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HardOCP Wins Against Infinium Labs

CowboyNeal posted more than 10 years ago | from the justice-served dept.

The Courts 323

An anonymous reader writes "HardOCP has won a huge legal round against Infinium Labs. The WhereIsPhantom website has all the details, straight from the court dockets. There is a list of orders a mile long for Infinium Labs and owner Tim Roberts to comply with by Sept. 30th."

Sorry! There are no comments related to the filter you selected.

HardOCP: Victory is you! (-1, Redundant)

Anonymous Coward | more than 10 years ago | (#10273087)

You are the win!

Excellent (-1, Offtopic)

Anonymous Coward | more than 10 years ago | (#10273089)

Content-free post

kool (-1, Troll)

Anonymous Coward | more than 10 years ago | (#10273091)

Afasjfa (8:52http://games.slashdot.org/users.pl
Anonymous Coward:13 PM): shit im about to get fp on /.

Poof (1)

Anonymous Coward | more than 10 years ago | (#10273092)

But where is phantom? Ohhhh.... gone like *poof* due to the /. effect. Awwww yeaahhhh

0 posts (4, Funny)

Phosphor3k (542747) | more than 10 years ago | (#10273093)

And that website is as non-existant as the console.

Re:0 posts (5, Informative)

Torgo's Pizza (547926) | more than 10 years ago | (#10273181)

Well, to be fair, I didn't expect this to show up on the front page of Slashdot either. We're just a two-bit operation over at Whereisphantom.com trying to bring the truth to light.

It didn't make it to this article, but four employees quit yesterday from Infinium Labs for various reasons including a late paycheck. The Sarasota office is expected to close (the one with the $300,000 sign) and all operations move to Seattle. There'll be more tomorrow I promise. (And hopefully that'll include more bandwidth.)

Re:0 posts (1, Informative)

Anonymous Coward | more than 10 years ago | (#10273222)

Coral [nyu.edu] , man! Here's your site coralized: www.wherisphantom.com [nyud.net] .

Well, as I type this, Coral isn't helping. Mebbe if next time the submitter coralizes you before the /.ing begins? Come on, cluster D! Do your thing!

Coral doesn't work 1/2 the damn time (0)

DAldredge (2353) | more than 10 years ago | (#10273391)

These Coral links don't work have the time, till they fix them it isn't worth /.ing them to hell and back.

Re:Coral doesn't work 1/2 the damn time (5, Informative)

Guspaz (556486) | more than 10 years ago | (#10273590)

They don't work because by the time somebody posts a Coral link, the site is already down.

Coral is a cacheing solution; unless it can get a copy of the site to cache it, it can't serve it up.

This is why Coral needs to be used beforehand (IE, in the slashdot post) in order to be of any use. And even then, it works best on sites that have relative URLs on the images.

A suggestion to the owner of said site: Coralize as much of your site as you can, and enable HTTP compression (mod_gzip, mod_deflate, IIS6's compression, etc) for whatever else you can. With all that combined even a home connection should be able to handle a slashdotting.

Re:0 posts (0)

Anonymous Coward | more than 10 years ago | (#10273335)

I'm sure you guys must know this already, but I was frickin' amazen when I saw several Phantom/Infinium ads running at CNN.com two days ago.

For a few minutes, I had actually considered the possibility that they got their act together.

Re:0 posts (0)

Anonymous Coward | more than 10 years ago | (#10273349)

I live in Sarasota. This sucks that they are moving to Seattle. While I heard their office is downtown I never actually went and checked it out.

However it would have been neat to do so.

Re:0 posts (1, Interesting)

Anonymous Coward | more than 10 years ago | (#10273371)

I live in Sarasota and I do have to say the sign is pretty cool. Also, if you really want to you can hop on their WiFi network, they must not think WAP is any good.

Re:0 posts (5, Informative)

miikrr (799637) | more than 10 years ago | (#10273386)

You should have included all [slashdot.org] of [slashdot.org] the [slashdot.org] previous [slashdot.org] Slashdot coverage of Infinium's and HardOCP's quarrells.

Re:0 posts (5, Informative)

Torgo's Pizza (547926) | more than 10 years ago | (#10273595)

In my original submission, I spread the love around a bit. In all honesty, I'd rather be slashdotted to kingdom come and have the word get around, rather than have the site up and running and no one paying attention.

Just be sure to come back later and visit. We've got over 200 articles covering the entire saga from beginning to end. The tale includes money trails, court intrigue, drugs, hackers and phreakers... you just can't make this stuff up.

Re:0 posts (0)

Anonymous Coward | more than 10 years ago | (#10273388)

What $300,000 sign? Nothing on Google about it, and the whereisphantom.com site is down.

Re:0 posts (2, Interesting)

Anonymous Coward | more than 10 years ago | (#10273508)

I found these pictures on the Infinium Labs Forums site:

At Night [phantom.net]

In the Day [phantom.net]

Color changing signs cost $300k?

Peace

Re:0 posts (5, Informative)

bluewee (677282) | more than 10 years ago | (#10273182)

This should be of intrest [hardocp.com]

Re:0 posts (-1, Troll)

Performer Guy (69820) | more than 10 years ago | (#10273433)

Hard[OCP] lays it on a bit thick. Infinium have never said they had anything more than a vanilla PC in the box, they even give the specs on their site here (and these are the revised specs) [phantom.net]

The whole point is that this *IS* a PC in a plastic box, (so is XBOX for that matter) and the Phantom legal issues weren't over mere technical revelations or petty opinions like this it started over a blatant hatchet piece Hard[OCP] did, mainly targeted at the CEO of Infinium.

Any prototype is going to be like this system or worse, it would be criminal to spend more effort on anything before going to mass production. Microsoft's XBOX2 prototypes are Apple dual G5s for crying out loud.

Summary, Hard[OCP] is far from an impartial reporter in this, they finally get proof of a real phantom and dis it as much as they can for being exactly what Infinium have always said it was.

Re:0 posts (4, Insightful)

drinkypoo (153816) | more than 10 years ago | (#10273579)

While you have a point to be sure, I still haven't seen any proof of a console. When they actually start spitting them out I'll pay attention. Still won't buy one unless we find out they're easy to hack, though.

Re:0 posts (1)

Performer Guy (69820) | more than 10 years ago | (#10273713)

Well, I think the Phantom has almost no chance of success, so I'd never get one, then again I don't really have any console (last one was an N64) I'm a PC gamer although I've done game development for the XBOX. Don't get me wrong, I think Phantom real enough and the intentions are there, I just think trying to bootstrap a console business from nothing is incredibly difficult. Maybe they can piggyback PC games development but IMHO it's gonna be nigh on impossible to get a business going and get developers onboard. It is a tough business to crack into.

Re:0 posts (2, Insightful)

Frogbert (589961) | more than 10 years ago | (#10273677)

Actually as far as I can see the phantom would be great for MMORPG players, they just pay their bill to the same company every month and don't need to juggle different companies.

Furthermore it would avoid the ripoff factor of purchasing a game for $80 or whatever and then having to pay a monthly subscription, you could just download it.

Re:0 posts (5, Insightful)

mcc (14761) | more than 10 years ago | (#10273723)

Summary, Hard[OCP] is far from an impartial reporter in this, they finally get proof of a real phantom and dis it as much as they can for being exactly what Infinium have always said it was.

Actually if you were following this early on, they were pretty reasonable at first, seeming to take a "we're curious to see what this company has to offer, but it's hard to get information" sort of tack. They didn't really get bitter and spiteful and start smashing machines with sledgehammers or anything until they started getting vitriolic legal threats from Infinium and public attacks on the Phantom website just for having done their jobs as reporters. I kind of have to say, I can't find this totally unreasonable.

The "hatchet piece" on the CEO you mention was totally legitimate investigative reporting. Was it negative? Yes. But it was also accurate and supported by documentation.

Re: Seems pretty childish, Kyle [H]... (1, Troll)

Llama_STi (745859) | more than 10 years ago | (#10273438)

Has anyone asked the question of why does Kyle [HardOCP] have such a dick up his ass about this console? Even when this thing was first announced it seemed like their was a vendetta against Infinium Labs. I'm not a fan or anything, it's just strange that [H] would go after IL so ferociously and mercilessly when they haven't even had a chance to put their final product on the table. If this product fails out of the gates, a good deal will be due to the crusade of bad publicity that Kyle seems to have taken upon himself. Maybe IL is a bunch of assholes but how would anyone trying to start up a new company feel if someone made it their personal and public business to ruin yours?! Seems a little unfair to IL and definitely makes Kyle look like a unprofessional, childish little boy in the process. :P I used to have a lot more respect for the guy before these Phantom smear-campaign shenanigans...

Re: Seems pretty childish, Kyle [H]... (5, Funny)

His Nastiness (542696) | more than 10 years ago | (#10273575)

No I think the system would fail 1) becuase the world does NOT need another console (and I challenge anyone to prove to me that consumers have been crying for another system) 2) because of its shit content delivery system (do we really want this, really? Most people want their games on media if for no other reason than to trade the crap/old games for credit at a store) 3) because people love an underdog, unless ofcourse, it's a boastful, litigious, ill-conceived underdog in which case you could sell tickets for front row seats to an exclusive showing of its spectacular and fiery failure. I personally can't wait for this thing to end in a smoldering ruin and bring shame upon everyone involved. Even if it is a good idea my wallet only allows for so many good ideas.

Re: Seems pretty childish, Kyle [H]... (4, Informative)

geminidomino (614729) | more than 10 years ago | (#10273625)

Are you a shill, or do you honestly not know the history?

[H] simply called bullshit on IL's claims about the phantom. IL responded in the fashion that Mark Felchstain, Spammer Lawyer, would be proud of: a SLAPP [wikipedia.org] suit. That kind of garbage sure justifies the "dick up [Kyle's] ass." You don't see that kind of crap lawsuit flying around whenever someone makes a crack about DNF.

Re:0 posts (0)

Anonymous Coward | more than 10 years ago | (#10273209)

Um, now that there's some sort of legal precedence -- yeah, Phantom console...like as in vaporware, never-gonna-exist, poof, Dead on Arrival, WinFS-running, Duke Nukem Forever-playing kaput console. Let's hear it for Infinium Wait!!!

Whew, that must be a long list... (1, Redundant)

jgoeres (622989) | more than 10 years ago | (#10273094)

So long it's taking FOREVER for the server to respond!

but did they really win? (-1, Troll)

Anonymous Coward | more than 10 years ago | (#10273095)

or is this a vaporwin!! HAHAHA HA! man...it took me so long to think that up

That's... (2, Informative)

Trikenstein (571493) | more than 10 years ago | (#10273096)

one of the hardest to read sites I've seen.
They need to lose the fine horizontal lines.
Or maybe I need to get my eyes tested...

Re:That's... (3, Funny)

Anonymous Coward | more than 10 years ago | (#10273176)

one of the hardest to read sites I've seen.

Obviously you haven't been to the IT section [slashdot.org] lately...

Re:That's... (4, Funny)

Trikenstein (571493) | more than 10 years ago | (#10273200)

I recognize that color.
It's called *infants first crap*.

Re:That's... (4, Informative)

gatzke (2977) | more than 10 years ago | (#10273225)


You can get rid of it by removing the first part of the URL, like chage games.slashdot.org to slashdot.org.

The following is from another comment to help you in mozilla automatically drop the it. or games. part:

Create New bookmark.
Label something useful - "/. it fix"
In location insert this
javascript:void(location.hostname = "slashdot.org");

Re:That's... (3, Informative)

Gurezaemon (663755) | more than 10 years ago | (#10273242)

<pedant>
Actually, infants' first crap (tm) is green / black. Meconium. Horrible stuff to clean up. It turns that attractive mustard color after a couple of days.
</pedant>

Re:That's... (2, Funny)

Anonymous Coward | more than 10 years ago | (#10273316)

you actually leave it there for a couple of days?

Re:That's... (1)

SpaceLifeForm (228190) | more than 10 years ago | (#10273515)

<pedant>
'It' being the newer stuff, not the stuff you had trouble cleaning up, right?
</pedant>

Damn, why does SCO come to mind here?

In other news (5, Funny)

Dancin_Santa (265275) | more than 10 years ago | (#10273098)

Infineon got smacked down for price fixing its chips.

Not a good week for Infin*.

Anyone got a link that works? The phantom site seems to have disappeared into thin air.

Re:In other news (-1, Troll)

Anonymous Coward | more than 10 years ago | (#10273152)

RTFA, moderators. May you be metamoderated to shit.

Re:In other news (0)

WhatAmIDoingHere (742870) | more than 10 years ago | (#10273180)

What chips? The company in the article "makes" consoles.

You're thinking about the giant fine against RAM companies.

I blame the drugs and rock and roll music.

Re:In other news (5, Funny)

realdpk (116490) | more than 10 years ago | (#10273205)

Drugs, like those that make you misunderstand the use of the * wildcard? :)

Re:In other news (1, Redundant)

Gryll (23531) | more than 10 years ago | (#10273245)

Did you notice how the parent said Infineon not Infinium?

Infineon Price Fixing [slashdot.org]

And then he used Infin*, if you read the post you would have got the mildly funny joke about bad luck for companies whose names start with INFIN.

WhereIsPhantom? (4, Funny)

TheOtherAgentM (700696) | more than 10 years ago | (#10273104)

Do you mean, "Where is website?"

In case it's slashdoted (4, Funny)

Anonymous Coward | more than 10 years ago | (#10273105)

404 Not Found

Re:In case it's slashdoted (2, Funny)

servognome (738846) | more than 10 years ago | (#10273325)

You need more energy [homestarrunner.com] in your 404

Re:In case it's slashdoted (0, Redundant)

Artifex (18308) | more than 10 years ago | (#10273578)

Oh, man, Homestar used to have a really cool 404 page with them walking/talking in front of an exploder-style 404 page. Looks like it's gone :(

Re:In case it's slashdoted (2, Informative)

Anonymous Coward | more than 10 years ago | (#10273666)

You mean this? [homestarrunner.com]

The server must be running (1)

The Islamic Fundamen (728413) | more than 10 years ago | (#10273107)

The server must be running something as nonexistant as their console because it just got... [b]/. ed!!!!!!![/b]

Re:The server must be running (-1, Offtopic)

Anonymous Coward | more than 10 years ago | (#10273160)

Wow, such a new UID and such horrible karma.

Re:The server must be running (-1, Offtopic)

Anonymous Coward | more than 10 years ago | (#10273274)

It won't improve if he insists using UBB code (or whatever it's called) to format Slashdot posts...

Can we just ignore infinium (5, Funny)

goneutt (694223) | more than 10 years ago | (#10273110)

Infinium is a bit like a scab, if you pick at it it'll only get worse.

Isn't this company/product the original vapor ware. Comments... Even the website is vapor.

Re:Can we just ignore infinium (2, Interesting)

Anonymous Coward | more than 10 years ago | (#10273402)

> Isn't this company/product the original vapor
> ware. Comments... Even the website is vapor.

Hmmm, the Infinium Labs website is actually very
well done and professional so I don't know what
you mean by a "vapor" website. But besides that,
could someone explain what the uproar about this
company is about? It seems the "slashdot"
community has had a bug in it's ass about the
company from day one. What gives? I don't know
anything about this company but looking at its
product literture it seems that they have a good
idea and the latest incarnation of the product is
actually pretty nice. So, someone please
enlighten me.

Re:Can we just ignore infinium (-1, Troll)

Performer Guy (69820) | more than 10 years ago | (#10273466)

The uproar is they had a lot of talk about a PC based console but nobody could get their hands on one, so Hard[OCP] assumed it was vaporware and did a hatchet piece on the CEO accusing him of all sorts of stuff like failed businesses in the past and running shell companies, running off with investors moner & hiring his own mom, etc.

Basically arguing that Phantom was never going to happen. Naturally Infinium responded with legal threats and in the end Hard[OCP] actually sued Infinium, yup that's right, the web magazine sued Infinium.

Anyhoo, people have since gotten their hands on physical Phantom console prototypes including Hard[OCP]. Despite this Hard[OCP] still calls it vapor, and it might well be since that's a bit of a self fulfilling prophecy in the case of the Phantom, you need to be able to sell a lot of units from the start to start a console business and get a viable critical mass going.

Infinium are trying to pull off something very difficult from a business perspective and Hard[OCP] stuck the boot in, but the fact that this has been rumoured for a long time got Hard[OCP] a lot of sympathy in the community. Why I dunno, Kyle at Hard[OCP] went out looking for this fight, not the other way around.

Re:Can we just ignore infinium (0)

Anonymous Coward | more than 10 years ago | (#10273506)

You're right - Kyle did go out looking for this fight. Fucking whiner, and a piece of shit when it comes to integrity.

Kyle, way to go. Now go fuck yourself.

Re:Can we just ignore infinium (5, Interesting)

sahrss (565657) | more than 10 years ago | (#10273547)

"Infinium are trying to pull off something very difficult from a business perspective and Hard[OCP] stuck the boot in..."

What the hell? Where did you come from? Nice misinformation. Go read some of the evidence in these threads:

http://games.slashdot.org/article.pl?sid=04/03/27/ 1430211&tid=123&tid=127&tid=10 [slashdot.org]
http://games.slashdot.org/article.pl?sid=04/03/04/ 0017209&tid=123&tid=127&tid=10 [slashdot.org]

-1 Troll. Mods, this guy made another comment here: http://games.slashdot.org/comments.pl?sid=122123&c id=10273433 [slashdot.org]

Re:Can we just ignore infinium (0)

Anonymous Coward | more than 10 years ago | (#10273568)

Fuck off, degenerative assnub.

Re:Can we just ignore infinium (-1, Troll)

Performer Guy (69820) | more than 10 years ago | (#10273616)

I've read the evidence, what's your point. You did read the original hatchet piece [hardocp.com] that started all this didn't you?

Just because someone doesn't agree with your fanboy attitude towards HardOCP doesn't make them a troll. Geeze, Kyle sued HardOCP in his own district hoping for a more favourable judgement based on local law In my opinion.

But ultimately I don't really care about this case, it is amusing to see posters like you being so blatantly one sided about this. Yes he's a community driven site and OK, Infinium has what you could call vaporware, but physical examples exist out there. This was the least SLAP like SLAP case I've seen and Infinium's response was a predictable responses to a hatchet peice IMHO.

Re:Can we just ignore infinium (1)

Performer Guy (69820) | more than 10 years ago | (#10273630)

Edit, typo; that should read "Kyle sued Infinium", not "Kyle sued HardOCP"

Re:Can we just ignore infinium (1)

Physics Nobody (688399) | more than 10 years ago | (#10273612)

Christ, do you work for Infinium or something? You've made three posts on this topic saying essentially the same thing.

[H]ard|OCP may have written a rather unflattering piece about Infinium and their CEO, but you can hardly blame them if their claims are true. (They insist that they are. I personally have no clue. Can you actually debunk their claims?)

And the only reason [H]ard|OCP sued Infinium is because Infinium kept threatening to sue them and demanding they take things off their website. But the [H]ard guys have enough confidence in their story that rather than enduring a constant barrage of legal threats they took the initiative and essentially sued Infinium just to keep Infinium from threatening to sue them.

Re:Can we just ignore infinium (1)

Performer Guy (69820) | more than 10 years ago | (#10273652)

I don't work for Infinium, but I don't share your opinion. Just because HardOCP is a community site doesn't automatically earn them my support, I like to judge by the facts. The original article was a classic hatchet piece, it wasn't based entirely on facts, it was full of speculation and assumptions about the worst possible motives and. I'm not astroturfing, just posting where I think I can make corrections. I don't have a lot of sympatyh for HardOCP in this case, I think there are two sides in this case and everyone automatically landing in the HardOCP camp is their business, but excuse me if I sit on the sidelines on this one.

Re:Can we just ignore infinium (2, Interesting)

Rakishi (759894) | more than 10 years ago | (#10273697)

Yes, HardOCP sued first instead of buckling under the threats and taking the piece of their website. They were being threatened with lawsuits and they sued to have a judgment made, ie: "You're threatening to sue us, well let's see if a judge thinks you have any ground to stand on."
Isn't it odd: someone fighting back when a company threatens to sue them?

Text of article (5, Informative)

Anonymous Coward | more than 10 years ago | (#10273115)

Just in at the courthouse, an order regarding KB Network's Motion to Compel and Motion for Sanctions. Upon review of Plaintiff's Motion, the court finds that the motion should be granted in part and denied in part. Read on for the details...

Judge Kaplan has ordered Infinium Labs to prudce a series of documents by September 30th. These include:

1) "Documents reflecting the identity and location of potential investors, venture capitalists, investors, partners, shareholders to whom private placement memorandums were provided, or other stake or equity holders in Infinium Labs who are located in the state of Texas other than shareholders that acquired Infinium stock on the public market, and the transactions, proposed or consummated with same."

2) "Pleadings and final judgments from any Court of any Jurisdiction in which Timothy Roberts was or is a Defendant between the dates of August 1, 2001 and February 29, 2004; and; the 2003 Tax Return of Timothy Roberts when filed."

3) "All documents in their possession, custody, or control that evidence, reflect, relate to financial transactions (including any beneficial transaction) between Infinium and Roberts from August 2002 to the present, including but not limited to printouts of all bank, credit card, and other financial transactions currently maintained in electronic form."

4) "All emails sent or received by Infinium's Texas employees."

5) "All year-to-date payroll information and records for 2003-2004 for all of Infinium's Texas employees.

6) "All documents reviewed by Kevin Bachus in preparing the declaration submitted in support of Defendant's motion to dismiss that have not otherwise been produced."

7) "All loan documents between Infinium and Roberts, including but not limited to documents pertaining to the $50,000 loan Roberts testified about in his deposition."

8) "All archival data and all forum postings from Infinium's websites."

9) "A complete and unaltered copy of the 'Who's We' agreement."

10) "All Infinium board of directors minutes and resolutions, with the substance of the resolution redacted unless it pertains to Roberts. Defendants are also ordered to make unredacted copies of its board of directors minutes and resolutions available for inspection by Plaintiffs' counsel at the office of Defendants' counsel. Defendants shall make such documents available for inspection on or before September 30, 2004. If, after inspection, Plaintiffs believe that any redacted portions of these documents should be produced, they may seek appropriate relief from the court."

11) "Plaintiffs' may re-depose Infinium and Roberts, with questioning at the second depositions limited to documents and information not produced to Plaintiffs prior to the first depositions. The combined duration of the first and second depositions shall not exceed seven hours per witness. Additionally, at the option of defendants, the depositions may proceed by telephone... . Plantiffs shall pay the costs of the second depositions and each party shall bear its own attorneys' fees. The second depositions shall be completed by November 5, 2004."

Now, once you've digested all that you'll remember that the court also ruled against KB Networks in some parts. That is actually only one item which is: "Plantiffs' request for sanctions is denied."

Analysis

It appears that HardOCP came away with a large victory. Without the transcriptions from the first depositions, we can only speculate based on subsequent motions on what transpired that day. It's quite obvious that the focus is purely on Tim Roberts and following the extensive money trail that has resulted. Section Six is of interest since it's the only one dealing with Kevin Bachus. What did Bachus say (or not say) during his deposition that piqued the interest of Kyle's lawyers?

We now have mention of a $50,000 loan that Roberts testified to in his deposition. What is the significance of this money? Further, will the production of emails, the old website and payroll be enough to prove Infinium can indeed be rightfully sued in Texas?

In related news.... (4, Funny)

Short Circuit (52384) | more than 10 years ago | (#10273283)

3D Realms threatens to sue the next person to compare them to Infinium.

what this is all about. (informative) (3, Informative)

blackest_k (761565) | more than 10 years ago | (#10273382)

HardOCP won a battle against infinium in court.
Ok whats the battle about?
stolen from CNN

(CNN) -- A few weeks ago a new game console was unveiled on the Web called Phantom.

Its developer, Infinium Labs, promises it will be the "must-have high performance game console," and that the Phantom will provide "more access to more games of every genre than any competing product," all "with blazing speed."

Six months ago, it was only a rumor among hardcore gamers. In fact, it seemed Phantom was, as the American Heritage dictionary put it, "an image that appears only in the mind; an illusion."

The juiciest rumor was that there never would be a console called Phantom. The conspiracy theory went that the whole thing was a hoax, concocted as a PR stunt.

Looks like Hardocp called bullshit and now a judge is agreeing with them and infinium is getting slapped.
now read on...

Re:what this is all about. (informative) (5, Interesting)

mabhatter654 (561290) | more than 10 years ago | (#10273493)

Kyle called "bullshit" back in september of last year. Don't know why, but Kyle wrote a ripping piece on them from out of nowhere...maybe they had some of his money!! [haha] but for some reason they pulled his chain and he went digging...and found free and clear public knowlage that they weren't what they said they were...hell their stated office address at the time was a vacant rundown store!

For some reason they tried to sue HIM to take the article down like 4 months later!!! He corrected matters of fact...silly stuff that didn't change any of the article's real information. They tried to drag him to court in Florida...so he "counter" sued in Texas court [where Kyle lives and supposedly they had an office also!] to have a case dismissed... they then preceded to sue him again.

I can't say why this is such a big deal. The only thing I can see is that Roberts appears to be a serial "scammer" [but then 50% of VC seekers are anyway] and it was just too easy a target for Kyle to pass up...and if you read the forums or letters replys, Kyle LOVES a good Flame war! can you say recipe for trouble!!!

Copied from HardOCP (5, Informative)

Anonymous Coward | more than 10 years ago | (#10273124)

http://hardocp.com/

HardOCP Vs. Infinium Update:
WhereIsPhantom.com has one of the latest documents filed in our case on-line for you to download and of course gives their thoughts on what IL's lawyers have to say about coverage of the case. To quote the filed motion from IL's attorneys:

Infinium is concerned about the tactics of the Plaintiffs and their lawyers in this case. This case has received an unusual amount of publicity for a case of its type. In fact, Plaintiffs' counsel has issued their own press release announcing the institution of this action and that the Plaintiffs stand behind their negative statements about Infinium and Roberts. Likewise, the plaintiffs run a website called www.hardocp.com wherein they continue to publicize this lawsuit. Additionally, a website has been established called www.whereisphantom.com which "exists for the sole purpose of brining to light as many details as [it] can uncover about Infinium Labs, the lawsuit with KB Networks, and anything else that IL is involved in.

It is my personal opinion that if they did not want this case to be publicized on the Web, they should have not threatened to sue a website multiple times.

Just as a note, all documents that WhereIsPhantom.com posts are a matter of public record. You just have to pay to download them. Sounds like a pretty solid "tactic" to me. Just wait till it gets exciting.

Huh (-1, Redundant)

x_tender (771845) | more than 10 years ago | (#10273126)

Slashdotted before announcement?

Guess Infinium got what they wanted (4, Funny)

Anonymous Coward | more than 10 years ago | (#10273150)

Nobody's going to visit HardOCP for a while.
Isn't that what Infinium wanted? :)

Re:Guess Infinium got what they wanted (1)

synergy3000 (637810) | more than 10 years ago | (#10273460)

How is this even remotely funny considering the link is not to HardOCP's web site? Yeah you can't RTFA. Looks like mod goobs and poster goobs did not even preview the link.

HardOCP Article (4, Informative)

sbszine (633428) | more than 10 years ago | (#10273155)

TFA is Slashdotted, but there's a small news article at HardOCP [hardocp.com] if you're interested.

Kick ass! (0, Offtopic)

mriker (571666) | more than 10 years ago | (#10273159)

Congrats HardOCP!!

I like [H]ard OCP (4, Interesting)

category_five (814174) | more than 10 years ago | (#10273183)

I like [H]ard OCP because they stay true to their roots and post mostly about motherboards and stories interesting to the [H]ardware community while other hardware sites are now posting useless reviews of webcams, PDA's and wireless routers which have little to do with making your game machine be all it can be.(anandtech and tomshardwareguide).

Re:I like [H]ard OCP (-1, Troll)

Anonymous Coward | more than 10 years ago | (#10273239)

Ya and the best part is all of the free kiddie porn in the forums

Re:I like [H]ard OCP (1)

doormat (63648) | more than 10 years ago | (#10273254)

No doubt. [H] did a little review [hardocp.com] of one of those USB drives last week though. I've always found that their forums [hardforum.com] are really good to get answers and discuss things. When they're up.

Re:I like [H]ard OCP (0)

Anonymous Coward | more than 10 years ago | (#10273396)

Mod Parent Up. HardOCP is just a played out "review" website.

Re:I like [H]ard OCP (0, Offtopic)

moonbender (547943) | more than 10 years ago | (#10273264)

I don't mind them reviewing other kinds of hardware, but Tom's Hardware Guide these days posts everything from editorials to Linux advisories and, what's worse, freaking game previews.

A little background please? (4, Insightful)

servoled (174239) | more than 10 years ago | (#10273207)

Why are these two in court exactly? It would be nice to provide some basic background for those of us out there who don't religiously follow HardOCP.

Re:A little background please? (5, Informative)

Anonymous Coward | more than 10 years ago | (#10273237)

They posted an "expose" on Infinium - shady history of CEO, their "offices" being nonexistant, their shady employees, etc etc. Infinium threatened to sue, sent them a C&D, so HardOCP sued them to get a statement from the court saying they are in the clear and legal and not committing libel/slander

Re:A little background please? (4, Informative)

category_five (814174) | more than 10 years ago | (#10273260)

[H]ard OCP posted a review of the phantom console detailing Phantoms liberal use of Hot glue in its construction and the lack of appeal of a subscription based console among other things. http://hardocp.com/article.html?art=NjU3 Also [H]ardOCP posted an editorial about the failed history of other ventures that the CEO of Infinium Labs, Timothy M. Roberts, has attempted. http://www.hardocp.com/article.html?art=NTEyLDE= This during the time when Infinium Labs was (and still is) attempting to raise capitol to start production of the Phantom. Understandably Infinium Labs sued [H]ardOCP for slander.

Re:A little background please? (2, Informative)

JInterest (719959) | more than 10 years ago | (#10273449)

Understandably Infinium Labs sued [H]ardOCP for slander.

Not so understandably. Actually HardOCP pre-empted Infineum by filing for a declaratory judgment. Infinium is thus in an ugly position of having things they have been trying to gloss over proved in court. Tim Roberts must be a SCO-quality knucklehead. This is a lawsuit he didn't need to be involved in.

Re:A little background please? (2, Informative)

Performer Guy (69820) | more than 10 years ago | (#10273684)

This isn't about the hotglue article, it never was, it's about this peice [hardocp.com] . and HardOCP actually sued Infinium, so which lawsuit this is is not exactly clear to me. There were lawsuits in different jusisdictions flying both ways.

NO, NO, NO (-1, Troll)

Performer Guy (69820) | more than 10 years ago | (#10273494)

This is categorically wrong, who modded this informative? It is 100% factually wrong.

HardOCP did a hatchet job on the CEO and Infinium threatened them legally, HardOCP then sued Infinium. Quite amazing really. The hotglue Phantom internals article came much later.

Proves that Kyle is mad in my opinion, but it looks like he gets to see their books. What a complete pain in the ass for Infinium, you gotta laugh.

It's pretty amazing that this has come back to haunt Infinium, Kyle gets to see just about everything relating to their company business, *everything*, holy crap, email, board meetings, and financials including investors, to a frikin 'jopurnalist'. Pretty amazing that this was ordered.

Re:A little background please? (5, Informative)

oneiros27 (46144) | more than 10 years ago | (#10273298)

HardOCP [hardocp.com] is a gaming website. Last year, they ran an article questioning the Infinium Phantom Console [hardocp.com] which had been announced, but no one had yet seen.

The article did some probing into the company, and some of their claims, such as the history of the president of Infinium.

Infinium stated they would sue HardOCP over the letter, and sent e-mail to tell HardOCP to change or remove parts of the article [hardocp.com] . HardOCP didn't cave, and so, there was a lawsuit, and now it's progressed to this (which isn't really a win).

Re:A little background please? (3, Informative)

geminidomino (614729) | more than 10 years ago | (#10273299)

If I remember, Infinium sued (or threatened to sue, I can't remember which) [H]ard OCP a while back for a negative article about the vaporware Phantom, some other interesting factoids, like the "storefront" being an empty office, etc...

I can't remember what HOCP was suing them back for, though.

Re:A little background please? (2, Informative)

mabhatter654 (561290) | more than 10 years ago | (#10273548)

they tried to pull a fast one and sue in Florida [with the super-sloppy business courts] when both parties "clearly" [again according to Infinium's own info!] had business presence in Texas. So Kyle counter-sued in Texas, where the site is, for "harassment" or the legal equivelant to nulify their suit.

Re:A little background please? (0)

Anonymous Coward | more than 10 years ago | (#10273589)

HOCP did not really sue them (what reason would they have?), but used a Texas law that says if someone threatens you with a lawsuit, you can call their bluff and force them to court to prevent the threat of lawsuit being used as a form of blackmail.

hardocp won? (0, Offtopic)

urban_gorilla (691918) | more than 10 years ago | (#10273224)

ahahahahahahahahaha!!!
*sigh*

ALLOW ME TO BE THE FIRST TO SAY... (1, Funny)

Anonymous Coward | more than 10 years ago | (#10273226)

I for one, welcome our new Hard COP overlords!

Past slashdot articles. (5, Informative)

Llynix (586718) | more than 10 years ago | (#10273252)

For some background information you might want to check back to these past [slashdot.org] articles [slashdot.org] .

Re:Past slashdot articles. (1)

horatio (127595) | more than 10 years ago | (#10273405)

mod parent up.

The poster and/or editors needed to include links like these in the summary. Otherwise even the avid /.er's scratch our heads wondering wth this is about.

I guess it's too late (2, Interesting)

miikrr (799637) | more than 10 years ago | (#10273255)

http://www.theinquirer.net/?article=14577 Damn I hope that company dies.

Who did what to who in the what now? (5, Insightful)

Bo'Bob'O (95398) | more than 10 years ago | (#10273258)

You know, I am not one to generally criticize Slashdot for it's mistakes, dupes, slant or whatever. It is what it is. I just wish that the posters or the editors would give just a little background on the stories submitted, even if it is just a review from the last time it was discussed.

There are people on this forum with a great deal of different backgrounds that may not always be familiar with the names, companies, and situations involved in stories that might interest a causal reader, without him or her having to dig up research just to know what the story is even about.

Excellent news (5, Insightful)

H_Fisher (808597) | more than 10 years ago | (#10273276)

I'm glad the court seems to have taken a no B.S. approach here, in response to the piles of it Infinium & its lawyers produced. That lawfirm especially needed its gonads ground into the dirt for the unprofessional way they tried to handle this.

Kudos also to HardOCP for not running scared when faced with legal threats. If more of the "little guys" were able to stand strong against frivolous or iffy strong-armed legal challenges, the world might not be perfect but we'd be headed in a better direction.

Look! Signs of a computer! (1)

Foxxz (106642) | more than 10 years ago | (#10273281)

HardOCP has a few pics of the console on their site. if you look at this pic [hardocp.com] near the center inside the console you can spy a DVI connector. Looks like they just ran off some of the S-video and other connectors from that card.

-Foxxz

Re:Look! Signs of a computer! (2, Funny)

Foxxz (106642) | more than 10 years ago | (#10273310)

Forgot to mention HardOCP actually DOES open the thing up. Its just a p4 with all the cards connected to the back with hot glue.

-Foxxz

Shouldn't it be... (1)

ImTwoSlick (723185) | more than 10 years ago | (#10273296)

Where is whereisphandom.com?

The Savvis Connection ! (-1, Offtopic)

Anonymous Coward | more than 10 years ago | (#10273359)

The CEO of Infinium Labs, Timothy Roberts, is also - "Co-Founder, CTO, COO, Officer & Director 1995-1997" of the Savvis Corporation who were recently outed as conniving with big-time spammers - http://www.theregister.co.uk/2004/09/09/savvis_spa m_canned/ .

HardOCP Disingenuous? (-1, Flamebait)

Anonymous Coward | more than 10 years ago | (#10273462)

At the HardOCP website they have an article
on their front page entitled 'Inside the Infinium
Labs Phantom Console'. My question is why are
they examining an old (and no longer relevant)
piece of hardware? This is not the current
version of the console. Seems a bit disingenous
on HardOCP's part.

Also from the HardOCP article...

> I do find it amazing that so much funding was
> initially raised with nothing more than a
> simple PC inside a big fancy cover

Uh well, WTF is an Xbox if nothing more than
a "PC". And what if it is little more than
a "PC". What does that have to do with anything?
Are we supposed to be in awe of this penetrating
analysis or something?

Re:HardOCP Disingenuous? (4, Insightful)

mabhatter654 (561290) | more than 10 years ago | (#10273641)

But They're trying to "sell snow to eskimos" so to speak. True, it's just a PC..but that's what they've always said. It's a PC with lots of DRM, [you can't open it or run regular software, store bought stuff, or anything like that] required to be online to download last year's pc titles for Full price ... Plus subscription for the "service". The hardware's not hot enough to run something like DOOM3 so it's not even viable for 75% of the PC game market.

originally the unit was "demo'd" nearly 2 years ago...it was nearly 1 year of vapor before kyle ripped on it...and the guy hawking it is still getting VC funding!!! WTF It's a failed business right from the start...any /.r would recognize that from the start... but when a pro starts hawking "computer", "broadband", "pay per play", "Secure" and such terms the VCs still see the $$ no matter how logic seems to fail the situation!!

With a resume like that....... (-1, Troll)

Anonymous Coward | more than 10 years ago | (#10273477)

With a resume like that Timothy Roberts could be president.

Infinium wants to be on the ASE... (4, Interesting)

Artifex (18308) | more than 10 years ago | (#10273619)

I wonder how these lawsuits are going to look in their planned filing [phantom.net] with the American Stock Exchange [amex.com] ?

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