Take Two Settles with Jack Thompson
Settlement Agreement and Mutual Release (April 17, 2007)
Text of Amended Answer and Counterclaim (March 28, 2007)
- amended to remove all but one paragraph of the counterclaim
Text of Original Answer and Counterclaim (March 21, 2007)
Text of Complaint (March 13, 2007)
Take-Two and Jack Thompson have settled their GTA IV/Manhunt 2 suit and counter suit. Thompson has agreed:
- not to sue or threaten to sue over the sale and distribution of ANY game – not just Manhunt 2 and GTA IV as sought in the original complaint – designed, published, manufactured, distributed or sold by Take-Two, its affiliates, subsidiaries etc.;
- not to threaten such suits; and
- to communicate with Take-Two only through its lawyers.
However, Thompson will still be free to criticize the content and distribution of such games and to represent third-party plaintiffs in actions against Take-Two, its affiliates, subsidiaries etc. alleging individual harm.
Dale’s Comment: It is odd for a settlement to contain an explicit agreement to limit communication with an opposing party to communication through counsel as the rules of professional conduct in most jurisdictions specifically prohibit lawyers from communicating directly with persons represented by counsel.