Take Two Files Suit Against Jack Thompson

Bullied writes "Take Two has tired of Jack Thompson's frivolous lawsuits and has filed a federal lawsuit in the Southern District of Florida to prevent him from filing any more 'nuisance' lawsuits. 'Take Two argues that the lawsuits violate its First Amendment rights to free expression, but it also claims that the suits are so vague as to be unconstitutional. "This unconstitutional vagueness will have a chilling effect on Plaintiff as well as Plaintiff's customers," says the company. "Plaintiff's distributors likely will respond to the uncertainty and fear of penalties by withholding Plaintiff's video games from the public."' Take Two also cites the disruptive effect Thompson's suits have on its retail partners."

Comments

What took so long?

[Vengeance]

And why is it that Jack Thompson can walk down the street without everyone pointing and laughing?

Re:What took so long?

[flyingsquid]

I don't get it. Why doesn't Take Two just run him over with a stolen car?

Re:What took so long?

[The PS3 Will Fail]

"Seriously, there are a lot of people in this world that need to die."

I'm not so sure dictating who "needs" to die is very good for your karma.

Re:What took so long?

[Clever7Devil]

His litigation record is laughable, but have you seen his correspondence?

Some of the published letters between Jack and members of the gaming community are purely ridiculous.

I'm sure someone has linked Penny-Arcade already, but have you read this one?

http://www.grumpygamer.biz/index.php/2006/09/23/ja ck_thompson_thinks_he_s_jesus/

Re:What took so long?

[Vengeance]

Obsession? I never realized I was obsessed with this topic. Hell, I've never even played any of the games Thompson has gone after. Frankly I don't give a rat's ass if a copy of Bully is ever sold, or if Take Two goes under... I keep my money elsewhere. Just so long as it's market-driven, and not the result of excess litigation. Thompson is but one symptom of a system that's been twisted terribly out of rational shape.

But this jackass comes up here every few months associated with some new attempt to litigate things out of existence. I think it's our duty as citizens, particularly if we have children, to try and pass them a world with SOME degree of personal freedom. A lot has been lost in this country, and complacency and apathy will have to shoulder a large part of the blame.

When they came for the gamers, I said nothing, because I was not a gamer.

Re:What took so long?

[kris_golden]

Ummm...except for the fact they believe in Christ...

Can anyone fill in legal details?

[benfinkel]

What are the outcome options here? Would T2's success in this suit stop JT's current lawsuits completely? Would he be able to re-file them after the games came out? Can you be liable in Civil or Criminal Court for excessive frivolous lawsuits?

Re:Can anyone fill in legal details?

[tomstdenis]

You can get disbarred for filing falsified court documents. As for being a pain in the ass, aside from contempt I don't think so.

In this case though Take Two is looking to enjoin him from filing lawsuits over two specific games on the basis that his previous lawsuits have all been without merit. Frankly, the guy is an assclown. He has had zero effect on the sales of the games and is making enemies all over the world. He should be proud.

Tom

Re:Can anyone fill in legal details?

[jimstapleton]

He has had zero effect on the sales of the games

Funny, I don't quite think that's accurate.

If he starts bitching about a game, I know people who will rush out to buy it.

If ever said a game is good, they would rush to put it on their "not even on a very cold day in hell" list.

Re:Can they win?

[tomstdenis]

Likely the injunction seeks to prevent a type of lawsuit from being presented (re: the baseless kind). I imagine if Take Two broke into his home he could legally sue then.

But, I should point out that even though [for example] you have the right of free association, that can be stripped (re: prison, restraining order, etc).

So as punishment for filing baseless lawsuits, I can see a judge ordering that Thompson leave Take Two the fark alone.

Tom

Well...

[Anonymous Coward]

I hope he knows a good lawyer!

Re:Can they win?

[Dorceon]

The term you're looking for is Barratry.

gtaIV

[mastershake_phd]

They should make Jack Thompson a character in GTA IV. Maybe a child rapist you must beat to death with the limbs of dead hookers.

Re:gtaIV

[phorm]

That might be pushing it a bit, but how about making a lawyer-type character with a penchant for chasing ambulances?

Maybe a side-quest could be to steal an ambulance and make it to "target X" before the lawyer manages to catch up to you, or perhaps to reach X ambulances and/or eliminate the lawyer before he reaches them.

Re:Can they win?

[voice_of_all_reason]

Barraty? Is that the legal concept of walking into court with a machinegun mounted on your arm and calls the judge "spikey-head?"

Re:Can they win?

[nuzak]

> Is it even possible to be disallowed from filing lawsuits.

Partly -- google for "Vexatious Litigant". Florida passed such a law to amend their rules civil procedure in 2000. http://www.ccfj.net/VexLitbill.htm

This is a federal lawsuit though, and I'm not actually aware of any federal rules on vexatious litigation -- in fact, federal court is usually where such people go to keep filing their suits.

Re:Run Thompson over?

[p0tat03]

GOURANGA!