Thompson countersues Take-Two

Lawyer responds to publisher's lawsuit with accusations of intimidation, obstruction of justice, and violation of his civil rights.

Last week, Take-Two Interactive filed suit against Florida lawyer Jack Thompson in a preemptive move to keep him from filing his own suits against the publisher to prevent the upcoming releases of its Grand Theft Auto IV and Manhunt 2 games.

Thompson promised to strike back, and today he filed his response to the Take-Two suit, along with a countersuit accusing the publisher of multiple violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), specifically a continued effort to violate his constitutional rights since July of 2005.

As for his defense in the initial suit, Thompson said it is an attempt by Take-Two to violate his First Amendment right "to petition the government for a redress of grievances." The Take-Two suit seeks to have Thompson barred from filing suit to have its games (or any games) declared a public nuisance in Florida. It would be a crime to sell any game declared to be a public nuisance, effectively banning such games in the state. Thompson said the publisher's suit is unnecessary because the law already has protections built into it.

According to Thompson's defense, "Should Thompson improperly bring such an action against the nuisance of selling adult material to children under 17 years of age, there is an adequate remedy available to Take-Two to defeat such an action and to assess costs against Thompson, as provided by the statute itself. Thus, the attempt in this federal action to preempt the state approach which adequately protects both the public and the defendant in such an action if it has been improperly brought."

Thompson also called the publisher's request to be reimbursed for attorney's fees "absurd," noting that Take-Two filed the suit as a preemptive measure, not knowing what the size and scope of the legal battle with Thompson would be over his suit, should he even choose to file one.

As for the publisher's contention that a nuisance suit from Thompson would violate its own First Amendment rights, Thompson said it couldn't.

"All Take-Two would have to do is submit each game to a court of law to see if it contains material harmful to minors or if it does in fact constitute a nuisance of any kind under Florida law. The games are finished. There is plenty of time to submit the games, and doing so will not in fact impede their release--unless they are in fact harmful to children."

Thompson's defense also appears to contain a number of factual errors and misrepresentations. He claims the Entertainment Software Rating Board found that Take-Two Interactive failed to disclose objectionable content in its role-playing game The Elder Scrolls IV: Oblivion. The ESRB said it found developer Bethesda Softworks was at fault in that matter, not Take-Two.

Thompson also said that Bully was found to have "homosexual sex" hidden in the game, about which Take-Two "forgot" to tell the ESRB and the judge in last year's suit over the game's release. The homosexual activity in that game was limited to kissing, and the ESRB said shortly after that game came out that such scenes were considered in issuing it a rating of T for Teen.

When asked by GameSpot about these incongruities and others, Thompson replied "I'm sorry you can't figure these things out."

With his response to the initial suit out of the way, Thompson's countersuit opens with a few pages of background. He positions himself as a defender of civil rights, mentioning receiving threats on his life when he came out in favor of a fair housing law to end segregation in an all-white town in Ohio 38 years ago.

The background also includes a number of contentious remarks about Take-Two before enumerating his accusations. Thompson refers to Grand Theft Auto: Vice City as a "violence and sex simulation game" that perpetuates racial stereotypes, asking, "What else would one expect of Scottish sociopaths sipping their single malt Glenlivet in between brainstorming software programming sessions?"

He goes on to mention September 11, accusing the New York City-based publisher of "spewing its pop culture sewage to the world's children" from near the former site of the World Trade Center. Calling depraved US pop culture a recruiting tool for extremists, Thompson asks, "What is America's rebuttal to the Islamic Fascist recruitment call? This counterclaim is the rebuttal, not just to these terrorists but to Take-Two."

Later in the countersuit, Thompson draws parallels between himself and Jeffrey Wigand, the Big Tobacco whistle-blower portrayed by Russell Crowe in The Insider, saying that former Entertainment Software Association president Doug Lowenstein threatened to sue 60 Minutes to keep him from appearing on the program.

As for the actual claims in the countersuit, Thompson levied a number of accusations against the publisher. The countersuit reads, "In addition to the RICO predicate act of extortion (intimidation) of Thompson by Take-Two, Take-Two has committed other predicate RICO acts, including but not limited to fraud, distribution of obscene and/or sexual material harmful to minors, as already determined by the United States Federal government...and other predicate racketeering acts. Additionally, upon information and belief, Take-Two, through its Blank Rome lawyers, sought in Alabama to tamper with a witness in a pending criminal case, according to that witness' lawyer."

Thompson's counterclaim also accuses Take-Two of obstructing justice "by derailing an FBI investigation of its criminal infringement of the civil rights of Thompson by persuading the Justice Department, improperly, to drop that FBI investigation of Take-Two. This conforms to the now known politicization of the Justice Department by the Bush Administration on behalf of political cronies, none of whom is better connected than [Take-Two's legal representation] Blank Rome."

According to Thompson, Take-Two had still more help in breaking the law. The countersuit mentions a number of companies and media outlets--including the ESA, Penny Arcade, and GameSpot--as having collaborated and conspired with Take-Two to commit racketeering activities.

Thompson is seeking to be awarded damages and reimbursement of his legal fees.

1310 Comments

  • thousandfaces

    Posted Mar 23, 2007 9:29 am PT

    First of all guys, enough with the deathwishes, you are just fueling the fire. As for all this drama, don't expect much of a guy who rejected an open dialogue with the gaming community.

  • ACESandElGHTS

    Posted Mar 23, 2007 9:24 am PT

    ""All Take-Two would have to do is submit each game to a court of law to see if it contains material harmful to minors or if it does in fact constitute a nuisance of any kind"???? This guy is a nutcase. Thank God Take Two has sued him and I hope he's gagged permanently. Public nuissance? Yeah, that would be the legal pest Jack Thompson.

  • cloudstrife75

    Posted Mar 23, 2007 9:17 am PT

    games are fake. if kids dont get that, whether games triggered or not, they are bound to commit some sort of horrible violent act. keep using games as a scapegoat Thompson... but what are you gonna do when they are gone?

  • trey555555

    Posted Mar 23, 2007 9:16 am PT

    o_o whats next??? porno???? alot more kids get ahold of porno than M rated video games....

  • Duggla

    Posted Mar 23, 2007 9:15 am PT

    Jack Thompson should just find a dark, quiet, nice place and just...die

  • maxmax1234

    Posted Mar 23, 2007 9:14 am PT

    i followed the whole file suit and stuff, it just looks like he's angry on rockstar.... maybe the games where to expensive or they never wrote back

  • trey555555

    Posted Mar 23, 2007 9:13 am PT

    o_o whats next??? porno???? alot more kids get ahold of porno than M rated video games....

  • hivihyar

    Posted Mar 23, 2007 9:06 am PT

    No no, let him live, and lose this suit, with shame.
    Not actually thinking for the children, with such small insignificant issues, with all the violence and crime in the world, this will make no difference for it has no direct effect on youth.
    The only thing on his mind is money, glory and spot, backing him up with as supposedly righteous and just cause, or he actually believes it, and then he just arrogant.

  • Flipside1970

    Posted Mar 23, 2007 9:05 am PT

    Yeah, because with Jack claiming that Gamespot is part of a huge RICO conspiracy, posting threats to kill is a REALLY sensible idea....

    Way to add points to his side.

  • segaraptor

    Posted Mar 23, 2007 9:04 am PT

    Ok, first of all, Kravyn81 and AL13NK1LL3R, that's exactly the response people like Jack Thompson hope gamers would have. You present a violent solution to the problem. Way to bat for the other team. Secondly, Thompson is clearly desperate to make a name for himself as a crusader for some cause or another. People have forgotten about his civil rights accomplistments, so he's trying something else. Why doesn't he go after movies? There's more f-ed up stuff in Saw II than in every game I've played combined. But the movie business is too big and too established. He thinks he's an opportunist, but really he's just a fame-hungry false do-gooder. I hope he fails spectacularly.

  • AL13NK1LL3R

    Posted Mar 23, 2007 8:54 am PT

    serioslly i'm goin kill him cause all he goin make everybody mad and pissed off and its just a game shhesshh...

  • XBotter

    Posted Mar 23, 2007 8:54 am PT

    I would love to see Take Two release a perfectly harmless game with no excessive violence or sexual themed content too see if Jack would actually sue them for that aswell. Because if he did he it would proof that he has gone insane.

  • Kravyn81

    Posted Mar 23, 2007 8:43 am PT

    Dude...somebody just knock this guy off. Bomb his car, put a sniper bullet through his ignorant head and end it all. This guy is nothing but a little cry baby nuisance.

  • krypto74

    Posted Mar 23, 2007 8:27 am PT

    Take two would have gone away after GTA2 if it weren't for this jerk. Just goes to prove, "Liberal policies always produce the exact opposite results"

  • Dragoon7485

    Posted Mar 23, 2007 7:57 am PT

    Steiner

    Even if the reasons you think he has for buying Take Two's stock are true, that doesn't explain why he tried to get the Seattle police to arrest the guys at Penny Arcade for extortion, or his correspondence with Scoot Ramsoomair of VG Cats. He also tried to sue Midway about Mortal Kombat Armageddon, is he also on their payroll?

    If it is true, then you'd have to admire his dedication, you know, risking jail time (the judge in the Bully issue just barely refrained from holding him in contempt of court) and possibly his law license, since if this keeps up, eventually someone's going to kick him off the Bar. His actions, while they do help Take Two's sales, go beyond the scope of viral/anti-marketing. And if it were the case that he was doing this because Take Two was paying him too, you'd think someone would have caught on by now.

  • ultimatlifeform

    Posted Mar 23, 2007 7:55 am PT

    Doesn't he have anything better to do, like joining the army and helping the cause over in Iraq? With any luck, he'll -- oh, bad thoughts there... must... keep... bad... thoughts... away!

    Seriously, Jack Thompson's an idiot. I never had any interest in Grand Theft Auto or Bully, anyway, but truly, Thompson's a total idiot. Grand Theft Auto is already rated M, what more can you do with it?! It's not even MADE for kids in the first place!

  • ShipwreckX

    Posted Mar 23, 2007 7:35 am PT

    Wow, sounds like paranoia and delusions from Jack. Maby he should be shipped to the luny bin for a weekend getaway, and Take-Two should give him GTA IV to relax with.

  • VolcanoMan001

    Posted Mar 23, 2007 7:10 am PT

    For once I would like to go to gamespot's website here and NOT see Thompson on the news...

  • Si-monster

    Posted Mar 23, 2007 7:00 am PT

    Bad move taking a jab at the Scots, Jack. Probably better keep your arse state-side hence forth.

    Si (Pissed off Jock).

  • Israels_Son

    Posted Mar 23, 2007 6:58 am PT

    How does this guy get so much publicity anyway? Is he wealthy? Well connected? Other-wise famous? Does he cup the balls just right?

  • Darkfield

    Posted Mar 23, 2007 6:56 am PT

    does somebody in Take-Two made something -- well ye know what I mean, dontchu? -- terrible to Jack when he was a lil'boy?! seriously I think Jack had some bad history with Take-Two.

    Jacky dude! the entire Gaming Community hates you. tbh I really appreciate next time I browse GameSpot, I see an article about JT found dead in his room, with a bullet -- well, that'd be a waste, I believe a bullet is more valuable -- between his eyes! then I will take deeeeep breath, and resume playing Oblivion with ease of mind.

  • theKSMM

    Posted Mar 23, 2007 6:54 am PT

    Thompson referenced the September 11th terrorist attacks, so I support his claims.

  • nappan

    Posted Mar 23, 2007 6:46 am PT

    Wow, he's completely off the deep end. Can anyone say "persecutorial delusions" three times fast? I mean really, a RICO case based on a conspiracy against a blowhard failure like JT?! Oy.

  • vivendidoom

    Posted Mar 23, 2007 6:36 am PT

    For the past five or so years, Jack thompson has always been on my list of **** that just needs a good old fashion cell to reflect on all the psycotic and illogical thoughts he has given to the gaming industry, and for some reason, i keep having this freekish idea that Thompson just needs to settle down, there are much worse things happening to children, like say their parents. Besides, I would blame the parent not the companies. the companies are doing their job which is creating enjoyable entertainment. The parents will buy this enjoyable entertainment for their kids because some parents can not grow a backbone when their kids cry and try to take advantage. just yestarday i was playing Gears with 5 6 year old KIDS!!! now, since i am 20 years old, this actually broke my heart. So i took charge cause their parents wouldnt, and booted them from my game telling them they have much better things to do in their lives than play bloody gory games at age six.

  • Chitown_lova

    Posted Mar 23, 2007 6:12 am PT

    Okay, if one other person uses what should be a solemn memory of such a devastating event (9/11) to further their political and/or personal agenda, I'm going to smack them.

    While you're blaming the gaming industry for terrorist activities why not point to Flight Simulator which allows you to fly your airplane into a building. That's the real culprit, you should sue Microsoft for encouraging this behavior.

    Or you should act like any other rational human being and realize that an intelligent person will know the difference between a friggin game and reality!

  • Dragon_Jedi0

    Posted Mar 23, 2007 6:06 am PT

    This guy lives in his own little world, doesn't he?

    You know, I bet he has every single game and game console ever created by man ever. Not for evidence that games are bad, but for entertainment. :3

  • Unassigned

    Posted Mar 23, 2007 6:02 am PT

    "Violated his civil rights"????? The problem with this country is too many people have too many rights. How about changing some of these "civil right" to "civil privilages". Is the poor guy offended?? too bad, no one has the right to NOT be offended.

  • dragonrojo76

    Posted Mar 23, 2007 5:36 am PT

    I really despreciate this guy... He´s the real Hazzard to the civil rights, the right to choose.

  • Smeagol001

    Posted Mar 23, 2007 5:34 am PT

    What does this guy know about Rights?

  • aots_twilight

    Posted Mar 23, 2007 5:18 am PT

    I recall this man promising would donate $10,000 to a charity designated by Take-Two CEO Paul Eibeler if any video game company would create a game including the scenario he described in the letter. "The scenario called for the main character, whose son was killed by a boy who played violent video games, to murder a number of industry executives (including one modeled on Eibeler) and go on a killing spree at the Electronic Entertainment Expo. Video game fans promptly began working to take Thompson up on his offer, resulting in the game I'm O.K - A Murder Simulator. Afterwards, he claimed that his proposal was satire, and as of February 2007, he has not made his proposed donation.

    In response, Jerry Holkins and Mike Krahulik, the creators of gaming webcomic Penny Arcade and of the children's charity Child's Play, stepped in to make the donation instead, writing in the memo field of their check, “For Jack Thompson, Because Jack Thompson Won't.” Afterwards, Thompson tried to get Seattle police and the FBI to investigate Holkins and Krahulik for orchestrating "criminal harassment" of him through articles on their site. Other webcomics have regularly incorporated references to Thompson, alluding to this incident as well as others"

    Now he wants to be "awarded"... Man... you are seriously cashing in on this... Some "Advocate" you turned out to be...

  • deathgod35

    Posted Mar 23, 2007 5:18 am PT

    God, can't this guy ever shut up. This guy is an idiot. Saying "I'm sorry you can't figure these things out," when he was asked about the incorrect statements in his defence just shows how stupid he is.

  • samradar072

    Posted Mar 23, 2007 4:56 am PT

    Yep, he's an r-tard. My only fear is that if he keeps it up, somewhere, someday, someone will listen and he'll win one of the off-the-wall lawsuits and some ridiculous law will go into effect. If you throw enough **** against a wall, eventually some of it will stick.

  • may_m

    Posted Mar 23, 2007 4:25 am PT

    hmmm maybe take-two will add a jack thompson-like character to gta4. tom jackson or something. imagine violently killing a guy who complains about violence in games. ahhhh that would be sweet.

  • Coviehunter

    Posted Mar 23, 2007 4:22 am PT

    What an idiot...

    it's like "OMFG MOR3 THAN ON3 GROUP OF PEOPLEZ DON'T LYK3 M3! ONOZ CONSPIRACY!" - honestly he's more of a public menace than a benefit to society.

    Do us all a favor and crawl back into the hole you came into, Thompson.

  • Firestorm217

    Posted Mar 23, 2007 4:14 am PT

    video games have noooooooo effect on me what so ever....*eats a fire flower and throws fireballs at Jack Thompson*

  • NorthernDrake

    Posted Mar 23, 2007 3:29 am PT

    For gods sake! This Thompson guy is moron without equal!!!

  • abang_neo

    Posted Mar 23, 2007 3:12 am PT

    At least all news about JT always bring something positive to gaming community; no fanboys-bashing, each and everyone of us agree in one thing that JT is a complete jack@$$ .

  • xche78x

    Posted Mar 23, 2007 3:04 am PT

    this issue got worse.
    hey jack have you seen what you've done lately,
    you brought chaos to the gaming world,
    suffering to all your relatives due to you uneducated actions.
    you are not just waging war against take-two and all other you've mentioned,
    you have just waged wars to all gaming people,
    omigosh gamers are everywhere, you turned them into became violent and arrogant towards you and your relatives.
    i hope God helps you cope your wrongdoings.

  • imautobot

    Posted Mar 23, 2007 2:57 am PT

    Its like he's got a death wish or something. Problem is, people with causes usually become martyrs for their cause if you kill em. So unfortunately we have to just sit back and watch the clown do his dance. Let's face it, he's not going to accomplish anything. So let the big bad wolf huff and puff, these pigs have a house made out of granite. Good luck JT. GOOD LUCK!

  • Paxil_Boy

    Posted Mar 23, 2007 2:27 am PT

    Jack should go after the original games before taking on the new ones. Like. SPACE INVADERS: Promotes Xenophobia. PAC MAN: Promotes the idea that drugs can solve all your problems. FROGGER: Promotes vehicular cruely to amphibians. SIM CITY: Population growth implies procreation. DIG DUG: Implies that nitrious oxide or other volitile compressed gasses are safe for use by children in a garden atmosphere.... Boy Jack, you've been barking up the wrong tree.

  • mixhawkeye

    Posted Mar 23, 2007 2:21 am PT

    I know what happened. The bossman over at take-two $crewed thompsons girl back in high school and now Thompson wants revenge. Tragic yet classic.

  • alishareef

    Posted Mar 23, 2007 2:06 am PT

    "Calling depraved US pop culture a recruiting tool for extremists"

    What is he trying to say ?

  • bigcrusha

    Posted Mar 23, 2007 2:00 am PT

    LoL, even if this nut-job actually wins this defense, the entire videogame community in Florida will want his head. If this isn't his last attempt, next he'll go to Bungie and Halo3, then Microsoft game studios and epic games for the release of gears of war 2. Maybe even take this as a decision country wide instead of a state one. There should be a law against his reasoning. He says he's protecting children yet every child on the continent will hate him after what he'll probably end up doing.

  • Phaje

    Posted Mar 23, 2007 12:21 am PT

    whatever, that guy's a ing loser anyway. is this his huge, diabolical plan he was ranting about when take-two sued him the other day? ZOMG, how will they ever stop him now?!?!?!

  • alsha3er78

    Posted Mar 23, 2007 12:12 am PT

    will you find something else in the news already? this is the 3rd day that i had to look at that guys face, and it's despresing me.

  • weathertrooper

    Posted Mar 22, 2007 11:59 pm PT

    I find it sort of sad that alot of Thompson's job revolves around trying to destroy Take-Two. I doubt that he could go as far as even touching them. And what is this about Take-Two having to submit violent games to a Florida court? Why only Take-Two? Alot of games have decent amounts of violence nowadays. I don't like GTA anyway, finding it boring, but Take-Two and Rockstar have Freedom of Sppech, so whatever.

  • mrchiledonut

    Posted Mar 22, 2007 11:51 pm PT

    Is this guy stupid or what? It brings some people out of reality so they don't need to kill anyone in real life, you just kill in a video game. It doesn't provoke any such violents in real life because it's not needed. Why I said this about the provoking even if it doesn't mention any of it in the article it always leads to this. If there weren't violent video games it would be anarchy for a lot of people. Also, a real person knows from right and wrong. People like Jack Thomas don't deserve to have any saying in video games because all they do is search for violence and put down all video games in general because of a few things in a couple of games.

  • Beesond

    Posted Mar 22, 2007 11:49 pm PT

    What a loser... i hate people like him.

    If you teach your kids right, then it doesn't matter what they see

  • harriskhan_18

    Posted Mar 22, 2007 11:22 pm PT

    Hmm this guys plays a lot of games to haha.. .. I bet he plays GTA all day when he has nothing else to do...

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