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The Courts Government Entertainment Games News

Infinium Labs Threatens Gaming News Site 340

Posted by michael from the talk-is-cheap dept.
Over the past year or two, Slashdot has run a number of stories about Infinium Labs and their Phantom Game Console (that phrase still makes me smile, every time). I think we've been generous to them, taking their game console talk at more or less face value, despite the vaporous nature of the product. Now they've decided that threats are a better plan for improving their image than producing a real product, and threatened HardOCP over an older news story. Our own Robin Miller has talked to Infinium and written up his impressions of the situation.
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Infinium Labs Threatens Gaming News Site More

Infinium Labs Threatens Gaming News Site

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  • Litigious Bastard Powers, Activate! (Score:5, Funny)

    by Valdrax ( 32670 ) on Friday February 20, 2004 @12:10PM (#8339942)
    What, are they gonna sue Penny Arcade too?

    Dude, Whoa [penny-arcade.com]
    I Hate The Stupid Phantom [penny-arcade.com]

    • Re:Litigious Bastard Powers, Activate! (Score:5, Funny)

      by Didion Sprague ( 615213 ) on Friday February 20, 2004 @12:24PM (#8340091)
      Is this Phantom thing the same as the 'Zapstation?'

      I pre-ordered the ZapStation five years ago. Someone said it was running on a Celeron 333.

      I got a pretty good price. Anyone know when they're shipping?

    • Stupid Moron Powers, Activate! (Score:3, Funny)

      by Anonymous Coward
      They advertise a fast AMD Athlon XP 3200+ processor on a high speed Intel motherboard. Man, I would have liked that back with my Athlon 1.2 GHz. That VIA chipset sucked, everyone knows Intel makes the best chipsets!

    • IANAL (Score:5, Interesting)

      by Attaturk ( 695988 ) * on Friday February 20, 2004 @12:59PM (#8340378) Homepage
      I dunno. With a background like that of Tim Roberts and a product named "Phantom", I'm sure I could be forgiven for thinking that perhaps this was the strategy from the start.

      1. Produce hype and raise investment for a product that sounds like, looks like and feels like it's going to be vapourware.

      2. Wait until the hordes of enthusiast web sites start labelling the product vapourware.

      3. Sue the crap out of one of the smaller, juicier targets on the basis that they're having an financial impact on the product's ongoing development.

      4. Rinse, repeat steps 1 and 3 until you've raised so much money you can either a) actually build the product or b) do a runner.

      5. Well, profit. =P

      Maybe I'm just a little jumpy in this SCO-et-al era. I'm not trying to bait but I would genuinely love to hear some /. IANAL's and IAAL's debunk this particular conspiracy theory. :)

    • Okay, I give up (Score:5, Funny)

      by stwrtpj ( 518864 ) on Friday February 20, 2004 @03:22PM (#8341963) Journal

      I give up. I can't tell the litigious bastards without a scorecard anymore.

      Okay, someone clue me in. Which litigious bastards are we supposed to be angry at now?

      These litigious bastards [sco.com] ...
      these other litigious bastards [riaa.org]...
      now these litigious bastards [infiniumlabs.com] ...
      or perhaps (and oldie but a goodie) these litigious bastards [scientology.org]

      Man, that's going to be an awful lot of HREFs to compile in my posts to talk about anybody on Slashdot anymore.

  • Way to win over potential customers (Score:5, Insightful)

    by mwheeler01 ( 625017 ) <matthew.l.wheeler@NOsPam.gmail.com> on Friday February 20, 2004 @12:13PM (#8339976)
    I thought this kind of behavior was reserved for companies that could afford to lose customers or that had an existing customer base. What do they wish to gain? Slander is difficult to pin on someone especially new organizations if you're in the public eye.

    • Re:Way to win over potential customers (Score:5, Funny)

      by Naito ( 667851 ) on Friday February 20, 2004 @12:19PM (#8340042)
      um, like SCO? what customers?

    • Actually, it's libel. (Score:5, Insightful)

      by *weasel ( 174362 ) on Friday February 20, 2004 @12:27PM (#8340134)
      Slander regards spoken insults, in print it's called libel. That aside, it isn't libel if it's the truth. So long as nothing HardCOP said was fabricated - it's an open and shut deal. Infinium is just wasting even more time and money not making games.

      Why the hell does Infinium labs care now, five months later? If they felt wronged by the story, you'd think they'd have at least demanded a retraction back when it broke. So my guess is that this is the only way they can get back in the headlines anymore. They probably had some press release recently that was passed over by the media - so now they're fighting to be remembered.

      • Re:Actually, it's libel. (Score:4, Insightful)

        by calbanese ( 169547 ) on Friday February 20, 2004 @01:03PM (#8340425) Homepage
        Actually, if they were disparagin the product, its not slander or libel. Those are reserved for people. If its a product, its injurious falsehood.

        • Re:Actually, it's libel. (Score:5, Interesting)

          by Winkhorst ( 743546 ) on Friday February 20, 2004 @01:24PM (#8340602)
          Doesn't there actually have to BE a product?

          In any event, I just sent the following email to their corporate lawyers, who, amazingly enough, go by the acronym MOFO:

          Gentlemen:

          First let me say that your corporate name, MOFO, sounds as if it were specifically designed to strike fear into the hearts of anyone you deal with. Or perhaps you just don't understand the slang meaning of the term MOFO.

          I have just read the article, "Behind the Infinium Phantom Console," at the HardOCP site against which you have apparently issued a nasty letter in your best lawyerly legalese. I am curious, since I take the idea of freedom of speech quite seriously, just why exactly your client and you refused to supply the above mentioned site with any information as to what exactly you found inaccurate or distressing about that article. Personally, I found it quite enlightening and informative. Just for the record, just what exactly DO you find inaccurate about this story? I am always interested in learning the truth and I look forward to your reply so that I may further my knowledge of this company and its director.

          Regards,

          [deleted]

          • I'm eagerly awaiting the movie... (Score:4, Funny)

            by MarkGriz ( 520778 ) on Friday February 20, 2004 @02:11PM (#8341137)
            MoFo: The Phantom Menace

          • Re:Actually, it's libel. (Score:4, Informative)

            by plenTpak ( 543323 ) on Friday February 20, 2004 @02:14PM (#8341163) Homepage
            mofo's been featured on slashdot before: http://slashdot.org/article.pl?sid=02/03/15/195620 0 [slashdot.org]

            mofo seems to be a contraction of Morrison & Foerster LLP.

    • They have no intent to sue (Score:5, Insightful)

      by blorg ( 726186 ) on Friday February 20, 2004 @12:29PM (#8340151)
      I thought this kind of behavior was reserved for companies that could afford to lose customers or that had an existing customer base. What do they wish to gain? Slander is difficult to pin on someone especially new organizations if you're in the public eye.

      They have no intent to sue. They just hoped that by sending a threatening letter they might get HardOCP to take down an article [hardocp.com] that might scare away the venture capitalists that they want to extract money from.

      • cock pistol, aim at foot, fire...ouch! (Score:5, Insightful)

        by rbird76 ( 688731 ) on Friday February 20, 2004 @01:36PM (#8340701)
        Good idea Infinium! Now everybody knows about the article you didn't want them to see. Intimidating people into not revealing inconvenient facts only works if you're big enough and ruthless enough to scare the people who have the information into submission. Since you aren't big enough to do that, people are willing to stand up against you - and the information you wanted to keep away from the world is spread about for all to see.

        Your response to the article should tell your prospective investors that you're not smart enough to actually deserve their money or to use it wisely.

    • I thought this kind of behavior was reserved for companies that could afford to lose customers or that had an existing customer base.

      They already have 25 million units sold, and they're moving more all the time.
    • Before this i'm sure even most of those who read the original Slashdot article forgot or didn't know about what was going on.

      Thanks to their frivilous lawsuit everyone and their dog will know about it. I can't imagine this sort of thing will be good for business.

      • Quite Right. (Score:4, Insightful)

        by RLW ( 662014 ) on Friday February 20, 2004 @12:59PM (#8340381)
        I had never heard of this letter the flap was linked here. If the intent was to remove the article in hopes it would not be noticed by more people, they have failed in a big way.

        It's sort of like when the Catholic church say we should boycott a movie. One that many have never heard of until the publicity of the boycott helps to a) make more people aware of the movie and b) pique the interest of those who may wonder, "What's the big fuss, maybe I should go see it to check out the hub-bub."

        Had this letter never been written, then it would not have been linked and I would never have seen it. By Show of hands how many here are seeing this for the first time?

    • Remove everything (Score:4, Funny)

      by john82 ( 68332 ) on Friday February 20, 2004 @01:07PM (#8340465)
      The only thing that [REDACTED] gets out of this is publicity. Over and over they have proved to have absolutely nothing: no offices, no capital, no product, no sense.

      I would suggest that we cease and desist with ANY discussion of non-existant companies suing over non-existant damage arising out of non-existant product. Therefore HardOCP, Slashdot, et al should simply remove all references to [REDACTED] and their alleged console the [REDACTED].

      It's the only way to ensure that such sites aren't the victims of spurious legal action. Else they'd be accessories to fraud for perpetuating information about things that don't exist.

    • Re:Way to win over potential customers (Score:5, Interesting)

      by EvilAlien ( 133134 ) on Friday February 20, 2004 @01:27PM (#8340623) Journal
      I don't think they are at the "potential customer" phase of their business plan. I believe they are still at the "potential product" phase, since Rob's articles suggests they have finally passed the "potential office space" phase.

      The Phantom isn't vaporware... the COMPANY is vaporware. These guys are probably failed spammers... what is Bachus going to have once Infiniwhatsit strips him of his credibility?

    • "hmmm... We have this console, which has been running for two years, 25 million dollars in venture capital, offices on both coasts, 60 onboard developers, and boxes and boxes of beta units just ready to go, but people still think we're vaporware. How do we let gamers know that we have a real product ready to sell for the 2004 christmas season?"

      "I know! Let's sue a journalist!"

      "No, no. Too harsh. All people want is a solid, physical unit shipped to a news magazine like IGN for their inspection. Why d
    • The project is a goner long ago. Getting the article removed is simply an attempt to cover his tracks before he launches another scheme to vacuum up investor money. He doesn't want some future journalist to dig this up when he's doing a new song-and-dance for the monied crowd.

  • Go Infinium.. or something.. (Score:5, Insightful)

    by grub ( 11606 ) <slashdot@grub.net> on Friday February 20, 2004 @12:13PM (#8339981) Homepage Journal

    I'm no legal strategist but wouldn't it be smarter for Infinium to actually demo one of these consoles then go after HardOCP for slander/defamation/whatever? Right now it sounds like they don't like the attacks on their vapourware. My idea assumes, naturally, that Infinium actuall has a Phantom console to demo...

    Infinium needs to shit or get off the pot (ala SCO)
    • I'm an annoying punter but wouldn't it be smarter for Infinium to actually demo one of these consoles...

      The Phantom console is real. It was demoed at CES [1up.com]. Penny Arcade, HardOCP, and other so-called "news sites" are slandering the company. I don't need to tell you how poor of an "editor" Michael Sims is for publishing such a biased article on Slashdot.

      Sincerely,
      Seth Finklestein
      Game Industry Maven

      • Re:Go Infinium.. or something.. (Score:5, Insightful)

        by The Gline ( 173269 ) on Friday February 20, 2004 @12:27PM (#8340132) Homepage
        That they had a prototype unit up and running does not make it real. Real is when they have them coming off the assembly line and available in stores.

        The negative news surrounding the company is because they have promised the moon and delivered squat. Game library: no show. Alliances with developers: zilch. The unit itself? As far as I can tell, ONE prototype was demoed. A prototype is not proof that the device is being mass-manufactured.

        Can I buy the console? No. Can I play anything on it? Not really. Ergo: vapor.
        • From what I've seen they have yet to show a working prototype that is actually playing games on it. They have a giant aluminum box with a PC case concealed entirely within it that they plug in and the logo on the front lights up.

          When I first heard of the Phantom I assumed it was one of those startups that exists for the purpose of failing but getting the founders paid while it happens. There's a lot of dumb people out there with a lot of money to throw around. At this point though it seems like they're goi
        • The prototype proves one thing:

          They can demonstrate a nice PC case mod.

          They have NOT demonstrated the ability to for example produce peripherals. They are using off the shelf logitech peripherals, as demonstrated in their screenshots [phantomgaming.net].

          And I could easily be wrong, but the Phantom logo on that logitech keyboard just looks photoshopped on to me.

    • Not an attack on the hardware, per se... (Score:5, Insightful)

      by Valdrax ( 32670 ) on Friday February 20, 2004 @12:26PM (#8340108)
      Actually, the HardOCP article is more of an attack on the credibility of the founder of the company. While it's nothing but a listing of hard facts, it paints a very bleak picture of Tim Robert's competence as an entrepreneur. Essentially, it charges that many of the companies he worked for were failures, and the only ones which are still operational (or could at least be contacted) had family members working in high places there. The only exception to this is a company that went IPO a couple of years after he left and then sunk to the point of being threatened with delisting. They basically come out and say that the man is a multi-time loser who has wasted millions of investor dollars and whose business doesn't even have a physical office -- just a bunch of press releases.

      As a news organization, HardOCP has a lot going for them in a slander/libel case. The only thing I think which they might be liable on is the implication (not a direct statement) that Tim Roberts being at WorldCom was somehow related to the bankruptcy of WorldCom.

      As for the trademark violations, IANAL, so I don't know how liable a news organization can be for using a company's name and logo in a report without their permission. I doubt that they're going to be in any serious trouble, so long as they go back and place "tm's" on everything, but trademark law has surprised me many times before.

    • Re:Go Infinium.. or something.. (Score:5, Interesting)

      by hchaos ( 683337 ) on Friday February 20, 2004 @12:26PM (#8340116)
      I'm no legal strategist but wouldn't it be smarter for Infinium to actually demo one of these consoles then go after HardOCP for slander/defamation/whatever? Right now it sounds like they don't like the attacks on their vapourware. My idea assumes, naturally, that Infinium actuall has a Phantom console to demo...
      It would be smarter, because they could then show that the HardOCP's statements were in fact false, which is necessary for a libel or defamation claim, but they wouldn't win anyway, because they would still have to show that HardOCP knew the statements were false. And the "use of Infinium's proprietary images ... with the intent to tarnish Infinium's image and dilute the value of its name" isn't going to get them anywhere, because HardOCP is a news organization, and has a lot of protections against this kind of thing, and definitely is not subject to trademark issues on this matter.

      The letter is probably nothing more than legal posturing, intended to scare the little guy, but of little use to anyone who has their own lawyer.

  • What a great way to get gamers to buy your product (Score:5, Funny)

    by Anonymous Coward on Friday February 20, 2004 @12:13PM (#8339989)
    Sue a well known gaming website.

    /Guinness beer dude

    BRILLIANT!

  • Bad move (Score:5, Interesting)

    by zeux ( 129034 ) * on Friday February 20, 2004 @12:15PM (#8340010)
    We did the same with DNF but 3D Realms never did something like that.

    That's maybe why lots of people here still think DNF is not vaporware ;)

  • The next step... (Score:5, Funny)

    by zz99 ( 742545 ) on Friday February 20, 2004 @12:16PM (#8340015)
    The next step in their buisness plan is perhaps to do a SCO

    How about suing another console vendor for $1 Billion for infringing on IP in their vaporware console?

  • Losers. (Score:5, Funny)

    by Black Parrot ( 19622 ) on Friday February 20, 2004 @12:16PM (#8340018)


    I preemptively named my software company The Vapour Software Company, so that when people read articles about my late products they just think the writer is mentioning the name of my company again and again. The later my producs, the better the free advertising!

  • In other news... (Score:5, Funny)

    by Anonymous Coward on Friday February 20, 2004 @12:16PM (#8340023)
    This will be the first console that will have a port of Duke Nukem Forever.

  • How To Make Friends, corporate edition (Score:5, Funny)

    by American AC in Paris ( 230456 ) * on Friday February 20, 2004 @12:17PM (#8340028) Homepage
    Lackey: Sir, we're not catching enough flies!
    President: Very well. Activate the Vinegar Device!

  • Is Andre Lamothe there? (Score:3, Interesting)

    by SpaceRook ( 630389 ) on Friday February 20, 2004 @12:19PM (#8340037)
    I seem to remember Andre LaMothe being associated with this project. Is he still there? The dude has put together some great game programming books.

  • Interesting Business Plan (Score:2, Funny)

    by Anonymous Coward
    Step 1: Alienate your potential customer base by threatening to sue anyone who says anything bad about you. And make sure to get as much bad press as possible, before the product is even released.

    Step 2: ???

    Step 3: Profit!

  • Time to make some money (Score:5, Funny)

    by MBraynard ( 653724 ) on Friday February 20, 2004 @12:20PM (#8340045) Journal
    Anyone else here want to short this publicly traded turkey?

  • Don't look behind the curtain (Score:5, Interesting)

    by curtisk ( 191737 ) on Friday February 20, 2004 @12:20PM (#8340046) Homepage Journal
    Is the VC cash running out? What are they trying to keep "under the radar"? Their CEO at least is making a grand living producing nothing.....is this bad press pissing on their gravy train perhaps?

  • In related news.... (Score:5, Funny)

    by reverendG ( 602408 ) on Friday February 20, 2004 @12:20PM (#8340051) Homepage
    SCO announced today in a press release that they have acquired ownership of Infinium Labs and all rights to the Phantom game console.

    In news related to this related news, legal procedings have been initiated against Slashdot, Penny Arcade, and the chick who used to work for Infinium who said something on Slashdot.

  • This is damn sad. (Score:5, Insightful)

    by The Angry Mick ( 632931 ) on Friday February 20, 2004 @12:20PM (#8340055) Homepage

    While I have to give props to Roblimo for having the courage to have a bit of satirical fun with this, it almost makes me want to cry to realize that things have gotten this absurd.

    Has the business world become so totally detached from reality that they honestly believe that they shouldn't be criticised for something as blatantly bullshit as this? What kind of strange alternate reality is this company living in?

    • Re:This is damn sad. (Score:5, Interesting)

      by The Wing Lover ( 106357 ) <awh@awh.org> on Friday February 20, 2004 @01:45PM (#8340782) Homepage
      What kind of strange alternate reality is this company living in?

      The United States of America.

    • Re:This is damn sad. (Score:5, Insightful)

      by Nic-o-demus ( 169477 ) <jwecker.entride@com> on Friday February 20, 2004 @02:10PM (#8341121) Journal
      What kind of strange alternate reality is this company living in?

      The reality of greed. I've known people like this. I agree completely with you- it's very, very sad. There is a kind of personality that craves "luxeries." Even before they have made any money, if they go on a business trip, they like to be in the nice hotel, to sit in the hot-tub, to eat expensive chocolates. Then they get some money, usually through some fluke or because some other greedy person has been duped, and then for the rest of their lives, they feel like they deserve that kind of income. So then they spend the rest of their lives (or until they have a real life changing experience *cross fingers*) doing everything they can to maintain it. They sponsor nascars, they buy stock in airlines, they blow through venture capital without any accountability or sense of responsibility- it's simply the money they deserve. A lot of criminals (of the enron sort) are made this way.

      It's worse than a drug habit, because the whole world is telling them on some level that what they're doing is "success." As inneffective as it often is, it is good that society in general can tell a person "your drug habit is destroying your life." In the world of greed, though, this rarely happens. Instead, the person is circled by his greedy lawyers (tm) and business friends and political friends in high places. (I'm not saying those professions are all greedy- it's just that the greedy among them clump together).

      Anyway, whether you make money or not, if you feel you would ever be susceptible to that feeling/habit, the one thing that we as humans can do despite popular culture's teachings is change our own character and personality with concious effort. The reason "Riches Don't Make you Happy" sounds so cliche is because it's true. And yet how many of us can actually be honest with ourselves and admit we believe that money will make us happier. Anyway, now I'm rambling. That's my brief overview of the altered reality of greed.

      For the record- I LOVE INFINIUM LABS! Those terrible things the journalists said about you can't be true, and nothing I said in this post should in any way be construed to be referencing any of your noble founders.

      • Sycophantism (Score:4, Insightful)

        by The Angry Mick ( 632931 ) on Friday February 20, 2004 @06:41PM (#8344809) Homepage

        I once had a sig that read "It's easier to listen to a sycophant, than a critic", and, after reading the above I was reminded of a criminology book I once read (apologies for not being able to remember the title) that posited the theory of "right-brain thinking" as one of the principle sources of criminality in man. In right-brain theory (if it can be called a theory), individuals learn from early childhood that satisfying the ego comes first, above all else . This leads to a rigid adherence to a "me first" attitude in every aspect of life. In essence, right-brainers mature with little to no self restraint, living every day in a constant state of "gimme now!!!" possessiveness. Anyone that tries to "oppress" the selfish behavior is automatically perceived as the "enemy", while those that encourage it are blessed as companions in arms.

        Reading about this Infinium nonsense, and thinking over what you wrote, made me wonder: could capitalism will prove to be the greatest curse that mankind ever brought on itself? Could we be creating generations of right-brainers, all feeding one another's egos for the sole purpose of eliminating all competition?

        • Re:Sycophantism (Score:4, Insightful)

          by Nic-o-demus ( 169477 ) <jwecker.entride@com> on Friday February 20, 2004 @07:11PM (#8345128) Journal
          Could we be creating generations... all feeding one another's egos for the sole purpose of eliminating all competition?

          I would say that capitalism in its most raw form did exactly that. Hence we had (and some countries still have) problems with child labor, destructive monopolies (ahem), etc. etc. The thing is, when groups of right-brainers as you call them get too large, even capitalism spits them out. All the advances we've made in capitalism, from child-labor laws to employee-stock ownership plans, to new SEC oversight and laws that make Enron-type things not happen, are all the public reacting and plugging up another hole that greed exploited. It's comforting to know that capitalism + democracy patches those holes up, and while it will never eliminate greed, it does keep things in equilibrium more or less.

          But as for the individual that suffers from it... That's the travesty.

          Slashdot's reaction to this guy is a perfect example how society tolerates that right-braindness to a degree, but once they feel someone has crossed a line, it's a steep, slippery slope, and their 'friends' don't tend to stick with them, even if they're involved in the fall.
    • No. They just realize that they have a chance of getting away with it. The only thing they believe in is power and money - for them. It's a very prevalent attitude right now, and it's really, really screwing up commerce in the US. Almost as much as the insane governmental regs.

  • [H]ardOCP's response: (Score:5, Informative)

    by freidog ( 706941 ) on Friday February 20, 2004 @12:20PM (#8340057)
    I have extended HardOCP.com's pledge to correct any and all possible inconsistencies or errors in our editorial entitled "Behind the Phantom Console" personally to Timothy Roberts and Kevin Bachus of Infinium Labs and they have yet to inform HardOCP.com of any information we presented as being not correct. This courtesy was extended on September 17, 2003, the date the article was published and has been extended several times since then with no reply ever being received by HardOCP.com. It is my opinion that Infinium Labs' only interest is stifling HardOCP.com and our opinions. HardOCP.com still stands by our thoughts and opinions put forth in our editorial and no amount of legal badgering and frivolous lawsuits will change those opinions that we have shared with our readers.
    _____________________________
    Kyle Bennett
    Editor-in-Chief @ HardOCP.com

    Nice to see they have no intention of rolling over.

  • Good for HardOCP! (Score:4, Interesting)

    by NSash ( 711724 ) on Friday February 20, 2004 @12:20PM (#8340060) Journal
    This is our official response in regards to this matter:

    I have extended HardOCP.com's pledge to correct any and all possible inconsistencies or errors in our editorial entitled "Behind the Phantom Console" personally to Timothy Roberts and Kevin Bachus of Infinium Labs and they have yet to inform HardOCP.com of any information we presented as being not correct. This courtesy was extended on September 17, 2003, the date the article was published and has been extended several times since then with no reply ever being received by HardOCP.com. It is my opinion that Infinium Labs' only interest is stifling HardOCP.com and our opinions. HardOCP.com still stands by our thoughts and opinions put forth in our editorial and no amount of legal badgering and frivolous lawsuits will change those opinions that we have shared with our readers.

    It's good to see a website refusing to be intimidated by spurious legal threats. To often, all it takes is the sound of a lawyer clearing his throat to get a website owner to panic and pull content. Of course, HardOCP is not exactly a two-bit operation, and Infinium Labs is far from a massive corporation, but I'll take my victories where I can. Here's to the free press.

    • Re:Good for HardOCP! (Score:3, Interesting)

      by Kris_J ( 10111 ) *
      Or they could just purge every mention of the Phantom from their website and wash their hands of it. I know it would look like they were giving in, but honestly I don't think I'd want my website to show up on a Google search of "Phantom Console" or "Infinium Labs".
  • for something they don't own/have.

    *COUGH* Sco *COUGH*

  • $1,250,100 ... (Score:5, Funny)

    by Magus311X ( 5823 ) on Friday February 20, 2004 @12:21PM (#8340067)
    $1,250,100.

    Is it just me, or is anyone else wondering about that $100? I mean, $1.25 million is a nice, round number. Easy to remember and deal with, but that $100 extra is some sort of ugly wart at the end.

    What is it? A birdbath? Prettier shingles? What honestly adjusts the price of a house by $100?!

    ----- ----- -----

  • Article In Question... (Score:3, Informative)

    by Metal_Demon ( 694989 ) on Friday February 20, 2004 @12:23PM (#8340086)
    I believe This [hardocp.com] is the article in question.

    Anyways, anybody who is trying to sell stuff to the geek community needs to realize that most geeks just get pissed off by these companies bitching about stuff like this. Making threats(bullying) and trying to censor people(notice the .sig) annoys me.

  • Best Damn Gaming Company on the Planet (Score:5, Funny)

    by toupsie ( 88295 ) on Friday February 20, 2004 @12:24PM (#8340094) Homepage
    Even though Infinium Labs hasn't released one product for the consumer gaming market, I would like to be on the record saying that Infinium Labs is the best damn gaming company on planet earth and the COO has a nice house.

    Just covering my bases...I hate lawyer letters...

  • Website gone? (Score:2, Funny)

    by Talvi ( 728682 )
    Is it just me or has their website vaporized as well?

  • seems like their site is down.. (Score:5, Funny)

    by ashot ( 599110 ) <ashot AT molsoft DOT com> on Friday February 20, 2004 @12:26PM (#8340115) Homepage
    The console must also double as a server.

  • hah (Score:5, Funny)

    by Loie ( 603717 ) on Friday February 20, 2004 @12:34PM (#8340195)
    anyone else find it humorous that the lawyers who wrote the threat letter are at www.mofo.com ?

  • credibility... (Score:5, Funny)

    by gbjbaanb ( 229885 ) on Friday February 20, 2004 @12:37PM (#8340223)
    After all, Bachus is a seasoned pro [...] in an interview with gamesindustry.biz published January 29, 2004, he said, "I plan to be working in this industry, hopefully at Infinium but if not then somewhere else, for a long time, and ultimately all I have is my credibility."

    What, no skill, talent, experience, vision, morality or integrity? That damn journalist must have cut those bits out to save on his word count.

    (though, to be fair - from a slashdot editor, I would have expected : 'All I have is my credibilty, and my credibility').

  • I think HardOCP should agree to remove the article (Score:5, Insightful)

    by inkless1 ( 1269 ) on Friday February 20, 2004 @12:38PM (#8340232) Homepage
    But I would take it even further, following Robin's strategy.

    Just remove all articles. Inifinium has produced nothing but laughable trash when it comes to PR anyway and I don't think the gaming industry needs any more from blowhard vaporeware merchants. Don't give these guys any soap box, good bad or otherwise, in which to con venture capitol from anyone else. Especially with the clear lack of respect they have for the online community you would think they would want to entice.

    Just make them vanish. I mean jeebus, these were the rocket scientists who couldn't get an online email form to work right - who thinks they can produce a secured broadband game delivery console before Sony and MS swallows up the market?

    They want the "truth" to come out? Fine. Let them put a product on the shelves. Until them, just blackball them from the web.

  • next up at [H]ardOCP (Score:3, Funny)

    by WormholeFiend ( 674934 ) on Friday February 20, 2004 @12:44PM (#8340273)
    an "Infinium Phantom Console" PC case modding contest. ;-)

  • Two ways to respond. (Score:3, Interesting)

    by vitaflo ( 20507 ) on Friday February 20, 2004 @12:47PM (#8340290) Homepage
    If Infinium really wanted to shut up HardOCP, they could take one of two actions. They could either file a silly lawsuit, or actually show the console working and playing games to the press.

    Given the fact that they chose the former, I think it's speaks volumes about what sort of product (or in this case lack of one) they have to show, and makes HardOCP's article all the more credible.

  • Product? (Score:4, Insightful)

    by KeeperS ( 728100 ) on Friday February 20, 2004 @12:47PM (#8340291)
    Shouldn't Infinitum Labs be more concerned about, you know, getting some sort of product out on the market? The fact that they're suing seems to prove that the Phantom is nothing more than vaporware. If you have an actual product that's actually going to be worth buying, suing only pisses your customers off. If Infinitum Labs was really worried about the claims made against them, they should try and disprove that information or at least put an optimistic spin on it.

    So, to Infinitum Labs, I say this: release your console! At the very least, demonstrate that this isn't some ploy to bilk money out of investors. What's that, Infinitum Labs? You say you can't do that?

  • I have seen this type of scam before!! (Score:5, Funny)

    by nexusone ( 470558 ) <nexusone@bellsouth.net> on Friday February 20, 2004 @12:52PM (#8340324) Homepage
    Just think if you can fool a few rich people or companies, you too can live in a 3 million dollar home and not have to do any real work!!!!

    Scam #1: Start a business in a hot area, get a few componies interested in your idea's. Get investers interested in your company, but telling them how companies are dying to buy your new product. Then sale the company before people realies there is no product and it starts fold.

    Scam #2: Tell investers you have a new product idea for a hot market, get them to invest lot's of money. Then pay yourself an outragous salary, until you have used up all the investment. Then say you were a victem of a tough market.

  • using google's power to discredit phantom (Score:4, Interesting)

    by jdkane ( 588293 ) on Friday February 20, 2004 @12:57PM (#8340359)
    Beyond the fight about the article itself, I am most surprised at how Google's power is used to effectively and accruately trace the owner's history. The article in question also makes effective use of the Google cache to point out content at a specific point in time.

    It seems the Phantom gaming company is subject to the power of Google. I'm surprised they haven't sent legal letters asking Google to remove them from cache (maybe that's happened already -- I didn't read all of the related articles associated with the main articles).

    I'm not surprised that Google is powerful, but instead how easy it could be used against somebody. It's a real eye opener, and potentially frightful to any public/coroporate figure.

    Even for non-famous individuals, like most of us, this can be scary. For example, as we go through life some of our values and beliefs change based on the journey. However a repository of what you *were* like and what you *did in the past* might not accurately reflect what you are today. The use of information can sometimes be scary.

    • Who puts this on their resume, unless they are just trying to stream a line of BS.
      Quickbooks, Quicken, CuteFTP, WINRAR, WINACE, WINZIP, Windows Media Player, Real Player, Roxio Easy CD Creator, all internet browsers and most others.
      I removed some of the stuff that was acceptable on a resume, but who asks if you can use Winzip or WMP. That's like asking if you can use the microwave.

  • Legal grounds (Or: ROTFLMAO) (Score:4, Insightful)

    by Anonymous Coward on Friday February 20, 2004 @12:58PM (#8340374)
    Threatening action against a news site under the Federal Trademark Dilution Act (43(c) of the Lanham Act) is tantamount to putting a leash on a kitchen sponge and calling it a housecat.

    FTDA was intended to protect famous trademarks from being "diluted" through third-party derivative use. Unfortunately for Infinium, they'd have trouble simply proving their mark is "famous" in the legal sense of the term ("famous" for what? Vapor?). Even worse for them, injunctive relief under FTDA now adheres to an "actual harm" standard (Moseley v. V Secret Catalogue Inc., U.S., No. 01-1015, AKA "that Victoria's Secret case), which Infinium would be hard pressed to show.

    Finally, of course, their threat is absolutely meaningless because of the provisions of 15 U.S.C. 1125(c)(4)(C):

    The following shall not be actionable under this section: * * * All forms of news reporting and news commentary.
    Oops. How much they pay for that legal representation again?

    -Watchful.Babbler (*Still* no freaking password!)

  • Jiggery-pokery? (Score:5, Interesting)

    by karmaflux ( 148909 ) on Friday February 20, 2004 @12:59PM (#8340389)
    Can anyone decipher that [infiniumlabs.net]?

    ...and does anyone else suspect that this whole ordeal might be a front for the REAL BUSINESS [cafeshops.com]?

  • Infinium is actually really cool! Check it out! (Score:5, Funny)

    by Kurt Gray ( 935 ) on Friday February 20, 2004 @01:15PM (#8340529) Homepage Journal
    Anyone trashing Infinium here has not bothered to try out Infiniums offerings themselves. If you lazy asses would go to their web site you'd see that they have produced many great things already, including a really cool logo, an Acrobat PDF file with cool graphics embedded in it, and a kick-ass schweeet streaming video file that has techno beats, flashy words and graphics flying all over the screen, I was was like "Whoa! That logo is cool!" I want to upgrade my connection to T3 so I can download the bigger versions of the promotional versions, and here them in Dolby Surround!

    The problem with most lame-ass gamers these days is everyone expects to go to the store and buy a plastic box and you bring it home and plug it in and "play with it", as if pushing buttons and controllling things on the screen really matters. Well that's old thinking. Now days we don't have to hold a gaming system in our hands to appreciate it. We can just download a promotional video clips (that are all free by the way, why pay for games when promotional videos are free?) and it shows you what the system would look like, that is if you wanted a plastic box taking space in your home, but we don't have to actually hold it and play it, do we? No!

    Infinium is taking the next bold step into "non-interactive promotional gaming" and all of you are just screwing around wasting money on your Pac-Man ancient history non-promotional I-have-to-hold-it-in-my-hands gaming systems. Losers! All of you! I'm never reading Slashdot again, at least not until I come back to work on Monday, I swear, all weekend no Slashdot!

  • It's coming: MARCH 31st 2004 !! (Score:3, Funny)

    by potus98 ( 741836 ) on Friday February 20, 2004 @01:35PM (#8340693) Journal

    According to Phantom.net [phantom.net], the "creed comes to life March 31st 2004 at our Phantom online store where customers can customize their own Phantom Gaming Service to meet their individual needs." They go on to refer to March 31st 2004 as the "e-commerce launch" ROTFLMAO!!!!

    There website reads like a vaporware/dot.bomb parody. Oh PLEEEASE let me submit my credit card information to the "Phantom Online Store"!


  • My Phantom Console is on order !!! (Score:4, Funny)

    by DangerSteel ( 749051 ) on Friday February 20, 2004 @02:20PM (#8341225)
    And yes, it was expensive, but worth it. Price is no object so I ordered the "top of the line" model complete with a Bitboys video card and I even get a certificate to take to the store and pick up my copy of Duke Nukem Forever!! I WIN !

  • Just about says it all (Score:4, Funny)

    by BitwizeGHC ( 145393 ) on Friday February 20, 2004 @02:49PM (#8341560) Homepage
    Infinium's law firm is called MoFo [mofo.com]. That just about sums everything up nicely.

  • IAAL - Here's the legal standard for libel... (Score:4, Informative)

    by DavidBrown ( 177261 ) on Friday February 20, 2004 @03:39PM (#8342227) Journal
    ...by a journalist. It's the doctrine of "actual malice" enunciated by the court in the case "New York Times vs. Sullivan". Essentially, the journalist has to have actually lied or acted with a deliberate disregard for the truth in publishing the defamatory story. Unless Roberts can successfully argue that HardOCP isn't a media outlet protected under Sullivan, I doubt that he will prevail in a libel lawsuit.

  • stock info (Score:4, Informative)

    by mabu ( 178417 ) on Friday February 20, 2004 @04:51PM (#8343267)
    Links to the company's SEC filings [yahoo.com] are here. Pretty illuminating.

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