Jack Thompson (activist) - Video Games - Early Litigation

Early Litigation

Thompson filed a lawsuit on behalf of the parents of three children killed in the Heath High School shooting in 1997. Investigations showed that the perpetrator, 14-year-old Michael Carneal, had regularly played various computer games (including Doom, Quake, Castle Wolfenstein, Redneck Rampage, Nightmare Creatures, MechWarrior, and Resident Evil) and accessed some pornographic websites. Carneal had also owned a videotape of The Basketball Diaries, which includes a high school student dreaming about shooting his teacher and some classmates. The suit sought $33 million in damages, alleging that the producers of the games, the movie, and the operators of the Internet sites were negligent in distributing this material to a minor because it would desensitize him and make him more prone to violence. Additional claims included product liability for making "defective" products (the defects alleged were violent features and lack of warnings) and violation of the Racketeer Influenced and Corrupt Organizations Act for distributing this material to minors. Said Thompson, "We intend to hurt Hollywood. We intend to hurt the video game industry. We intend to hurt the sex porn sites."

The suit was filed in federal district court and was dismissed for failing to present a legally recognizable claim. The court concluded that Carneal's actions were not reasonably foreseeable by the defendants and that in any case, his actions superseded those of the defendants, so that the latter could not be the proximate cause of the harm. In addition, the judge determined that "thoughts, ideas and images" in the defendants' materials did not constitute "products" that could be considered defective. The ruling was upheld on appeal.

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