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.'"

Comments

IANAL

[Anonymous Coward]

And neither is Jack Thompson.

Re:IANAL

[Sorthum]

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...

Re:IANAL

[MobileTatsu-NJG]

"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.

Re:IANAL

[LrdDimwit]

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 That permission was revoked.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!

Self counter-suit mayhem

[netsavior]

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?

Re:Self counter-suit mayhem

[LrdDimwit]

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.)

His kid must be mortified

[the_tsi]

"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.

Re:His kid must be mortified

[Ironsides]

"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.

Anyone can sue anyone

[CyberBill]

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.

I'm Beginning to Like Jack Thompson

[TheWanderingHermit]

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.

Did Jack get the game back?

[ZombieRoboNinja]

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.

Did someone tell Thompson about Portal?

[Hayden Panettiere]

It encourages kids to violate the laws of physics!