Video Game Law Blog » Game Violence Cases

Florida Court Clears “Bully” for Sale Despite Jack Thompson Protest

Dale Dietrich — Fri, 13 Oct 2006 19:54:49 +0000

Text of Thompson’s Complaint [.doc]
After ordering Take-Two to provide a pre-release copy of Bully for review in chambers, Judge Ronald Friedman, a Miami-Dade County Circuit Court judge ruled that Bully is not a public nuisance and dismissed Thompson’s complaint. According to Niero of Destructoid, who was in the court, the judge said the following:

“I have spent a couple of hours viewing the game. It was produced to me by an operator using a cheat, which allowed him to skip through the game and show me ‘key points’ that would require an average gamer hundreds of hours to reach. There is a LOT of violence, but not more than the general public has access to on television”

…

“As I said, there is a lot less violence in this game than what we see on television, and although it is pervasive, but not to the extent that it would cause a public threat that would require me to prevent these folks from selling it”

…

“Would I want MY kids to play this game?” His palm is open like a starfish on his chest. “Absolutely not. But this game is not a nuisance.”

Court Orders Take-Two to Provide an Advanced copy of Bully for ‘Judicial Review’ :)

Dale Dietrich — Thu, 12 Oct 2006 18:27:36 +0000

Text of Thompson’s Complaint [.doc]
Jack Thompson has convinced Judge Ronald Friedman, a Miami-Dade County Circuit Court judge, to order Take-Two Interactive to provide an advanced copy of the “T”een rated video game Bully for review in chambers by the court. Contrary to some early reports, the judge did not order that the video game be provided to Jack Thompson for his review. Rather, the judge has ordered that along with the game, Take-Two provide someone to play the game in front of the judge so the judge can review it. Thompson had called this game a “Columbine Simulator” without ever having seen the game.

Dale’s Comment: After months of controversy and fears that this video game would celebrate and promote bullies, all the reviews I have read and listened to make the point that, to the contrary, being a bully is not celebrated. The main character is not a bully at all, but, rather, has to defend himself against school-yard bullies and form alliances with other schoolyard mates. This critically acclaimed game is more akin to a high-school simulator letting players relive in a very realistic way, what it was like to be in high school and deal with the trials and tribulations of growing up.

While I was somewhat pleased that the order was limited to handing over the game for review by the court and not by Thompson (goodness knows what kind of a precedent that would have been), I still find it disconcerting that a court interposed itself into the process to decide for himself whether the game is suitable for sales to minors. Who appointed him the emperor?

Another GTA Wrongful-Death Suit Launched (Cody Posey)

Dale Dietrich — Wed, 27 Sep 2006 02:06:28 +0000

Jack Thompson is involved in yet another wrongful death suit brought against Rockstar, Take-Two and Sony. This one involves the case of Cody Posey who confessed to killing his father, stepmother and stepsister. Once again Thompson, representing the surviving Posey relatives, argues that the game acted as a simulator that trained Cody to be effective killer. Thompson had filed a similar suit in Alabama where he was forced to remove himself from the case shortly before his temporary Alabama license was revoked in a shroud of controversy.

Video Games Once Again Being Blamed for Montreal Shootings

Dale Dietrich — Tue, 19 Sep 2006 20:55:58 +0000

Jack Thompson Sues For Early Access to Bully Video Game

Dale Dietrich — Thu, 17 Aug 2006 20:32:12 +0000

Text of Complaint [.doc]
Jack Thompson has sued Rockstar and Wal-Mart for early access to the video game Bully so that he may independently review it prior to commercial release. He cites the ESRB rating system as having been inept in the past at rating Take-Two products.

Dale’s Comment: Thompson proves yet again that he will try any stunt to get notoriety. I will be very surprised if this ‘case’ is not immediately dismissed.

Sources: GamePolitics.com | GameSpot | Pro-G | CNet | ars technica | Inquirer | Bit-tech.net

Chinese Parents Sue Warcraft Distributor After Boy’s Suicide

Dale Dietrich — Fri, 12 May 2006 22:16:50 +0000

The parents of a 13-year-old Chinese boy are seeking 100,000 yuan ($12,500) from Aomeisoft, the Chinese distributor of Warcraft: Orcs and Humans, after he jumped to his death from a tall building after playing Warcraft for 36 hours straight.

Sources: CHINAdaily | TechNewsWorld | SiliconValley.com | TMCNet | Canada.com (CP) | San Jose Mercury News (AP) | People’s Daily Online

Man Sentenced for GTA Inspired Car Chase

Dale Dietrich — Sun, 16 Apr 2006 21:34:46 +0000

A New York man is sentenced to two concurrent 7 year prison terms after a car chase with cops when he was on parole. He told police he thought he could outrun them because he did it in Grand Theft Auto.

Sources: GameSpot | NBC 3 wstm.com | Yahoo! Games | PALGN Playstation

Related Posts:

Man Sentenced for GTA Inspired Car Chase (April 16, 2006)
Need For Speed Linked to Fatal Toronto Car Crash (January 26, 2006)

Alabama Supreme Court Rejects Another Motion to Dismiss Take-Two/GTA Slaying Case

Dale Dietrich — Wed, 29 Mar 2006 20:20:24 +0000

The Alabama Supreme Court rejected an appeal by video game makers and sellers who asked a judge to throw out a $600 million lawsuit blaming the popular game “Grand Theft Auto” for the murders of the three-person night shift of a rural police department.

Alabama Supreme Court Rejects Another Motion to Dismiss Take-Two/GTA Slaying Case (March 29, 2006)
Civil Suit in Alabama Goes Forward (December 14, 2005)
Alabama Judge Revokes Thompson’s Temporary License (November 19, 2005)
Thompson Exits GTA Cop Killer Case (November 7, 2005)
Thompson Comes Under Fire (November 7, 2005)
Judge Asked to Dismiss GTA Case (November 5, 2005)
Juvenile Violent Crime Decreases in Last 10 Years (October 11, 2005)
Judge Sentences GTA Gamer to Death (October 7, 2005)
Killer Convicted, Despite GTA Insanity Defense (August 10, 2005)
Grand Theft Auto Sparks Another Game Violence Lawsuit (February 14, 2005)

Take-Two Filing Reveals Multiple Lawsuits

Dale Dietrich — Wed, 01 Feb 2006 22:59:45 +0000

Take-Two and Rockstar are facing a large number of legal proceedings revolving around the Grand Theft Auto franchise, with multiple lawsuits pending from, amongst others, the city attorney of Los Angeles, the family of police officers killed by a man allegedly influenced by the game and class action complaints in New York, Pennsylvania and Illinois.

Sources: GamaSutra | GameSpot | Next Generation | GameDaily | GameIndustry.biz

New York Investigation:

Take-Two Receives Subpoenas Over Hot Coffee (June 26, 2006)

LA Civil Suit:

Yet Another Take-Two/GTA Lawsuit (January 26, 2006)

FTC Investigation Related Posts:

Take-Two/Rockstar Settle with FTC over Hot Coffee Mod (June 8, 2006)
Hot Coffee FTC Inquiry Given Go Ahead (July 26, 2005)

Stanhouse Class Action Suit:

Stanhouse GTA San Andreas Class-Action Suit Moved to Federal Court (October 7, 2005)
Another GTA San Andreas Class-Action Suit Filed (Stanhouse) (September 21, 2005)

Cohen Class Action Suit:

Grandma Cohen’s GTA Class Action Suit Against Take-Two to Proceed (October 27, 2006)
Outraged Granny Sues Over grand Theft Auto (Cohen) (July 27, 2005)

Other Hot Coffee Related Posts:

Hot Coffee’s Effects on the Mod Scene (October 27, 2006)
ESRB Demands U.S. Game Publisher Audits for Hidden Game Content (September 12, 2005)
ESRB Re-Rates Oblivion to Mature Following 3rd Party Mods (May 3, 2006)
Take-Two Filing Reveals Multiple Lawsuits (February 1, 2006)
Hot Coffee Spills into Australia as GTA:San Andreas is Banned (August 1, 2005)
GTA San Andreas Rerated AO, Take-Two Suspends Production (July 20, 2005)
Confirmed: ‘Hot Coffee’ Sex Minigame in PS2 GTA: San Andreas (July 15, 2005)

Need For Speed Linked to Fatal Toronto Car Crash

Dale Dietrich — Thu, 26 Jan 2006 22:07:25 +0000

Police said two Mercedes were racing each other nearly three times over the speed limit when one of the cars smashed into a taxi late Tuesday. The video game Need for Speed, was found on the front seat of one of the suspect’s cars following the crash.

Related Posts:

Man Sentenced for GTA Inspired Car Chase (April 16, 2006)
Need For Speed Linked to Fatal Toronto Car Crash (January 26, 2006)

‘Scissors’ Responds to Moscow Attack

Dale Dietrich — Fri, 13 Jan 2006 21:06:07 +0000

Running With Scissors boss Vince Desi has responded to revelations that his game, Postal, has been linked to the multiple stabbings of visitors to a synagogue in Moscow earlier this week.
Sources: GamesIndustry.biz | Next Generation

Postal Blamed in Moscow Synagogue Attack

Dale Dietrich — Thu, 12 Jan 2006 20:56:24 +0000

Old-time violent game Postal has been blamed, at least partially, on a horrific knife attack on visitors to a Moscow synagogue.

Sources: Next-Gen Biz | Game Politics | 1Up.com | Ferrago | Euro Gamer

Civil Suit in Alabama Goes Forward

Dale Dietrich — Wed, 14 Dec 2005 19:23:04 +0000

Text of Order Denying Motion to Dismiss
The Alabama case in which a Grand Theft Auto gamer killed two police officers and a police dispatcher will go to trial.

Sources: GameSpot | NextGen.biz | Joystiq | WSFA 12 | GameCube Advanced

Related Posts:

Alabama Supreme Court Rejects Another Motion to Dismiss Take-Two/GTA Slaying Case (March 29, 2006)
Civil Suit in Alabama Goes Forward (December 14, 2005)
Alabama Judge Revokes Thompson’s Temporary License (November 19, 2005)
Thompson Exits GTA Cop Killer Case (November 7, 2005)
Thompson Comes Under Fire (November 7, 2005)
Judge Asked to Dismiss GTA Case (November 5, 2005)
Juvenile Violent Crime Decreases in Last 10 Years (October 11, 2005)
Judge Sentences GTA Gamer to Death (October 7, 2005)
Killer Convicted, Despite GTA Insanity Defense (August 10, 2005)
Grand Theft Auto Sparks Another Game Violence Lawsuit (February 14, 2005)

World of Warcraft Lawsuit Filed by Parents

Dale Dietrich — Fri, 18 Nov 2005 04:02:34 +0000

Creators of World of Warcraft, Blizzard Entertainment, are being sued by parents of a thirteen year old who jumped to his death from a 24 story building.

Sources: GameSHOUT.com | GameIndustry.biz | GameDaily

Thompson Exits GTA Cop Killer Case

Dale Dietrich — Tue, 08 Nov 2005 03:24:41 +0000

Controversial lawyer representing families of two police officers killed by GTA-playing Devin Moore, removed himself from GTA case following allegations of professional misconduct.

Sources: gamesindustry.biz | Gamasutra | Next-Gen.biz | Wikipedia Entry on Thompson

Related Posts:

Alabama Supreme Court Rejects Another Motion to Dismiss Take-Two/GTA Slaying Case (March 29, 2006)
Civil Suit in Alabama Goes Forward (December 14, 2005)
Alabama Judge Revokes Thompson’s Temporary License (November 19, 2005)
Thompson Exits GTA Cop Killer Case (November 7, 2005)
Thompson Comes Under Fire (November 7, 2005)
Judge Asked to Dismiss GTA Case (November 5, 2005)

Juvenile Violent Crime Decreases in Last 10 Years (October 11, 2005)
Judge Sentences GTA Gamer to Death (October 7, 2005)
Killer Convicted, Despite GTA Insanity Defense (August 10, 2005)
Grand Theft Auto Sparks Another Game Violence Lawsuit (February 14, 2005)

Judge Asked to Dismiss GTA Case

Dale Dietrich — Sun, 06 Nov 2005 03:16:41 +0000

A judge was asked to dismiss a civil suit filed by the families of two Fayette police officers and a dispatcher against the makers and sellers of “Grand Theft Auto” video games that allegedly influenced a man to shoot the three to death.

Sources: Game Cube Advanced | The Decatur Daily

Related Posts:

Alabama Supreme Court Rejects Another Motion to Dismiss Take-Two/GTA Slaying Case (March 29, 2006)
Civil Suit in Alabama Goes Forward (December 14, 2005)
Alabama Judge Revokes Thompson’s Temporary License (November 19, 2005)
Thompson Exits GTA Cop Killer Case (November 7, 2005)
Thompson Comes Under Fire (November 7, 2005)
Judge Asked to Dismiss GTA Case (November 5, 2005)

Juvenile Violent Crime Decreases in Last 10 Years (October 11, 2005)
Judge Sentences GTA Gamer to Death (October 7, 2005)
Killer Convicted, Despite GTA Insanity Defense (August 10, 2005)
Grand Theft Auto Sparks Another Game Violence Lawsuit (February 14, 2005)

Juvenile Violent Crime Decreases in last 10 Years

Dale Dietrich — Wed, 12 Oct 2005 00:09:13 +0000

Contrary to pop-culture beliefs, this article makes the case, complete with FBI statistics, that juvenile violent crime has decreased in the last 10 years as video game playing by young people has increased.

Sources: Game Evolution | ars Technica | Wellesley College Newspaper

See also: Related August 12, Gamasutra Article

Judge Sentences GTA Gamer to Death

Dale Dietrich — Fri, 07 Oct 2005 23:54:57 +0000

20-year-old, Devin Moore, who attempted to use Grand Theft Auto as defence for triple police homicide was sentenced to death by lethal injection.

Sources: Gamespot | Earlier Gamespot Report on Trial | GameDaily

Related Posts:

Alabama Supreme Court Rejects Another Motion to Dismiss Take-Two/GTA Slaying Case (March 29, 2006)
Civil Suit in Alabama Goes Forward (December 14, 2005)
Alabama Judge Revokes Thompson’s Temporary License (November 19, 2005)
Thompson Exits GTA Cop Killer Case (November 7, 2005)
Thompson Comes Under Fire (November 7, 2005)
Judge Asked to Dismiss GTA Case (November 5, 2005)

Juvenile Violent Crime Decreases in Last 10 Years (October 11, 2005)
Judge Sentences GTA Gamer to Death (October 7, 2005)
Killer Convicted, Despite GTA Insanity Defense (August 10, 2005)
Grand Theft Auto Sparks Another Game Violence Lawsuit (February 14, 2005)

Killer Convicted, Despite GTA Insanity Defense

Dale Dietrich — Wed, 10 Aug 2005 18:57:45 +0000

An Alabama jury considering the case of 20 year old Devin Moore for the murder of three police officers has rejected his insanity defense and claims that he was unduly influenced by Rockstar’s Grand Theft Auto III and Grand Theft Auto: Vice City.

Sources: Gamasutra | Wired

Related Posts:

Alabama Supreme Court Rejects Another Motion to Dismiss Take-Two/GTA Slaying Case (March 29, 2006)
Civil Suit in Alabama Goes Forward (December 14, 2005)
Alabama Judge Revokes Thompson’s Temporary License (November 19, 2005)
Thompson Exits GTA Cop Killer Case (November 7, 2005)
Thompson Comes Under Fire (November 7, 2005)
Judge Asked to Dismiss GTA Case (November 5, 2005)
Juvenile Violent Crime Decreases in Last 10 Years (October 11, 2005)
Judge Sentences GTA Gamer to Death (October 7, 2005)
Killer Convicted, Despite GTA Insanity Defense (August 10, 2005)
Grand Theft Auto Sparks Another Game Violence Lawsuit (February 14, 2005)

Grand Theft Auto Sparks Another Game Violence Lawsuit

Dale Dietrich — Mon, 14 Feb 2005 21:21:50 +0000

Rockstar parent Take-Two Interactive, Sony, Wal-Mart, and GameStop are blamed for the murder of three policemen by a teenage car thief.

Sources: Gamasutra | Gamepolitics (scroll down)
Related Posts:

Alabama Supreme Court Rejects Another Motion to Dismiss Take-Two/GTA Slaying Case (March 29, 2006)
Civil Suit in Alabama Goes Forward (December 14, 2005)
Alabama Judge Revokes Thompson’s Temporary License (November 19, 2005)
Thompson Exits GTA Cop Killer Case (November 7, 2005)
Thompson Comes Under Fire (November 7, 2005)
Judge Asked to Dismiss GTA Case (November 5, 2005)
Juvenile Violent Crime Decreases in Last 10 Years (October 11, 2005)
Judge Sentences GTA Gamer to Death (October 7, 2005)
Killer Convicted, Despite GTA Insanity Defense (August 10, 2005)
Grand Theft Auto Sparks Another Game Violence Lawsuit (February 14, 2005)

Movie and Video Game Companies Win Dismissal in Columbine-Related Suit

Dale Dietrich — Fri, 01 Mar 2002 04:58:12 +0000

In a thorough 30-page opinion, Chief Judge Lewis T. Babcock rejected the plaintiffs’ negligence and strict liability claims on both state law and First Amendment grounds. On the negligence claims, the court held that the movie and video game defendants did not owe a duty to the plaintiffs and that, in any event, Harris and Klebold’s actions were a superseding cause of Sanders’ death. On the strict liability claims, the court held that the expression in the movies and video games was not a “product” subject to strict liability and that, again, the shooters’ actions were a superseding cause. In addition, the court held that the First Amendment barred all of plaintiffs’ claims.

Source: Deanne Maynard of Jenner & Block