Thompson Sues ESRB, Best Buy 134
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.'"
IANAL (Score:5, Funny)
Re:IANAL (Score:5, Interesting)
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...
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Re:IANAL (Score:5, Informative)
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JTINAL - Jack Thompson Is Not A Lawyer
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Re:IANAL (Score:5, Funny)
It takes a brave man to claim that Jack Thompson isn't anal... I'd call you that, but you posted anonymously.
Re:IANAL (Score:4, Funny)
Oh noes!! They have my super-secrete throw-away email address! I'm totally their bitch now!!!
Boy, you really showed me.
Devil's Advocate (Score:2)
Thompson might be a crackpot, but this is really a valid criticism of the ESRB, if it's true. Can anybody speak to this point?
Oh Jack... (Score:1)
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I strongly suspect we won't be seeing him as an "expert" on the news again...
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Come on Jack, Feel validated because someone will actually care again about what you are doing!!
Self counter-suit mayhem (Score:5, Funny)
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The ratings are flawed. This doesn't mean there shouldn't be good ratings that aren't flawed.
There's basically no enforcement. This doesn't mean that there shouldn't be enforcement.
In the event that we had an effective and enforced rating system, I imagine some people would be happier.
Jack Thompson is crazy, but his desire to change both aspects of a two dimensional problem is not self contradictory, and is not an indicator for his insanity.
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Certainly there has to be a law against something before a company can be sued for breaking said law...
Re:Self counter-suit mayhem (Score:5, Interesting)
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.)
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You can pretty much sue anyone for anything, it's just that most people wont waste the time and money to sue someone for something that has no real legal standing.
Personally I think that the ESA/ESRB should sue BestBuy/any other store that ignores the rating system pu
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Suing a company for doing something you don't like, that has no basis in law, is just asking for a harassment counter-suit.
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Ratings should be there to give parents an idea of what they'd be letting their child play. They should be accurate. However, I believe that the parent/guardian of the child should have control over what is acceptable to them.
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Sue everybody just in case. (Score:4, Informative)
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Both. There are two points of failure, not one. It is not a contradiction.
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His kid must be mortified (Score:5, Funny)
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.
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Re:His kid must be mortified (Score:4, Funny)
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Re:His kid must be mortified (Score:5, Interesting)
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.
Re:His kid must be mortified (Score:4, Interesting)
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.
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This reminds me far too much of the movie rating system, though. For many years it was essentially voluntary to enforce PG or R ratings, then some crazies took issue to it and pushed enforcement. To me it was always more of a guideline, and there are plenty of movies out there with entirely broken ratings - Whale Rider, for instance - a G movie
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Take any Stephen Spielberg movie - change the credit to Stephen King and the raters will automatically drag the ratings up one level. Compare IT to Poltergeist.
And you can't conflate sex with violence, but that's what these ratings do. Parents are the key. But the problem in our society is that parents are never asked to do anything - because parents vote and you can't insult the voters and win elections. So politicians try to do all the parenting they can.
This isn't a democrat v republican thi
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They're not going to be placated if they just slap ratings on the game but sell them to minors anyway. And for that reason (at least) I'm disappointed that the Best Buy part of the suit isn't going forward.
Did Jack get the game back? (Score:5, Funny)
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"Would you kindly disbar Jack Thompson so we can get on with our lives?"
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With some of the most violent cutscenes I've ever seen in a game. Oh, and you may not fully understand the words "complex" and "allegory". Good game, but I wouldn't want a kid (say, under 12?) to play it.
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The stuff you read in school doesn't just get thrown at you "here, read this, we'll do a test to check if you did and never talk about it again"-style, it's actually discussed in class and explained by an experienced teacher.
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When I was in public school a decade or so ago, they just threw books at us and said "here, read this, we'll do a test to check if you did and never talk about it again".
The only time my english teacher would discuss anything, she would turn the innocuous into the pornographic. According to her, every time Shakespeare mentions a horse,
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Granted, I'm not teaching literature (I'm a mathematician), but I trust my colleagues to do their job well enough...
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Is Jack Thompson's kid even allowed by his father to own a video game console? A PC? Anything? Seems to me a man as anti-videogame as him wouldn't permit it, lest something like this happen.
And on a related note: I feel really sorry for any of this guy's unfortunate offspring....
Anyone can sue anyone (Score:5, Insightful)
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.
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If a 15 year old can't go out and buy a game that's not "acceptable" to their age, what's going to stop them from just grabbing the
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I'm Beginning to Like Jack Thompson (Score:5, Insightful)
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I called it first.
Re:I'm Beginning to Like Jack Thompson (Score:4, Funny)
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.
Re:I'm Beginning to Like Jack Thompson (Score:4, Insightful)
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 [wikipedia.org], and for me at least, the high pitched whine of CC is how I always imagine JT.
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I just can't picture him as Soundwave, but Starscream, sure.
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I like him because I fear the day he is replaced in his crusade by someone even remotely competent. Yikes.
I wonder (Score:2)
sigh (Score:3, Funny)
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Maybe he's a Pakled. The IQ level seems to match.
Ambulance chaser... (Score:3, Funny)
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Tag: stopgivinghimattention (Score:3, Insightful)
So: stopgivinghimattention
If he actually has a chance to pass a stupid law or get a stupid ruling, then we can pay attention. The US, however, has this thingy called a "Constitution" that makes stupid laws kind of hard to pass. So this is just a case of some crazy jerkoff being a crazy jerkoff. Nothing to see here, please move along.
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He's a complete loon, and the more people see him acting like a complete loon, the more it will discredit his cause.
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Jack is making the anti-gaming censors look like assholes who want to take fun away from adults and are willing to invent bullshit problems.
All speech will have its enemy. Gaming is lucky that its enemy is this pathetic fool.
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Did anyone else... (Score:1)
Not trying to support him or anything, I just saw the name, thought lawyer... Maybe I'm just too far out of the loop on this Jack Thompson guy.
Re:Did anyone else... (Score:4, Funny)
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Fred Thompson is a fairly big guy, if I recall correctly, and Jack Thompson is not.
Quick -- (Score:2)
(prat) [urbandictionary.com]
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WTF is it with Fred Thompson, anyway?? You keep seeing the media ranting about how he's "the new Ronald Reagan", but he seems to entirely lack Reagan's charisma (and charisma was pretty much Reagan's only strong point).
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Reagan seems to have morphed from 'the doddering old guy who gave us Reaganomics, the Star Wars space laser, Just Say No to Drugs, Uniboob, and Saddam Hussein' to 'SuperConservativeMan! Tax cuts for the wealthy will crush our enemies with prayer in the schools!!'... Which seems to be Fred Tho
As much as I hate to say it.. (Score:1)
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I swear, it's idiotic that the entire video game industry is afraid to show a
That's because thenrating is the wrong way to go (Score:2)
Do people die?
Is there nudity
blah blah.
So A parent can look at a game and know what it contains. Where as with a rating system to area of gray is too broad.
Did someone tell Thompson about Portal? (Score:5, Funny)
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Where's the money? (Score:3, Interesting)
I mean, he keeps filing lawsuits, but a) not for specific damages for him, and b) he never wins. He definitely doesn't have a chance to actually practice law or anything...
Or is he just on a retainer for people who want games banned/people who don't want games banned and realise that having a nut like JT doing all the talking is doing their cause wonders?
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All this is coming about because Jack's kid is now a teenager (15 or so I think) and so Jack has a lot more free time. If he actually had to earn a living as a lawyer then I'm sure he wouldn't be spending nearly so
Really?! (Score:1)
"clever sting operation" (Score:2)
Also, I find it pretty disgusting that Thompson is using his own children to further his political agenda. Atleast tobacco narcs have the decency to pay their child "agents" and explain to them what they are doing. I wonder if Jack gave his son the choice or if he just forced him to do his bidding.
Rubber room? (Score:2)
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Jack reminds me of that scene in the Simpsons movie where Rev. Lovejoy asks the church congregation who wants to speak, and Flanders raises his hand, garnering a great anguished sign from Lovejoy. Flanders is Jack Thompson, and Rev. Lovejoy is the court sys
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Which just makes your second paragraph there a lot more applicable.