BREAKING - Miami Court Orders Take-Two to Turn Over “Bully”
October 11th, 2006
GamePolitics has just received a short e-mail from Jack Thompson:
“The court ordered production of the game by tomorrow at 3pm, for his full review of the game while it is being played, up to or more than 100 hours.”
“This is unprecedented and reasonable as well. This is a huge victory against the violent video game industry, regardless of the ultimate ruling on the injunction. I anticipate an immediate appeal to the Third DCA by Take-Two”
Thompson is referencing Florida’s Third District Court of Appeal. He is correct that the ruling is unprecedented, although in the long run it’s really not a win if it gets overturned on appeal.
GP has confirmed with Judge Friedman’s clerk that Thompson’s version is correct. She added that the Judge will view the game in chambers beginning tomorrow afternoon and is prepared to spend several days watching its content.
The clerk added that the hearing was not contentious, and that it was covered by the Miami Herald as well as a local TV news crew.
What this means is that Judge Ronald Friedman is saying he needs to see Bully in order to rule on Thompson’s claim that the game is a “public nuisance.” He’s given Take-Two 24 hours to produce it for the court’s review.
Destructoid has a brief report from their man-on-the-scene…
UPDATE: Witnesses Named in “Bully” Court Case
October 11th, 2006
If nothing else, Jack Thompson can say he hauled Bully into court.
Later today, attorneys for publisher Take-Two Interactive along with those representing retailers GameStop and Wal-Mart will appear in a Miami courtroom to defend Rockstar’s upcoming game from Thompson’s unprecedented bid to have its sale blocked in Florida.
Thompson’s claim that Bully constitutes a public nuisance will be heard by Judge Ronald Friedman. The Florida statute in question defines such a nuisance as something that:
tends to annoy the community, or…
injures the health of the citizens in general, or…
corrupts the public morals
Such laws are commonly used against brothels and gambling operations. Applying the regulation to a video game is certainly new - and rather dubious - legal territory.
Last Friday Thompson offered to cancel today’s hearing if Take-Two would overnight him a copy of Bully for him to evaluate. Obviously, that didn’t happen. Game blog Destructoid will apparently have someone covering the 1:30 hearing, so check there for eyewitness reports.
UPDATE: Thompson has circulated an e-mail to GamePolitics and other news outlets naming two “expert witnesses” he plans to call today. They are:
Dr. Eugene Provenzo, University of Miami professor; in 2005 Dr. Provenzo told GP that he and Thompson were collaborating on a book called, oddly enough, Public Nuisance: A Primer for Social Activists. No word on where that project stands.
Kenneth Harms, former Miami Police Chief from 1978-1984
Here is the latest legal brief filed by Thompson in relation to the Bully case.