Grand Theft Auto: Class Action – The Frank Brief

by Ted Frank on June 6, 2008

Full proof that I don’t think all pro se representation is a bad thing: Following up our previous discussion of the GTA class action settlement and my objection: This morning, Friday, June 6, I filed this brief (which unlike the previous brief, I wrote myself), in opposition to the plaintiffs’ motions for court approval of the settlement and attorneys’ fees, in the Southern District of New York and served it upon counsel. With luck, I didn’t file the wrong brief.

Argument is June 25, 10:30 am, in New York City, and I intend to be in court to argue as an objector. If, like me, you’re willing to take a day off of work to be in a Manhattan courtroom to see justice done, feel free to watch and say hi.

For more on the Grand Theft Auto class action, see our series of posts on the issue over the last three years.

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Grand Theft Auto: Class Action - the argument
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07.31.08 at 8:30 pm


1 Hikaru Katayamma 06.06.08 at 9:10 am

I’ve got to wonder that with all the fuss over the Hot Coffee hack for GTA, where’s the wild masses screaming for blood about the no-clothes hack that came out for World of Porncr—err—Warcraft recently?

Was there a class action on that one I missed?

Or have I just given some idjot a bright idea with my question?

2 Benjamin Cooper 06.06.08 at 11:38 am

I keep wondering why more people haven’t objected to the class settlement.

3 Ted Frank 06.06.08 at 11:56 am

My personal example suggests why more people haven’t objected. I’ve been a class member for dozens, perhaps hundreds, of settlements, and this is the first time that I’ve taken time out to object. This has required several hundred dollars of personal expense, and about 20-30 hours of my free time, plus I’m taking a vacation day to be in court–and the only reason it’s taken this little time is because I’d been following the GTA class action since it was filed and because I’m writing about class action settlements. If my motion is successful, I am at the court’s mercy whether my expenses will be reimbursed.

Little wonder so few object.

4 matt 06.06.08 at 12:50 pm

@Hikaru Katayamma

very few people know bout that hack which is why (ironically there are alot of games that make gta series look mild) the next closest came with “oblivion” had a nude mod but the developers proved that they had nothing to do with that mod so they dodged the bullet (but the game i believe was rerated because of it)

5 Supremacy Claus 06.06.08 at 4:00 pm

Wonderful brief, with wit, good authority, and not dry. (Not being sarcastic.) I would like to see Ted act more on the law.

6 Justinian Lane 06.06.08 at 4:36 pm

Ted, Ted, Ted. Filing a brief that contains the words “Jizzy,” “half-and-half,” and “purple dildo.” Someday, I truly hope to buy you a drink. If I do, I’ll tell you about the time I was a court-appointed expert witness and showed a conservative Texas jury some hard-core gay pornography.

We rarely see eye-to-eye, but you’re completely right that this settlement is bogus, and I strongly admire your willingness to spend the time & money to fight it.


P.S. I’m no good at the drive-by’s, either.

7 Jason Barney 06.06.08 at 8:07 pm

Ted, that’s an awesome objection and reveals this litigation for the sham it really is.

Perhaps you should consider setting up a PayPal micro-donation mechanism so people can help offset your costs resisting this dumb litigation. I’d donate.

8 Hikaru Katayamma 06.07.08 at 12:01 am

I’d buy that for a dollar!

9 KRS 06.07.08 at 9:14 pm

You are my hero… for the moment at least. Good luck.

10 matt 06.07.08 at 11:34 pm

if i may just say one thing about the brief. you claim that no one plays old games thats not true, the difference is that these old games are usually rare to find and no sequels ever were released(i know this has no basis in your brief and as a matter of law its useless)but i just thought you might like to know

11 Ted Frank 06.08.08 at 7:19 am

If people wanted to play GTA:SA, Ebay sellers would be able to sell copies for $1.99. They aren’t.

12 matt 06.08.08 at 8:54 am

well like i said gta was so widely availible when it came out try looking up games like persona 3 (not fes) or earthbound, the rare gems (to be honest gta isnt considered that great of a series, i know its sells pretty well but there are better games out there than gta 4) to each his own though

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