Alabama GTA trial will go forward
by Ross Miller 
{ Dec 14th 2005 at 5:30PM }
The civil lawsuit in Alabama, denoted the "GTA Cop Killer Trial," will continue as planned, according to anti-game
activist Jack Thompson, recently
ousted from the trial for his antics. The lawsuit, filed
by families of the victims of Devin Moore, claim his actions have some correlation to his playing of Grand Theft
Auto. Sony, Take-Two, Rockstar, Wal-Mart, and GameStop have been listed as co-defendants.
That the lawsuit has been allowed to proceed means a lot of bad press against the industry for a long while -
regardless of the outcome, this could be appealed and stay in the headlines for long time. And let's not forget, Jack
Thompson can still be a witness for the plaintiffs.
Reader Comments (Page 1 of 1)
Robert @ Dec 18th 2005 10:09PM
This'll never fly. The most they could hope to get is a settlement, but I don't think the game companies will let this one go. Hopefully the game companies will take it to court and win easily and stop stupid people from making stupid lawsuits.
Master X 24 @ Dec 18th 2005 10:09PM
No video game will make me kill someone plus if the person is that crazy they shouldnt play games like that
Kajex @ Dec 18th 2005 10:09PM
Actually, Jack cannot be called as a witness to the case, pending that he would be held in contempt of the court should he have contact with any of the lawyers or memberes of the courtroom, including the judge, as the judge ruled when he said "GTFO."
Tamo @ Dec 18th 2005 10:09PM
The video game companies need to put Henry Jenkins up as an expert witness. If you don't remember him he was a previous Joystiq article here http://www.joystiq.com/entry/1234000407072214/. Pretty much what he says here says allmost all about the misconceptions on videogames.
DaveKap @ Dec 18th 2005 10:09PM
I recently had to write a huge research paper concerning this very case. Basically, it's failed before it's even begun. Because there is no scientific evidence proving the link, GTA is not at fault. Jack Thompson convinced the families that this was the way to go because Jack Thompson is wonderful at making lies sound like truth (especially to people who are contextually uneducated and don't question authority). I wouldn't doubt he told the families that there was hard evidence and proof and that this trial would be a sure thing.
I see nothing to worry about. Radio, TV, movies; they all got through this same exact ordeal just fine. Video games shall be no different.
KilgoreTrout XL @ Dec 18th 2005 10:09PM
Well, that's a motion to dismiss that he's talking about there. The Judge, correctly, considered everything in the plaintiff's second amended complaint as true in order to rule on it. It's basically a challenge to properly plead a wrongful death suit.
The motion to dismiss was especially unlikely to prevail due to the fact that the claim in the case is quite unique. Most courts will allow at least some discovery in that kind of situation before declaring that the plaintiff has no claim upon which they may be granted relief.
By no means, however, does failing to dismiss a case mean that the defendants will unable to dispose of the suit on a subsequent dispositive motion following discovery. That means that what I see as a rather frivolous, but admittedly interesting, lawsuit will continue until the defendants are confident that they can show that the plaintiffs cannot prove one or more essential elements of their case.
Finally, it should be noted that lawyers are generally allowed to pursue claims which they themselves are not convinced are altogether colorable, as long as the action will bring about reform, public notice, public good, etc...
What a fascinating case. I'm looking forward to seeing the breifs on the inevitable summary judgment stage. Though that may very well be a long way off.
DolphGB @ Dec 18th 2005 10:09PM
Video games do not make people kill other people.
Japan has some of the most violent games in the world, but has some of the lowest violent crime figures anywhere. Why? A respectful culture and the inability to buy guns in supermarkets.
America needs to identify the root cause of these issues and understand that the right to bear arms is as stupid and foolish as the right to arm bears.
jack thompson @ Dec 18th 2005 10:09PM
You kids really ought to stop playing lawyer. First off, the defendants CANNOT appeal this order. The only appeal they can file is after the trial of the case.
Secondly, I will be a witness at the trial, primarily on the issue of foreseeability. I had written the defendants before the murders warning them that such a crime would occur.
As to being held in "contempt" by the judge, he didn't like my blowing the whistle on Take-Two's law firm and their tactics. Too bad. That has absolutely nothing to do with my being a witness in the case. In fact, not being record counsel makes my participation as a witness all the more certain.
Maybe this "news" site could pick up the phone to find out what is really going on in the case. That would be a first, wouldn't it?
Jack Thompson
DolphGB @ Dec 18th 2005 10:09PM
>You kids really ought to stop playing lawyer.
Jack - nice of you to swing by. At the ripe old age of 35, I've not been called a kid for some time. Thanks for the flattery.
I notice you didn't take issue with my comments specifically. Does that mean you agree that 'monkey see, monkey do' is not, in fact, a reality?
Or do you really believe the root cause of these killings is a video game?
And do you foresee crimes often, Jack? If you do, are you a modern day Nostradamus, or an accessory? Sometimes just the suggestion of a crime can cause a criminal mind to realise their alibi or motive, when formerly they hadn't taken that 'leap of thought'.
rodJoh. @ Dec 18th 2005 10:09PM
I guess all that fireball throwin in Mario games will make me eventually put someone on fire. :(
KilgoreTrout XL @ Dec 18th 2005 10:09PM
Jack, as for "playing lawyer", I'd like to extend my invitation to you to debase the comment I recently posted above. Thanks.
Furthermore, a reasonable reading of Joystiq's original post meant exactly that- this lawsuit could be appealed when it reaches a final disposition. You'd agree that such an event would cause the trial to continue, wouldn't you? I think that's all the post was trying to say.
I'd also like to express my deep regret that your conduct precipitated your removal from this case. I was so looking forward to see how you'd manage to put all of that fire and brimstone into court memoranda without reverting to your unique, and endlessly comic, diatribes and punditry.
Best,
KilgoreTrout XL
Sean Hurley @ Dec 18th 2005 10:09PM
When you are talking about a game that has sold 10 million plus copies and 1 kid goes out and kills a cop, and then they try to blame the game. Seriously look at the numbers here if violent video games were so influential in making kids and teens violent there would be alot more of these cases out there. Parents need to take responsibilty for the actions of their kids and stop blaming music, movies, and video games.
This case should have never even gotten this far. Jack Thomson needs to be disbarred for being a narrowminded idiot. He is fighting against what America is about, the right to choose, free speech and expression. Lighten up Jack.
hellfish @ Dec 18th 2005 10:09PM
Jack is actually going to get on the stand and testify, "Yes, I contacted TakeTwo Interactive a year before these murders warning them that these titles would train killers, and therefore they, and the game, are clearly responsible."
And we should stop playing lawyer?
Corrupt Mind @ Dec 18th 2005 10:09PM
ARG! I thought that stupid retard thompson was dead! There was no news of him for so long! DAMNIT!
It doesn't matter. They have no evidence linking GTA to cop killing, there are absolutely no links. I can't wait to see this go in favour of the game companies, it will be like a spit in JT and all those who stupidly support him's face.