A long-standing legal battle between Billy Mitchell, a prominent figure in the video gaming world, and Brisbane-based YouTuber Karl Jobst is set to culminate in a trial this September. The dispute centers around defamation claims tied to allegations of cheating in the classic arcade game, Donkey Kong.
Billy Mitchell, known for his record-setting high scores in Donkey Kong and other arcade games, filed a lawsuit against Jobst in 2021.
Mitchell is seeking damages nearing half a million dollars, alleging that Jobst’s accusations of cheating have caused significant harm to his reputation. The lawsuit has been ongoing for nearly three years, marked by numerous delays.
A trial date has now been set for September 16, 2024, and the proceedings are expected to last six days. This development follows repeated efforts by Jobst to expedite the trial, countered by what he describes as deliberate stalling tactics by Mitchell.
Central to the case is Mitchell’s claim that he was never banned from Twin Galaxies, a well-known video game high score tracking organization, for cheating.
This assertion is contested by Jobst, who points to previous lawsuits in which Mitchell himself stated that Twin Galaxies had banned him, leading to public outcry and significant “reputational damage.”
Jobst argues that Mitchell’s reputation was already tarnished by these earlier controversies, which include legal actions against Twin Galaxies and another YouTuber, Apollo Legend. In these cases, Mitchell sought substantial damages, alleging that accusations of cheating had ruined his standing in the gaming community.
In Australia, where this trial will take place, the legal system often requires the losing party to pay the winner’s legal costs. This contrasts with the United States, where such outcomes are less certain, and settlements can be a more financially prudent option for defendants. Jobst has indicated that he believes a settlement is unlikely, given the potential for recovering legal expenses if he prevails in court.
The upcoming trial is poised to address multiple aspects of the defamation claims, including the veracity of the cheating allegations and the extent of any reputational damage caused. Jobst has stated his intention to demonstrate that Mitchell’s reputation had already suffered irreparable harm prior to the disputed statements.
