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Jim Sterling is being sued by Digital Homicide

sammex

Member
I think this can happen when someone works in isolation and puts too much of their identity in something that hasn't gotten feedback, One of my jobs is looking at business plans in the software industry and I see this even from people who are MIT educated to act very defensive and make it difficult to let go despite it being obvious from the outside that there are glaring flaws; part of the reason is they spent several years coming up with what they imagined was a great idea that needed to be kept secret (and yet I see similar ideas every week).

It also isn't only about the idea or the sunken costs from the years of work it's maintenance of outward identity to other people in their life which they can't bear to see altered. That doesn't excuse subsequent behavior but I see this externalizing all the time in lawsuits in startups, very often from people who only have their incompetence to blame for why they failed and their company is failing. I imagine it's similar in making games to put significant effort into something that you fall in love with as an idea and put yourself into it which makes criticism about the product almost like criticism of the person in their mind.

I don't think this is even remotely applicable to these guys. They know what they are doing, they are not putting effort into these games. They are using premade assets to make games of questionable quality (to be nice) as fast as possible and spamming Steam with them in the hopes of duping people into buying them.
 
https://en.wikipedia.org/wiki/Strategic_lawsuit_against_public_participation



DH wants Valve to give them the names/addresses of Steam users who gave their shit games some bad user reviews, that way DH can waste their time walking over to the courthouse to file lawsuits against random Steam users (rather than... I dunno... learning how to make videogames), and those random gamers will then need to lawyer up and defend themselves from frivolous lawsuits or risk losing potentially hundreds of thousands of dollars (or even millions) due to some random legal quirk. And since the average gamer doesn't want to get fucking sued for leaving a user review, DH is hoping that making an example out of a few easy targets will scare people away from saying mean things about them.

I hope Valve defends against this with an expensive legal team, and Valve wins while DH is forced to pay Valve's legal costs. And then DH goes bankrupt and is driven out of the videogame industry.

The legal ramifications of Valve just handing the info over could actually cause them a lot of trouble. You can pretty much bank on them destroying whatever may be left of DH.
 

Vic_Viper

Member
Edit 3:

This is the infamous interview that Jim did with DH, click here.

Is there a working link for this interview? Looks like Sterling removed it after this thread was created and I would really like to check it out.

Edit: Is this it?

Cant believe how far this has gone. How can these guys honestly think they are doing the right thing here. I mean games get shit on by reviewers all the time, doesnt mean its the reviewers fault the game is bad.
 

Bigrx1

Banned
For the people who say they don't particularly enjoy the obnoxious Sterling persona, consider listening into his podcasts.
I usually can't stand Jimquisition cause he sounds like he's always out of breath and indignant for the sake of being indignant but in the podcasts he doesn't use that persona and seems really likable. Sort of like Gordon Ramsay in the US vs in the UK.

I actually feel the opposite, I just couldn't bare to listen to his podcast after a while since it almost always ended up, often, reminding me of the talk I had with my friends in junior high. Himself and that Lara K are seriously 10-15 years behind in some levels of their emotional maturing. Granted, I still love his Jimquisitions, because at least there his junior high sex humor only lasts for a few short quick bursts here and there, but the podquisition is just nonstop of that.
 

Bigrx1

Banned
Small update I guess. Romine directly comments on the current state of the case in an interview he did for AZcentral. The interview is pretty funny actually in how he presents himself as the total victim in all this. It's also amusing to see that he told AZcentral that in his review the reviewer video he just called Sterling a "moron". Pretty sure he called him a fucking idiot plenty of times among many other things lol.

Anyway, the case has stalled out according to him, you can read here:

http://www.azcentral.com/story/mone...ital-homicide-video-games-sue-users/90742572/
 

Neptonic

Member
Small update I guess. Romine directly comments on the current state of the case in an interview he did for AZcentral. The interview is pretty funny actually in how he presents himself as the total victim in all this. It's also amusing to see that he told AZcentral that in his review the reviewer video he just called Sterling a "moron". Pretty sure he called him a fucking idiot plenty of times among many other things lol.

Anyway, the case has stalled out according to him, you can read here:

http://www.azcentral.com/story/mone...ital-homicide-video-games-sue-users/90742572/

WAIT THEY'RE FROM ARIZONA?


#AZrepresent


What a scumbag.
 

Justinh

Member
Pretty sure he called him a fucking idiot plenty of times among many other things lol.

Seems like they got that covered, though.
They called him an (expletive) "idiot" and "moron" who will “flap (his) stupid mouth” to create a “useless” review.


Not sure if doing the interview was all that wise, tbh.
If he's worried about how shitty the internet can be sometimes, I would think it would be unwise to bring attention to yourself so you can say the internet is a shitty place, especially since he has no help (no legal representation) and nobody has his back.
 

PtM

Banned
Small update I guess. Romine directly comments on the current state of the case in an interview he did for AZcentral. The interview is pretty funny actually in how he presents himself as the total victim in all this. It's also amusing to see that he told AZcentral that in his review the reviewer video he just called Sterling a "moron". Pretty sure he called him a fucking idiot plenty of times among many other things lol.

Anyway, the case has stalled out according to him, you can read here:

http://www.azcentral.com/story/mone...ital-homicide-video-games-sue-users/90742572/
Huh, they're updating this article, I remember it more underresearched.
 

inm8num2

Member
3Omm0nJ.png

Hm, I think something's wrong with their site. The pictures are bugged.


There, fixed.

For the record it's NEVER okay for anybody to send or receive threats of violence or any forms of harassment. However I can't help notice the Romines are upset that their small-time market transaction fee farming operation has been shut down by Steam, so now they are scrambling to find some other unscrupulous way to get themselves money. Greed is a terrible thing.
 

Cheerilee

Member
"Brothers James and Robert Romine founded Digital Homicide Studios LCC in 2014 and have since created more than 60 small PC games."

AZcentral clearly has no concept of the amount of time needed for two people to "create" a game. These frauds were connecting generic asset pack A to generic engine B, calling it a "game", and then using it to exploit a loophole in Steam, over and over and over again.

For the record it's NEVER okay for anybody to send or receive threats of violence or any forms of harassment. However I can't help notice the Romines are upset that their small-time market transaction fee farming operation has been shut down by Steam, so now they are scrambling to find some other unscrupulous way to get themselves money. Greed is a terrible thing.
Nah, they got upset after Jim Sterling shined a spotlight on their shit, unintentionally increasing their profile and increasing their revenue stream. But it came at the cost of people recognizing that their shit is shit. Their scam worked just fine until they got kicked off Steam for trying to sue Steam users over negative Steam reviews. Negative Steam reviews were nothing. The people buying Digital Homicide games for cheap trading cards didn't care that the games got bad reviews.

Digital Homicide destroyed themselves over pride, not greed.

And it's kind of amazing that the people running this sort of scam, shitting "games" onto Steam in bulk, have any sort of pride. I mean, Uwe Boll makes terrible movies as some sort of German tax scam, and I can sort of see how he might have some sort of pride in his work. Digital Homicide? Nope. Can't see how that's possible. And yet, there it apparently is. James Romine is apparently willing to flush his children's bread down the toilet for the sake of the pride he has in his horrible, horrible art.
 

KDR_11k

Member
Nah, they got upset after Jim Sterling shined a spotlight on their shit, unintentionally increasing their profile and increasing their revenue stream.

Jim often posts sales graphs of the games he covers, they don't get any sales boost from the coverage. Card flippers probably don't check for developer names.
 

Bigrx1

Banned
Seems like they got that covered, though.



Not sure if doing the interview was all that wise, tbh.
If he's worried about how shitty the internet can be sometimes, I would think it would be unwise to bring attention to yourself so you can say the internet is a shitty place, especially since he has no help (no legal representation) and nobody has his back.

Huh, they're updating this article, I remember it more underresearched.

Yep they updated the article actually since my comment. Originally it just listed them as calling Jim a "moron" and that was it.
 

Primus

Member
Thanks once again for posting the actual, substantive data for those of us without PACER subscriptions. :)

Romine is asking to substitute Federal Code 28 U.S. Code § 4101 for Arizona statute ARS §12-541 in the original complaint and amend a URL that seems may have moved on Jim Sterling's website.

Seems to me that by changing the suit from Arizona state to Federal statutes, Romine is attempting to get around the lack of standing and personal jurisdiction that Jim Sterling brought up in his motion to dismiss.
 

mre

Golden Domers are chickenshit!!
Thanks once again for posting the actual, substantive data for those of us without PACER subscriptions. :)



Seems to me that by changing the suit from Arizona state to Federal statutes, Romine is attempting to get around the lack of standing and personal jurisdiction that Jim Sterling brought up in his motion to dismiss.
You have that backwards.

And the standing issue is premised upon the fact that Romine's claims belong to Digital Homicide, not to himself. Because Digital Homicide is a legally existing entity rather than just a d/b/a for the Romines, Digital Homicide should be the plaintiff, not Romine.

However, because Digital Homicide is a corporation, it is not allowed to represent itself pro se; it must have an attorney. Because Digital Homicide's claims appear to be without merit, at least facially, I would imagine they had trouble attracting an attorney to file their case. Hence, Romine filing the lawsuit himself, rather than Digital Homicide.
 

foltzie1

Member
Two new filings in the past week or so.

First from Sterling's attorney, arguing that Romine's motion to amend his complaint be denied for one of two reasons. 1) that a motion to dismiss is pending or 2) the changes before and after are irrelevant towards providing a legal basis for a claim.

Someone with more trial experience than me (read any) can chime in as to if reason #1 is valid.

However, reason 2 seems to be correct (neither the original cited statute or the replacement seem to be relevant statutes.

The second filing is from Romine and is for another correction to his complaint and it doesn't appear to be any more substantive than the original change.
 

mre

Golden Domers are chickenshit!!
Two new filings in the past week or so.

First from Sterling's attorney, arguing that Romine's motion to amend his complaint be denied for one of two reasons. 1) that a motion to dismiss is pending or 2) the changes before and after are irrelevant towards providing a legal basis for a claim.

Someone with more trial experience than me (read any) can chime in as to if reason #1 is valid.

However, reason 2 seems to be correct (neither the original cited statute or the replacement seem to be relevant statutes.

The second filing is from Romine and is for another correction to his complaint and it doesn't appear to be any more substantive than the original change.
By itself 1 isn't a valid reason. Rule 15 allows you to file 1 amended complaint by right either within 21 days of filing your complaint, or within 21 days of your defendant filing either a responsive pleading or a motion to dismiss. Romine has already amended his complaint once, so any additional amendment comes at either the consent of the other party or the court. As such, the fact that there is a pending MTD can argue against his request to amend his complaint.
 

kulapik

Member
Update:

ORDER: IT IS THEREFORE ORDERED granting in part Defendant's Motion to Dismiss (Doc.19 ), as detailed above; denying as moot Plaintiff's two Motions to Amend (Docs.11 ,33 ). Plaintiff may file an Amended Complaint that complies with this Order by February 10, 2017. Claims made on behalf of an entity must be filed by a licensed attorney. Failure to timely file an Amended Complaint will result in dismissal of this case without further notice. Signed by Judge John J Tuchi on 1/13/2017. (REK)

TL;DR: They need to get an attorney by Feb 10th or it will be dismissed. Spoiler: they probably won't.

https://www.pacermonitor.com/public/case/10890330/Romine_v_Stanton
 

DrArchon

Member
It's been over for a while honestly. Jim's been name dropping DigiHom and their games for a while in his vids, so clearly he doesn't fear reprisal from them anymore. At least it'll be over for reals soon
and then some other crappy dev will try to sue him.
 

foltzie1

Member
I checked pacer on Thursday! Alas!

Good to see some movement and the most likely one as has been pointed out by a few others.

Under FRCP 41(b) would mean that this case is "adjudicated on the merits". This would function like with prejudice and trigger res judicata on any claims made.
 
Can somebody with legal knowledge answer something?

In the comments of SidAlpha's video and The Escapist, somebody (they might be the same person, judging by the name? Please don't sue me for defamation, Gades) is saying that if Romine files to get the case dismissed without prejudice and it's granted, he gets away scot-free and Jim is saddled with eleven months of lawyer fees.

Is that true?
 

AgeEighty

Member
Suing media outlets for doing mean (even if true) stories is all the rage nowadays; Donald Trump advocates it all the time. So DH probably figured this looked like their moment.
 

foltzie1

Member
Can somebody with legal knowledge answer something?

In the comments of SidAlpha's video and The Escapist, somebody (they might be the same person, judging by the name? Please don't sue me for defamation, Gades) is saying that if Romine files to get the case dismissed without prejudice and it's granted, he gets away scot-free and Jim is saddled with eleven months of lawyer fees.

Is that true?

At this point Romine cannot unilaterally dismiss his claim without the courts ok under FRCP 41(a)(1).
 

Mahonay

Banned
Would Jim have any grounds to place a countersuit at this point for harrassment? Is that even a thing? Not that he'd actually want to.
 
THE ART OF STEALTH DEVELOPER MELTDOWN

The Art of Stealth Team said:
Jim Sterling video is a violation of copyrighted work and against Youtube rules

I'm just putting the following link here for everyone to see:

https://plus.google.com/+YouTubeCreators/posts/SULUVfi3K2T


We are currently talking with the Youtube support about this issue.

Jim Sterling has no respect to software engineers who learned programming in university for 5 years and work hard to create a good game.


Jim Sterling has no self-respect. He is going against Youtube rules and trying to damage a small team which is new in the industry. A pathetic bully.

Jim Sterling calls our work "Load of Crap". He doesn't respect our attempts to make a good game. He simply makes money by discredit other people's works. I wonder if this worm can actually write a single line of code!

It's Digital Homicide 1.5!
 
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