yes, Infinium might win, but NASA also might have faked the moon landings with the help of the guys who faked the faking of the Loch Ness monster and Big Foot to divert people's attention away from their preparing to make OJ Simpson the first human on Mars, while arming him with only a powerbook to combate the vast alien hoards. Their chances are only slightly worse than a Sharpton and Keys joint ticket taking the White House.
Once again, the slashdot editors skew the debate by misstating the situation.
This isn't a "countersuit" because HardOCP DIDNT SUE infinium labs. They requested a declaratory judgement as a way of getting a judge to declare legal threats on infinium's part impotent.
It happens in a courtroom but it isn't "suing".
I bet this appears on thier website soon:
"our favorite console manufacturer" - Slashdot
Just wait. You'll see.
Everything seemed to be going so nice
'till the end of all beings punched right through the ice
A latest check of the docket shows that the Infinium Labs lawyers forgot to file a Certificate of Interested Persons with the court. It's just a list of people who a financial stake in the outcome of the case. When it is filed on Infinium's part, it could provide a look at the backers of Infinium and who else is financially involved with the company.
In other news, the court ordered a mediation meeting as part of the process to get the two sides to settle. This has to happen by April 23rd. It's intended to be a face-to-face meeting with all parties, but I expect Infinium to go pro se and do a telephone conference. If a settlement can't be reached, then both sides will file a report to the court explaining why.
Until the Certificate of Interested Persons is filed, the case won't progress much until the middle of next month. I've got the docs, but haven't uploaded them my site yet being as they are from the court and none of the parties. If there's a lot of interest, I'll post 'em.
Infinium Labs has retained the following legal council in Texas. This is public information from the court docket.
Baxter W Banowsky
Banowsky Betz & Levine
790 Coit Central Tower
12001 N Central Expwy
Dallas, TX 75243
214/871-1300
Fax : 214/871-0038 FAX
Email: bwb@bblpc.com
The latest info on the case can always be found at whereisphantom.com and the Hardforum.
Links to the essential court docket documents:
KB Networks Civil Cover Sheet.pdf
Infinium Summons
Infinium Motion to Dismiss