HardOCP's sues Infinium

D

DocFaustus

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Steve posted the following in the Announcements section:

HardOCP Sues Infinium Labs:
In the interest keeping you guys up to date in this ongoing "Infinium Labs against HardOCP" situation, I should point out that Game Spot is running an article covering the fact that HardOCP has filed suit against Infinium Labs in the United States District Court Northern District of Texas, Dallas Division. Game Spot has a short interview posted with Kyle that will be of interest to all of you as well. Here is a quote from the article:

Today HardOCP responded to Infinium Labs' repeated requests to retract its now-infamous profile of Infinium cofounder Tim Roberts. However, the Web site's owner and editor-in-chief, Kyle Bennett, used more than pointed prose--he has sent a team of lawyers after Infinium.
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If this is true, then all the more power for Kyle and HardOCP. I am fully behind you.

One thing seems strange though, why is HardOCP linking to a story from another website about what HardOCP is doing? Shouldn't this news have originated on HardOCP? Seems it would be better from the horses mouth, so to speak.

Edit - Looks like I was quick to post. Here is the press release I was expecting:

The HardOCP Press Release:

PRESS RELEASE - March 3, 2004 – Dallas, Texas.

The law firm of Storm & Hemingway has provided the following press release:

On Friday, February 27, 2004, HardOCP.com filed a declaratory judgment lawsuit against Infinium Labs to establish its position that there was nothing improper, untruthful or defamatory about its September 17, 2003 article Behind The Infinium Phantom Console. The lawsuit was filed by this firm in the name of KB Networks, Inc. the owner of HardOCP.com. The lawsuit was filed to clear the air and terminate the flurry of demands, allegations, and defamatory Internet posts directed against HardOCP.com, by Infinium Labs and law firms representing Infinium Labs and its CEO, Tim Roberts. The lawsuit was filed under the Declaratory Judgment Act, which permits a person or entity being threatened with lawsuits from another party to force the issue to be decided, rather than having to operate under a cloud of uncertainty and intimidation. HardOCP.com stands by its article, and we believe that the Federal Court will conclude, as HardOCP.com believes, that all relevant facts in the article are true.

After the lawsuit was filed on Friday, HardOCP.com received another demand letter from attorneys for Infinium Labs detailing the statements in Behind The Infinium Phantom Console that Infinium Labs alleges are at issue. Nothing in that demand letter changes HardOCP.com’s conviction that all of the relevant facts in the article are true. We look forward to a decisive vindication by the Federal Court of HardOCP.com’s credibility, integrity, and right to free speech.
Storm & Hemingway can be found at http://www.alliplaw.com.
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This should get very interesting.
 
Congrats to Kyle for not letting the panty wastes over at IL take advantage of him and his credibility.
 
It's just my theory but I think the reason why they're linking to GameSpot and not running the story themselves is that if HardOCP ran the story, there would be a bit of bias. It would be safer to let an outside news source or 3rd party to do the story.
 
haha. can ya imagine infinium? "we're gonna threaten this piddly lil website so we can look big and strong and divert attention... wha!? the people are supporting them and we look even more like jackasses?! WHAT!? WE'RE GETTING SUED!? wtf mate?"

go hardocp go.
 
Kind of reminds me of the movie, The People vs Larry Flint, where Flint sued back at Jerry Falwell. That was hilarious!
 
Good job Kyle!

I hope you get those bastards good;)

ps, let us know if the lawyers are digging into your pockets a little too deep.
 
clearly all i have to say to infinium is:


FAAAAAAAACCCCCCCCCEEEEEEEEEEEEEEEE++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
 
Originally posted by omega-x
kyle has a team of lawyers? :eek:
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If you run a website like this, you absolutely positively have to have a team of lawyers...1st amendment rights only get you so far now-adays...:rolleyes:
 
Originally posted by omega-x
kyle has a team of lawyers? :eek:
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Funny how one would need such a thing over this kind of stuff. If you got the money, more power to ya.
 
Kyle's got lawyers. Do people remember that for a long time there was a company that if you read the rules about this forum ( its no longer there but it used to be ) . It specifically mentioned that if you said their name in the forum it was grounds for being BANNED.
 
Originally posted by hulksterjoe
Kyle's got lawyers. Do people remember that for a long time there was a company that if you read the rules about this forum ( its no longer there but it used to be ) . It specifically mentioned that if you said their name in the forum it was grounds for being BANNED.
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everglide

They sued Kyle for Ratpadz or somesuch.
 
Originally posted by The Titan
Funny how one would need such a thing over this kind of stuff. If you got the money, more power to ya.
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That's the crux of the matter, of course - if you don't have the money, you're kind of stuck.
 
Originally posted by DocFaustus
One thing seems strange though, why is HardOCP linking to a story from another website about what HardOCP is doing? Shouldn't this news have originated on HardOCP? Seems it would be better from the horses mouth, so to speak.
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I'm sure they're working on a press release as mentioned in the Gamespot article. I'm thinking that Gamespot is mentioning it only because they were probably talking to Kyle on the phone about Infinium and Gamespot happed to asked the right question.

When it comes to legal stuff, Kyle is very tight lipped. He knows how to play the game and when to shut up. Outside of a press release, Kyle is going to stay quiet about it since anything he says could be used as part of the lawsuit. The same goes for Infinium.

Someone mentioned a team of lawyers. Yeah, Kyle has 'em. He has to. There are plenty of contracts and financial matters that Kyle needs them for to run his business. He's had other things pop up before like when 3M challenged him on Ratpadz. There's always some vendor peeved when a review doesn't go their way. Lawyers are necessary for a website like this.

As far as legal strategy... this is genius. Pure genius. It forces Infinium's hand into going into court instead of drawing the situation out for a few months. It's going to be pure comedy gold when Infinium either loses or backs down. This is realy, really bad timing for Infinium. They're going to get distracted from E3 and if this is settled before then in Kyle's favor, Infinium could have serious trouble at E3. I mean, who's going to support a console when it just got proved in court that it's pretty much vaporware and the founder has a questionable past.

Now it's not just some cub reporter asking questions and digging around. It's lawyers with supoenas asking for records and statements. It's serious, serious stuff. This could literally kill Infinium if they don't have something to back up their lawsuit.
 
Kyle stepped up to the plate with this one. This firm ha some heavy hitters in it. Here is some information I could find on just one after some creative google searching.

John G. Fischer is a licensed Professional Engineer and member of the Texas Society of Professional Engineers, the National Society of Professional Engineers, and ASME. As an engineer, he holds numerous patents. Mr. Fischer is also a U.S. Registered Patent Attorney, is licensed to practice in US District Court in the Northern District of Texas, the Supreme Court of the United States, is a member of the State Bar of Texas, the State Bar of Colorado, the District of Columbia Bar, and a 5-year Member of the College of the State Bar of Texas. While at Dresser Industries, John founded and managed the Environmental, Health, Safety, and Quality Assurance Department (EHS/QA), was a member of the Corporate Worldwide Environmental Council, and Founding Chair of the Metalworking Fluids Subcommittee. During his employment, Dresser Industries was a Clean Industries 2000 Member, received numerous awards from the City of Dallas, was published by the Texas Water Development Board for innovative water conservation, and was published and recognized by award by the Society of Illumination Engineers for design of an energy saving lighting system. He has met individually with members of the House and Senate to confer on environmental issues including the Clean Air Act, RCRA, water conservation, and the environmental crimes bill, and has successfully represented clients in environmental tort cases. When not editing METALWORKING FLUID MAGAZINE, he continues his practice as an intellectual property attorney with the law firm of Storm & Hemingway in Dallas, Texas. In his capacity as an attorney, Mr. Fischer spoke at the FTC press Conference announcing the FTC's prosecution of their 100th Internet Scam case. He has also appeared on Good Morning America, and has been interviewed separately on various topics by Business Week, The Wall Street Journal, The Dallas Morning News, and The Sydney Times. He has been the speaker on the topic of Ownership of Invention before the Federal Bar Association and the Texas Society of Professional Engineers. He most recently presented "Condition Monitoring of Metalworking Fluids" for the STLE in Dallas.
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Damn... I dunno who Infinium labs lawyers are... but facing off against guys like this I am betting money Infinium just backs off. Otherwise Kyle is going to own another company lol.
 
Originally posted by Torgo
This could literally kill Infinium if they don't have something to back up their lawsuit.
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Self inflicted wound. I'm playing the world's smallest violin for them, at this point.

By the by, HardOCP's press release is up now. :)
 
In the near corner in the pink trunks weighing in at 98 lbs., IMCTF&G!
Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A., specializes in all phases of real property law, including representation of developers of condominiums, subdivisions and shopping centers, land purchase and sale, land use, growth control, rezoning, construction contracting, construction lending, and title insurance, as well as corporate law, banking, immigration, environmental law, tax law, bankruptcy and estate planning. The firm's litigation expertise includes specialties in commercial and general civil litigation, family law and personal injury and wrongful death.
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In the far corner, weighing 198 lbs in the red, white and blue trunks is Storm & Hemingway!
Storm & Hemingway, LLP is a Dallas, Texas based intellectual property law firm, maintaining expertise in all of the engineering disciplines. From mechanical to biomedical engineering, the firm is intimately familiar with securing and protecting all forms of intellectual property rights, including patent, copyright, trademark, and trade secret rights.

The Storm & Hemingway attorneys are also capable of handling any legal issue that can arise in intellectual property management, such as the acquisition of rights, offensive and defensive litigation, and licensing of intellectual property rights.
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One firm specializes in real estate and ambulance chasing and the other with copyright, trademark and defensive litigation. Oh, wait it gets better.

The general counsel of Infinium is listed on their website as Charles N. Cleland.
Charles N. Cleland, Jr. is an associate in the Family Law Practice. He is a graduate of Florida State University and the Mercer University School of Law. His practice includes matters involving alimony, child support, custody, divorce, marital contracts and separation. Mr. Cleland is a member of the Sarasota County and American Bar Associations.
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I got this from a Google cached page at Icard, Merrill, Cullis, Timm, Furen & Ginsburg. (Link doesn't work.) Charles doesn't work there anymore, but explains how IMCTF&G is involved. It also explains why a divorce lawyer got his former co-workers to file a suit. Either way, it seems to this Law & Order junkie that Infinium is outmatched.
 
Brules, I think if you are going to post the pick you need to host it yourself. It is considered taking their bandwidth to direct link pics like that.
 
Hey Brules, give PA a page link please, let's not steal there stuff, no matter how funny it is. :)

On the matter, thanks for the support guys it is very much appreciated. This whole issue is sad, stressful, and very expensive at best and I wish it had never come to this. But we have to do what is right and just. Beyond that I can't really say much more.
 
Some of you guys make it sound like this will be an easy case for [H] to win, and I wish this would be true because the article posted is legit in every way. Kyle was just showing what he found and what he thought and thats it. For some reason though I feel like it wont be such a easy clear cut case for [H]. Dont be fooled, Infinium has some money in their corner which shouldnt affect a case but sometimes does.

Anyways, I know you will be reading this Kyle so thanks for fighting this one out! Have no doubt that you are gaining the gaming comunitys back by the day. As always the truth will prevail. Good luck!
 
Originally posted by mcryptic
i don't know which is funnier infinium vs hardocp or sco vs linux.:D
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notice the parallels in the cases though, neither SCO nor Infinium has any hard evidence :D
 
Originally posted by mcryptic
i don't know which is funnier infinium vs hardocp or sco vs linux.:D
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Where's Court TV to help me keep the players straight with all this action?
 
Kyle, just so you know, I think I speak for all of us when I say that we support you 100% in this. It's been a fun 3 years here, and I can't wait to see the outcome of all of this...

And, if the costs get too high, most people here would be more than willing to help.
 
Kyle: if you need $$ you could always raffle off another system ;)
 
Originally posted by vw1972bug
Dont be fooled, Infinium has some money in their corner which shouldnt affect a case but sometimes does.
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To quote Cuba Gooding Jr. "Show me the money"

Are the investors going to be pleased when they find out that their money is being spent on litigation rather than development? Infinium may have some capital, but it comes on strings and it has limits.

OCP on the other hand has a horde of people willing to donate at the snap of Kyle's fingers if needed. (I don't think this is the case in this situation.) I'm sure there's a lawyer or two that would do pro bono. What support does Infinium have? It's not like the ACLU is coming to the rescue.
 
I think that at this point Kyle would rather people donate to the Smith Family Benefit rather than his legal defense.

In fact, I'd like Infinium to donate to the Smith Family Benefit and drop their silly claims.
 
Originally posted by Torgo
I think that at this point Kyle would rather people donate to the Smith Family Benefit rather than his legal defense.

In fact, I'd like Infinium to donate to the Smith Family Benefit and drop their silly claims.
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Same here. I've donated to the smiths, and I'd donate to a legal fund too though. This is another cause that is more than worthy.
 
You know, I thought that it was pretty awesome when Gabe over at PA delivered this swift little kick to Infinium's nuts... but now the [H] is suing Infinium?!?! OMG this is too good to be true! Finally someone's opening up a can of legal whoop-ass on Infinium and is about to teach those morons why they shouldn't be attacking the massive, and somewhat fanatical, online community that the [H] and other sites like it have helped to build. They obviously had no idea what they were getting themselves into by suing [H]ard|OCP in the first place.

Personally, I hope that somehow all of this results in Infinium totally folding. The way they chose to go about handling this situation is totally idiotic and unforgivable. They, by suing the [H], have done nothing but dishonor and discredit themselves as well as betray the members of the online gaming/hardware community (which happened to represent a very large pool of "potential customers" which they have now lost). Besides, the world doesn't need another damn gaming console...especially one that really is just a crippled PC that you have to pay a monthly fee to use. :rolleyes:

We're all behind you Kyle, 100%!

w00t for the [H]!
 
hey all, long time casual reader of the site. this infinium nonsense is what finally compelled me to post, and all I have is but one question for Kyle and co.

where do I send the check?


keep fighting the good fight gentlemen

~DS
 
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