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We reported earlier that Take-Two Interactive had filed a preemptive suit against Jack Thompson to prevent him from filing suit against their upcoming games Grand Theft Auto IV and Manhunt 2.
Today, Thompson filed a countersuit against Take-Two accusing them of multiple violations of the Racketeer Influenced and Corrupt Organizations Act (RICO). The suit reads:
“In addition to the RICO predicate act of extortion (intimidation) of Thompson by Take-Two, Take-Two has committed other predicate RICO acts, including but not limited to fraud, distribution of obscene and/or sexual material harmful to minors, as already determined by the United States Federal government…and other predicate racketeering acts. Additionally, upon information and belief, Take-Two, through its Blank Rome lawyers, sought in Alabama to tamper with a witness in a pending criminal case, according to that witness’ lawyer.”
Thompson is also arguing that Take-Two’s suit attempts to violate his First Amendment rights. His suit argues:
“Should Thompson improperly bring such an action against the nuisance of selling adult material to children under 17 years of age, there is an adequate remedy available to Take-Two to defeat such an action and to assess costs against Thompson, as provided by the statute itself. Thus, the attempt in this federal action to preempt the state approach which adequately protects both the public and the defendant in such an action if it has been improperly brought.”