Donkey Kong champion 'defamed' over YouTube death video

An American arcade gamer known for high scores in Donkey Kong claims a Queensland YouTuber damaged his reputation by linking him to a critic’s suicide, a judge has heard.

William ‘Billy’ Mitchell, 59, faced Brisbane District Court on Monday for his defamation trial against Brisbane-based video creator Karl Jobst, aged 38.

Judge Ken Barlow heard Mitchell described a video by Jobst about his prior legal cases as “heinous”, and contained false and defamatory statements he could not ignore.

Mitchell rose to fame in the 1980s and ‘90s through recognition of 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 saw the legitimacy of his high scores challenged though allegations he had used non-original arcade cabinets to aid his gaming performance.

Guinness World Records removed many of Mitchell’s highest achievements before reinstating them in 2018 as a result of legal action.

Mitchell’s barrister Peter Somers said the case concerned “not whether my client cheated” but a video Jobst published on May 26, 2021 that in part discussed his client’s previous litigation against another YouTube creator.

Mr Somers said Jobst’s video contained the imputation that Mitchell had demanded a large sum of money from American YouTuber Ben Smith, known online as ‘Apollo Legend’, who had claimed Mitchell cheated to obtain high scores.

Mr Somers said Jobst had implied Mitchell’s prior defamation case was a “significant factor in Mr Smith taking own life” and he had “hounded Mr Smith to death”.

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” and claims Smith’s family should sue for wrongful death.

Jobst has denied his video carried those imputations.

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 the video was viewed.

Judge Barlow was shown a video made by Smith about his decision to take his own life that did not mention Mitchell or any litigation.

Mr Somers said Mitchell’s settlement several months earlier did not require Smith to pay him damages or legal costs.

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 took the stand to give evidence during the first day of the week-long trial wearing a black suit and black shirt with his signature beard and long black hair.

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 had been invited to make paid appearances at gaming events in Australia and interviews with Australian media organisations.

The trial continues.

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