Infinium Labs and its Phantom pay-on demand set-top box PC gaming hub thingy has been the butt of many jokes since the machine was announced last year. Given the massive claims by the firm, the alleged sharp practices by CEO Timothy Roberts and various other discrepancies, it came as no surprise that the traditionally hostile gaming press was open in its reservations.
Following one of our own reports which questioned the viability of Infinium Labs’ business model, we received a call from Tim Roberts' PR representative, asking when would be a good time to talk to us about our article. A time was arranged, and sure enough Roberts called from his car, as he was en route to - if we remember correctly - Miami. And what ensued was one of the strangest conversations we have ever had.
Roberts demanded, "Explain your article! Why do you think the Phantom is vapourware?" The answer was simple. We explained that the claims made relating to third-party support were surprising and nothing had been shown to add weight to any software or hardware claims. "Right, I’ll call you back later and we’ll discuss everything. I’ll explain exactly what we are doing and where we are up to." He never called back.
However, Roberts came under personal and professional fire in one article on website HardOCP that read, "Timothy Roberts has helmed several businesses that have failed or have gone bankrupt in the last six years. A couple of these high profile bankruptcies cost investors in those companies millions and millions of dollars. Mr. Roberts is now the head of a new company, Infinium Labs, and is rounding up money from investors to realise his latest vision."
The article went on to cast aspertions about Roberts’ business dealings, and hinted that Infinium may well dealing in sharp practice.
Well, last week, Roberts came out fighting. In a legal letter to HardOCP, Infinium and Roberts demand a retraction. "We hereby demand that you immediately remove the Article and Infinium's proprietary images and marks from your website and the Internet, print a retraction of the article, and cease and desist from disparaging Infinium Labs and its principals in any way, including, but not limited to, making distorted and misleading statements about them or repeating distorted and misleading statements made by others. Your activities may provide sufficient grounds for Infinium and Mr Roberts to assert a number of...claims against you, including, without limitations, trade disparagement and trade libel, trademark infringement, tortuous interference, and unfair business practices. Furthermore, your statements and use of Infinium's proprietary images were obviously published with the intent to tarnish Infinium's image and dilute the value of its name. Such conduct is actionable under federal law."
Interestingly, the original article is still in place, and what’s more, HardOCP is impressively unrepentant. This letter is from editor Kyle Bennett: "I have extended HardOCP.com's pledge to correct any and all possible inconsistencies or errors in our editorial entitled "Behind the Phantom Console" personally to Timothy Roberts and Kevin Bachus of Infinium Labs and they have yet to inform HardOCP.com of any information we presented as being not correct. This courtesy was extended on September 17, 2003, the date the article was published and has been extended several times since then with no reply ever being received by HardOCP.com. It is my opinion that Infinium Labs' only interest is stifling HardOCP.com and our opinions. HardOCP.com still stands by our thoughts and opinions put forth in our editorial and no amount of legal badgering and frivolous lawsuits will change those opinions that we have shared with our readers."
Excellent – it would seem a fight is on. Will Infinium be able to prove HardOCP was wrong? If not, some very serious questions will remain about the viability of the Phantom and the credibility of Infinium CEO Tim Roberts.
We’ll keep you updated.
Following one of our own reports which questioned the viability of Infinium Labs’ business model, we received a call from Tim Roberts' PR representative, asking when would be a good time to talk to us about our article. A time was arranged, and sure enough Roberts called from his car, as he was en route to - if we remember correctly - Miami. And what ensued was one of the strangest conversations we have ever had.
Roberts demanded, "Explain your article! Why do you think the Phantom is vapourware?" The answer was simple. We explained that the claims made relating to third-party support were surprising and nothing had been shown to add weight to any software or hardware claims. "Right, I’ll call you back later and we’ll discuss everything. I’ll explain exactly what we are doing and where we are up to." He never called back.
However, Roberts came under personal and professional fire in one article on website HardOCP that read, "Timothy Roberts has helmed several businesses that have failed or have gone bankrupt in the last six years. A couple of these high profile bankruptcies cost investors in those companies millions and millions of dollars. Mr. Roberts is now the head of a new company, Infinium Labs, and is rounding up money from investors to realise his latest vision."
The article went on to cast aspertions about Roberts’ business dealings, and hinted that Infinium may well dealing in sharp practice.
Well, last week, Roberts came out fighting. In a legal letter to HardOCP, Infinium and Roberts demand a retraction. "We hereby demand that you immediately remove the Article and Infinium's proprietary images and marks from your website and the Internet, print a retraction of the article, and cease and desist from disparaging Infinium Labs and its principals in any way, including, but not limited to, making distorted and misleading statements about them or repeating distorted and misleading statements made by others. Your activities may provide sufficient grounds for Infinium and Mr Roberts to assert a number of...claims against you, including, without limitations, trade disparagement and trade libel, trademark infringement, tortuous interference, and unfair business practices. Furthermore, your statements and use of Infinium's proprietary images were obviously published with the intent to tarnish Infinium's image and dilute the value of its name. Such conduct is actionable under federal law."
Interestingly, the original article is still in place, and what’s more, HardOCP is impressively unrepentant. This letter is from editor Kyle Bennett: "I have extended HardOCP.com's pledge to correct any and all possible inconsistencies or errors in our editorial entitled "Behind the Phantom Console" personally to Timothy Roberts and Kevin Bachus of Infinium Labs and they have yet to inform HardOCP.com of any information we presented as being not correct. This courtesy was extended on September 17, 2003, the date the article was published and has been extended several times since then with no reply ever being received by HardOCP.com. It is my opinion that Infinium Labs' only interest is stifling HardOCP.com and our opinions. HardOCP.com still stands by our thoughts and opinions put forth in our editorial and no amount of legal badgering and frivolous lawsuits will change those opinions that we have shared with our readers."
Excellent – it would seem a fight is on. Will Infinium be able to prove HardOCP was wrong? If not, some very serious questions will remain about the viability of the Phantom and the credibility of Infinium CEO Tim Roberts.
We’ll keep you updated.
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