TAKE-TWO NOW IN DEEP DOO DOO:

URGENT: Take-Two Caught Directly
Pre-Selling Bully with No ESRB Rating!

John B. Thompson, Attorney at Law
1172 South Dixie Hwy., Suite 111
Coral Gables, Florida 33146
305-666-4366

August 18, 2006

Keith R. Fentonmiller
Richard F. Kelly
Bureau of Consumer Protection
Federal Trade Commission
600 Pennsylvania Avenue, N.W.
Washington, D.C.

Re: Wal-Mart Caught Selling Take-Two’s Bully without ESRB Age Rating and
Then Stops; Take-Two Actively Selling Bully to Customers of All Ages
Through Its Own Corporate Web Site!

Dear Mr. Fentonmiller and Mr. Kelly:

As you know, this week I sued both Take-Two Interactive Software, Inc., and Wal-Mart to secure a copy of the school violence simulation game, Bully. I expect that effort to be successful.

An interesting thing has just occurred, however, in the aftermath of my assertion in the suit that Wal-Mart has been pre-selling, for nearly a year, copies of Bully at its www.walmart.com site to anyone of any age, despite the fact that the game has not yet been given an ESRB age rating. Wal-Mart has stopped pre-selling the game. Here is what is being reported in that regard, including what the Wal-Mart spokesman has said, as of yesterday, at http://www.joystiq.com/2006/08/17/wal-mart-stops-bully-pre-sales-under-pressure/1#c1939113 :

Wal-mart stops Bully pre-sales under pressure [Update 1]
Posted Aug 17th 2006 4:25PM by Kyle Orland
Filed under: Sony PlayStation 2, Microsoft Xbox, Action, Adventure, Business
[Update: John Simley from Walmart media relations contacted Joystiq to clear up the ciircumstances behind the Bully pre-order situation. Simley said that Wal-mart policy is to not carry any unrated or Rating Pending games for pre-order or sale, in-store or online. This decision was made recently, Simley said, but just reflected on the web site starting this week, hence the pulling of Bully pre-orders. The policy is in response to consumer's concerns, Simley said, and had nothing to do with any letters or lawsuits from Jack Thompson.]

UK news site The Register is reporting that Wal-Mart has stopped taking pre-orders for the controversial game Bully after a lawsuit filed by Jack Thompson in Florida circuit court named the retailer as a defendant. Thompson targeted the big box store for "recklessly pre-selling Bully to children with no age rating having even been affixed to the game."

Though Wal-mart wouldn't confirm to The Register that the halt was in response to the complaint, the timing is certainly suspect (we're still waiting for a response to a request for comment from Walmart). Thompson has also reportedly sent letters to Amazon and Toys R Us requesting they stop taking pre-orders for the game.

What a coincidence that Wal-Mart would be violating its own policy for a year and just happen to stop doing so simultaneous with my suit. I am, by copy of this letter to Wal-Mart, asking that it state that it is refunding the monies for all such pre-orders. That is the only thing that Wal-Mart can do, and be consistent with its own policy and its recent decision not to pre-sell Bully without an ESRB rating. If the FTC can make Wal-Mart do just that, please do so.

But it gets worse. As to Take-Two, however, please note that if you go to the following link at its official corporate web site, http://www.rockstargames.com/bully/, and then click on the link called “Admissions,” you are directed by Take-Two to the following retailers’ web sites at which the customer, regardless of age, can buy Bully:

Rockstar Warehouse
EB Games
GameStop
Amazon
Wal-Mart [which has now ceased pre-sales]
FYE
Future Shop

Note that the first Internet retailer in the list is Take-Two’s own “Rockstar Warehouse.” If you go there, via the link provided by Take-Two, you can “pre-order” Bully, no questions asked as to age!

Parenthetically, as you both may know, a credit card can be used by anyone, and in fact hundreds of thousands, if not millions, of kids under the age of 18 have credit cards. That is why it is a violation of bank card agreements to use a credit card for age verification.

It is OUTRAGEOUS that Take-Two is presently subverting the entire ESRB rating system by actively, openly, recklessly selling an unrated video game, Bully, to anyone of any age. I believe this is a new installment of Take-Two fraud like that which led to the recent findings and adjudication by the Federal Trade Commission against Take-Two.

This pre-selling of Bully by Take-Two must stop now, especially since earlier descriptions by Take-Two of Bully portray a game that is very violent and deserves an “M” rating. Take-Two, as you already know, is allowing selected sycophantic game reviewers to come to Take-Two corporate headquarters and play the game. Take-Two has now put out a “trailer” of the game, sanitized of the violence that we know is in the game.

Wal-Mart’s getting caught violating its own policy of not selling unrated games and then stopping that violation is clearly probative of the impropriety and frankly, illegality, of what Take-Two is now doing. Take-Two, as a charter member of the Entertainment Software Association, has contractually committed to comply with the ESRB rating system. It is now actively violating that agreement by selling an unrated game to anyone of any age directly at its own corporate web site. This is a violation of the entire rating system, regardless of what we eventually find to be in Bully. If a video game developer can get away with pre-selling a game to anyone of any age before it is rated, then the ESRB ratings mean nothing. Kids will just preorder the game and get around the rating, whatever it is. THAT IS PRECISELY WHAT TAKE-TWO IS PRESENTLY DOING!


Put yet another way, this entire marketing approach by Take-Two is a giant scam intended to sell a school violence simulation game to school kids regardless of age, as Take-Two’s own web site proves.

This is fraud, yet again, by Take-Two.

I respectfully ask that the FTC immediately act upon this disturbing evidence. This is not conjecture. It is fact proven by Take-Two’s own corporate web site. This fraud must be enjoined and punished, especially in light of the previous action by the FTC in punishing Take-Two’s fraud.
Regards, Jack Thompson

Copies: Congressmen Stearns, Upton
ESRB
ESA
Media

Thanks Jack, I have never heard of this game until your idiocy started popping up on websites. I have pre-ordered it to support Rockstar. Lawyers like yourself, I have zero respect for. I hope a few more states Dis-bar you, you are nothing but an attention whore, but alas, the attention you whore produces game sales, good job sir!

Jack, You may wanna retract that.

In order to buy anything online, either with a preorder, or directly through a retailer, you need to have at least one following.

1. Credit card.
2. Atm card
3. Checking account.

The issue at hand is as follows.

In order to have any of those three items, you must be at least 18 years old.

Ergo, your argument that they are selling the game without rating may be correct, but, they are not selling it to minors in any case.

And don't give me that Bullshit about "Thousands of Kids have credit cards." Every single major credit card company requires the card holder be either 18, or have a signed, written, parental permission before they may use or have an atm or credit card.

So, your little letter is both fraudulant, and slanderous.

I'll make sure to inform take 2 that you are directly slandering and lieing about them to members of the us government.

Hope you like jail!

All hail Mr Thompson and his unpaid advertising of what is now more than likely going to be Rockstar's next big seller. I can only think his interest in making Rockstar and, by logical extention, Take 2 do so well is because of his investment in Take 2 stock.

Could someone tell if Jack has even won any of his cases against game industry?

Gok, to date, this is the list.

1.Columbine: Case thrown out on First amendment grounds. Jack Lost.
2. Paducah: Tort law forced case to be thrown out: Jack Lose
3. Red Lake: Case Thrown out on First Amendment grounds: Jack Lost.
4. Sniper case: No case has been noted as ever going forward, due partialy because, Despite Thompsons claims, it was later discovered that Malo, the shooter, had actually honed his skills at a rifle range, not video games.
http://en.wikipedia.org/wiki/Beltway_sniper_attacks#Regulatory.2C_civil_actions

5. Alambama case: Case now going to trial, but as he was thown of the case by Judge Moore, jack may not be involved at all. So, while the case will go forward, Jack will not be in anyway allowed to participate.

That is all I can think off, but I belive there are more. If anyone else likes to add to the list, be my guest.

Well Jacky boy you've done it now. I may just buy a couple of hundred copies of this game and hand them out to various kids I see. I've been looking for a way to spend some of my lottery winnings and this sounds fun. I do good thing with it too such as giving game systems to children's hospitals and orphanages. It makes them happy and I feel good about it too. So I'm not all that bad. Also if you look at the gamestop website they are pre selling lego starwars 2 without a rating. You better get on it man we don't want the kids getting access to all that lego on lego violence do we? I even heard of a hot brick mod for it where Han Solo gets it on with Princess Leia, but the graphics are a bit "blocky".

When Bully is rated "T" for "Teen" I am going to laugh so hard, at Jack and Wal-Mart and everyone else who's been screaming "oh noes, Columbine II, kids can't be exposed to this, murderers!" these past few months.

Honestly. The game has no guns, no hookers, no felonies... it's just a boarding school simulator. The worst is what, dunking a kid's head in the toilet?

Honestly.

It's now official, kiddies. I won, and Wal-Mart lost. See GamePolitics story. Note that W-M is selling other unrated games, but not Bully. Next stop: Total destruction of Rockstar, whose stock has gone from $26 per share to #10, all thanks to me and the Almighty, not in that order.

Hooah! Jack Thompson
Friday, August 18th, 2006
6:44 am Wal-mart Blowing Smoke on Bully Issue?

You can't get double-talk cheaper, anywhere.

Wal-mart, that bastion of low prices and low wages, appears to be doing the corporate P.R. two-step in light of its decision to stop pre-order sales of Bully from its web store, Wal-mart.com. The move came shortly after controversial Miami attorney Jack Thompson filed suit against the giant retailer and Bully publisher Take-Two Interactive in a Florida court on Wednesday.

The suit and the pulling of the game are not related, according to a Wal-mart P.R. spokesman, who claims that the mega-retailer coincidentally just happened to implement a policy not to pre-sell unrated (or RP for "rating pending") games on the same day that Thompson's Florida case was filed. GP's very limited review of Wal-mart's website this morning, however, quickly turned up several such games for sale, including Crackdown, Phantasy Star Universe, and Justice League Heroes.

To recap the chain of events, after threatening for a couple of days, on Wednesday Thompson filed his lawsuit under a Florida public nuisance statute, claiming, among other things, that to release Bully "is preparing at-risk students here and elsewhere for another Columbine."

By 1:16 on Wednesday afternoon, Thompson sent GamePolitics word that the suit had been filed and attached a copy. GP confirmed the filing with the Miami-Dade Circuit Court. Shortly after 6:00 P.M., the anti-game attorney began sending e-mails claiming that Wal-mart had pulled the game in response to his suit, terming the move a "huge initial victory."

Sure enough, searching "bully" on Wal-mart.com yields only Midway's The Ant Bully, a game based on the recent kid flick.

There was no official explanation from Wal-mart at the time and GP was critical of Thompson on Wednesday for taking a victory lap on such sketchy info. However, Joystiq reported on Thursday that "John Simley from Walmart... said that Wal-mart policy is to not carry any unrated or Rating Pending games for pre-order or sale, in-store or online. This decision was made recently... but just reflected on the web site starting this week, hence the pulling of Bully pre-orders. The policy... had nothing to do with any letters or lawsuits from Jack Thompson."

For his part, Thompson confirmed to GP yesterday that he had heard nothing official from Wal-mart, but added, "Actions speak louder than words."

Kotaku had more, including an interview with Wal-mart's John Simley, who denied Thompson's pressure had anything to do with the decision to stop Bully pre-orders.

"I'd like to give credit to Jack Thompson," Simley said, "but there are a lot of Jack Thompsons out there and we are just listening to our customers... If (Bully) comes out as an AO ("adults only" rating) that's not something we are going to carry. I think first we will be looking at the rating. Like any other product though, if it is damaging to our brand or patently offensive regardless of the rating, it's not likely we will carry it."


(14 Comments |Comment on this)

Umm, Jack, You can read right, then, read this at the bottom of the article you just Copied and Pasted, illegally mind you, from game politics.

"I'd like to give credit to Jack Thompson," Simley said, "but there are a lot of Jack Thompsons out there and we are just listening to our customers... If (Bully) comes out as an AO ("adults only" rating) that's not something we are going to carry. I think first we will be looking at the rating. Like any other product though, if it is damaging to our brand or patently offensive regardless of the rating, it's not likely we will carry it."

So, you taking credit for something without proof? Yep, thats pretty much par for the course. I will admit, Walmart has disabled the pre order feature on the website, no doubt there, but, they will still be selling the game on the 17, so, if thats what you consider a victory? Wow, look how the mighty have fallen.

Also, no suprise, that you can't stand and fight your own battles but have to cut and paste, then run away, but hey, cowards are like that. So be that as it may, see you on october the 18, when I have the game in my hot little hands, and your balling your eyes out from your newest failure. YOu know, just like your book, your attacks on penny arcade, the florida bar ((Still waiting for an update on that BTW)), columbine, paducah,redlake, Malo.

Tell me, you ever get tired of being wrong? Guess I can see why a loser like you, takes any victory he can claim, even if it is a false one.

He must be either really dumb or really stupid. Lets look at the facts. Everything that can contribute to a child being violent or having a violent nature all stems from their childhood. A kid that grows up seeing their parents fighting either physically or vocally will 90% of the time grow to be violent themselves. A product of their enviroment. (For example a child that is exposed to basketball since they were very young will either grow up and always enjoy the sport or grow up and hate the sport depending on if there was a positive or negitive atmosphere while they were around the game).

The same goes for everything. Adults most of the time love things that they use to do as a child. Fishing, playing games, pool, anything.

Well good for you jacky boy you managed to get 1 of the 10 of so stores to stop selling preorders of the game. This is what society has come to? Some kids, teens mind you that should have known the difference between right and wrong regardless of the games, music or movies they are exposed to do something wrong and we blame others for it? When Columbine happened they said it was because the kids listened to Marilyn Manson. Where were the parents at? I don't know about you but when I was a kid there was no way that I could have built bombs and had guns and my parents not know. They were involved in my life and took interest in what I did. Heck when I was in school the principle could even paddle you (with parents permission) now if they even so much as raise their voice people cry lawsuit. Parents today want to let tv and video games be the babysitter. It's not the developers fault that some mentally or socially imbalanced kid snaps and lashes out at society. Violence is unfortunately a fact of life and if we sugar coat this fact we will all be playing Barbie Horse Adventure and watching Barney on tv. It's time to move the responsibility from everyone else and put it back on the parents where it belongs.

Say what you will about Jack Thompson, but please don't say Sessler "pwned" him or whatever. Adam was an embarassment to the gaming community that night. A stuttering, screaming embarassment.

It almost gave Jack a positive light... on a fecking VIDEO GAME SHOW, no less.

*gasp*

N8dogg

I'd personally disagree, but, your entitled to your opinion.

Regardless, jack is still a lying sack of crap, and the world would be better off if he just retired to some communist island off the coast of florida.

Go to cuba jack, you'd get a real understanding for Freedom of speech when yours was taken away.

Note that W-M is selling other unrated games, but not Bully. Next stop: Total destruction of Rockstar,
Thansk Jack, your true reasons surface. You dont give a shit about vilont video games, you just hate Take Two and all there related companies and want them to go bankrupt. How fucking nice of you.

Why is everyone engaging this insane imbecile? It's clear Thompson is doing this for no other reason than the attention he seems to enjoy so much. He doesn't care if you point out that he's wrong, because whether he's right or wrong isn't the point. The point is that he gets his name in print.

And on the subject (above) of John Bruce's failures, let us not forget the affadavits he sent out claiming other crimes were linked to video games.
Jacob Robida
http://en.wikipedia.org/wiki/Jack_Thompson:_Jacob_Robida_murders

Or how about the foiled school shooting that claimed violent video games would be found in the home, only to discover the only things found were Legend of Zelda, another non-violent video game, and the computer software Quicken.

One has to wonder just how many other cases like these exist where John Bruce tries to interfere in the appropriate investigations of criminal acts.

Or, how about the ever popular quote by him that the only people that shoot others in the face are hitmen and video gamers. Just so he could influence a case to support his agenda. A simple google Advanced Search for "shot in the face" will show just how idiotic a statement he made. Dick Cheney isn't much of a hitman, let alone a hunter.

For all his chatters about "victories", he's too cowardly to admit all his loses.

nightwng2000

What's "Total Destruction" is that another game with a rating pending?

one of Jack's 50+ LiveJournal user accounts is SatanSaysHooah, he shows his true colors. Thompson secretly cut a deal to get Devin Moore to testify that videogames made him do it by lessening his sentence. Thompson doesn't know jack.

Jack Thompson = 6 pounds plus gravity