Video game lawsuit hits speed bumps
November 14, 2003
The makers of “Grand Theft Auto: Vice City” are asking a $246 million lawsuit filed against them by the relatives and those shot by two teenagers in Tennessee be dismissed.
The suit was filed against Take2Interactive Software in October by the families of and individuals shot by stepbrothers William Buckner, 16, and Joshua Buckner, 14, who claimed they were attempting to recreate shooting scenes in one of their favorite video games, “Grand Theft Auto.”
Aaron Hamel, 45, was killed and Kimberly Bede, 19, was wounded when the brothers shot at cars on Interstate 40 in Tennessee.
The teens pleaded guilty and were charged with reckless homicide, aggravated assault and reckless endangerment.
Barbara Mack, associate professor of journalism and communication, said it was not unusual for the makers of the game to ask the case be dismissed, and she believes there is little chance the lawsuit will be successful.
“In similar cases in the past the courts have been very reluctant to hold the creators of an entertainment product responsible for the actions of somebody who watches a movie, reads a book or plays a video game,” Mack said. “If [the lawsuit] is successful, it will be a dramatic turn of events in the legal community.”
Mack said she has never heard of a jury finding an entertainment producer responsible for actions of people who viewed the entertainment. She said the real question is where the responsibility lies.
“If you own a gun, you’re more likely to fire it,” Mack said. “Does that make the Baretta company responsible if you kill someone with a Baretta weapon?”
Jack Thompson, a Florida-based lawyer who is serving as a prosecutor in the case, said although there is always a chance of dismissal, he is “absolutely” considering using research done by Craig Anderson, professor of psychology, and Brad Bushman, former professor of psychology, on video game violence. Bushman is a professor of psychology and communication studies at the University of Michigan.
“[Anderson] is brilliant,” Thompson said. “He’s an incredibly valuable asset in the effort against copycat video game violence and other violence-inspired entertainment.”
Anderson and Bushman conducted research on violent video games and found such games increase aggression in users of all ages. Bushman said he has not yet been asked to testify for the lawsuit.
Take2Interactive declined to comment.
“I think [‘Grand Theft Auto’] is a terrible game,” Mack said. “I dislike every message it sends, but the manufacturers of ‘Grand Theft Auto’ are selling a legal product.”