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==Legal issues and controversy== ===Strawberry Shortcake=== {{see also|Strawberry Shortcake#Penny Arcade}} <!-- Deleted image removed: [[Image:Tart as a double entendre.png|thumb|right|The Strawberry Shortcake parody]] --> Krahulik and Holkins received a [[cease and desist|cease-and-desist]] letter from [[American Greetings|American Greetings Corporation]] over the use of American Greetings' [[Strawberry Shortcake]] and [[Plum Puddin']] characters in the April 14, 2003 ''Penny Arcade'' strip entitled "[[Tart]] as a [[double entendre|Double Entendre]]".<ref name="seatimes_newlevel">{{cite web |url=https://www.seattletimes.com/entertainment/penny-arcade-creators-ride-their-webcomic-to-a-whole-new-level/ |title="Penny Arcade" creators ride their webcomic to a whole new level |last=Liu |first=Marian |date=2008-08-24 |website=[[The Seattle Times]] |publisher= |access-date=2022-09-05 |quote=And like “The Boondocks” cartoonist Aaron McGruder, Holkins and Krahulik are no strangers to controversy. For example, they received a cease-and-desist letter from American Greetings Corp. for using Strawberry Shortcake and Plum Puddin’ characters in a strip.}}</ref><ref name="miller_thesis">{{cite thesis |last=Miller |first=Bryanne |date=November 2007 |title=Making "Cents" of Subcultural Capital: The Preservation of Authenticity and Credibility in Penny Arcade Subculture |type= |chapter= |publisher= |docket= |oclc=646563040 |url=https://www.collectionscanada.gc.ca/obj/thesescanada/vol2/002/MR38120.PDF?oclc_number=646563040 |access-date=2022-09-05}}</ref><ref>{{cite web |url=https://whatever.scalzi.com/2003/04/25/strawberry-shortcake-and-penny-arcade/ |title=Strawberry Shortcake and Penny Arcade |last=Scalzi |first=John |date=2003-04-25 |website= |publisher=[[John Scalzi]] |access-date=2022-09-05 |quote=}}</ref><ref>{{cite web |url=https://www.forbes.com/sites/danielnyegriffiths/2013/09/05/pax-problems-censorship-and-sensibility-in-the-penny-arcade/ |title=PAX Problems: Censorship And Sensibility In the Penny Arcade [Updated] |last=Griffiths |first=Daniel Nye |date=2013-09-05 |website=[[Forbes]] |publisher= |access-date=2022-09-05 |quote=}}</ref> The duo chose not to enter into a legal battle over whether or not the strip was a protected form of [[parody]], and they complied with the [[cease-and-desist]] by replacing it with an image directing their audience to send a letter to a lawyer for American Greetings.<ref name="miller_thesis" /><ref>{{cite web| url = https://www.penny-arcade.com/comic/2003/04/14| title = Tart As A Double Entendre| access-date =August 26, 2007| last1 = Holkins| first1 = Jerry| last2 = Krahulik| first2 = Mike| date = April 14, 2003| work = Penny Arcade}}</ref> They later lampooned the incident by portraying an American Greetings employee as a [[Nazi]].<ref name="miller_thesis" /><ref>{{cite web| url = https://www.penny-arcade.com/comic/2003/04/28| title = Read It Before They Take Legal Action| access-date =February 6, 2010| last1 = Holkins| first1 = Jerry| last2 = Krahulik| first2 = Mike| date = April 28, 2003| work = Penny Arcade}}</ref> ===Jack Thompson=== On October 17, 2005 Krahulik and Holkins donated US$10,000 to the [[Entertainment Software Association]] foundation in the name of [[Jack Thompson (activist)|Jack Thompson]], a disbarred attorney and activist against violence in video games.<ref>{{cite web |author=Score, Avery | date=October 17, 2005 | title=Penny Arcade donates in Thompson's stead | work=[[GameSpot]] | url=http://www.gamespot.com/news/6135940.html |access-date=April 25, 2006}}</ref> Earlier, Thompson himself had promised to donate $10,000 if a video game was created in which the player kills video game developers (''[[A Modest Video Game Proposal]]''),<ref name="GI.biz blasted">{{cite web | date=October 14, 2005 | title=Jack Thompson is blasted by pro-family group | work=[[GamesIndustry.biz]] | url=http://www.gamesindustry.biz/articles/jack-thompson-is-blasted-by-pro-family-group |access-date=April 25, 2006}}</ref> but after a [[mod (computer gaming)|mod]] to the game ''[[Grand Theft Auto]]'' was pointed out to already exist, Thompson called his challenge [[satire]] (referring to the title of the letter as a reference to "[[A Modest Proposal]]") and refused to donate the money.<ref name="10k promise">{{cite web | author=Gibson, Ellie | date=October 18, 2005 | title=Thompson refuses to keep 10k promise | work =[[GamesIndustry.biz]]|url=http://www.gamesindustry.biz/articles/thompson-refuses-to-keep-10k-promise |access-date=April 25, 2006}}</ref> He claimed these games were not going to be manufactured, distributed, or sold like retail games, as his Modest Proposal stated, and therefore, the deal went unfulfilled. His refusal was met with disdain, given that multiple games were created or in the process of being created under Thompson's criteria. Krahulik and Holkins donated the money in his place, with a check containing the memo: "For Jack Thompson, Because Jack Thompson Won't". Thompson proceeded to phone Krahulik, as related by Holkins in the corresponding news post.<ref>{{cite web| url = https://www.penny-arcade.com/2005/10/14/and-all-of-it-true| title = And All Of It True| access-date =August 26, 2007| last1 = Holkins| first1 = Jerry| last2 = Krahulik| first2 = Mike| date = October 14, 2005| work = Penny Arcade}}</ref> On October 18, 2005 it was reported that Jack Thompson had faxed a letter to Seattle Police Chief Gil Kerlikowske claiming that ''Penny Arcade'' "employs certain personnel who have decided to commence and orchestrate [[criminal harassment]] of me by various means".<ref>{{cite web|url=http://gamepolitics.livejournal.com/110152.html |title=Will Seattle's Finest Be Raiding Penny Arcade? |work=[[gamepolitics]] |date=October 18, 2005 |url-status=dead |archive-url=https://web.archive.org/web/20060208023709/http://gamepolitics.livejournal.com/110152.html |archive-date=February 8, 2006 |df=mdy-all }}</ref><ref>{{cite web | last1=Sinclair | first1=Brendan | first2=Curt | last2=Brendan | date=October 18, 2005 | title=Thompson attacks Penny Arcade; seeks arrests | work=[[GameSpot]] | url=http://www.gamespot.com/news/6135979.html |access-date=April 25, 2006}}</ref> Holkins defended the site by saying that the "harassment" Thompson referred to was simply "the natural result of a public figure making statements that people disagree with, and letting him know their thoughts on the matter via his publicly available contact information".<ref>{{cite web|url=https://www.penny-arcade.com/comic/2005/10/17/the-adventure-continues |title=The Adventure Continues |access-date=July 26, 2009 |last1=Holkins |first1=Jerry |last2=Krahulik |first2=Mike |date=October 17, 2005 |work=Penny Arcade |url-status=dead |archive-url=https://web.archive.org/web/20120326141157/https://www.penny-arcade.com/comic/2005/10/17/the-adventure-continues |archive-date=March 26, 2012 }} </ref> On October 21, 2005 Thompson claimed to have sent a letter to [[John McKay (attorney)|John McKay]], [[U.S. Attorney]] for the Western District of Washington, in an attempt to get the [[FBI]] involved. Thompson re-iterated his claims of "[[extortion]]" and accused ''Penny Arcade'' of using "their Internet site and various other means to encourage and solicit criminal harassment".<ref>{{cite web|url=http://gamepolitics.livejournal.com/112527.html |work=[[gamepolitics]] |title=No End in Sight to Penny Arcade Saga; Thompson Turns to Feds |date=October 21, 2005 |url-status=dead |archive-url=https://web.archive.org/web/20060328075442/http://gamepolitics.livejournal.com/112527.html |archive-date=March 28, 2006 |df=mdy-all }}</ref> Penny Arcade denied the charge of "extortion", noting that they paid the $10,000 to charity, and asked nothing in return.<ref>{{cite web| url = https://www.penny-arcade.com/2005/10/21/oh-nos-its-teh-feds| title = oh nos it's {{not a typo|teh}} feds!| access-date =August 26, 2007| last1 = Holkins| first1 = Jerry| last2 = Krahulik| first2 = Mike| date = October 21, 2005| work = Penny Arcade}}</ref> Thompson claimed the harassment of him is a direct result of Mike Krahulik's posts, which listed links to the [[Florida Bar|Florida Bar Association]]. Thompson accused ''Penny Arcade'' of soliciting complaints to the Bar against him, even though Krahulik actually posted the opposite, asking fans to cease sending letters to the Bar, as the Bar acknowledged that it is aware of Thompson's actions, thanks to previous letters.<ref>{{cite web|author=Sinclair, Brendan |date=October 21, 2005 |title=Thompson goes federal with Penny Arcade feud |work=[[GameSpot]] |url=http://www.gamespot.com/news/6136318.html |access-date=April 25, 2006 |url-status=dead |archive-url=https://web.archive.org/web/20060625020247/https://www.gamespot.com/news/6136318.html |archive-date=June 25, 2006 |df=mdy-all }}</ref> The Seattle PD eventually acknowledged receiving a complaint from Thompson, but have commented that they believe the issue to be a [[civil law (common law)|civil]], rather than [[criminal law|criminal]], matter. They noted that this was from initial impressions of the letter they received, and their criminal investigations bureau is reviewing the letter to make sure that there were not any criminal matters that they missed.<ref>{{cite web|author=Sinclair, Brendan |date=October 27, 2005 |title=Seattle police pass on Penny Arcade flap |work=[[GameSpot]] |url=http://www.gamespot.com/news/6136737.html |access-date=April 25, 2006 |url-status=dead |archive-url=https://web.archive.org/web/20060216183639/https://www.gamespot.com/news/6136737.html |archive-date=February 16, 2006 |df=mdy-all }}</ref> On the same day, [[Scott Kurtz]], creator of the webcomic ''[[PvP]]'' and a longtime friend of Krahulik and Holkins, used the image of the letter Thompson sent to the Seattle PD to create a parody letter in which Jack attempts to enlist the aid of the [[Justice League|Justice League of America]] by claiming Gabe and Tycho to be villains of some description.<ref name="PvP letter">{{cite web |url=http://www.pvponline.com/images/news/letter.gif |archive-url=https://web.archive.org/web/20061113230428/http://www.pvponline.com/images/news/letter.gif |archive-date=November 13, 2006 |title=Letter to the Justice League |access-date=March 23, 2007 |last=Kurtz |first=Scott |author-link=Scott Kurtz |date=October 18, 2005 |work=[[PvP]]}}</ref> The ''Penny Arcade'' shop had at the time sold an "I hate Jack Thompson" [[T-shirt]], claiming that every living creature, including Thompson's own mother, hates Jack Thompson.<ref>{{cite web | author=Henriksen, Erik | date=October 27, 2005 | title=Game On | work=[[The Stranger (newspaper)|The Stranger]] | url=http://www.thestranger.com/seattle/game-on/Content?oid=23829 |access-date=December 15, 2014}}</ref> On March 21, 2007 Thompson filed a [[countersuit]] to the [[Take Two Interactive v. John B. Thompson|lawsuit brought against him]] by [[Take Two Interactive]] claiming that they are at the center of a [[Racketeer Influenced and Corrupt Organizations Act|RICO]] [[conspiracy (crime)|conspiracy]]. ''Penny Arcade'' was named as one of the co-conspirators.<ref name="RICO">{{cite web|url=http://gamepolitics.com/2007/03/22/in-countersuit-thompson-claims-take-two-at-center-of-vast-rico-conspiracy/ |title=In Countersuit, Thompson Claims Take Two at Center of Vast RICO Conspiracy |access-date=March 22, 2007 |last=McCauley |first=Dennis |author-link=Dennis McCauley |work=[[GamePolitics.com]] |url-status=dead |archive-url=https://web.archive.org/web/20070325021932/https://gamepolitics.com/2007/03/22/in-countersuit-thompson-claims-take-two-at-center-of-vast-rico-conspiracy/ |archive-date=March 25, 2007 |df=mdy-all }}</ref><ref name="PA 2007-03-23">{{cite web| url = https://www.penny-arcade.com/comic/2007/03/23| title = Our Old Tricks| access-date =March 23, 2007| last1 = Holkins| first1 = Jerry| last2 = Krahulik| first2 = Mike| date = March 23, 2007| work = Penny Arcade}}</ref> At [[Sakura-Con]] 2007, Krahulik announced that the suit had been dropped.<ref name="PA 2007-03-29">{{cite web |url=http://www.qj.net/index.php?pg=49&aid=87825 |title=Thompson drops racketeering allegations in lawsuit against Take-Two |access-date=April 9, 2007 |author=Kristine C. |date=March 29, 2007 |work=qj.net}}</ref> {{anchor|Rape/dickwolves controversy}} ===Dickwolves controversy=== In an August 11, 2010 comic entitled "The Sixth Slave", an [[Non-player character|NPC]] pleads with a player who then refuses to save him: "Every morning, we are roused by savage blows. Every night, we are raped to sleep by the dickwolves".<ref>{{cite web|title=The Sixth Slave|url=https://www.penny-arcade.com/comic/2010/08/11|work=Penny Arcade|access-date=3 July 2012}}</ref> The strip drew criticism from many commentators, including from ''[[The American Prospect]]'' and ''[[The Phoenix (newspaper)|The Boston Phoenix]]''. Krahulik and Holkins dismissed these criticisms, later selling "Team Dickwolves" T-shirts based on the strip.<ref>{{Cite news | last = Kennedy | first = Channing | title = How Does It Feel to Be a Problem on the Internet? | newspaper = The American Prospect | date = February 4, 2011 | url = http://www.prospect.org/csnc/blogs/tapped_archive?month=02&year=2011&base_name=how_does_it_feel_to_be_a_probl | access-date = February 26, 2011 | archive-date = August 10, 2011 | archive-url = https://web.archive.org/web/20110810212849/http://prospect.org/csnc/blogs/tapped_archive?month=02&year=2011&base_name=how_does_it_feel_to_be_a_probl | url-status = dead }}</ref><ref>{{Cite news | last = Myers | first = Maddy | title = Penny Arcade surprised to find that rape jokes offend people | newspaper = The Boston Phoenix | date = August 16, 2010 | url = https://thephoenix.com/BLOGS/laserorgy/archive/2010/08/16/penny-arcade-s-dubious-apology-for-dark-humor.aspx | access-date = February 26, 2011 | archive-date = August 11, 2011 | archive-url = https://web.archive.org/web/20110811023546/https://thephoenix.com/BLOGS/laserorgy/archive/2010/08/16/penny-arcade-s-dubious-apology-for-dark-humor.aspx | url-status = bot: unknown }}</ref><ref>{{Cite news | last = Myers | first = Maddy | title = Gaming, rape culture, and how I stopped reading Penny Arcade: When Dickwolves attack | newspaper = The Boston Phoenix | date = February 3, 2011 | url = https://thephoenix.com/Boston/life/116456-gaming-rape-culture-and-how-i-stopped-reading-pe/?page=1 | access-date = March 3, 2011 | archive-date = March 17, 2011 | archive-url = https://web.archive.org/web/20110317024144/https://thephoenix.com/Boston/life/116456-gaming-rape-culture-and-how-i-stopped-reading-pe/?page=1 | url-status = bot: unknown }}</ref> They later removed the "Team Dickwolves" shirt from their store due to complaints that it made potential PAX attendees uncomfortable. After the removal, Krahulik posted online that removing the shirts was only partly caving to pressure but mainly due to people who had personally emailed him and were reasonable with their concerns. Krahulik also stated that anyone still hesitant about going to PAX even after removal of the shirts should not come to PAX.<ref>{{cite web|url=https://www.penny-arcade.com/2011/1/28/dickwolves|title=Penny Arcade - News - Dickwolves|website=Penny Arcade|access-date=June 27, 2017|archive-date=February 2, 2011|archive-url=https://web.archive.org/web/20110202044427/https://www.penny-arcade.com/2011/1/28/dickwolves|url-status=bot: unknown}}</ref> In September 2013, on the last day of PAX, Krahulik told a panel that he thought that "pulling the dickwolves merchandise was a mistake", to cheers from the crowd.<ref name=Statesman>{{cite magazine|last=Hern|first=Alex|title=Penny Arcade reopens the "dickwolves" controversy|url=http://www.newstatesman.com/alex-hern/2013/09/penny-arcade-reopens-dickwolves-controversy|magazine=[[New Statesman]]|access-date=5 September 2013}}</ref> However, Krahulik later apologized on the ''Penny Arcade'' website, stating that he regretted contributing to the furor that had followed the original comic.<ref>{{cite web|url=https://www.penny-arcade.com/news/post/2013/09/05/some-clarification|title=Penny Arcade - News - Some Clarification|website=Penny Arcade|access-date=March 10, 2023}}</ref> Both critics of the comic strip and Krahulik and Holkins, made claims of receiving verbal abuse through social media and [[death threats]].<ref>{{cite web|url=http://gamepolitics.com/2013/09/06/penny-arcade-controversy-will-not-die/|title=The Penny Arcade Controversy That Will Not Die|last=Fudge|first=James|work=[[GamePolitics.com]]|date=6 September 2013|archive-url=https://web.archive.org/web/20130910151034/http://gamepolitics.com/2013/09/06/penny-arcade-controversy-will-not-die |archive-date=September 10, 2013 |url-status=dead}}</ref> In a 2012 article in the ''[[Journal of Broadcasting & Electronic Media]]'', academics Salter & Blodgett used the Dickwolves incident as a case study into "hypermasculinity and sexism within the gaming community", and argued that "this case highlights how the hypermasculine discourse encourages the overt privileging of masculinity over femininity and discourages women from engaging in gendered discourse within the community."<ref>{{Cite journal|last1=Salter|first1=Anastasia|last2=Blodgett|first2=Bridget|date=2012-07-01|title=Hypermasculinity & Dickwolves: The Contentious Role of Women in the New Gaming Public|journal=Journal of Broadcasting & Electronic Media|volume=56|issue=3|pages=401–416|doi=10.1080/08838151.2012.705199|issn=0883-8151|doi-access=free}}</ref>
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