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Thompson Sues ESRB, Best Buy
Well known anti-gaming lawyer Jack Thompson is following up on his clever sting operations against Best Buy. He's filed suit against the consumer electronics retailer for allegedly selling M-rated games to underage gamers. He has also included the ESRB in that suit. GamePolitics reports: "As we reported, the claim against Best Buy suit looks as if it will be going nowhere. Thompson has also apparently named the ESRB in the suit. That looks like a non-starter as well. His explanation: 'The ESRB has been sued by Thompson because it is well known that it a) is owned and operated by the video game industry, b) does not even play the games it rates to conclusion, c) routinely mislabels games as to age appropriateness, per testimony before the U.S. Congress, and is engaged in representations to American parents that the age label are accurate and are keeping "Mature" games out of the hands of kids.'"
Did he get disbarred yet?
The last time I checked he ESRB ratings aren't legally binding; hence a retailer can sell an M rated game to a four year old if they really wanted to... I realize people can be sued for almost anything, but still...
"an email from Attorney Jack Thompson stating that his 15-year-old son purchased the Mature-rated game BioShock from a local Best Buy."
Me thinks Jacko may have made a bit of a mistake this time. Last time I heard about someone doing this, it was a guy who dressed his 14 year old daughter up and made her look over 21. He sent her to a bar who's owner he hated to get the owner in trouble. The judge took one look at the case, threw out the charges against the bar, and had charges filed against the parents for contributing to the delinquency of a minor.
Here's to hoping a similar thing happens in this case.
Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
I believe his ability to practice law in Alabama was removed, this was under a reciprical agreement so I not sure if it counts as an actual disbarment or not, still it should count as a bitch slap.
Apocalypse Cancelled, Sorry, No Ticket Refunds
One thing I am curious about is - how does this guy earn a living?
I mean, he keeps filing lawsuits, but a) not for specific damages for him, and b) he never wins. He definitely doesn't have a chance to actually practice law or anything...
Or is he just on a retainer for people who want games banned/people who don't want games banned and realise that having a nut like JT doing all the talking is doing their cause wonders?
Between the falling angel and the rising ape
In fact, one of the opinions said that it is an unconstitutional delegation of power for a state to give private bodies powers like this. Making ESRB ratings binding gives power to decide what is, and isn't, legal to a private body that isn't accountable to anybody. I mean, if the ESRB mislabels something and refuses to change it, nobody can sue them. Not the maker, not consumers, nobody. A state body can be sued, but the ESRB is just issuing an opinion. Supposing the ESRB decided they had a grudge, so anything with Rockstar's name on it was AO, no matter what? Should that be made legally binding?
Apparently in Thompsonland. Suing Best Buy for not enforcing something that courts have said *cannot* be made mandatory seems to me to be going nowhere fast. He's using tactics similar to the 65 million dollar pants lawsuit, too -- claiming that because Best Buy said they enforce the ratings, they can be sued into oblivion for not being perfect. (The pants man claimed a "satisfaction guaranteed" sign meant they had to give him anything he wanted. Literally.)
That gave my heart a nice warm feeling to imagine, but there really isn't anything illegal about a minor buying an M game. It's just the ESRB's opinion, and they cannot make law. Those ratings were designed to placate moralists.
Jack knows he will lose. He wants to get enough of the Tipper Gores in the world angry about this inability to enforce the ratings. No telling what effect that would have. I think it would actually be fine for gaming. Jack's just an idiot.