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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.'"

20 of 134 comments (clear)

  1. IANAL by Anonymous Coward · · Score: 5, Funny

    And neither is Jack Thompson.

    1. Re:IANAL by Sorthum · · Score: 4, Interesting

      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...

    2. Re:IANAL by MobileTatsu-NJG · · Score: 4, Funny

      "And neither is Jack Thompson."

      It takes a brave man to claim that Jack Thompson isn't anal... I'd call you that, but you posted anonymously.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    3. Re:IANAL by LrdDimwit · · Score: 5, Informative

      It doesn't. The one for keeps is in Florida right now (that was the grey prawn incident case). What happens is, when you want to represent a client in a state you're not licensed in, you apply for permission to the court, on the basis you're licensed in [state x]. That permission was revoked. In effect, he got booted off that one specific case. It makes it unlikely he would ever get that permission for another Alabama case, but he remains a lawyer in the state his license is actually in (Floriday) -- but probably not for long. He actually tried to withdraw (from the Alabama case); the judge refused to accept the withdrawal, then revoked his temporary license!

    4. Re:IANAL by MobileTatsu-NJG · · Score: 3, Funny

      "Maybe he's not brave, but he's a lot smarter than you, registration-slave. Slashdot has YOUR personal info to misuse or get stolen, not his."

      Oh noes!! They have my super-secrete throw-away email address! I'm totally their bitch now!!!

      Boy, you really showed me.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

  2. Self counter-suit mayhem by netsavior · · Score: 4, Funny

    Ok so the ESRB is at fault because it makes faulty ratings, and WorstBuy is at fault because they do not enforce the aforementioned faulty ratings? Which is it, do they need to be enforced or are they invalid?

    1. Re:Self counter-suit mayhem by LrdDimwit · · Score: 5, Interesting

      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.)

  3. His kid must be mortified by the_tsi · · Score: 5, Funny

    "an email from Attorney Jack Thompson stating that his 15-year-old son purchased the Mature-rated game BioShock from a local Best Buy."

    Jack's son: if you're reading this, don't worry. We know your dad forced you to do it, and you're not as much of a tool as he makes you out to be. In another three years you can move out, and we'll all pretend this crap never happened.

    1. Re:His kid must be mortified by Bios_Hakr · · Score: 3, Funny

      Here's a good idea: RockStar should hire Jack's son as a games evangelist. Pay they kid's way through pre-law (or whatever he wants to do) and have the kid come out every now and then to talk about how cool the newest game is...

      --
      I'd rather you do it wrong, than for me to have to do it at all.
    2. Re:His kid must be mortified by Ironsides · · Score: 5, Interesting

      "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
    3. Re:His kid must be mortified by G+Fab · · Score: 3, Interesting

      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.

  4. Anyone can sue anyone by CyberBill · · Score: 4, Insightful

    Anyone can sue anyone, but that doesn't mean they'll win.

    There is no law on the books that states an M-rated game cannot be sold to a minor, in fact, everytime this legislation is attempted it is shot down as unconstititional.

    --
    -Bill
  5. I'm Beginning to Like Jack Thompson by TheWanderingHermit · · Score: 4, Insightful

    I used to hate Jack Thompson, but the more I read about him, the more I look forward to hearing what his latest stunt will be. He's become a larger than life comic book villain who will do anything, no matter how outrageous, to get himself publicity or to take down a force much bigger than he could ever hope to stop. Watching his latest absurd attempt to make everyone look at him and trying to figure out what he'll do next has become more entertaining than many of the games I've played. I've gone long past considering him any kind of threat and now often wonder if he is for real or can reasonably believe that any of his ideas are going to work. He's more and more like an incompetent Mr. Mxyzptlk, but more fun to watch.

    1. Re:I'm Beginning to Like Jack Thompson by Calmiche · · Score: 3, Funny

      Whew. I feared I was the only one.

      I'm starting to enjoy the write-ups in the news and gamming journals, as well as the Penny-Arcade rants and comics. I can just imagine him, sitting in his volcano lair, stroking his white fluffy cat and yelling "I'll get you next time Gamers!"

      You know, if he didn't act so serious and foam-at-the-mouth angry, I'd be tempted to think he was the greatest viral marketing for videogames ever invented. I bet he has sold more games than the entire marketing departments for Take 2 Games/Rockstar.

    2. Re:I'm Beginning to Like Jack Thompson by pokerdad · · Score: 3, Insightful

      I can just imagine him, sitting in his volcano lair, stroking his white fluffy cat and yelling "I'll get you next time Gamers!"

      Jack Thompson is Dr. Claw? I don't think so. Doesn't this sound more like him...

      "...frequently led assaults himself, but often vacillated between being a coward at heart, usually the first to turn tail in retreat whenever the tide of battle shifted unfavorably, or pushing his troops to seize victory at all costs, berating them when they turned to retreat. Impatient and frequently hysterical, he was prone to fits of rage when things went badly, often launching into extended rants. He was also greedy and egotistical, often mistreating his own troops to the point of mutiny, and on multiple occasions saw his plans foiled by his own arrogance."

      That is wiki's description for Cobra Commander, and for me at least, the high pitched whine of CC is how I always imagine JT.

  6. Sue everybody just in case. by Valdrax · · Score: 3, Informative

    Unfortunately, the rules of civil procedure have really tilted things so that you need to sue everybody who could possibly at fault at first and then sort out who's really at fault by the time it comes to trial. Otherwise, you run the risk of the statute of limitations running out in the time it took you to find out that it's really the other guy's fault.

    --
    If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
  7. Ambulance chaser... by GregPK · · Score: 3, Funny

    I envision a game called Ambulance chaser. Your whole job is to catch the ambulance so you can hand them court papers. Extra points for every illegal move you make in the proccess of catching said ambulances. Then afterwards you get to choose your idiotic statement towards the arguement that we need to sue the ambulance guys because the may have saved my life, but in the proccess they broke my foot.

  8. Re:Did anyone else... by jandrese · · Score: 3, Funny

    Has anybody ever seen both of them in a room at the same time?

    --

    I read the internet for the articles.
  9. Did Jack get the game back? by ZombieRoboNinja · · Score: 4, Funny

    I hope Jack got the copy of Bioshock back before his kid was exposed to it. You know how impressionable teenagers are - a few hours of playing, and Jack Jr. might have been inspired to craft complex literary-political allegories that investigate the nature of humanity.

  10. Did someone tell Thompson about Portal? by Hayden+Panettiere · · Score: 5, Funny

    It encourages kids to violate the laws of physics!