Take-Two Interactive v. John B. Thompson
Encyclopedia
Take-Two Interactive Software, Inc. v. John B. Thompson is a lawsuit
filed by Take Two Interactive against Miami attorney
Jack Thompson
seeking to permanently enjoin him from filing a public nuisance
suit under Florida
law against Take Two to block the sales of the unreleased video games Grand Theft Auto IV
and Manhunt 2
. Thompson had previously filed just such a suit against Take Two to block the release of Bully
, which Thompson lost.
Thompson filed a countersuit on March 21, 2007 charging Take Two with being at the center of a RICO
conspiracy
. Third parties named in the conspiracy were GamePolitics.com
, Kotaku
, Joystiq
, GameSpot
, IGN
, Penny Arcade
, EGM
, Game Informer
, Spong, the ESA
, the ESRB
and the ECA
. On March 28, 2007 Thompson filed an amended counterclaim with no mention of RICO.
Thompson and Take Two settled the suits on April 18, 2007, filing with Federal District Court Judge
Cecilia M. Altonaga. In the settlement Thompson agreed to:
Take-Two Interactive agreed to:
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
filed by Take Two Interactive against Miami attorney
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
Jack Thompson
Jack Thompson (attorney)
John Bruce "Jack" Thompson is an American activist and disbarred attorney, based in Coral Gables, Florida. Thompson is known for his role as an anti-video-game activist, particularly against violence and sex in video games....
seeking to permanently enjoin him from filing a public nuisance
Public nuisance
In English criminal law, public nuisance is a class of common law offence in which the injury, loss or damage is suffered by the local community as a whole rather than by individual victims.-Discussion:...
suit under Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
law against Take Two to block the sales of the unreleased video games Grand Theft Auto IV
Grand Theft Auto IV
Grand Theft Auto IV is a 2008 open world action video game published by Rockstar Games, and developed by British games developer Rockstar North. It has been released for the PlayStation 3 and Xbox 360 video game consoles, and for the Windows operating system...
and Manhunt 2
Manhunt 2
Manhunt 2 is an action/adventure video game developed by Rockstar Games and the sequel to 2003's Manhunt. The game was released in North America for the PlayStation 2, PlayStation Portable, and Wii on October 29, 2007....
. Thompson had previously filed just such a suit against Take Two to block the release of Bully
Bully (video game)
Bully, also known as Canis Canem Edit for the PAL PlayStation 2 version, is an open world video game released by Rockstar Vancouver for the PlayStation 2 on 17 October 2006 in North America, and 25 October 2006 in the United Kingdom...
, which Thompson lost.
Thompson filed a countersuit on March 21, 2007 charging Take Two with being at the center of a RICO
Racketeer Influenced and Corrupt Organizations Act
The Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization...
conspiracy
Conspiracy (civil)
A civil conspiracy or collusion is an agreement between two or more parties to deprive a third party of legal rights or deceive a third party to obtain an illegal objective....
. Third parties named in the conspiracy were GamePolitics.com
GamePolitics.com
GamePolitics.com is a blog about the politics of computer and video games started by freelance journalist Dennis McCauley.Frequent topics include video game legislation, the effects of media coverage on video games and gamer culture, and stories about high-profile critics and/or supporters of the...
, Kotaku
Kotaku
Kotaku is a video games-focused blog. It is part of Gawker Media's "Gawker" network of sites, which also includes Gizmodo, Deadspin, Lifehacker, io9 and Jezebel. Named to CNET News' Blog 100, Kotaku is consistently listed in the top 40 of Technorati's Top 100...
, Joystiq
Joystiq
Joystiq is a video gaming blog founded in June 2004 that has since become one of the most successful sites within the Weblogs, Inc. family of weblogs. It is the centerpiece of WIN's own network of video gaming blogs, which also includes a blog dealing specifically with the popular MMORPG World of...
, GameSpot
GameSpot
GameSpot is a video gaming website that provides news, reviews, previews, downloads, and other information. The site was launched in May 1, 1996 by Pete Deemer, Vince Broady and Jon Epstein. It was purchased by ZDNet, a brand which was later purchased by CNET Networks. CBS Interactive, which...
, IGN
IGN
IGN is an entertainment website that focuses on video games, films, music and other media. IGN's main website comprises several specialty sites or "channels", each occupying a subdomain and covering a specific area of entertainment...
, Penny Arcade
Penny Arcade (webcomic)
Penny Arcade is a webcomic focused on video games and video game culture, written by Jerry Holkins and illustrated by Mike Krahulik. The comic debuted in 1998 on the website loonygames.com. Since then, Holkins and Krahulik have established their own site, which is typically updated with a new comic...
, EGM
Electronic Gaming Monthly
Electronic Gaming Monthly is a bimonthly American video game magazine. It has been published by EGM Media, LLC. since relaunching in April of 2010. Its previous run, which ended in January 2009, was published by Ziff Davis...
, Game Informer
Game Informer
Game Informer is an American-based monthly magazine featuring articles, news, strategy, and reviews of popular video games and associated consoles. It was formed in August 1991, when FuncoLand started publishing a six-page magazine, free in all its retail locations...
, Spong, the ESA
Entertainment Software Association
The Entertainment Software Association is the trade association of the video game industry in the United States. It was formed in April 1994 as the Interactive Digital Software Association and renamed on July 16, 2003...
, the ESRB
Entertainment Software Rating Board
The Entertainment Software Rating Board is a self-regulatory organization that assigns age and content ratings, enforces industry-adopted advertising guidelines, and ensures responsible online privacy principles for computer and video games as well as entertainment software in Canada, Mexico and...
and the ECA
Entertainment Consumers Association
Entertainment Consumers Association is a United States-based non-partisan, non-government, non-profit organization dedicated to the interests of individuals who play computer and video games in the United States and Canada.-History:Mr...
. On March 28, 2007 Thompson filed an amended counterclaim with no mention of RICO.
Thompson and Take Two settled the suits on April 18, 2007, filing with Federal District Court Judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
Cecilia M. Altonaga. In the settlement Thompson agreed to:
- Not sue to block the sale or distribution of any Take Two title.
- Thompson may not communicate any alleged wrongdoings by Take Two to any party doing business with Take Two. He is not blocked from criticizing Take Two products or acting as counsel in any lawsuit brought against Take Two by a 3rd party.
- All of Thompson's future contact with Take Two will be through their attorneys.
Take-Two Interactive agreed to:
- Dismiss their lawsuit against Thompson.
- Drop the BullyBully (video game)Bully, also known as Canis Canem Edit for the PAL PlayStation 2 version, is an open world video game released by Rockstar Vancouver for the PlayStation 2 on 17 October 2006 in North America, and 25 October 2006 in the United Kingdom...
contempt of courtContempt of courtContempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
issue.
External links
- Full text of lawsuit - GamePolitics.comGamePolitics.comGamePolitics.com is a blog about the politics of computer and video games started by freelance journalist Dennis McCauley.Frequent topics include video game legislation, the effects of media coverage on video games and gamer culture, and stories about high-profile critics and/or supporters of the...
(PDFPortable Document FormatPortable Document Format is an open standard for document exchange. This file format, created by Adobe Systems in 1993, is used for representing documents in a manner independent of application software, hardware, and operating systems....
) - Open letter by Thompson - KotakuKotakuKotaku is a video games-focused blog. It is part of Gawker Media's "Gawker" network of sites, which also includes Gizmodo, Deadspin, Lifehacker, io9 and Jezebel. Named to CNET News' Blog 100, Kotaku is consistently listed in the top 40 of Technorati's Top 100...
- Thompson's original countersuit - GamePolitics.comGamePolitics.comGamePolitics.com is a blog about the politics of computer and video games started by freelance journalist Dennis McCauley.Frequent topics include video game legislation, the effects of media coverage on video games and gamer culture, and stories about high-profile critics and/or supporters of the...
(PDFPortable Document FormatPortable Document Format is an open standard for document exchange. This file format, created by Adobe Systems in 1993, is used for representing documents in a manner independent of application software, hardware, and operating systems....
) - Thompson's revised countersuit - GamePolitics.comGamePolitics.comGamePolitics.com is a blog about the politics of computer and video games started by freelance journalist Dennis McCauley.Frequent topics include video game legislation, the effects of media coverage on video games and gamer culture, and stories about high-profile critics and/or supporters of the...
(PDFPortable Document FormatPortable Document Format is an open standard for document exchange. This file format, created by Adobe Systems in 1993, is used for representing documents in a manner independent of application software, hardware, and operating systems....
) - The settlement - GamePolitics.comGamePolitics.comGamePolitics.com is a blog about the politics of computer and video games started by freelance journalist Dennis McCauley.Frequent topics include video game legislation, the effects of media coverage on video games and gamer culture, and stories about high-profile critics and/or supporters of the...
(PDFPortable Document FormatPortable Document Format is an open standard for document exchange. This file format, created by Adobe Systems in 1993, is used for representing documents in a manner independent of application software, hardware, and operating systems....
)