Jack Thompson Seeks to Have Halo 3 Declared a Public Nuisance.

[PapaStu]

LOOK AT ME! Come on guys LOOK AT ME!! The more attention I get, the better I feel about myself! COME ON GUYS - LOOK AT ME PLEASE!

Dave do you have Halo 3? Cause if you do i'll pay more attention to you.

[FantasiaWHT]

I find it fascinating that you are quoting the federal law of restraining harassment of victims and witnesses in support of your argument.

What you need, rather, to get Thompson is the common law tort of malicious prosecution, or malicious use of process. The ALI's Restatement (Second of Torts) labels it "Wrongful Use of Civil Proceedings" and defines it as:

One who takes an active part in the initiation, continuation or procurement of civil proceedings against another is subject to liability to the other for wrongful civil proceedings if

(a) he acts without probable cause, and primarily for a purpose other than that of securing the proper adjudication of the claim in which the proceedings are based, and

(b) except when they are ex parte, the proceedings have terminated in favor of the person against whom they are brought.

[Wolfrider31]

I find it fascinating that you are quoting the federal law of restraining harassment of victims and witnesses in support of your argument.

What you need, rather, to get Thompson is the common law tort of malicious prosecution, or malicious use of process. The ALI's Restatement (Second of Torts) labels it "Wrongful Use of Civil Proceedings" and defines it as:

One who takes an active part in the initiation, continuation or procurement of civil proceedings against another is subject to liability to the other for wrongful civil proceedings if

(a) he acts without probable cause, and primarily for a purpose other than that of securing the proper adjudication of the claim in which the proceedings are based, and

(b) except when they are ex parte, the proceedings have terminated in favor of the person against whom they are brought.

There we go. That's what I was wondering. Thanks.

[s1lence]

What an idiot, he doesn't even have the date correct in the lawsuit

THE FACTS
8. Defendants Best Buy and Microsoft are presently selling, for delivery commencing on October 25, 2007, the violent, interactive video game” entitled Halo 3.

You think he could even get that correct.

[Trebuken]

I think Bill Gates need to have his lawyers give Jack a call...

[neogamer]

I find it fascinating that you are quoting the federal law of restraining harassment of victims and witnesses in support of your argument.

What you need, rather, to get Thompson is the common law tort of malicious prosecution, or malicious use of process. The ALI's Restatement (Second of Torts) labels it "Wrongful Use of Civil Proceedings" and defines it as:

One who takes an active part in the initiation, continuation or procurement of civil proceedings against another is subject to liability to the other for wrongful civil proceedings if

(a) he acts without probable cause, and primarily for a purpose other than that of securing the proper adjudication of the claim in which the proceedings are based, and

(b) except when they are ex parte, the proceedings have terminated in favor of the person against whom they are brought.

If you are talking to me, I was just providing the legal definition of harrassment which is what I was asking about all along. I never had an argument in this issue until you came along and asked me about my credentials in law because of me being in school for an MBA.

Interesting....

[neogamer]

Depends what the "legal" definition of harrassment is. I doubt this qualifies.

It could, but I don't think at this point, unless the game industry choices to pursue it, anything can be done.

These were the quotes. Notice the word "harrassment" in both instances.

[FantasiaWHT]

Just that harassment has different legal meanings in different contexts. You were right that Thompson's actions didn't qualify as harassment, but you have to be careful about the sources you quote.

I'd suggest less double-posting That ruffles more than a few feathers.

Something else from the complaint I found interesting: although his arguments aren't quite clear, it seems he is saying that the Best Buy buildings are the nuisance for corrupting children with the game, so Best Buy and MS are both responsible for creating the nuisance. If you read the nuisance statute, its clear that a nuisance has to be a building. Although it is still clearly groundless, that's actually a much better argument than declaring the game itself to be a nuisance.

Also I really wonder about his claim that Best Buy "agreed" to ID people under 21 who try to buy mature-rated games as part of a "settlement" after Thompson's last attack. Since he doesn't support the complaint with the settlement itself, I highly doubt the two events are at all connected.

[Fuzzball24]

He probably snorted crack in law school. I remember when he tried to get Bully off shelves, yeah, THAT was constitutional!

[Mangar]

Anyone who feels that Thompson should be pursued legally or criminally for exercising his 1st Amendment Right to Freedom of Speech, is just as big a moron as he is. Not to mention hypocritical.

Censoring Thompson is OK, but Censoring Video Games is wrong? Stupid.

[diskoboy]

Anyone who feels that Thompson should be pursued legally or criminally for exercising his 1st Amendment Right to Freedom of Speech, is just as big a moron as he is. Not to mention hypocritical.

Censoring Thompson is OK, but Censoring Video Games is wrong? Stupid.

It is perfectly okay when someone is using strongarm tactics against corporations and individual persons, and insulting judges.

He's trying to intimidate people, and spreading misinformation, and that is wrong.

[neogamer]

It is perfectly okay when someone is using strongarm tactics against corporations and individual persons, and insulting judges.

He's trying to intimidate people, and spreading misinformation, and that is wrong.

But is it illegal?

That is the question.

[MarioMania]

He's just a Jackass period

[neogamer]

Just that harassment has different legal meanings in different contexts. You were right that Thompson's actions didn't qualify as harassment, but you have to be careful about the sources you quote.

I'd suggest less double-posting That ruffles more than a few feathers.

Something else from the complaint I found interesting: although his arguments aren't quite clear, it seems he is saying that the Best Buy buildings are the nuisance for corrupting children with the game, so Best Buy and MS are both responsible for creating the nuisance. If you read the nuisance statute, its clear that a nuisance has to be a building. Although it is still clearly groundless, that's actually a much better argument than declaring the game itself to be a nuisance.

Also I really wonder about his claim that Best Buy "agreed" to ID people under 21 who try to buy mature-rated games as part of a "settlement" after Thompson's last attack. Since he doesn't support the complaint with the settlement itself, I highly doubt the two events are at all connected.

I assume your are addressing me? You can quote me and respond that way, I don't mind. I will stop, or at least limit, my double posting if it bothers you that much. For some reason, it does not bother me when other people do it. However, now that you know a little about me, I would ask that you stop treating me as an "uneducated moron." I in turn, will grant you the same respect.

I should tell you this: I am a financial analyst (as already stated I work in the financial industry and you already know about my educational background) for a very large well known firm. We too do (lots of) analysis of the video game industry as a whole. So in certain threads, when I start to defend industry analysts, you now know why.

One last thing: I obviously don't always have access to that info, nor can I release it, so please don't ask! The company I work for would fire anyone who would use any type of info for financial gain ,etc. I can speculate though, just like anyone else!

Okay?

[RARusk]

"I think Bill Gates need to have his lawyers give Jack a call..."

Screw that. I think Bill should give the International Contract Agency a call instead.....

[FantasiaWHT]

Anyone who feels that Thompson should be pursued legally or criminally for exercising his 1st Amendment Right to Freedom of Speech, is just as big a moron as he is. Not to mention hypocritical.

Censoring Thompson is OK, but Censoring Video Games is wrong? Stupid.

The First Amendment does not provide an unlimited right to speech. In fact, almost no right to anything is completely unfettered (about the only one that is is the right to believe religiously whatever you want, but your right to act on that belief can be limited).

The First Amendment speech protections do not cover lawsuits filed for purposes other than recovering on, or getting an injunction for, a meritorious grievance.

[kainemaxwell]

A-fucking-men

seriously - he should be sued for the same thing. Because technically, he has become one. He's obviously wasted plenty of the courts time and resources.

And hey Jack.... If you do happen to get a trial, somehow, good luck going up against MS. Their lawyers will fuck you up the ass with a spiked concrete dildo and no vaseline, and not think twice about it. But hey, it's your suicide, Jack...

Couldn't have said it any better.

[neogamer]

We'll see what happens. Maybe Thompson will just go away, who knows?

I doubt it, but heck, if the industry's biggest hitters (i.e. Microsoft, Sony, and the like) turn on him (have they already?) he just might go away.

I guess, once again, time will tell!

[Bluteg]

If I ever met that jackass I would hit him in the face with a crowbar and tell him "I never felt the need to incite violence until I met you, asshole!"

[Nebagram]

I'm amazed people still pay attention to this clearly-demented fruitcake*. Considering videogames have caused him loss after loss in the courts and yet he still persecutes them, his mental state has to be called into question.

*Brilliantly, fruitcake is an anagram if 'irate fuck', which is as good a description as any for him. :-)