ESRB, GameStop See No Loophole in Animal Crossing Racial Slur Incident

ESRB, GameStop See No Loophole in Animal Crossing Racial Slur Incident

December 8, 2008

Last week GamePolitics reported on a bizarre incident in which more than a dozen prominent game journalists were sent Animal Crossing: Wild World Nintendo DS cartridges which contained a racial slur.

MTV Multiplayer's Stephen Totilo, who broke the story, reports that he subsequently queried used game seller GameStop and the ESRB as to whether the Animal Crossing incident exposes a flaw in the system whereby embedded user-generated content might exceed the content rating.

Both GameStop and the ESRB view the Animal Crossing episode as an anomaly and deny a larger problem. MTV's Totilo writes:

ESRB spokesperson Eliot Mizrachi, told me... “Just as with online-enabled games that allow features like chat, ESRB ratings cannot anticipate and therefore consider user-generated content in the ratings we assign,” he wrote. “Besides, as you mentioned, saving content to the actual game medium is pretty uncommon in today’s games. Most games are read-only with the saved content being stored on the system and not on the game medium itself.”...

The ESRB may not have much reason to worry that questionable content will make it to consumers because gaming chain GameStop claims to be scrubbing the content from re-sold games. Chris Olivera, spokesman for GameStop, told me in a phone interview that his company has a “proprietary” process that wipes consoles and games clean before they are sold back to consumers...

GP: GameStop and the ESRB make a good case here. It's important to remember that the offending DS cart was not purchased through retail channels, but rather was mailed out by Nintendo's own PR department.

Comments

Re: ESRB, GameStop See No Loophole in Animal Crossing Racial

 How can they possibly hope to rate user content? A game with open ended interfaces can swing from E for everyone to AO for pixelated breasts. No matter what they rate it, they are going to do it and the consumer a disservice.

 What they need is a new rating: User Driven Content -> U

Re: ESRB, GameStop See No Loophole in Animal Crossing Racial

"was not purchased through retail channels, but rather was mailed out by Nintendo's own PR department."

Ya, i bet someones kid that works for nintendo's pr department is grounded for like, a year right now :)

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Re: ESRB, GameStop See No Loophole in Animal Crossing Racial

And despite that quote, there are still people who somehow believe all 14 copies sent from Nintendo magically stumbled across the same user generated content on WiFi....

Wall of Text Simulation- Insert coin to continue.

Re: ESRB, GameStop See No Loophole in Animal Crossing Racial

Well Newgrounds rates hundreds of user generated content every day.

Re: ESRB, GameStop See No Loophole in Animal Crossing Racial

Rates as in, age rating or rating as in how bad is sucks? :P

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Re: ESRB, GameStop See No Loophole in Animal Crossing Racial

Newgrounds doesn't rate it. The submitter rates it and if it is reported as not accurate, Newgrounds will change it or delete it.

E. Zachary Knight
Oklahoma City Chapter of the ECA
MySpace Page: http://www.myspace.com/okceca
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Re: ESRB, GameStop See No Loophole in Animal Crossing Racial

Correct me if I'm wrong, but was Hot Coffee technically user-generated? It was embedded in the original code but it was users who found it and exploited it. It's sort of the same situation here. There was an ability to put racial slurs and other bad language into the game due to gameplay elements and someone just exploited it.

Re: ESRB, GameStop See No Loophole in Animal Crossing Racial

 The Hot Coffee content is T2's fault, not the community who created the mod to open it to the user. The logic, as I see it, is that the material existed regardless of the mod, and was only brought to light by said mod. An analogy would be if you owned an electric razor that blew up if you dropped it in water while running. Its the company who made the razors responsibility to protect John Q. Public from exploding razors.

Re: ESRB, GameStop See No Loophole in Animal Crossing Racial

somewhat poor analogy, chances are the razor would have a generic warning about mixing water with electricity.

岩「…Where do masochists go when they die?」

Re: ESRB, GameStop See No Loophole in Animal Crossing Racial

It is T2s fault but it's still the community to created the mod to exploit it. To my knowledge this game allows you to put names into the game and while it came form the PR department, it mean that you can add your own content to it. Whether or not you add offensive content is your prerogative, just like adding the Hot Coffee mod.

I get that T2 put the Hot Coffee content in and so that would warrant backlash, but to rate the game AO when you need to exploit the content yourself is not far from this situation. It's rated E but anyone can easily turn it into something offensive so by the previous logic the ESRB used, shouldn't that warrant a higher rating?

They were rating game content with Hot Coffee but they still rated something based on what the community did with it.

Re: ESRB, GameStop See No Loophole in Animal Crossing Racial

If I recall correctly, you could access hot coffee on the console versions.

Re: ESRB, GameStop See No Loophole in Animal Crossing Racial

You still had to hack your console and download and install the mod in order to access it.

@Inimical

The difference is that the Hot Coffee animations and game were physically on the retail disk. This user generated content is not physically on the retail disk. The ESRB rates all content on the retail version of the game now whether it is accessible or not out of the box.

That is the difference.

E. Zachary Knight
Oklahoma City Chapter of the ECA
MySpace Page: http://www.myspace.com/okceca
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Re: ESRB, GameStop See No Loophole in Animal Crossing Racial

I don't know.  I still side with T2 over Hot Coffee.  Yes, the content was in there and on the disc.  Lots of companies, when cutting content, often just cut the connection to the content rather than remove it altogether.  After all, you never know what will introduce bugs and what won't.  So T2 took the very common route and simply removed the code which linked to the events.  Problem solved, right?

Unless, of course, someone violates the EULA and backwards engineers the missing code.  Which is exactly what happened.  While it's true the content was provided by T2, in order to access it, you had to break an agreement you clicked "yes" to in order to do so.  What was on the disc is irrelevant if you have to hack your copy to access it.  ESRBs behavior in that particular case holds developers responsible for what hacks can and cannot do (read: Oblivion rerating).  Which begs the ultimate question, if the uncensor hack for Sims actually should change that rating?  Likewise I could remove one texture in my Citizen Kabuto copy and make the lead topless and bammo, that would have gotten the game AO from the time it was released.

Wall of Text Simulation- Insert coin to continue.

Re: ESRB, GameStop See No Loophole in Animal Crossing Racial

What M-rated content in the Sims does your uncensor cheat reveal? When I use it, I see Barbie-doll anatomy (or perhaps more accurately, lack thereof). My seven-year-old niece plays with Barbie dolls.

Maybe T2 got screwed by Hot Coffee, but T2 should not have tried to lie their way out of it from the start. In any case, the only reason Hot Coffee matters now is the precedent it set: If it's on the disc it's up for rating and EULAs don't have anything to do with it.

Good point about teh Sea Reapers in Citizen Kabuto.

Re: ESRB, GameStop See No Loophole in Animal Crossing Racial

Good for the ESRB and Gamestop.

Re: ESRB, GameStop See No Loophole in Animal Crossing Racial

This is why we don't need game ratings.  All they do is cause controversy and hold games back from being presented how the designers want them to be presented.  And if the parents don't like the game they bought it will be their fault for not researching the game before buying it, not the game industry.

--- Official Protector of Videoland!

Re: ESRB, GameStop See No Loophole in Animal Crossing Racial

The ratings don't cause the controversy, the content does.  The ESRB didn't look at the word, "nigga", and decide, "Oh, that's okay for everybody! E it is!"  As for your statement regarding the designer's original vision, I'm pretty sure the makers of Animal Crossing didn't have racial slurs in mind when they were going for that "E" rating.  Finally, it already IS the parent's fault if they buy a game without researching it.  The ESRB can't be expected to anticipate user-generated content, as Mizrachi said.

I swear, no offense, but do you even read the articles before you post?  Or the articles that GP links to?  It's a good strategy to avoid sounding silly.

"There is no sin except stupidity." - Oscar Wilde

Re: ESRB, GameStop See No Loophole in Animal Crossing Racial

I am a signature virus, please copy and paste me into your signature to help me propagate

oh man I wonder what will happen when a little 8 year old comes to his mother and says "mommy whats this word mean?" Thank you nintendo ,child friendly my ass.

Re: ESRB, GameStop See No Loophole in Animal Crossing Racial

This is why you put in a regex based swearing filter in the game. At least make them work to put in the nasty stuff. My AC:WW town's name is Dämnation.

Re: ESRB, GameStop See No Loophole in Animal Crossing Racial

Yes but regex based word filters don't work well enough to be used in such a scenario. There are too many ways around them and too many ways to get a false positive. Do I regex out Dick when used as a name?

E. Zachary Knight
Oklahoma City Chapter of the ECA
MySpace Page: http://www.myspace.com/okceca
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Re: ESRB, GameStop See No Loophole in Animal Crossing Racial

Only if you aren't good at using regexes. You can do pretty much anything with them if you understand the dark magic behind them

Re: ESRB, GameStop See No Loophole in Animal Crossing Racial

Have you looked at the actual expression? It uses alternate versions of letters out the wazoo. That's one hell of a regex.

 

Re: ESRB, GameStop See No Loophole in Animal Crossing Racial

This is really no different than using the initals ASS when you got a high score at these things that were called Arcades.

Re: ESRB, GameStop See No Loophole in Animal Crossing Racial

Though it seems very convienient... it looks as though most people are forgetting that kids learned foul language in a time before video games. I learned it on the school bus... maybe we should see about banning those too.

"Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety" - Benjamin Franklin

Re: ESRB, GameStop See No Loophole in Animal Crossing Racial

Changing catchphrases has been around since the original Animal Crossing. I remember changing one of my town resident's catchphrase to bitch. It was great, he would greet me and say things like " hey, long time no see bitch," or "it's a lovely day isn't it bitch?" Good times... Anyway, I guess the problem is that the DS game saves directly to the cartridge, so if you sell your game to someone else without erasing the memory they may just get offended by having town residents call them bitch or some other bad name. Of course similar actions can be taken in other games, like naming your character in Zelda PH fagballs.   

GamePolitics ShoutBox

Posted 11/07/09 at 04:27pm
ZippyDSMlee: man I got alot of junk and dup files too >< god I need orginization...and no not the knee capping media mafia kind :P
Posted 11/07/09 at 04:26pm
ZippyDSMlee: replaced :P
Posted 11/07/09 at 04:23pm
ZippyDSMlee: beemoh:hey its like 60GB porn,400GB anime 100GB games and crap I have took from all my DVDs, I hate waiting on dvds to install stuff..... oh and 40GB of my porn was in the found.000 folder...mostly corrupted.... least I got names of wut needs to be repa
Posted 11/07/09 at 04:18pm
beemoh: @Zip: ...and you'd have to spend all that time re-downloading that porn?
Posted 11/07/09 at 03:34pm
ZippyDSMlee: ggrrrrr......vista lost one of my hard drives and I had a heart attack thinking I lost 1TB of data....
Posted 11/07/09 at 10:58am
JDKJ: Which could be explained by both (a) and (b).
Posted 11/07/09 at 10:56am
Austin_Lewis: JDKJ: You forgot C) the fact that, for some reason, every time he did something that would suggest he shouldn't be in the military, let alone an officer, higher ups ignored it or let it slide.
Posted 11/07/09 at 10:51am
JDKJ: Part of the problem is, I believe, that (a) the Army had a lot of time and money already invested in him and which they were unwilling to simply write-off and (b) an increasing need for the type of skills and services he provided.
Posted 11/07/09 at 10:48am
JDKJ: And that even if he was begging not to get cut loose, he was apparently a real good candidate for being cut loose, anyway.
Posted 11/07/09 at 10:11am
JDKJ: @chada: And while Kennedy once noted that there's usually more than enough blame for everyone to get a slice, the possibility that the Army was unwilling to cut loose someone who was asking to get cut loose could be a factor.
Posted 11/07/09 at 10:07am
ZippyDSMlee: *noms on his feet*..nomnomnomnom*droooll* ...wuuutttttt uuu looking at?
Posted 11/07/09 at 10:05am
JDKJ: I'm no psychologist, but I'm told that crazy people have a tendency to do crazy things.
Posted 11/07/09 at 10:03am
chadachada321: Whoops, was out of the convo for awhile. I do wonder what type of ammo he used etc, but the real issue is WHY he did it, not HOW
Posted 11/07/09 at 09:56am
JDKJ: But if it turns out that they actually did, they'll have Hell to pay.
Posted 11/07/09 at 09:45am
JDKJ: And I'd tend to rule out the possibilty of FN Herstal supplying restricted ammunition to someone merely because they're ordering it from a military base.
Posted 11/07/09 at 09:37am
JDKJ: I know you don't leave your gated community and get around much in dark alleys, so you may be surprised to learn that there's this thing called "the black market" where, if you've got enough money, ain't too much of anything which can't be bought.
Posted 11/07/09 at 09:36am
Austin_Lewis: Or, maybe he or someone else at the base ordered the SS190 from FN Herstal.
Posted 11/07/09 at 09:32am
Austin_Lewis: the hands of private owners. They run about 300 dollars minimum for a box of 50, and boxes of AP 5.7 are extremely scarce, mainly residing in the hands of Class III stores or individuals who for one reason or another got a demo box of it.
Posted 11/07/09 at 09:30am
Austin_Lewis: There are other firearms that fire the 5.7. However, I too would like to know where he got the ammo and what kind was used. Maybe Hasan, planning not to live through this, went out and bought one the boxes of SS190 that are floating around in
Posted 11/07/09 at 08:44am
JDKJ: And it isn't yet clear what type of ammunition Hasan used. It's strange that he purchased a gun but didn't purchase ammunition for it at the same place and time. Especially because the calibre required is peculiar to the actual gun.
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