Jim Sterling in court.

[rcs619]

...They're charging him for assault? Really?

Where I come from, threatening someone with harm is a form of assault. Now, I wish DigiHom the best of luck in proving he threatened them or that he caused anyone else to threaten him, but I think we all know the point isn't what they can prove; the point is how intimidated into silence he'll be by that long list of charges they'll totally sue him for. No, they're gonna do it. For real. I'm super cereal.

I, for one, am just thankful that Jim Fucking Sterling Son was the first youtuber Digital Homicide ended up having a feud with. Jim actually knows his legal rights as a videogame critic/pundit, and he's damned savvy when it comes to managing media. He's also not the type to back down when he *knows* he's in the right. He was probably the worst person short of Totalbiscuit they could have tried to pull this sort of stunt with.

Imagine it if hadn't been Jim though? Imagine it if had been a smaller or mid-tier youtuber that DH got mad enough at to accuse of slander and libel? Someone who doesn't have a six-figure income or isn't as knowledgeable about their rights. In that kind of situation, DH could have totally gotten away with this kind of shit.

Thank God for Jim. Truly, he suffers this burden so that the rest of us don't have to.

 

[MHR]

...They're charging him for assault? Really?

Where I come from, threatening someone with harm is a form of assault. Now, I wish DigiHom the best of luck in proving he threatened them or that he caused anyone else to threaten him, but I think we all know the point isn't what they can prove; the point is how intimidated into silence he'll be by that long list of charges they'll totally sue him for. No, they're gonna do it. For real. I'm super cereal.

I, for one, am just thankful that Jim Fucking Sterling Son was the first youtuber Digital Homicide ended up having a feud with. Jim actually knows his legal rights as a videogame critic/pundit, and he's damned savvy when it comes to managing media. He's also not the type to back down when he *knows* he's in the right. He was probably the worst person short of Totalbiscuit they could have tried to pull this sort of stunt with.

Imagine it if hadn't been Jim though? Imagine it if had been a smaller or mid-tier youtuber that DH got mad enough at to accuse of slander and libel? Someone who doesn't have a six-figure income or isn't as knowledgeable about their rights. In that kind of situation, DH could have totally gotten away with this kind of shit.

Thank God for Jim. Truly, he suffers this burden so that the rest of us don't have to.

Actually, yeah. Not even Totalbiscuit might have been the right person for the job here. He's actually liable to get shaken up by things. If you haven't noticed, he's turned off all the comments sections on his Youtube videos for his health and sanity. Some drunken piss merchants threatening lawsuits might have dissuaded him. So thank god for Jim.

 

[Exley97_v1legacy]

I won't believe jackshit until Jim himself confirms this. I'm tired of people taking whatever Neogaf says seriously, at this point they are the internet version of those books were idiotic highschool girls write unfounded gossip on the people they hate.

It's real. The court docs are online, though behind a paywall. See my previous post.

Also, something worth noting -- this could just be a stunt on the part of Digital Homicide. I mean, the lawsuit is *real* but the company might know it doesn't stand much of chance. They haven't retained a lawyer yet (you can still file a lawsuit without an attorney) and the company statement on the website is very careful not to mention Sterling by name (which, interestingly enough, could be seen as defaming Sterling if the company were to directly accuse him of enciting/encouraging threats and harassment). Seems like a not-so veiled threat toward Sterling and any critics thinking about slamming DH -- which is a stupid move, but whatever.

Wow I wasn't expecting this to be real. I stand corrected.

All hail the queen of gossip NeoGaf

...They're charging him for assault?... Really?. And no, I don't think they are pulling a stunt here, just look for their interview with Jim, these guys (Guy?) aren't the sharpest tools in the shed.

"Assault" here doesn't actually mean literal assault and is apparently a technical term. From the Kotaku article:
"(The only reason ?assault? is listed is because libel is, legally speaking, part of a broader category when filing a lawsuit. Ignore that.)"
http://kotaku.com/angered-game-developer-sues-game-critic-jim-sterling-fo-1765484317

As for pulling a stunt, you may be right. I just think the way DH has acted from the very start has been odd. It never seemed like the company was serious about protecting its image (posting video rebuttals, shit-posting on Steam, and the infamous "interview") and was actively stoking the fires of this controversy. These aren't the kinds of actions a reputable game developer takes to protect its reputation. You could argue that issuing a DMCA takedown of Sterling's videos was the ONLY action a so-called reputable company would do to a critic (not that the action itself is reputable, just that major companies do this sort of thing all the time). And if all of that isn't enoug....filing a lawsuit without a lawyer? I mean, come on.

 

[JimB]

Imagine it if hadn't been Jim though? Imagine it if had been a smaller or mid-tier YouTuber that DH got mad enough at to accuse of slander and libel? Someone who doesn't have a six-figure income or isn't as knowledgeable about their rights. In that kind of situation, DH could have totally gotten away with this kind of shit.

That's actually a really good point. For all that I treat this as a joke (and it is a joke), someone could have been really hurt if DigiHom had gone after them instead of Jim. There but for the grace of god, huh?

 

[F-I-D-O]

Fun Fact: Jim works for Polaris, which in terms is owned by Maker Studios which is owned by Disney, They are pretty much suing Disney.

Good luck with that.

To be fair, that could be weird because I think they're specifically targeting the Jimquisition brand, which is independently supported via patreon. So Polaris doesn't have to interact. Granted, the moment one of the PLETHORA of DigHom Squirty Plays comes up, Polaris has all right to step in with Disney lawyers.

Oh...OH! Right! Yeah, no. He's still a thing. I honestly keep forgetting about him. Maybe its because I don't have a reddit which from what I understand he's big on, but once every ten days or so I always say "OH! Who was that one guy?!"

But I guess sucks?!

Also can someone explain Arizona law? You can sue in Arizona over shit that happened in another state, specifically redacted and corrected facts in articles? 'cause when I was a Sophomore, my school year book said my birth year was 199, not 1990. In Missouri.
Can I just sue the school in Arizona and get a hundred million?! 'cause I'd totally do that!!

If I understand correctly, it comes from the issue that the alleged "crime" happened on the internet, making current laws on where that crime should get judged strange. I don't think DH is stationed in Arizona, and neither is Jim. But DH want to file in Arizona, because they are more likely to side with the plantiff over defamation. One big thing is Arizona (if irc) can still judge something as defamation even if a retraction was issued at a later date. The "nail in the coffin" DH has is that Jim said they stole artwork, and they responded by saying they bought it a week later, with no evidence. Jim then corrected the article to say they "may" have purchased the art.
However, realistically, the case will get moved to one of their home states or put in federal jurisdiction. There is no reason an Arizona judge should have to take this case. They may still hear it, but they have no current obligation too. But Mississppi (I believe where Jim works from) has more lenient defamation laws, so DH would have more difficulty there.

My favorite part of the paperwork is the damage count. Robert claims to have put in at least 1000 hours of research into finding his legal case, and wants to be reimbursed for the time. Yeah, that's not how law research works, but it gets better. He also states in the paperwork that in that 1000 hours, DH lost money because they could have put out "at least five titles." He values that at $800000.
The great part is that most of Jim's "allegations" can be summed up as "maybe if they put more time into their games, I wouldn't rail on them too hard and instead enjoy myself." Releasing a game in 200 hours is a RIDICULOUSLY short amount of time. That's a game jam level of man hours. By filing that, he tossed even more weight onto Jim's defense and statements.

 

[F-I-D-O]

Actually, yeah. Not even Totalbiscuit might have been the right person for the job here. He's actually liable to get shaken up by things. If you haven't noticed, he's turned off all the comments sections on his Youtube videos for his health and sanity. Some drunken piss merchants threatening lawsuits might have dissuaded him. So thank god for Jim.

Doesn't TB have a law background? I mean, he probably doesn't want to be dealing with a frivolous lawsuit, but I doubt some claim about slander like DH's would really shake him. He seems to always enjoying taking devs down a peg that think they can walk over youtube critics. I remember after the "interview" with DH Jim said something along the lines of TB saying he WANTED DH to sue, if only to set a precedent in the favor of youtubers.
But a smaller youtuber could definitely have been scared away, and that's really disappointing. If they'd gone after someone like Cr1tikal, I doubt he would have fought it because he'd just want to get away from the drama.

I just want to see Jim sit on the stand with a big mug labelled "Boiled Piss"

 

[CritialGaming]

They are now sue Jim Sterling, for calling them out on their bullshit. How the fuck can anyone look at this seriously. I hope Sterling and his lawyer eat this company alive.

http://kotaku.com/angered-game-developer-sues-game-critic-jim-sterling-fo-1765484317 Here is the article.

https://dockets.justia.com/docket/arizona/azdce/2:2016cv00604/969057 Here is the link to the lawsuit filing.

Fuckers man.

Just FYI, there's an existing thread on this over in Off-Topic, which has covered a lot of ground already.

Oh well shit.....sorry. I guess this can be merged or deleted then. I thought it fit here, since it is about gaming.

 

[Erttheking]

I would wish for them to win but that is most probably not gonna happen

You want them to win? Why? No, please, give me an explanation.

Is it because you don't like Jim Sterling? Tell me something Musou. Do you really want someone to be able to sue their critics? You know what that is? Censorship. And you have done nothing but hate on censorship since you got here.

So why is it ok now?

OT: I hope Jim counter-sues. Digital Homicide have gone from being annoying to actively trying to bring harm to others.

 

[IceForce]

I would wish for them to win but that is most probably not gonna happen

You want them to win? Why? No, please, give me an explanation.

Is it because you don't like Jim Sterling? Tell me something Musou. Do you really want someone to be able to sue their critics? You know what that is? Censorship. And you have done nothing but hate on censorship since you got here.

So why is it ok now?

Probably something to do with 'bad tactics' and 'bad targets' and somesuch, if I was to hazard a guess.

 

[Azrael the Cat]

Oh...OH! Right! Yeah, no. He's still a thing. I honestly keep forgetting about him. Maybe its because I don't have a reddit which from what I understand he's big on, but once every ten days or so I always say "OH! Who was that one guy?!"

But I guess sucks?!

Also can someone explain Arizona law? You can sue in Arizona over shit that happened in another state, specifically redacted and corrected facts in articles? 'cause when I was a Sophomore, my school year book said my birth year was 199, not 1990. In Missouri.

Can I just sue the school in Arizona and get a hundred million?! 'cause I'd totally do that!!

I strongly suspect that:
(a) you'd struggle to show that the material was not only false, but defamatory (i.e. that it has caused damage to your reputation); and
(b) even if successful in showing that it's defamatory, I doubt that you'd be able to prove that you've suffered financially quantifiable loss. I mean, you don't make money from public perception of your date of birth, do you? I doubt that the error has lost you any job opportunities.

Whereas the loss (both in terms of showing damage to reputation, and in showing financially quantifiable harm) is clear for Digital Homicide. Accusations of plagiarism from a critic, with a sizeable audience, IS likely to affect both sales and future contractual opportunities.

(sigh...used to get SO fed up, as a lawyer, with idiots calling up and wanting to sue over nasty but commercially trivial falsehoods someone said on Facebook - 'Are you famous? No. Do you make money from your reputation? No. Has it caused the kind of psychological trauma that we could actually get a clinical psychologist to do a report on and prove via expert evidence in court? No. Have you actually lost anything from this? No. Well stop wasting my g***** time!')

 

[IamGamer41]

I hope they sue the shit out of him. People forget he has lied many times before about things. Funny how the internet has a short memory. I remember reading his early reviews on websites where he made a name for himself by nitpicking every popular game with a high reviewer score. He would give them crappy scores just to stir up crap and get himself views. He's a fat liar who needs to be put in his place. He does not deserve the fame everyone seems to shower him with.

 

[Redlin5_v1legacy]

I wonder when he'll be allowed to bring it up in a Jimquisition...

 

[rcs619]

I wonder when he'll be allowed to bring it up in a Jimquisition...

Not until it's over I imagine. I doubt there'd be any kind of gag order over such a petty little case, so I look forward to Jim's epic courtroom recap when he comes home in victory.

Maybe we can even get a dramatic reading of the court transcripts? lol

 

[DoPo]

There's a real "Divorced from reality" vibe that these guys put off.

Yeah, I sort of got that vibe when they claimed that Jim's Squirty Play video didn't fall under Fair Use (and was thus a copyright infringement) because...he wasn't fair when criticising the game. Yes, that actually happened.

 

[Erttheking]

I hope they sue the shit out of him. People forget he has lied many times before about things. Funny how the internet has a short memory. I remember reading his early reviews on websites where he made a name for himself by nitpicking every popular game with a high reviewer score. He would give them crappy scores just to stir up crap and get himself views. He's a fat liar who needs to be put in his place. He does not deserve the fame everyone seems to shower him with.

You thought he was clickbaity, so you hope he gets sued for making criticism the developer didn't like. Because he gave popular games bad reviews. So does Yahtzee, should he get sued too?

Yeah I'd rather not. See unlike the trivial censorship involving changing things in video games that are done by free will, this is the type of censorship that involves the legal system and is a thousand times more serious. If this lawsuit is successful, it could be used as legal president for game critics being sued for giving bad reviews.

 

[rcs619]

You thought he was clickbaity, so you hope he gets sued for making criticism the developer didn't like. Because he gave popular games bad reviews. So does Yahtzee, should he get sued too?

Yeah I'd rather not. See unlike the trivial censorship involving changing things in video games that are done by free will, this is the type of censorship that involves the legal system and is a thousand times more serious. If this lawsuit is successful, it could be used as legal president for game critics being sued for giving bad reviews.

To be fair, Jim Sterling did give Vanquish a 5/10

But yeah, I don't get people like the guy you quoted. I understand not liking someone, but I'd never wish spurious legal action to succeed against them. If I don't like their content, I just don't want/read it.

Jim Sterling though, I freaking love that guy. He is not only God's gift to gaming (thank God for him), but he is also one of the few bright spots to come out of Mississippi in the last few decades. He is not only the great hope of gaming, but also the one great hope of Mississippi. You go destroy these clowns in court Jim.

Just be sure to give us all the juicy details when you're able to

 

[PainInTheAssInternet]

He is not only God's gift to gaming (thank God for him), but he is also one of the few bright spots to come out of Mississippi in the last few decades. He is not only the great hope of gaming, but also the one great hope of Mississippi.

Hold the phone. Is Jim based in Mississippi or Arizona? If it's the former, then how does this even get considered? Surely Jim would have to be in Arizona in order for it to matter. If I did something in my home country, I couldn't be sued based on the laws of another country.

EDIT
Just looked it up. Jackson, Mississippi.

 

[Godzillarich(aka tf2godz)]

He is not only God's gift to gaming (thank God for him), but he is also one of the few bright spots to come out of Mississippi in the last few decades. He is not only the great hope of gaming, but also the one great hope of Mississippi.

Hold the phone. Is Jim based in Mississippi or Arizona? If it's the former, then how does this even get considered? Surely Jim would have to be in Arizona in order for it to matter. If I did something in my home country, I couldn't be sued based on the laws of another country.

EDIT
Just looked it up. Jackson, Mississippi.

I'm pretty sure you can have your case heard anywhere in America you want. They're pretty much doing it in Arizona because, even if you correct yourself on a mistake or "false claim" it can still be counted as defamation. These digital homicide people saw an opening and went straight towards it with no shame.

 

[Random Gamer]

I hope not only that these foolish hacks lose big time, but that they end up fined by the court for such a ludicrous waste of time, and lose big money on it.
If we want to stop that kind of practices that waste time and money of the courts and of the wrongly accused, the only way to discourage it is to hit them hard. Merely dismissing them won't be enough, because there's no serious consequence for sending someone you dislike to court.

 

[JimB]

I hope they sue the shit out of him. People forget he has lied many times before about things. Funny how the internet has a short memory. I remember reading his early reviews on websites where he made a name for himself by nitpicking every popular game with a high reviewer score. He would give them crappy scores just to stir up crap and get himself views. He's a fat liar who needs to be put in his place. He does not deserve the fame everyone seems to shower him with.

What specific lies do you accuse him of having told, IamGamer41?

Also, just for something to think about, please do note that under the system of justice you are advocating to put in place, Jim Sterling should be able to sue you for defamation now, and he should be allowed to win even if you aren't actually lying so long as you have lied about something else in the past.