A Donkey Kong champion who claims he was defamed by a YouTuber was physically sickened over a video linking him to a young man’s death, a judge has heard.
William "Billy" Mitchell, 59, faced Brisbane District Court on Monday for his defamation trial against Queensland video creator Karl Jobst, 38.
The lawsuit claimed Brisbane-based Jobst damaged Florida resident Mitchell’s reputation through a YouTube video linking him to a critic's suicide, Judge Ken Barlow heard.
Mitchell's barrister Peter Somers told Judge Barlow the case concerned "not whether my client cheated" but a video Jobst published on May 26, 2021.
Mitchell took the stand to give evidence during the first day of the week-long trial with his signature beard and long black hair.
Mitchell said he vomited multiple times after he first watched Jobst’s video and claimed it implied he “hounded a young man to commit suicide”.
“I was absolutely angry, I was shocked. I was totally lost,” Mitchell said.
American YouTuber Ben Smith, known online as Apollo Legend, took his life in December 2020 several months after settling with Mitchell over claims he had faked his high scores.
Mitchell said he did not take any damages or legal fees from Smith.
“No money ever changed hands at any time anywhere, not attorney fees, nothing. We just parted ways,” Mitchell said.
He rose to fame in the 1980s and '90s because of his high scores in arcade video games including Donkey Kong and Pac-Man.
Mitchell regained public attention though the 2007 documentary King of Kong and later had the legitimacy of his high scores challenged through allegations he had used non-original arcade cabinets to aid his gaming performance.
Guinness World Records removed many of Mitchell's highest achievements in 2018 before reinstating them in 2020 as a result of legal action.
Mr Somers on Monday said Jobst's video had implied Mitchell's prior defamation case and settlement was a "significant factor in Mr Smith taking own life".
Judge Barlow was handed a collection of nearly 400 comments made by viewers of Jobst's YouTube video that included the statement "he killed Apollo".
Jobst has denied his video carried those imputations.
Jobst’s video, “The biggest conmen in video game history strike again”, detailed numerous defamation lawsuits filed at the time by Mitchell and another high-profile arcade gamer.
Jobst in the video said Mitchell had sued Smith for $US1 million and forced him to pay a large amount in damages.
“This left (Smith) deeply in debt, which required him to find extra work but with his ongoing health issues this was all too much of a burden and he ultimately took his own life, not that Billy Mitchell would ever care though.”
Mr Somers said Jobst's 2021 video had been viewed by more than 549,000 unique devices during the 14 days it was available in its original form and Australia was among the top locations where it was viewed.
Judge Barlow was shown a video made by Smith about his decision to take his life that did not mention Mitchell or any litigation.
Jobst's legal team has filed a defence that Smith's settlement with Mitchell required him to take down videos and that had an impact on his YouTube revenue.
Mitchell said the King of Kong film was edited for dramatic effect as he reclaimed his Donkey Kong high score against little-known player Steven Wiebe.
"I became the bad guy," Mitchell said.
Mitchell said he had been recognised by strangers every day since the film came out and received more offers of work.
Mitchell said he lost $US65,000 in contracts to appear at gaming conventions and host a vintage pinball machine auction soon after Jobst’s video was posted.
Jobst’s barrister Michael de Waard began cross-examining Mitchell on Monday about the number of events he was invited to after the video.
The trial continues.
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