Both parties agreed to dismiss the case

[Disclosure: Jim Sterling is a former reviews editor at Destructoid.]

Almost a year ago, we found out that Jim Sterling was being sued by indie developer James Romine on behalf of his studio Digital Homicide for damages in excess of $10.7 million. The alleged torts committed were 11 counts of libel.? Today, an Arizona District Court judge granted the parties' stipulated m??otion to dismiss the case with prejudice.

On his site The Jimquisition, Sterling details the outcome while peppering in some personal commentary. This paragraph probably sums it up best: "First of all, I'm obviously pleased with the result. We filed for dismissal, because this whole thing was an instant waste of time and money that could never be recuperated. Even if this went to court and we counterclaimed, what would we get out of it? A dismissal with pre??judice is even better than the simple dismissal I'd originally aimed for -- this effectively means these ludicrous charges aren't coming back."

In the Stipulated Motion for Dismissal, it's stated that both parties will bear their own attorney and filing fees. This is seemingly the sole loss Sterling will incur. Having look?ed through the history of the case's documents, we can state that a Notice of Settlement was never filed with the court. It's likely that this matter wasn't settled but rather that Romine opted to cut his losses. We've emailed Sterling to confirm that this is the case, but haven't received a response at time of writing.

However, in Sterling's article, he explains that his attorney talked Romine out of proceeding. "...as I understand it, the agreement to drop the suit with prejudice was the result of Hartman's [Sterling's attorney] enviable reasoning ability. The plaintiff agreed to drop his case after my lawyer explained exactly what would happen if this went to co??urt and how we would respond."

In sifting through the case documents, it's?? clearly apparent that Rom??ine was out of his depths from the beginning. At one point, the court almost dismissed the case because Romine improperly identified himself as the plaintiff. He tried to recover for Digital Homicides without listing Digital Homicides as a plaintiff.

However, Arizona Rules of Civil Procedure state that an entity other than a sole proprietorship cannot represent itself (pro se); it must retain licensed counsel. The judge partially granted Sterling's Motion to Dismiss but allowed Romine to amend his Complaint.

Similarly questionable is Romine's filing in Arizona District Court. Sterling is a resident of Mississippi and the alleged torts were committed in Mississippi. Romine seems to have propped up his argument by purchasing a t-shirt from Sterling, having it shipped to his home address in Arizona, and then asserting that Sterling does business in Arizona. Further, Romine contributed to Sterling's Patreon at a donatio??n level of $1 per month for three months to assert that Sterling does business in Arizona. These are hoops that Romine jumped through to try to course-correct after not originally filing in the proper venue.

It was a frustrating year-long vent??ure for Sterling, one spent combating od??d assertions and misplaced delusion. But, it's over now and it won't come back. The case being dismissed with prejudice means that the plaintiff is barred from ever re-filing for these same claims. Romine seemingly ended it all to no net gain. The critic had his day in court and he prevailed.

A Statement Regarding Romine v. ??Stanton's Dismissal With Prejudice [The Jimquisition]

The post Jim Sterling pre??vails in ?his lawsuit with Digital Homicide appeared first on Destructoid.

Seeking over $10 million in damages

_{[Disclosure: Jim Sterling is a former reviews editor at Destructoid]}

On March 4, 2016, James Romine (one-half of Digital Homicide, along with his brother Robert) filed a civil suit against our old friend Jim Sterling, seeking $10,761,000 in damages; $2,261,000 in "direct product damage," $4,300,000 in "emotional, reputational, and financial distres??s," and $5,000,000 in "punitive damages." Add up those three numbers and you get $11,561,000 -- I do not know where the missing $800,000 went and I've read every publicly available court document.

According to court documents filed by Romine, the lawsuit centers around ten specific counts of libel. The complaint states that "The Defendant (Jim Sterling) falsely accused The Plaintiff (Romine) and caused damage to reputation, damage to product, loss of product, and causing severe emotional distress to The Plaintiff, The Plaintiff has right to receive restitution for these ?damages."

The feud between the Romine brothers and Jim Sterling can be traced to a video where Sterling played a game called The Slaughtering Grounds, released under Digital Homicid??e's previous nom de plume ImminentUprising. If you've seen one video where a snarky gamer plays bad Steam games, you've seen them all -- Sterling's is no different. Since the video's release, Sterling and Digital Homicide have?? engaged in a near-litigious back-and-forth, culminating in this month's lawsuit.

The alleged damages include a claim from Sterling that Digital Homicide impersonated Polish game company ECC Games, harassment from Sterling's fanbase, and the fact that Sterling compared them to the Wet Bandits from Home Alone. This is not a joke.

More concrete is the claim that Digital Homicide spoke with Valve representatives Connor Malone and Tom Giardino, where they allegedly told Romine they would be disabling the company's developer account. Romine claims that he was able to convince Malone and Giardino to leave the account in exchange for de-listing the rest of Digital Homicide's then-current Steam Greenlight projects. We've reached out to Giardino for comment, since Malone's contact information does not currently appear on Valve's 'People' page.

Sterling is not currently commenting on the lawsuit, but he addressed the matter on his ask.fm page. "I have nothing yet to say about any legal situations. In unrelated news I am in a very confident mood today." In a comment sent to Gameranx and later to Destructoid, Sterling said he was "dealing with the si??tuation" and re-emphasizing his confidence. Sterling has previously criticized Digital Homicide for pushing multiple games of low quality through the Steam storefront, most of which he claims are built exclusively using pre-purchased Unity assets.

In the course of his investigation into Digital Homicide, Sterling claims the company published multiple games under different banners, including "Micro Strategic Game Designs" and "ECC Games." Sterling also claims to have gotten in touch with previously existing company ECC Games Poland, where he quotes producer Dorota Muzynska as saying "We probably fell victim to a people previously known as Digital Homicide. We have already taken legal actions aimed at ceasing infring??ement of ECC Games rights." We have also reached out to ECC Games for comment regarding this claim.

When asked f?or comment, Robert Romine instead forwarded Destructoid his entire conve??rsation with another gaming outlet. When pressed for comment on the questions we actually sent, Romine said they were not disclosing the names of the attorneys involved in the case. He also framed the case as a fight against online harassment. "We hope this case and documenta??tion will show others they don't have to t?ake it, what to do when it happens, and that those who do it will be punished."

Romine also told us that "re-printing defamatory materials in your own words?? would result in liability on your part," which sounds an awful lot like a threat to me.

According to multiple sources close to the story, Destructoid does not k??owtow to threats.

The post Indie developer Digital Ho??micide sues Jim Sterling appeared first on Destructoid.

Thank Joy for him

ScrewAttack Gaming Convention is going on right now, and some news relevant to longtime Destructoid readers has come out of it. Our old pal Jim Sterling put on Jimquisition Live there, and he made a few announcements during the panel. For those who missed it, Sterling put out an informative tweet to get people up to speed.

Chief among the announcements is his involvement with Compulsion Games' We Happy Few. He will be joining the voice cast in a currently unknown role. Sterling has done voice work in the past, but Compulsion's open-world survival title might be the hig??hest profile game he has been involved with.

Coupled with the We Happy Few news is the announcement that an original game is being developed for mobile devices called Jim Sterling's Licensed Game Adventure. The full panel should be available to view online soon at The Jimquisition.

The post Jim Sterling doing voice work for Compulsion’s We Happy Few appeared first on Destructoid.

Mrs. Streisand, we're ready for your close-up

Late last year, famed reviewer and internet personality Jim Sterling played Slaughtering Grounds. Long story short, he didn't like it. As a?? developer, it's time to calmly move on and focus on positive reviews, and fixing the game. Or at least, not go completely batshit insane, right? Wrong.

For whatever reason, developer ImminentUprising used this as an opportunity to take Jim to task personally because he was "ruining their sales." DMCA takedowns on his video? Check. A mass deletion of threads on the Steam community forum? Check. A really weird and borderline creepy response video? Gurl you know it.

ImminentUprising even went so far as to create a fake contest telling people they could win a free game key if they talk trash on the game in their forums -- users they promptly banned directly after. They're still bitter about it even today, after they completely failed to silence Jim and other critics, as they've crafted a "Troll" Steam trading card this month that is supposed to look just?? like Sterli?ng.

You wouldn't believe the lengths that some developers go through to silence critics. Hell, we even dealt with it a few times over the years, when the creative director of Hydrophobia called up our own? Samit Sarkar and "demanded" to talk to J??im. To silence criticism and user content on the internet is a tall order in and of itself, but the issue really highlights a problem with the industry -- communication, and how bad some people are at it.

This is why most developers, even indies, have some form of PR. It's a sticky situation indeed, because it often leads to an avenue of false promises, hype, and stone-walling. In a perfect world it would be nice if we even occasionally had access to everyone's real, raw thoughts. Some of my favorite actors include those who don't filter their statements behind a veil of PR-speak, and openly e??ngage with the public like a real human being. Or at least, have the appearance of doing so, which gives me even a minimal amount of comfort compared to some of the drone-like responses we usually get.

But in many cases, especially in the case of game development, select individuals don't think before they talk, and act impulsively at every turn. We're all individuals here, so there's no magic bullet solution or a "right answer" on how to govern human thought. There is, however, one bit of invaluable advice from former NFL coach Herm Edwards. If you're thinking about making a hasty statement in anger, actually think about it first, and "don't press send." 

Oh, and don't try to censor the Inte??rnet. I've played your game, it's bad, move on.

The post Slaughtering Grounds developer continues to be petty about one bad re??view appeared first on Destructoid.

There has been much talk about how the gaming world is too toxic, too negative, too full of anger and rage?. Jimquisition argues there might be just the right amount of it. The issue is in how it's used.

Anger is a pow?erful weapon, but like all powerful things, it must be handled with care. Venom can be harnessed to our benefit, provided we be careful not to let it spill into our own faces.

The post Jimquisition: Toxic appeared first on Destructoid.

Jimquisition happens every Monday!

You were promised an episode on season passes, in the wake of Jimquisition&??nbsp;complaining about downloadable content. There is a season for all things, and that season has come to pass.

Here is a nice little bit of shouting on why season passes are ri?diculous, and why it would behoove you to pass up on the bloody things.

The post Jimquisition: Reasons To Pass On Season Passes appeared first on Destructoid.

Jimquisition happens every Monday!

Let's look for a playable woman protagonist in a videogame that doesn't rely on the same pool of res??trictive stereotypes as every other playable woman protagonist.

To do this, let's look at a fighting game from 1994. That one a??bout the ??dinosaurs. Yes, that one. Because I damn well sure can't find many better example. Folks, be prepared ... to RAGE.

The post Jimquisition: Vertigo appeared first on Destructoid.

Jimquisition happens every Monday!

Some gamers are skipping Grand Theft Auto V, unwilling to play the role of a thief, a gangbanger, or a psychopath. While others may shy away from being the?? villain, Jim Sterling actively revels in it.

Indeed, to play the villain ??can not only be fun, it can be downrig??ht fascinating.

The post Jimquisition: To Play The Villain appeared first on Destructoid.

Jimquisition happens every Monday!

This week, Jim loads his gun and shoots holes in the argument that certain games suffer from ludonarrative dissonance, just because they're violent. Because?? really, people, that's not even what ludonarrative dissonance is!

If you're gonna us?e big words to sound smart, use 'em correctly ... guttersn?ipes.

The post Jimquisition: Lugoscababib Discobiscuits appeared first on Destructoid.

Jimquisition happens every Monday!

Freedom of expression is not freedom to express without challenge. A game is withi??n? its rights to include any content it does, but that content is not sacred.

Puppeteer features a boy as the hero, not a girl. Gavin Moore was asked why this is, and his response was fairly snippy. GTA V has th?ree male leads, and fans get snippy when people question this.

Fact is, these two games are totally right to have the charact??ers they have ... but that righteousness comes with strings attached (get it because puppets).

The post Jimquisition: Creative Freedom, Strings Attached appeared first on Destructoid.

Annoyed Gamer and Jimquisition explode all over your screen!

During this past weekend, I had the pleasure of sharing some screen time with Marcus Beer, known to GameTrailers viewers as the Annoyed Gamer. In this crossover video, we discuss preview even?ts (and why I don't do them), independent developers??, and the classic problem of industry overspending. 

I hope you enjoy watching it almost as much as I enjoye??d making it, ahur hur hur!

The post Beer and Sterling talk indies, money, previews appeared first on Destructoid.

Jimquisition happens every Monday!

You don't have to hate downloadable content to avoid ever buying the stuff. Even heartf??elt fans of the concept can be? thoroughly turned off, and it's all thanks to the idiots trying to sell it.

Your old pal Jim loves DLC, as an idea, but ??never b??uys it these days because of alienating business tactics and companies trying to push their damn luck.

Let us discuss the ways in which a publisher c?an stop even a willing customer from buying its wares.

The post Jimquisition: Downloadable Discontent appeared first on Destructoid.

Jimquisition happens every Monday!

Payday 2 is a success, because the people making ??an?d publishing it weren't completely stupid. What sorcery is this?

Yes, it's one of those episodes where we celebrate one game getting it right and not stuffing everything up. Speaking of stuffing, Jim at last unveils the Dragon Dildo ... and does things? with it. Terrible things.

The post Jimquisition: Time To Get Paid appeared first on Destructoid.

Jimquisition happens every Monday!

If your first response to a game creator doing something you dislike is to get personal with them and threaten their families, you wai?ve any righteousness you might have had. Seems like a no-brainer ... yet so few of us seem to have brains.

It's sad this episode had to be made, but here's a Jimquisition about how you're a total piece of shit if you threaten to ?murder somebody's child. Yes ... this had to be pointed out.

The post Jimquisition: I’m Going To Murder Your Children appeared first on Destructoid.

Jimquisition happens every Monday!

The post Jimquisition: Neutered appeared first on Destructoid.

Jimquisition happens every Monday!

Oh yes, it's another video about reviews and things. Not quite the usual flavor, but ce??rtainl??y something that cannot be repeated enough.

If you're a fan of Vanillaware, you ma??y not be helping by pouring excessive scorn on a reviewer who may not agree with you. In fact, nobody's helped when you s?top the party just because one person isn't enjoying it as much as you are. Who wins there? Nobody.

Least of all those who threw the party.

The post Jimquisition: Dragon’s Frown appeared first on Destructoid.

Jimquisition happens every Monday!

It's time to talk about why "optional" micr??otransactions in games aren't rea??lly optional, and why they're especially gruesome in games we already paid for at retail.

The rise of "free to play" elements in games that are not free is going to become increasingly popular among major corpor?atio??ns, desperate as they are for "The Answer" to a splintering audience. While they are, on the surface, annoyances to be ignored, these fake freemium ideas change the way games are made and played, and that's not good for anyone.

The post Jimquisition: Fee to Pay appeared first on Destructoid.

Jimquisition happens every Monday!

Must every new videogame become a sequel-spawning franchise? Is it through necessity, or simple avarice that mainstream ??game development makes?? it so?

A little dash of jarnalizm, a spoonful of introspection, and two massive barrels of furious indignation bore to the core of this subject, in the only way Jimquisition knows how -- brutally. And without mercy.

The post Jimquisition: Sequel or Slaughter appeared first on Destructoid.

Jimquisition happens every Monday!

Grand Theft Auto V is designed to be fun, says ??Rockstar. Sounds like a no-brainer, but that little bit of PR buzztalk says a lot more than you may think.

When you examine fun as a motivator versus the more common justifications given for game design these days, you get a good sense as to where a developer's loyalties lie. Does a game care about your enjoyment after you?'ve bought a game, or does it just care that you bought it?

The post Jimquisition: Fun & Priorities appeared first on Destructoid.

Jimquisition happens every Monday!

Jimquisition travels to another time and another place, examining a world taken over by gamer guys and their testosterone-add?led inanity. Something must be done!

Fortunately, your ol' pal Jim Sterling is here to take those insincere culture t??hieves down a peg, and put gaming in the hands of those t??o whom it belongs. Welcome to the Sarkybastardverse, which is definitely a real thing now.

The post Jimquisition: Gamer Guys appeared first on Destructoid.

Jimquisition happens every Monday!

As we head toward the launc?h of the Xbox One and PlayStation 4, we're going to soon be hearing about their launch libraries, and how awesome they are. ?Ignore these boasts.

Let Jimquisition&?nbsp;bring light into your life, explaining how the dema??nd for a strong launch lineup is misplaced, and how consoles may screw themselves by spurting out a big wad at once.

The post Jimquisition: Launch Splooge appeared first on Destructoid.

Jimquisition happens every Monday!

The Xbox One no longer enforces restrictions on used games, but the debate over console DRM is not over. One lingering question is th??is -- why are consoles criticized, but PC gets away with it?

On??e would assume the plentiful answers are obvious, but your old pal Sterling was so inundated with arguments dragging PC gaming into the discussion, he just had to answer. Enjoy this selection of reasons why PC gaming is allowed to abandon the used market, and consoles aren't.

The post Jimquisition: Why PC Gaming Gets Away With It appeared first on Destructoid.

Xbox One got dat no DRM!

Xbox One Eighty more like HA HA HA HA HA!

Jimquisition rushes to bring a half-baked opinion in the afterfall of Microsoft reversing its DRM policy on Xb?ox?? One.

The post Jimquisition: Xbox One No DRM Emergency Special appeared first on Destructoid.

Jimquisition happens every Monday!

Sony created a magic moment this past week at E3, dec??laring f?or the world that PS4 would not restrict used games or utilize DRM. Power to the people!

Of course, it can be said Sony didn't actually do anything, yet is being lauded as a hero. Does the PlayStation 4 deserve special kudos for maintaining the status quo? Jimquisition thinks so ... kind of. In this ?case, doing nothing means everything.

The post Jimquisition: PS4 – Doing Nothing, Meaning Everything appeared first on Destructoid.

Jimquisition happens every Monday!

??Well, Microsoft went and did it. It took the step publishers have fantasized over for years, and destroyed the concept of videogame ownership.

The Xbox One will sell you games, but it keeps what it sells, while controlling and overseei??ng your actions. You're bagged, tagged, and possessed. You're owned and you're observed. Meanwhile, the false target of its actions will laugh it up with Microsoft, and the end user gets what it always gets -- shafted.

The post Jimquisition: Xbox One and the Death of Ownership appeared first on Destructoid.

Jimquisition happens every Monday!

How do you like your coffee? Blacker than midnight on a moonless night? Or is?? that just what you want people to think?

Asking consumers what coffee they drink is a fine example of demonstrating exactly how problematic a focus group can be when? designing a product. That would be the same kind of focus group the mainstream videogame industry puts massive amounts of stock into. The kind of group turning promising games into slurry.

Oh videogames, will you ever get it right?

The post Jimquisition: Damn Fine Coffee appeared first on Destructoid.

Jimquisition happens every Monday!

The Xbox One will kill used games and control second?-hand sale?s, and some people think that's great. Jim Sterling is not among them.

While members of the gaming media attempt to see the positive side of murdering the used game market and snubbing retailers, all Jimquisition can see are greedy, cowardly Starscreams, wait??ing to sieze ??????????????????????????power and do terrible things with it.

Because that's?? what they do, and we have no reason to believe otherw??ise.

The post Jimqui??sition: When The Starscreams Kill Used Games appeared first on Destructoid.

Bonus Jimquisition gives Microsoft a telling off

The Xbox One was revealed this weak to thunderous applause. Oh wait, d??id?? we say applause? We meant, farts. Thunderous farts.

Speaking of far?ts, here's a man who loves the smell of his, tearing Microsoft's unified entertainment philosophy to shreds and arguing how the Xbox One is basically a system for nobody but the privileged and demented.

The post Jimquisition: Xbox One out of Ten appeared first on Destructoid.

Jimquisition happens every Monday!

Dark Souls 2 is all about going in, guns blazing, and hoping t??????????????????????????o God it wor??ks. Oh dear.

Namco Bandai's PR chief recently shone a spectacular light on the broken mentality of "AAA" publishers, describing the promotion of high profile games as something akin to a spray n' pray crapshoot. Despite the first Dark Souls showing the worl??d how real success is won, it appears lessons will not be learned.

So start praying.

The post Jimquisition: Guns Blazing appeared first on Destructoid.

Jimquisition happens every Monday!

A common argument in the ongoing debate over gender and videogames is that women and men b?oth are equally objectified. Is that really true?

As always, Emperor God King Jim Sterling puts His holy foot down and deli?vers wisdom true to the masses. He totally isn't smug about it, either!

The post Jimquisition: Objectification And … Men? appeared first on Destructoid.