Toxicfume asked me to post this and I couldn"t resist his sexiness so here I goes...
Today HardOCP responded to Infinium Labs" repeated requests to retract its now-infamous profile of Infinium cofounder Tim Roberts. However, the Web site"s owner and editor-in-chief, Kyle Bennett, used more than pointed prose--he has sent a team of lawyers after Infinium.
On February 27, Bennett filed a lawsuit in the United States District Court for the Northern District of Texas, Dallas Division, "to clear the air and terminate the flurry of demands, allegations, and defamatory Internet posts directed against HardOCP.com, by Infinium Labs and law firms representing Infinium Labs and its CEO, Tim Roberts." Documents were served to Infinium Labs representatives in Florida yesterday.
In a press release soon to be made public, lawyers representing KB Networks (the Bennett-founded entity that owns HardOCP), refers to the suit as one based on a legal statue commonly referred to as the "Declaratory Judgment Act." HardOCP lawyers explain the act as one that "permits a person or entity being threatened with lawsuits from another party to force the issue to be decided, rather than having to operate under a cloud of uncertainty and intimidation."
However, the statement does reiterate the position Bennett has maintained since he posted the original article, that the site "stands by its article, and believe[s] that the Federal Court will conclude, as HardOCP.com believes, that all relevant facts in the article are true."