Thompson's Open Letters
This is a collection of Mr. Thompson's open letters to various
politicians, institutions and media. We are doing our best to ensure
the authenticity of this page. If you know of letters that aren't
listed here yet, please contact us through our contact
page.
All of this letters are unedited, unless otherwise stated.
Table of Contents
- Letter to Senator Joe
Lieberman, concerning Walsh
- Letter to Dean Walsh II
- Letter to Dean Walsh I
- A Modest Video Game Proposal
- The Warriors to be Released
by Take-Two
- Debate, Doug, Debate
- Leisure Suit Larry and
God of War
- Killer 7
- Distribution of Sexual
Material Harmful to Minors
- FTC Investigation of
Take-Two
- To Senator Clinton and
Senator Lieberman II
- Sims 2 and Porn
- To Senator Clinton and
Senator Lieberman I
- October 2005 Release of
School Violence Simulator Bully
- Criminal Prosecution of
Take-Two
- Probable Criminal Sale
of Sexual Material Harmful to Minors III
- Raw Sex Now Found on Millions
of Sony Playstation 2 Copies of GTA
- Probable Criminal Sale
of Sexual Material Harmful to Minors II
- Open Letter to the Members
of the Entertainment Software Association
- Probable Criminal Sale
of Sexual Material Harmful to Minors I
Letter To Senator Joe Lieberman, Concerning Walsh
[posted on 17th October 2005]
[source: Gamepolitics]
Dear Senator Lieberman:
I received late last Thursday a remarkably false and hurtful
letter from someone who is a friend of yours and who used to be
a friend of mine, Dr. David Walsh of the National Institute on
Media and the Family. Two people who got Walsh's letter are you
and Doug Lowenstein of the ESA. Therein is the explanation of
why it was really sent.
I have over the years repeatedly told Dr. Walsh of my admiration
for his knowledge as to the harm caused by mature video games
sold to minors. I have done nothing for years but praise him to
others, especially those in the media. Dr. Walsh has gotten himself
on plenty of prominent news shows about this issue on his own,
but I got him on 60 Minutes this year and in Reader's Digest.
Dave indicated that he was pleased that I did. Neither of us seeks
the publicity for its own sake. We both care about the message.
It will save lives.
The three of us, obviously, have shared this same concern about
adult games sold to kids for a very long time. When you meet the
bereaved families of these victims, they change your life forever,
as did the families in Paducah whom I represented. Critics of
the three of us don't understand our concern. They haven't met
the victims.
The very day I sent Dave a draft of an affidavit for him to sign
for our wrongful death case in Alabama, Dave, instead of calling
me wrote this letter saying that I needed to stop suggesting publicly
and otherwise that he endorses what I do. I have NEVER suggested
such a thing, ever. Dave and I have joked about how he is the
"good cop" on this issue, and I am the "bad cop."
But if Dave had a problem with my "tactics," I believe
you and I both know, as people of faith, that the Biblical principle
is that you go privately to the person with whom you have a disagreement
and express the concern. Dave NEVER did that. Why?
You see, Senator, I am presently suing Best Buy and Target over
Take-Two's planned release of Bully, a Columbine simulator in
which you can bludgeon your classmates and teachers. I was on
ABC World News Tonight and CNN's Lou Dobbs Tonight about Bully
and my lawsuit against these retailers. The stakes here are very
high.
Dave's organization is funded by Target and Best Buy. Elliot
Kaplan is a lawyer who defended Best Buy the last time I sued
it successfully, and it is his foundation that, in Kaplan's words
"has given millions of dollars to Dave Walsh." Kaplan
is a director on the Board of Best Buy. You and I both learned
to "follow the money" a long time ago. It can explain
why friends write letters that have absolutely no basis in fact
but which help those who fund them. Why else would Dave tell me
publicly to stop doing something he could have asked me to do
privately and which I have never done?
Dave copied you with that letter. He did that because he knew
of my relationship with your office, how I have sat with your
people the day we were both interviewed for Spencer Halpin's Moral
Kombat documentary that is coming out this fall. I am deeply appreciative
of your Chief of Staff's tremendous concern and interest in this
issue. I have a lovely letter from you thanking me for my abiding
involvement in this issue. Nobody here is saying you endorse my
methods. You appreciate my concern.
Why did Dave Walsh send his letter to Doug Lowenstein - to make
sure that it would be spread all over the world. That is precisely
what has happened. You should hear the things Dave has said to
me about Doug, about his prevarications. I think Doug is a liar.
Dave is too nice a guy to say so publicly, but I am not. Doug
Lowenstein, in my opinion, is personally responsible for a number
of deaths. He is paid well to spin like the worst propagandists
in history. I don't need to tell you the harm that propagandists
can cause, the lives they can cost. The Third Reich was founded
upon propaganda as surely as it was founded upon armaments. When
Doug Lowenstein says the industry wants kids not to buy these
games, he is lying. When he says there is no proof that these
games hurt kids, he is lying. Dave would not say so. I say so.
I'm not nice, and I don't pretend to be.
The reason Dave sent that letter is the same reason the Philadelphia
law firm of Blank Rome has embarked on character assassination
of me in our case in Alabama arising out of Take-Two's GTA games.
Blank Rome has as one of its partners Barbara Comstock, the head
of "opposition research" at the RNC. Blank Rome has
unethically used her RNC techniques on me because they know they
can't win this case, covered on 60 Minutes and in Reader's Digest
on the merits, so they have cranked up their Swift Boat Vets approach
and used it on me, with no facts to back them up. As Twain said,
"A lie is half way around the world before the truth puts
on its shoes." Dave Walsh's money people took a page out
of the Blank Rome/RNC playbook. I am getting used to it. All it
has accomplished is make me more determined to destroy the Take-Two's
of the world, by God's grace.
Dave Walsh is a very nice man who blew this one. I happen to
think there is room in the world for Dave's approach on games,
but I also think somebody has to be willing to get in the trenches
and slug it out with sociopaths. Take-Two's Mr. Houser proves
in today's New York Times he is just such a sociopath.
With all respect, Dave's Annual Video Game Report Card has not
slowed down Take-Two, has it? I have used lawsuits in the past
to accomplish some very good things. I made enemies in the process.
I am proud to count Doug Lowenstein as one of them.
I wish you all of God's best. I wish people like Take-Two all
of Satan's worst. Dave Walsh would not say that, and that is part
of his charm. Some of us were not called to be charming. I want
to win this thing, not for my sake, but because lives are at stake.
That is what makes what Dave did so hurtful. Instead of calling
me up and talking to me man to man, he wrote a letter to Doug
Lowenstein.
Blessings, Jack Thompson
Letter To Dean Walsh II
[posted on 14th October 2005]
[source: Gamepolitics]
October 14, 2005
Dear Dave:
It is interesting that you sent your useful letter (useful to
us) to Doug Lowenstein immediately after you received my request
for an affidavit in Strickland v. Sony.
If you shared this confidential affidavit with Doug Lowenstein,
or with anybody else, as you shared your letter with the video
game industry, then you have a problem.
Unfortunately, Dave, you have opened up the issue of your organization's
funding. Bad move.
You liked your collaboration with me when I got you on 60 Minutes,
but not when it inconvenienced your cozy relationship with Best
Buy and the rest of the video game industry.
You got some pretty bad legal advice in this, Dave, but that
does not surprise. You're talking to attorney Elliott Kaplan,
who sits on the Best Buy board.
Regards, Jack Thompson
Letter To Dean Walsh I
[posted on 14th October 2005]
[source: Gamepolitics]
Sent: Thursday, October 13, 2005 6:01 PM
Dave, I received your letter today. A couple of clarifications,
if I'm allowed to do that.
I have never given the impression that you are anything other
than a remarkably talented and insightful professional who has
been sounding the alarm for many years about the dangers of adult
entertainment when consumed by kids. I started doing that in 1987.
Not sure as to the precise date you started, but it has been a
long time.
I have never said to anyone that you and I are in league with
one another. I did recommend that 60 Minutes and Reader's Digest
talk to you about the Alabama wrongful death case. I think it
is fair to say you would not have been on those programs if I
had not recommended you. I was happen to do it. As you recall,
I got you the video gamer to sit with in Tuscaloosa to show the
violent content of GTA: Vice City. I was happy to do it.
You will also recall that it was I that urged you to go forward
on the "Hot Coffee mod" scandal. You repeatedly called
me for legal advice and I freely gave it. As you know, I prepped
Senator Clinton, per her staff's request, before she had her splendid
"Hot Coffee" news conference. As you will recall, you
called me to let me know you were on your way to Washington to
do that press conference with her. I was happy for you.
I certainly did, however, lose respect for Senator Clinton when
she decided, after that, to attend a fundraiser thrown for her
by the video game industry and by ESA's Doug Lowenstein. To me,
that was a sell-out for campaign cash. It may be that because
you raise money for your organization you understand the needs
of fundraising, but to take money from the ESA is to take blood
money. The parents I represented in Paducah would not understand,
nor do I. I note you send Doug Lowenstein, your letter to me.
That is quite odd, given the things you have said to me about
him in the past.
I am wondering just who, David, these people are whom I have
criticized "who have worked to improve the lives of children."
Do you have in mind the folks at Best Buy, one of whom you copied
with your letter? I know you get money from people connected with
these folks, David, but you do know that Best Buy is presently
pre-selling, to adults and to children, the Columbine simulator
game, Bully? You do know that, right, David? Of course you do.
I told you Best Buy was doing that. So is the Target Corporation,
whose Chairman Bob Ulrich you copy with your letter. I am wondering,
David, what these men have to do to get on your bad side? Do they
actually have to do the physical bullying of kids, as selling
a bullying rehearsal trainer to kids is okay?
Finally, Dave, I understand that your letter is more about protecting
your funding sources than criticizing me, so I understand what
you felt you had to do. But there is something else here. Your
role in this fight is indispensable - or I should say has been,
as you maybe have decided to go a different route now - and I
applaud you for what you have done.
But the thing that makes you feel uncomfortable with me is no
so much that I have gone too far but that you have not gone far
enough. The time for hand-wringing and trying to "persuade"
the bad guys to stop being bad was over quite sometime ago. Now
I understand the mindset of the upper Midwest, especially in the
Twin Cities. Everybody likes to get along, assume that everyone
"means well," and things will all just work out for
the best in the end.
I know, and you know, if you are being honest, that that is not
how the world works. Evil people sometimes have to be stopped,
or at least their evil has to be stopped. You can cite all the
studies and all the findings and keep giving your video game report
card to Congress, and it will not matter unless somebody gets
into the trenches and stops these people. While you have been
giving report cards on a bunch of sociopaths, the violent games
have been getting more violent.
Senator Lieberman, bless his heart, wants with Senator Clinton
to fund a study with taxpayer dollars to find out if violence
in entertainment really makes kids violent. That was decided years
ago. It is a dodge from having to do something about the violence.
The entire ESRB rating system is a joke. It is a tool for marketing
violence to kids. It does not stop the sale of violence to kids.
You know that. It would be better if we had no system, and then
parents would not have been fooled for more than a decade into
thinking that the system was actually protecting their kids.
Liberals, like you, love to label things and then think that
the labeling has accomplished something. If that had been the
case, then Churchill's calling Hitler a Nazi would have ended
the war. But no, people like me had to get into the trenches and
stop the Nazis. And there were always those tut-tutting back home
about what a nasty business it is to stop the bad people, and
can't we all just "get along."
Actually, Dave, and this is the point: We can't just all get
along. You want to criticize retailers like Best Buy, while at
the same time taking their money. That is what prompts your letter
to me decrying my tactics and my hyperbole and so forth.
I have been dismayed by your being on both sides of the fence,
because it undercuts your credibility.
Dave, it is laughable, it is absurd, that you have copied your
email to Bill Gates, of all people. This is a guy whose Halo trained
Malvo to kill in D.C. This is a guy who now has put all the Grand
Theft Auto games on his XBox. This is a man who is going to release
Bully when the coast is clear in the spring.
Gates is a man who wants to be on both sides of a fence. Sound
familiar?
Regards, Jack Thompson
A Modest Video
Game Proposal
[posted on 10th October 2005]
[source:
Advanced Media Network]
"Do unto others as you would have
them do unto you." The Golden Rule
This writer has been saying for seven years that violent video
games can be "murder simulators" that incite as well
as train some obsessive teen players to be violent.
I've been on 60 Minutes and in Reader's Digest this year explaining
how an Alabama teen, with no criminal record, shot two policemen
and a dispatcher in their heads and fled in a police car--a scenario
he rehearsed for hundreds of hours on Take-Two/Rockstar's Grand
Theft Auto video games.
I have sat with boys in jail cells, their lives over because
of murder convictions, after they, with no history of violence,
have killed innocents while in a dreamlike state. Said one cop
who investigated such a murder in Grand Rapids, Michigan: "The
killing was like an extension of the game."
The video game industry, through its lawyers, its spokesmen,
and its head lobbyist, Doug Lowenstein, the president of the Entertainment
Software Association, all say it is utter nonsense to suggest
that what is dumped into a kid's head hour after hour, day after
day, year after year, could possibly have behavioral consequences.
Cigarette ads can persuade kids to smoke, but interactive simulators
in which these same kids punch, hack, bludgeon, and maim affect
not a wit their attitudes and behaviors, notwithstanding the findings
of the American Psychological Association, published in August
2005.
The video game industry says Sticks and stones can break my bones,
but games can never hurt me. Fine. I have a modest proposal for
the video game industry. I'll write a check for $10,000 to the
favorite charity of Take-Two Interactive Software, Inc's chairman,
Paul Eibeler - a man Bernard Goldberg ranks as #43 in his book
100 People Who Are Screwing Up America - if any video game company
will create, manufacture, distribute, and sell a video game in
2006 like the following:
Osaki Kim is the father of a high school boy beaten to death
with a baseball bat by a 14-year-old gamer. The killer obsessively
played a violent video game in which one of the favored ways of
killing is with a bat. The opening scene, before the interactive
game play begins, is the Los Angeles courtroom in which the killer
is sentenced "only" to life in prison after the judge
and the jury have heard experts explain the connection between
the game and the murder.
Osaki Kim (O.K.) exits the courtroom swearing revenge upon the
video game industry whom he is convinced contributed to his son's
murder. "Vengeance is mine, I will repay" he says. And
boy, is O.K. not kidding.
O.K. is provided in his virtual reality playpen a panoply of
weapons: machetes, Uzis, revolvers, shotguns, sniper rifles, Molotov
cocktails, you name it. Even baseball bats. Especially baseball
bats.
O.K. first hops a plane from LAX to New York to reach the Long
Island home of the CEO of the company (Take This) that made the
murder simulator on which his son's killer trained. O.K. gets
"justice" by taking out this female CEO, whose name
is Paula Eibel, along with her husband and kids. "An eye
for an eye," says O.K., as he urinates onto the severed brain
stems of the Eibel family victims, just as you do on the decapitated
cops in the real video game Postal2.
O.K. then works his way, methodically back to LA by car, but
on his way makes a stop at the Philadelphia law firm of Blank,
Stare and goes floor by floor to wipe out the lawyers who protect
Take This in its wrongful death law suits. "So sue me"
O.K. spits, with singer Jackson Brown's 1980's hit Lawyers in
Love blaring.
With the FBI now after him, O.K. keeps moving westward, shooting
up high-tech video arcades called GameWerks. "Game over,"
O.K. laughs.
Of course, O.K. makes the obligatory runs to virtual versions
of brick and mortar retailers Best Buy, Circuit City, Target,
and Wal-Mart to steal supplies and bludgeon store managers and
cash register clerks. "You should have checked kids' IDs!"
O.K. pushes on to Los Angeles. He must get there by May 10, 2006.
That is the beginning of "E3" -- the Electronic Entertainment
Expo -- the Super Bowl of the video game industry. O.K. must get
to E3 to massacre all the video game industry execs with one final,
monstrously delicious rampage.
How about it, video game industry? I've got the check and you've
got the tech. It's all a fantasy, right? No harm can come from such
a game, right? Go ahead, video game moguls. Target yourselves as
you target others. I dare you.
The
Warriors to be Released by Take Two
[posted on 25th August 2005]
[source: Gamepolitics]
Patricia Vance
President
Entertainment Software Rating Board
317 Madison Avenue, 22nd Floor
New York, NY 10017 Fax: 212-759-2223
Re: The Warriors to be Released by Take-Two/Rockstar October 12,
2005
Dear Ms. Vance:
As you know, the ESRB’s Ad Review Council (ARC), in accordance
with its rules, has just required game developer Atlus U.S.A.
to yank the ad trailer for its new game Samurai Western from the
public domain because of the gore contained in the trailer. Your
own ESRB/ARC guideline is this: "No advertisement should
contain any content that is likely to cause serious or widespread
offense to the average consumer." You can read all about
it at www.gamepolitics.com.
Well, the ESRB needs to be consistent, Ms. Vance. Currently,
Take-Two Interactive Software, Inc., is running incredibly violent
trailers for its October 12-release game The Warriors that are
clearly violative of the above-note ESRB/ARC rule. I have sent
you the trailers. The trailers reflect a game that eclipses the
violence level even of Take-Two/Rockstar’s Grand Theft Auto
games.
Why the discrepancy, the double standard, Ms. Vance, when it
comes to Take-Two Interactive? Well, well, well. It turns out
that Take-Two, of course, is a “Member” of your sister
organization, the Entertainment Software Association whose President,
Doug Lowenstein, throws money at politicians who get out of line
on the video game issue. The money he throws at them comes from
ESA “Members.” The “Members,” which include
Sony and Microsoft, pay ESA and Doug Lowenstein to throw their
weight and their money around. It is a scheme as old as the payment
of a bag of silver to Judas Iscariot, only the ones being betrayed
here are children. Jesus said, by the way: “If any of you
should cause one of these little ones to stumble, then it would
be better for you that a millstone be tied around your neck and
that you be cast into the sea.”
Atlus U.S.A. is not a “Member” of the ESA and thus
does not have “the juice” that Take-Two has, despite
Take-Two/Rockstar’s having been, in the last several weeks,
nailed by the U.S. Securities and Exchange Commission for $8.75
million for “fraudulent accounting practices” and
by Senator Clinton, by the US House of Representatives, and by
others, including the undersigned, for illegally placing sex scenes
in GTA: SA and then lying about it.
Exactly what, Ms. Vance, does Take-Two’s CEO Paul Eibler,
who is #43 in Bernie Golberg’s 100 People Who Are Screwing
Up America, have to do for the ESRB, finally, to do its job? Does
he have to personally walk into a fifth-grade classroom and hand
out copies of The Warriors to children, or does pushing Bully
and The Warriors to children through corporate surrogates and
pimps suffice?
Do your job, Ms. Vance. Tell Take-Two to pull down its public
domain trailers for The Warriors. They violate your ESRB/ARC rules.
Oh, and the trailers prove the game has to be rated “AO,”
not “M.” Be careful, Ms. Vance. I and others are monitoring
you at a point in time that the ESRB is hanging onto its existence
by a frayed controller wire.
Regards, Jack Thompson
Copy: New York Attorney General Spitzer
US Senator Charles Schumer
US Senators Hillary Clinton, Joe Lieberman, Sam Brownback, Rick
Santorum
Congressman Upton
Assemblyman Leland Yee
Many Others
Debate, Doug, Debate
[posted on 19th August 2005]
[source: Gamepolitics]
John B. Thompson, Attorney at Law
1172 South Dixie Hwy., Suite 111
Coral Gables, Florida 33146
305-666-4366
August 19, 2005
Doug Lowenstein
President
Entertainment Software Association
1211 Connecticut Avenue NW Suite 600
Washington, D.C. 20036 Via Fax to 202-223-2401
Re: Debate, Doug, Debate
Dear Mr. Lowenstein:
I watched The People vs. Larry Flynt last night, and it reminded
me of this: If Larry Flynt can handle debating Jerry Falwell,
you can certainly handle debating me.
The two of them, several years ago did debate one another, and
the nation was the richer for it. Don’t be afraid of the
First Amendment, Doug. It works.
Regards, Jack Thompson
Leisure Suit
Larry And God Of War
[posted on 6th August 2005]
[source: Gamepolitcs]
John B. Thompson, Attorney at Law
1172 South Dixie Hwy., Suite 111
Coral Gables, Florida 33146
305-666-4366
jackpeace@comcast.net
August 6, 2005
Patricia Vance
President
Entertainment Software Rating Board
317 Madison Avenue, 22nd Floor
New York, NY 10017 Fax: 212-759-2223
Re: Leisure Suit Larry: Magna Cum Laude and God of War
Dear Ms. Vance:
Thanks to some honorable people in the video game industry and
also in the gaming community, it appears to me, and to them, and
I am rather certain it will appear to Members of Congress, that
the above two video games should be re-rated “AO”
rather than their present “M.”
Of course, you know why.
Please put on the fast track a reassessment of these two games,
along with Killer 7, as I believe a failure to do so will make
things even more difficult for the ESRB and the video game industry
with the coming governmental inquiries into whether the ratings
system is broken, as Senator Clinton has indicated.
Sincerely, Jack Thompson
Copies: Senator Clinton, Senator Lieberman, Senator Brownback, Senator
Santorum
Assemblyman Yee
Federal Trade Commission
Congressman Upton
Class action counsel
Media
Others
Killer 7
[posted on 5th August 2005]
[source: Gamepolitics]
August 5, 2005
Patricia Vance
ESRB
317 Madison Avenue, 22nd Floor
New York, NY 10017 Fax: 212-759-2223
Re: Killer 7
Dear Ms. Vance:
I have just learned facts that indicate the above violent game
most likely deserves an “AO” rating rather than the
“M” rating which your ESRB has given it.
As you may or may not know, more than forty states have “sexual
material harmful to minors” statutes which prohibit the
sale of sexually explicit material to anyone under 18 years of
age. This hiatus between the “M” (age 17) rating and
the statutory criminal standard (age 18) has always posed significant
peril to the industry through games that contain sexual material,
and it appears that those pigeons may come home to roost in Killer
7. “Hot Coffee” is a fairly recent example of the
peril. As to Killer 7, please note:
The following is found in a review of Killer 7 by Matt Casamassina
at http://cube.ign.com/articles/630/630908p1.html
which contains the following observations at this pro-violent
game Internet site:
“…profanity, sex and bloodshed are commonplace…
We can't stress it enough: kids should not play Killer 7. Not
just because there's an M on the box, but because for once that
M really means something. There's much more than blood and guts
in the game. Everything from the design of puzzles to the subject
matter is designed for older players and it's really that simple….
And there are cinematics that feature full-blown sex sequences….
Killer 7's adult themes, which encapsulate extremely violent,
profane and sexual situations, as well as a wide range of issues
from terrorism to the sale of children, make the M on the box
really mean something.”
Ms. Vance, this game was released on July 7, 2005. It may be
that the stir caused by the “Hot Coffee” in Grand
Theft Auto: San Andreas distracted all of our attention from Killer
7.
There is no question in my mind that a video game containing
“full-blown sex sequences” cannot be rated anything
other than “AO” rather than “M.” The reviewer
above in fact says that this game’s “M” actually
means something, and he says it twice for emphasis.
There are those who would say that people such as I are “prudes”
who have no problem with violence but get uptight about sexual
content in games. That is a disingenuous charge, and you know
why. I have been on national television programs, as early as
the week before Columbine, complaining about 13-year-olds being
enabled by the ESRB to violent “M” games. But it is
your sister organization, the Entertainment Software Association,
that is in court right this second in Illinois trying to prevent
the extension of the “sex” argument to the “violence”
argument. It is your industry, then, that thinks violence is okay
for kids but that sex, given state laws already on the books,
is not okay. Well, the Killer 7 game underscores the fact that
your organization and the industry it fronts for appear to try
to get away with anything that is harmful to kids, whether already
illegal or not.
What it also means is that if jurors in a criminal prosecution
were asked whether Killer 7 contains “sexual material harmful
to minors” in violation of statutory standards, then, based
upon the above enthusiastic review at IGN.com, the answer to that
question would probably be “yes.”
That answer would put the Entertainment Software Rating Board,
in my opinion, in the middle of a criminal conspiracy to distribute
sexual material harmful to minors in violation of criminal statutes.
This is not a situation in which the ESRB has been blind-sided
by hidden or embedded content, Ms. Vance. You all have known that
the “full-blown sex sequences” are patently present
in the game, yet you chose to put an “M” rather than
an “AO” rating on it. Big mistake.
If I were you, Ms. Vance, I would immediately ask the makers
of this game, and all retailers, to pull it from store shelves.
If you don’t, expect for others to use this latest scandal,
which I am hereby officially kicking off, to call for a dismantling
of the ESRB.
The fox has guarded the chickens long enough. Killer 7 seems
to prove it.
Sincerely, Jack Thompson
Copies: All sorts of folks
Distribution
Of Sexual Material Harmful To Minors
[posted on 24th July 2005]
[source: Gamepolitics]
John B. Thompson, Attorney at Law
1172 South Dixie Hwy., Suite 111
Coral Gables, Florida 33146
305-666-4366
jackpeace@comcast.net
July 24, 2005
The Honorable Leland Y. Yee
Speaker Pro Tempore
California State Assembly
State Capitol Sacramento, California Fax: (916) 319-2112
Re: Distribution of Sexual Material Harmful to Minors by the
Video Game Industry
Dear Speaker Yee:
I was privileged to be involved in the successful effort, as were
you, to compel the ESRB to finally do its job regarding Grand
Theft Auto: San Andreas. I have information for you, however,
about a matter that may be an even worse abuse by the video game
industry.
The Sims video game franchise is the most popular in history.
These games are rated “T” for teen, which means they
are supposedly appropriate for kids 13 and over. However, this
game is a prime example of the “ratings creep” about
which Dr. Kimberly Thompson of Harvard University has written.
There is some rather remarkable sexual content in the Sims games
which I and others believe would warrant an “M” rating
as to the content that is patently in them.
Proof that parents should be concerned as to what is the sexual
content in this supposedly “T” game is that one site
on the Internet is offering parents a means to shield their kids
from the known sexual content of the Sims games. But this gets
worse.
It turns out that Electronic Arts, the publisher of all the Sims
games, has allowed the player, with a simple cheat code that even
the New York Times is distributing, to remove a “censor
flag” in the game in order to make the players nude, including
the Sims children. A similar cheat code allowed players to access
the “Hot Coffee” content of GTA: SA. The nudity is
not put into the game. It is already there, put there by EA to
be accessed by all. But this gets worse.
Electronic Arts has encouraged the “mod community,”
by comments of the game’s creator and by a failure to protect
its copyrighted code in the game, to create “skins”
for the nude figures that are explicit in nature as they depict
genitalia, with some specific mods appealing to “fetishists”
as well. The unlocked nudity dovetails nicely into this modding.
These mods are offered at all sorts of “porn” sites
on the Internet, and they use the Sims name. EA is fully aware
of this and is doing nothing about it. If Electronic Arts wanted
this activity stopped, it believe they could shut it down in a
New York minute. However, as you and I both know, this industry,
including EA, has benefited financially from such collaborations
with the “mod” industry. That is what is occurring
here, and the damning admissions of the game’s creator,
Will Wright, and his enthusiasms for “mods” prove
it.
I should like to encourage you to conduct hearings on the full
breadth of the scandal within the video game industry, which now
includes collaborating with those who are putting sexually explicit
material into the hands of children by making an “M”
game that is labeled a “T,” then facilitating the
unlocking of nudes in the game, and then looking the other way
when others are apparently using their copyrighted code to modify
the nudes into images that appeal to the prurient interest.
This is not artistic license, in my opinion. It is conspiracy
to violate the law at the expense of vulnerable children, behind
their parents’ backs.
The ESRB has always been a joke. Now ESRB is a cruel joke.
Regards, Jack Thompson
FTC Investigation
Of Take Two Interactive
[posted 24th July 2005]
[source:
Gamepolitics]
John B. Thompson, Attorney at Law
1172 South Dixie Hwy., Suite 111
Coral Gables, Florida 33146
305-666-4366
jackpeace@comcast.net
July 24, 2005
The Honorable Fred Upton
U.S. House of Representatives
Kalamazoo District Office
157 South Kalamazoo Mall
Suite 180
Kalamazoo, MI 49007 Fax: (269) 385-2888
and
Washington D.C. Office
2183 Rayburn House Office Building
Washington, D.C. 20515 Fax: (202) 225-4986
Re: FTC Investigation of Take-Two Interactive Software, Inc.
Dear Congressman Upton:
I wish to thank you for your call that the FTC investigate Take-Two
Interactive in the Grand Theft Auto: San Andreas “Hot Coffee”
scandal, specifically as to whether Take-Two lied.
I happen to have been in the middle of that scandal. Further,
the current issue of Reader’s Digest (August) features an
original article about our wrongful death lawsuit in Alabama arising
out of the Grand Theft Auto games. Take Two’s alleged responsibility
for the deaths of two officers and a police dispatcher was also
recently aired on CBS’s 60 Minutes.
There is a lot I could tell your staff about Take-Two, including
the recent $8.75 million fine Take-Two had to pay for fraudulent
accounting practices and other matters. The “Hot Coffee”
mod matter is just the tip of the iceberg. This is an industry
totally out of control.
Please feel free to have your staff contact me at their earliest
convenience.
Regards, Jack Thompson
To Senator Clinton
And Senator Lieberman II
[posted on 23th July, 2005]
[source: forwarded to us]
John B. Thompson, Attorney at Law
1172 South Dixie Hwy., Suite 111
Coral Gables, Florida 33146
305-666-4366
jackpeace@comcast.net
July 23, 2005
The Honorable Hillary Rodham Clinton
United States Senate
Washington, D.C. Via e-mail
The Honorable Joseph Lieberman
United States Senate
Washington, D.C. Via e-mail
Dear Senator Clinton and Senator Lieberman:
I have had a number of video gamers threaten to kill me in the
last few days in the aftermath of the success against Grand Theft
Auto: San Andreas. This is noteworthy in a number of regards:
1. The people threatening to kill me so are doing so in the name
of the First Amendment and “freedom of expression”—not
mine, of course, just theirs. Don’t you love it?
2. The use of death threats in retaliation for my participation
in the public square serves to prove, rather convincingly, that
the violent video games are having the attitudinal effect that
psychologists such as Dr. David Walsh and others who have testified
before Congress say they have.
3. None of the “video game media” will report that
the gamers are threatening to kill me, although I have asked them
to report this phenomenon, as it reveals the validity of the above
two points.
I would appreciate any help your respective offices could give
me in persuading the FBI to act in response to these threats.
I don’t think anyone should have to put up with such dangerous
nonsense.
Regards, Jack Thompson
Sims 2 And Porn
[posted on 23th July, 2005]
[source: forwarded to us]
John B. Thompson, Attorney at Law
1172 South Dixie Hwy., Suite 111
Coral Gables, Florida 33146
305-666-4366
jackpeace@comcast.net
July 23, 2005
Steve Bené, Attorney
VP, General Counsel and Corporate Secretary
Electronic Arts Inc.
209 Redwood Shores Parkway
Redwood City, CA 94065 fax: 650-628-1422 email: copyright@ea.com
Re: The Sims 2 and Porn
Dear Mr. Bene:
Mods are readily available via the Internet to turn the characters
in your company’s The Sims 2 into nudes with exposed genitalia.
This includes the children in the game. EA has made this modding
easy by making it readily possible to remove “the blur”
from the genital areas. Even the New York Times’ web site
is providing this cheat code to remove the blur.
Adult “porn sites” are featuring, via free downloads,
the mods that allow the consumer to customize the appearance of
the labia, nipples, pubic hair, and penises. As you know, The
Sims 2 already features reproductive activities in this “T”
rated game.
Such modding is made more likely by public statements by the
game’s creator, Will Wright, that he supports the modding
of the game.
To the extent that your company does absolutely nothing to crack
down on this apparent infringement upon EA’s copyrighted
material, which is in possible violation of its various software
agreements and warnings, then EA collaborates, in every sense
of the word, with the modders to put this material into the hands
of consumers, many of whom are children, given the inviting “T”
rating on the game.
I urgently ask Electronic Arts to stop this modding activity
by appropriate means, otherwise the “T” rating given
the game by ESRB means, for all practical purposes, nothing and
breaches trust with parents.
Regards, Jack Thompson
Copies: Media
U.S. Senators Clinton, Lieberman, Brownback, Santorum
California Assemblyman Leland Yee
To Senator Clinton
And Senator Lieberman I
[posted on 23th July 2005]
[source: Gamepolitics]
John B. Thompson, Attorney at Law
1172 South Dixie Hwy., Suite 111
Coral Gables, Florida 33146
305-666-4366
jackpeace@comcast.net
July 23, 2005
The Honorable Hillary Rodham Clinton
United States Senate
Washington, D.C. Via e-mail
The Honorable Joseph Lieberman
United States Senate
Washington, D.C. Via e-mail
Dear Senator Clinton and Senator Lieberman:
I have had a number of video gamers threaten to kill me in the
last few days in the aftermath of the success against Grand Theft
Auto: San Andreas. This is noteworthy in a number of regards:
1. The people threatening to kill me so are doing so in the name
of the First Amendment and “freedom of expression”—not
mine, of course, just theirs. Don’t you love it?
2. The use of death threats in retaliation for my participation
in the public square serves to prove, rather convincingly, that
the violent video games are having the attitudinal effect that
psychologists such as Dr. David Walsh and others who have testified
before Congress say they have.
3. None of the “video game media” will report that
the gamers are threatening to kill me, although I have asked them
to report this phenomenon, as it reveals the validity of the above
two points.
I would appreciate any help your respective offices could give
me in persuading the FBI to act in response to these threats.
I don’t think anyone should have to put up with such dangerous
nonsense.
Regards, Jack Thompson
October
2005 Release of School Violence Simulator Bully
[posted on 21th July 2005]
[source: forwarded to us]
John B. Thompson, Attorney
1172 South Dixie Highway, Suite 111
Coral Gables, Florida 33146-2750
Phone: 305-666-4366
Jackpeace@comcast.net
July 21, 2005
William H. Gates
Chairman and Chief Software Architect
Microsoft Corporation
Redmond, Washington 98052-6399 Via Fax to 425-936-7329
Howard Stringer
Chairman and CEO
Sony Corporation
Paul Eibeler
CEO
Take-Two Interactive Software, Inc.
C/o Sony’s and Take-Two’s Counsel
Robert Baugh, Attorney
Sirote & Permutt
2311 Highland Avenue South
Birmingham, AL 35205 Fax: (205) 930-5101
Re: October 2005 Release of Take-Two/Rockstar School Violence
Simulator Bully
Dear Mr. Gates, Mr. Stringer, and Mr. Eibeler:
As you all know, your respective three companies plan to make
available to adults and to teens a hyperviolent video game called
Bully in October 2005 for play on Sony Playstation 2 and Microsoft
XBox game platforms.
As you also know, a mole within Rockstar called me in March after
my appearance on CBS’s 60 Minutes and told me about this
game, which he said would be the equivalent of Grand Theft Auto:
Vice City in a school setting on which kids can rehearse bludgeoning
their fellow students and teachers. The Rockstar employee said
“This will be Grand Theft Auto: San Andreas in a school
setting.”
I put out, nationally, a news release about all this after the
mole called, and, sure enough, Take-Two confirmed weeks later,
at E3, that it had in fact made such a game for Sony and Microsoft.
Take-Two has foolishly put up at its www.rockstargames.com website
a screenshot showing students beating up one another in the Bully
game.
Additionally, the school’s slogan in which this violence
is rehearsed in virtual reality is shown at the Take-Two website
to be the Latin phrase Canis Canem Edit. Those of us who grew
up in a place and time in which sociopaths were not running major
entertainment companies and who did our Latin homework know that
phrase means “Dog Eat Dog.” How quaint.
Thus, in six years you three men have helped take the video game
industry from the nation’s knowledge that Klebold and Harris
trained for their school massacre on the game Doom to the point
at which Sony, Microsoft, and Take-Two have come up with a game
for kids to rehearse for new massacres. Of course virtual violence
will spill over into reality.
A major event is going to occur in a matter of days regarding
your companies’ collaboration to unleash this game on the
world’s parents and their kids. I have given you, yet again,
by this letter, fair warning that I and others are out to stop
you from doing so. This is possibly the most reprehensible thing
yet that the video game industry has done.
In light of the ESRB’S revelations of yesterday, what a
surprise that scofflaw Take-Two is in the middle of this looming
outrage.
Let me tell you all something else: When the violence ensues from
this game, in light of the crushing scientific, medical, and law
enforcement evidence that such a game will spawn real violence,
I and others will be there to punish your companies for that.
Mr. Gates, let me say something to you directly, as most Americans
have grown to expect such recklessness from Sony and Take-Two:
You give away close to $8 billion a year through your and your
wife’s Foundation to help quite a few children. You and
your wife are to be commended for that.
But you substantially undo all this good and the goodwill for
your company when you do something as stupid and/or as reckless
as the above. This is akin to Dr. Jonas Salk selling heroin to
children.
You, Mr. Gates, appeared on CBS’s 60 Minutes II recently
and said, on camera: “The cool thing about these games is
that they transport you to a world you think is real.” I
may have to make you eat those words in a courtroom.
I was on national television the other day with an internationally
known and respected religious leader who mentioned you by name
as acting irresponsibly in making the 25 to Life cop-killing game
for the Microsoft XBox.
Mr. Gates, have you become so rich and powerful that you have
lost your bearings? I beg you, on behalf of all the children at
least in America’s schools, of which my 12-year-old is one,
to stop the release of Bully for Microsoft’s XBox.
Either you will do it, or I and others will do our best to do
it for you, and if we can’t, then we shall punish your company
and the other companies for the consequences of your recklessness.
Sincerely, Jack Thompson
Copies: Senators Clinton, Schumer, Lieberman, Santorum, Brownback
Media
Others
Criminal Prosecution
Of Take Two
[posted on 20th July 2005]
[source: Gamepolitcs]
John B. Thompson, Attorney
1172 South Dixie Highway, Suite 111
Coral Gables, Florida 33146-2750
Phone: 305-666-4366
Jackpeace@comcast.net
July 20, 2005
The Honorable Alberto Gonzales
Attorney General of the United States
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530 Via Federal Express
Re: Criminal Prosecution of Take-Two Interactive Software, Inc.,
and Others
Dear Attorney General Gonzales:
The Entertainment Software Ratings Board (ESRB) has announced
today that Take-Two Interactive Software, Inc. of New York, New
York, has been distributing sexually explicit material to children
on its Grand Theft Auto: San Andreas game.
Take-Two for more than a month has knowingly misled the ESRB
and the public about the explicit sexual content on this game.
They have been caught today in the web of their lies.
In addition, certain major retailers such as Best Buy, Target,
Wal-Mart, Gamestop, and Circuit City all knew for quite sometime
that this sexual material harmful to minors was on the games,
yet they continued to sell the product to minors. I have correspondence
from Best Buy’s general counsel that is intended to facilitate
these sales to minors.
Additionally, both Sony and Microsoft knew that this sexual material
was on their versions of this game, and yet they continued to
distribute the game for sale to minors.
There is no question in my mind that Take-Two and the above-noted
corporations have engaged in a knowing conspiracy to distribute
sexual material harmful to minors in violation of state and federal
laws and must be prosecuted. At the very least, your Department
of Justice must investigate this matter and act appropriately.
Regards, Jack Thompson
Probable
Criminal Sale of Sexual Material Harmful to Minors III
[posted on 18th July 2005]
[source: forwarded to us]
John B. Thompson, Attorney at Law
1172 South Dixie Hwy., Suite 111
Coral Gables, Florida 33146
305-666-4366
jackpeace@comcast.net
July 16, 2005
The Honorable Amy Klobuchar
Hennepin County Attorney
C-2000 Government Center
Minneapolis, Minnesota Via Fax to 612-348-9712
The Honorable Mike Hatch
Attorney General of the State of Minnesota
St. Paul, Minnesota Via Fax to 651-282-2155
Re: Probable Criminal Sale of Sexual Material Harmful to Minors
by Best Buy
Dear Ms. Klobuchar and Mr. Hatch:
The following information is now in the public domain:
“Evidence to support the claims of the modders exists in
the game’s scene itself, which includes the game characters’
professionally recorded voices, something the modders are highly
unlikely to have created.”
http://www.gainesville.com/…/entertainment
Best Buy and its attorney have assured both of you that the “Hot
Coffee” material is likely not on the discs flying off their
store shelves to minors. Best Buy’s position would require
that a Dutch “modder” has somehow persuaded actors
Peter Fonda, Ice-T, and James Woods to go to his apartment in
the Netherlands to help him create Hot Coffee. If Best Buy’s
and Targets CEOs believe that, then maybe what the State of Minnesota
should do is initiate lunacy proceedings immediately.
I want to be very clear about this. Either Best Buy and Target
stop this apparent criminal activity immediately, or I shall proceed
against them, which may include a writ of mandamus action to compel
certain prosecutors to start doing their jobs, now.
Regards, Jack Thompson
Copies: Senators Clinton, Lieberman, Star Tribune and Pioneer
Press, other media
Raw
Sex Now Found on Millions of Sony Playstation 2 Copies of GTA
[posted on 18th July 2005]
[source: forwarded to us]
Immediate News Release – July 18,
2005
Raw Sex Now Found on Millions of Sony Playstation 2 Copies of
GTA: San Andreas Sold to Kids;
Criminal Prosecution Around the Corner
This morning there is a huge new development in the scandal highlighted
last week by United States Senator Hillary Rodham Clinton. She
expressed concerns that sexually explicit material might be accessible
on the PC version of Rockstar’s Grand Theft Auto: San Andreas.
Rockstar and its parent company, Take-Two of New York City, appeared
to claim through a disinegenuous non-denial/denial that computer
hackers, not Take-Two had placed the sex on the personal computer
version of the game.
Today, however, the mainstream video game publication GameSpot
is reporting that it has found that the sex scenes are even on
the store shelf Sony Playstation 2 version of GTA: San Andreas
and not just on the PC version. A Playstation 2 game cannot be
modified. Material can only be accessed that is already there,
unlike on a PC version of the game.
See: http://www.gamespot.com//ps2/action/gta4/news_6129301.html
What is the significance of all this, if true?
1. Take-Two lied. Not a good idea when you have just been whacked
by the SEC for nearly $9 million for fraudulent accounting and
you are enmeshed in other legal tangles.
2. This explicit sexual material is now in the hands of millions
of children, in violation of state and federal criminal “sexual
material harmful to minors” statutes. Expect Take-Two and
its corporate officers to be prosecuted for felony criminal activity.
Sony might also be caught in this prosecutorial web.
3. This voids the entire ESA/ESRB rating system and shows it
to be the sham that Miami attorney Jack Thompson said it was as
early as 1998.
4. Look for all retailers around the globe to pull all copies
of this game from all store shelves immediately. If they don’t,
they will be open to criminal prosecution as well.
5. Other things are going to happen, too, which is for the undersigned
to know and for the media to find out.
CONTACT Miami attorney Jack Thompson at *** (land phone line down
today) or on his cell today at ***.
Criminal Sale
Of Sexual Material HarmFul To Minors II
[posted on 16th July 2005]
[source:
Gamepolitics]
July 16, 2005
The Honorable Amy Klobuchar
Hennepin County Attorney
The Honorable Mike Hatch
Attorney General of the State of Minnesota
Re: Probable Criminal Sale of Sexual Material Harmful to Minors
by Best Buy and Target in Hennepin County in Violation of Minnesota
Statute 617.291, et sequitur
Dear Ms. Klobuchar and Mr. Hatch:
There is a Q & A available today at http://xbox.ign.com/articles/634/634243p1.html
between game site IGN and California Assemblman Yee, who is the
Speaker pro tempore of the California Assembly. He is a child
psychologist who has been actively seeking legislation prohibiting
the sale of mature video games to kids. What he has to say about
GTA: San Andreas flies in the face of what Best Buy's attorney,
Elliot Kaplan, has written to you all, as you can see.
I do believe that Mr. Kaplan;s letter to you all sinks to the
level of intentional deception, so much so that his letter of
yesterday actually facilitates the criminal distribution of sexual
material harmful to minors. He has now written you two prosecutors
and said there is no problem. There is a very big problem. You
will note that in the below exchange the representative of the
gaming magazine states that there is "a lot of evidence that
the third-party mod simply reveals what is already in the game..."
Mr. Kaplan either does not know what he is talking about (the
benign option) or he is knowingly deceiving both of you to facilitate
the possible criminal activity of Best Buy.
I do believe you ought to impanel a grand jury. Maybe Mr. Kaplan
would like to start saying what he says under oath.
What we have here is an AO game, as you can see below, masquerading
as an M game. Mr. Kaplan is masquerading, as is Best Buy, as being
concerned about children. Hogwash. (EDITOR'S NOTE: a lengthy cut-and-paste
of IGN's interview with California Assemblyman Leland Yee follows.
We've taken it out for space reasons. You can read it if you'd
like at the link Thompson mentions in the letter).
Regards, Jack Thompson
Open
Letter to The Members of The ESA
[posted on 14th July 2005]
[source: Kotaku]
John B. Thompson, Attorney at Law
1172 South Dixie Hwy., Suite 111
Coral Gables, Florida 33146
305-666-4366
jackpeace@comcast.net
July 14, 2005
Open Letter to the Members of the Entertainment Software Association:
Activision, Inc.
Atari, Inc.
Buena Vista Games, Inc.
Capcom USA, Inc.
Crave Entertainment
Eidos Interactive
Electronic Arts
Her Interactive, Inc.
id Software
Konami Digital Entertainment America
LucasArts
Microsoft Corporation
Midway Games, Inc.
Namco Hometek, Inc.
Nintendo of America Inc.
NovaLogic, Inc.
SEGA of America, Inc.
Sony Computer Entertainment America
Square Enix, Inc.
Take-Two Interactive Software, Inc.
THQ, Inc.
Ubisoft Entertainment, Inc.
Vivendi Universal Games
Warner Bros. Interactive Entertainment Inc.
Wild Tangent
Dear ESA Members:
Today, United States Senator Hillary Rodham Clinton, with initiatives
she will announce at a 10 am news conference in our nation’s
capital, is acting decisively in furtherance of what for her has
been a strong leadership role on these issues since Columbine-a
tragedy caused in part by the violent video game industry. Millions
of American parents should be thankful to the Senator for striking
back against what can be fairly called “Grand Theft Innocence”
at the expense of our children by only some within your industry.
It has been my privilege, as a lifelong Republican, to provide
facts-not feelings-about the reckless practices of certain members
of this industry, some of which are Members of the ESA, in the
midst of responsible fact-gathering by Senator Rodham Clinton’s
staff. The Senator is not a newcomer on this issue. She has been
an abiding and loyal advocate for parents who oppose predatory,
fraudulent practices by some within your video game industry.
I am happy to help the Senator, just as I have worked with Democrats
like Senator Joseph Lieberman and Washington State Representative
Mary Lou Dickerson, as well as with fellow Republicans, for what
for me have been nearly seven years of effort to try to get certain
companies within the video game industry to start acting like
good corporate citizens. Senator Rodham Clinton is today at the
forefront of an issue that is not partisan in nature, nor should
it be. The Republican Party would do well to wake up and realize
that Senator Clinton is about the work that needs to be done.
Today is a mere extension of her years of commitment. This is
not politics. This is leadership.
As a lifelong Republican who ran against Janet Reno, I can note
that whereas the largest chapter of the National Organization
for Women, located in New York, has had me address them regarding
the misogyny and violence against women depicted in the Grand
Theft Auto games, the supposedly “family values” Republican
President of the United States, George W. Bush, has consistently
turned away from parents who have asked him to speak out against
the entertainment industry’s assault on our children.
The evening in January 2000 that I appeared on NBC Nightly News
to talk about the link between violent games and Columbine, Tom
Brokaw asked then Governor Bush about that link and what he as
President would do about it? George Bush simply said “Parents
just have to be better parents.” He should trying telling
that to my clients in Paducah whose three daughters were gunned
down by 14-year-old video gamer Michael Carneal, who trained on
Doom to become a more efficient killer. What did they, as parents,
Mr. President, do wrong? Was sending their kids to school their
mistake?
George Bush, as Governor of Texas, gave a state tax break to
Id Software of Dallas, the makers of Doom, after Columbine, for
Heaven’s sake, and it is his Department of Defense which
has subsidized with taxpayer dollars the creation of violent video
games for teen consumption at the Institute for Creative Technologies
at the University of Southern California. Defense Secretary Rumsfeld
has increased funding for this taxpayer rip-off since my appearance
on ABC’s World News Tonight more than two years ago exposing
this scandal. Don Rumsfeld is supposed to be catching terrorists,
not training them.
But I turn to the one man most responsible for the valuable initiative
taken by Senator Rodham Clinton today. That man is the Entertainment
Software Association’s president, Doug Lowenstein. Let me
explain to you ESA Members exactly why that is the case:
The inept fashion in which ESA has “managed” the
“Hot Coffee” mod scandal swirling around your industry
and Take-Two’s Grand Theft Auto: San Andreas has given Senator
Rodham Clinton a reason and a mandate to act. She has filled the
leadership void caused by Doug Lowenstein. For a month Doug Lowenstein
and his ESA pretended that there was no mod, that there was no
scandal, that there was no need for any action whatsoever by ESA.
How wrong he was. Today proves it.
While Mr. Lowenstein dithered and fiddled, concerns about the
scandal grew deeper, and knowledge about its details were more
widely disseminated. When the scandal spread, I found out about
it and acted, as did Dr. David Walsh, a clinical psychologist
who is going to be at the Senator’s side today in Washington.
Doug Lowenstein could have prevented what is going to happen today,
but he preferred to shoot the messengers. It is his chronic style.
Instead of acting like a responsible adult by trying to get to
the bottom of this scandal, Doug Lowenstein did what he has always
done at the ESA: He has first said there is “no problem”
and then he has embarked on his scorched earth policy to try to
discredit anyone who suggests there is a problem. Lowenstein has
unleashed his p.r. (pillory and ruin) squad on respected and powerful
legislators like California Assemblyman Yee, also a psychologist,
who have expressed concerns about Grand Theft Auto: San Andreas
and the mod scandal. Lowenstein’s approach, as always, is
to question Assemblyman Yee’s motives. No opponent could
possibly be acting upon principle, in the world according to Doug
Lowenstein. Only he is the oracle of truth. All others are scum.
It is his way.
His approach, as the President of your Entertainment Software
Association, is to demonize critics and to engage in ad hominem
jihads intended to obscure real concerns about real industry abuses.
All this does is deepen the resolve of your critics to act. I
know.
I saw this attack dog mentality by Lowenstein in full bloom in
the two appearances I was privileged to enjoy on CBS’s 60
Minutes in 1999, the Sunday after Columbine, and more recently
in March of this year. Lowenstein tried to bully CBS both times,
achieving by his scare tactics the distrust of an entire news
organization. News organizations don’t trust ESA because
Doug Lowenstein is its head. Why should they? He treats them like
dirt.
Lowenstein has done this time and time again, alienating lawmakers
and turning off media with his “You’re a fool, and
I’m a genius” mindset. With friends like Lowenstein,
your industry doesn’t need any enemies. But he winds up
growing them like topsy.
Jack Valenti, as the head of the MPAA, had the grace and the
courage to debate me and other critics on occasion. He felt that
was his job. Lowenstein, on the other hand, has a standing policy
to refuse to appear together with me on any stage or on any television
program in which I might debate him face to face. Jack Valenti
had the courage of his convictions. Doug Lowenstein travels with
his own private make-up artist. Did you all know that? Obscuring
personal and industry warts is a full time job for this man.
Doug Lowenstein has merely the courage to stand up at E3 and
rant to the video game faithful about people like Senator Rodham
Clinton. This is not courage. This is cowardice. It is the cowardice
that all bullies display.
Take-Two’s new game coming out in October featuring violence
by students in a school setting (the next scandal that is brewing
on Lowenstein’s watch) ought to be renamed “Doug.”
Bullying is not real leadership. It is a stopgap measure until
real leadership shows up. Enter Senator Hillary Rodham Clinton.
Is Lowenstein’s the kind of “leadership” the
Members of ESA are paying for?
When Hitler invaded Russia, opening up an Eastern offensive on
the eve of winter, Britain’s Prime Minister Winston Churchill
noted that “Hitler must have been rather loosely educated,
not having learned the lesson of Napoleon’s autumn advance
on Moscow.”
Your Doug Lowenstein is similarly “loosely educated”
about the United States Constitution. I have never, in my eighteen
years of public interest law practice against the excesses of
the entertainment industry, run into an individual more devoid
of even an elementary understanding of the meaning and scope of
the First Amendment. Even Howard Stern’s lawyers look like
Alexander Hamilton compared to Lowenstein.
Doug Lowenstein embarrasses each and every one of you when he
holds forth about what the “Founders” intended when
they drafted the Bill of Rights. For Doug, the Founders are GTA’s
Tommy Vercetti and Carl Johnson. Doug never met a pixilated prostitute
he didn’t like, and I’m sure James Madison would be
impressed.
If the ESA wants as its president a thug who demonizes critics
of your industry’s criminal, frauduelnt excesses, thereby
earning their wrath and their determination, then by all means
keep Mr. Lowenstein at the helm. Only someone like Doug Lowenstein
would embrace Take-Two, a company that just had to pay the Security
and Exchange Commission $8.75 million for fraudulent auditing
practices, while scourging under-siege parents.
My fervent prayer as a Christian is not “Lord, give me
more friends.” It is rather “Lord, give me more enemies
like Doug Lowenstein.” He makes what I do so easy.
Your ESA leader in all of this is a man who has gone way, way
out of his way to mock every single parent who has said to the
Take-Two’s of your industry “Enough already!”
When well-intended citizens and legislators have tried to get
your industry to adhere to the logic of the “M for mature”
ratings label, Lowenstein has flown into a fury, claiming children
have a constitutional right to consume pornography and violence.
Nobody but Doug Lowenstein and the sociopaths at Take-Two believe
that.
After today, when Senator Hillary Rodham Clinton speaks the truth
and calls upon Americans to act on that truth regarding the violence
and the scandal and the hurt coming from the extremists in your
industry, pause and ask yourself: Whom can we thank for this day?
I, as a lifelong Republican, am going to thank Senator Hillary
Rodham Clinton.
You all, in your industry, ought to thank Doug Lowenstein. His
extremism has painted a bullseye on your industry. Doug Lowenstein
has the brush and Take-Two has provided the blood red paint.
If you want your industry destroyed, keep Mr. Lowenstein right
where he is. If those of you who understand that any technology
can be used for either good or for ill and that “responsibility”
is something that adults are supposed to exercise in all walks
of life, even in the entertainment industry, then get rid of this
highly-paid thug and replace him with someone with sense.
Maybe Jack Valenti should be asked whom he would recommend who
can act like a grown-up in this role. I’ll bet he has a
list without Lowenstein’s name on it.
Senator Rodham Clinton, thankfully, is filling the void of real
leadership in your industry created by Doug Lowenstein. It is
about time.
If you want your fledgling industry destroyed for all of you,
keep Doug Lowenstein right where he is. Events, like Columbine
to the factor of ten, will take care of that. You won’t
be able to blame Senator Rodham Clinton. She is trying to prevent
that calamity.
But if you want to be a partner with America’s parents
by together taking our children out of harm’s way, then
look for an ESA president who has the common decency to recognize
the truth, speak it, and then act upon it.
It’s your choice. You’ve made some pretty bad choices
to date. Make a good one for a change. Dump Doug.
Regards, Jack Thompson
Criminal Sale
Of Sexual Material Harmful To Minors I
[posted on 14th July 2005]
[source: Gamepolitics]
John B. Thompson, Attorney at Law
1172 South Dixie Hwy., Suite 111
Coral Gables, Florida 33146
305-666-4366
jackpeace@comcast.net
July 14, 2005
The Honorable Amy Klobuchar
Hennepin County Attorney
C-2000 Government Center
Minneapolis, Minnesota Via Fax to 612-348-9712
The Honorable Mike Hatch
Attorney General of the State of Minnesota
St. Paul, Minnesota Via Fax to 651-282-2155
Re: Probable Criminal Sale of Sexual Material Harmful to Minors
by Best Buy and Target in Hennepin County in Violation of Minnesota
Statute 617.291, et sequitur
Dear Ms. Klobuchar and Mr. Hatch:
Recently I had the distinct pleasure of meeting personally with
two fine lawyers in the Hennepin County Attorney’s office
regarding the distribution of violent, mature-rated video games
to minors. I appreciate that opportunity.
My wife, who is also a lawyer, is from the Twin Cities area and
a graduate of St. Olaf College. I have spent many wonderful days
in your community over the past thirty years. Unfortunately, I
was sitting in the old Bloomington stadium with my future father-in-law
when Drew Pearson committed offensive interference to catch Roger
Staubach’s “Hail Mary” pass in the 1975 NFC
title game.
I write to inform you of a flagrant breach of the rules far more
consequential. It involves the knowing theft of the innocence
of hundreds of thousands of children in the Twin Cities and around
the country by two Hennepin County, Minnesota corporations-Target
and Best Buy.
I spent time this week working with U.S. Senator Hillary Rodham
Clinton’s office which effort culminated in her nationally-reported
news conference today from our nation’s capital. Senator
Clinton decried the ongoing distribution across the nation of
a violent video game entitled Grand Theft Auto: San Andreas, which
sales are resulting in the viewing of sexually explicit material
by minors.
Given the facts, which are too numerous to relate here, it would
appear that there is probable cause that Best Buy and Target are
at their highest corporate levels involved in the criminal distribution
and/or conspiracy to distribute sexual material harmful to minors
in violation of Minnesota Statute 617.291 et sequitur.
As you both know, your respective offices have certain injunctive
remedies available to you under that statute, in addition to straightforward
criminal prosecutions of the companies and their corporate officers.
I encourage you both to proceed on this urgent matter immediately.
I and others can provide sworn testimony to any grand jury before
whom you might choose to bring this disturbing matter.
Finally, I have urged both Best Buy’s and Target’s
CEO’s, Mr. Anderson and Mr. Ulrich, to stop this activity,
and they refuse. Please enjoin them or indict them or do both.
Regards, Jack Thompson
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