Hardocp FIGHT back - suing Infinium Labs

Zardon · Mar 3, 2004, 11:09 PM

"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."

Read at HARDOCP

Kyle Bennett the owner of HARDOCP is also interviewed at Gamespot

GameSpot: What sort of risk or liability do you see your site coming in for if you refuse to take the story down?

Kyle Bennett: I see the very real risk of losing HardOCP.com and everything it means. The real liability I see is letting our readers down. If we remove the article in question in order to take the easy and cheap way out of this situation, we are in essence throwing away our credibility. If we have no credibility, there is no reason to read HardOCP.com, and it fails.

Judas · Mar 4, 2004, 12:09 AM

....most excellent for Kyle to stand up.... i aplaud him....

BWX · Mar 4, 2004, 12:22 AM

Good for them, it's all about freedom of speech.

jimmsta · Mar 4, 2004, 01:28 AM

I have to say... this entire fiasco might just be more than enough proof that Infinium Labs is not planning to succeed, seeing as they go after small websites, of which publish articles on their opinions about tech products... I for one, hate how Infinium is operating over such a small article... rather stupid IMHO. I love HardOCP... always have. I have to say Good Luck to Kyle, and everyone else on [H]ardOCP.

~~AirGumby~~ · Mar 4, 2004, 03:08 AM

I really never liked Kyle and his HardOCP site. Before the whole cheating thing with Futuremark, Kyle was a total sell out and never said anything bad about them. Now that the checks aren't flowing from nVidia anymore he's changed his tune. I never really HardOCP in the past. But I'll give props to where props are due. He's at least standing up for what he believes in. I can't knock that.

Thank God the days of kissing so much ass that you have blisters at the end of the day are gone with HardOCP. I hated their biasness in the past. Would like to see Kyle come out on top on this fiasco with Infinium Labs

Oh by the way................ YOU SUCK INFINIUM LABS!

Mar 3, 2004, 11:09 PM	#1
Zardon DriverHeaven Founder Join Date: May 2002 Posts: 32,480 Rep Power: 177	Hardocp FIGHT back - suing Infinium Labs "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." Read at HARDOCP Kyle Bennett the owner of HARDOCP is also interviewed at Gamespot GameSpot: What sort of risk or liability do you see your site coming in for if you refuse to take the story down? Kyle Bennett: I see the very real risk of losing HardOCP.com and everything it means. The real liability I see is letting our readers down. If we remove the article in question in order to take the easy and cheap way out of this situation, we are in essence throwing away our credibility. If we have no credibility, there is no reason to read HardOCP.com, and it fails.

Mar 4, 2004, 12:22 AM	#3
BWX unplugged Join Date: Nov 2002 Location: USNY Posts: 19,665 Rep Power: 109 System Specs	Good for them, it's all about freedom of speech. __________________

Mar 4, 2004, 01:28 AM	#4
jimmsta WINDOWS XP. YAY! Join Date: Dec 2002 Location: NJ Posts: 62 Rep Power: 0	I have to say... this entire fiasco might just be more than enough proof that Infinium Labs is not planning to succeed, seeing as they go after small websites, of which publish articles on their opinions about tech products... I for one, hate how Infinium is operating over such a small article... rather stupid IMHO. I love HardOCP... always have. I have to say Good Luck to Kyle, and everyone else on [H]ardOCP. __________________ So, I herd you liek mudkips? \| AMD Opteron 185 (2x2.6), 3GB DDR400, 4x250GB WD HDDs, Abit KN8-SLI, nVidia GF6600GT, WinXP MCE, Audigy2 ZS

Mar 4, 2004, 03:08 AM	#5
~~AirGumby~~ Banned Join Date: Dec 2003 Posts: 28 Rep Power: 0	I really never liked Kyle and his HardOCP site. Before the whole cheating thing with Futuremark, Kyle was a total sell out and never said anything bad about them. Now that the checks aren't flowing from nVidia anymore he's changed his tune. I never really HardOCP in the past. But I'll give props to where props are due. He's at least standing up for what he believes in. I can't knock that. Thank God the days of kissing so much ass that you have blisters at the end of the day are gone with HardOCP. I hated their biasness in the past. Would like to see Kyle come out on top on this fiasco with Infinium Labs Oh by the way................ YOU SUCK INFINIUM LABS!