Andre Yoskowitz
17 Mar 2007 9:43
Earlier this week, Take Two, the game distributor, took a step to get Jack Thompson off their backs by filing a federal court case against him in the state of Florida. Mr. Thompson has, for the past year, been attacking the distributor, trying to get restraining orders against their games, the most recent being "Bully".
Take Two has plans to release Manhunt 2 and Grand Theft Auto IV in the near future and are trying to avoid another of Mr. Thompson's lawsuits. Thomspson made it clear he would try to block both games from being released and so Take Two asked a judge to "enjoin him from bringing suit on behalf of the State of Florida to enjoin the sale of GTA IV or Manhunt 2."
According to the lawsuit, Take Two is tired and frustrated by Thompson's threats, lawsuits, retractions, and dismissals. The complaint states such actions by Mr. Thompson as "he brought suit on behalf of the State of Florida, dismissed it, filed again, sought a temporary restraining order, and then failed to pursue that motion" These lawsuits come at "unpredictable times and under unpredictable circumstances" which also interrupts a smooth transition between Take Two and retailers. In the past, Mr. Thompson has sued such giants as Walmart, Best Buy and Target over the sales of Take Two distributed games.
Take Two argues that Mr. Thompson's "nuisance" lawsuits are so utterly vague that they can't be constitutional. They also argue it is infringing on their First Amendment rights to free expression. "This unconstitutional vagueness will have a chilling effect on Plaintiff as well as Plaintiff's customers, Plaintiff's distributors likely will respond to the uncertainty and fear of penalties by withholding Plaintiff's video games from the public."
Take Two is seeking attorney's fees and a restraining order preventing more "nuisance" lawsuits from Mr. Thompson.
Source:
Arstechnica