The New York legislature has a fondness for video game legislation, it would seem.
Last year New York became the first state since 2006 to pass a video game bill and have it signed into law by its Governor. The New York video game statute lacks teeth, however, and the video game industry has not opposed it.
As GamePolitics reported earlier this month, Assemblyman Keith L.T. Wright (D) introduced a bill aimed at shielding minors from games containing profanity and racist stereotypes.
In addition, Assemblyman Brian Kolb (R) has submitted A2837, which seeks to block minors from any game that "glamorizes... the commission of a violent crime, suicide, sodomy, rape, incest, bestiality, or sado-masochism..."
Kolb's bill also requires warning labels on such games; violators would be subject to both civil and criminal penalties. Fines of $1,000 are spelled out in the bill.
But Kolb isn't finished - not by a long shot. Retailers would be required to keep such games either in an area "inaccessible by the general public" or "in a sealed and locked container."
Retailers would also be mandated to make copies of the offending games available for examination by parents.
A similar measure proposed by Kolb in 2007 failed to move out of committee.
GP: While Assemblyman Kolb no doubt has good intentions, his legislation clearly has constitutional issues. For example, deciding whether a game "glamorizes" any of the activities enumerated by Kolb would seem to be a highly subjective endeavor.
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As much as this bill has promise, the fact of it's subjectiveness will be it's downfall.
how exactly do you confirm if a game "glamourizes" violence or murder?
Obviously there would have to be a comittee, but WAIT. We have the ESRB. And that means you can't give it the force of law since it's a voluntary system!
Silly politician, games are for kids!
Not all games are for kids. Many games nowadays are for adults 18+, but still get the "Games are for kids" treatment and that's why the industry is constantly under fire. That and because parents don't want to be parents and watch what their kids play.
Actually, thinking about it, that's another reason this legislation is a piece of crap.
Let me say this about your increasing responsibility on parents : How effective is your v-chip?
It would have taken me, at age 14 (6 years ago), 30 seconds to scoot around any net monitoring program to get a live linux CD, another 2 inutes to boot into bittorrent, then 3 hours to have any game I wanted pirated.
It is outright IMPOSSIBLE to screen 100% of a child's media intake these days, especially if there are multiple children. I tend to agree with increasing parental responsibility, but if both parents are working 60 hour workweeks, then they aren't just neglecting their child and being 'lazy'.
It is, however, reasonable to expect parents to breeze through their child's game collection occasionally. Seeing as how some M games aren't that bad, and some are REALLY bad, it's about as effective as if they were just not rated at all.
Let me put it this way. Pretend your a parent with no knowledge of this stuff. YOu hear "Oh, wal mart's not selling mature games to underage people" so you assume you can send your kid off to wal mart to get a just fine because we have a supposedly good rating system and wal mart enforces it. If he's an older looking guy (I've been offered drinks in restaurants since I was 15), he'll not be IDed and get the game just fine.
It's the same dilemna with places like cartoon network, and the v-chip. In the morning you have baby looney toons (Kid shit), then around noon tom and jerry, then the after school stuff. Fast forward to midnight and on the same network that shows baby bugs bunny you'll see a man getting his skin ripped off and bleeding all over the place. (Try finding THAT in a video game.) "Safe" places aren't really 'safe'.
Most of the 'enforcement' of ratings involves extensive parental involvement to verify they're working when the way the ratings are advertised is as simple as plugging in a toaster and hitting the button down.
It is Unconstutional, Next person please
Is this guy destined to be the next JT???
One is too much.
treating videos game,s little palstic discs and cartridges as hazaradous materials, which they are not.
All this anti-culture legislation is a direct example of why a centralized government is innapropriate.
People are much more psychologically well adjusted when allowed to influence the policy that affects them directly. Centralized governance breeds irrationality, and tends to end up promoting war and economic exploitation.
I'd rather see people freely fighting in games, than fighting in real life, over ideology or resources.
Its a state gov though...
Prediction: This goes nowhere.
Are there any retail games that even CONTAIN sodomy, rape, incest, bestiality, or sado-masochism? Or any that come close to glamorizing suicide? (Many games contain, but with it usually committed by a desparate or doomed character - hardly glamorous.) It's not just a bad solution, but also a solution in need of a problem.
Wasn't there a Persona game that required you to shoot yourself in the head?
Sort of; In Persona 3 (I've not played 4 yet, but I am guessing this is true for it as well) the characters have pistol-like devices called evokers that, when fired at the persona user's head, allow them to summon their persona for special attacks. The summoning animations do make it look like the characters are shooting themselves in the heads, but since using the evoker is not fatal, it really couldn't be called suicide.
At one point in the game itself, a character (Junpei or Yukari, I beleive) even asks why the evokers have to look like guns, and early in the game Yukari seems hesitant to use hers, possibly because of the resemblance to a handgun.
--
http://mallvillestory.blogspot.com
Nah, 4 doesn't have that system. They just summon a card that they then crush or destroy in some way to summon their persona.
But yeah, the evoker was simply shaped like a gun, it didn't actually fire any bullets. After all, if it did why the hell would they run around with swords to fight the shadows? I don't think they ever adequately explained why they look like guns in the story, so Im gonna say it was just there for some shock value. It was certainly neat. Lol, each character had a different way of doing it too. Some did the typical temple shot, wheres other put it under there chin, and I think another put it to their forehead.
But yeah, can't imagine that as glorifying suicide, as it technically isn't.
Well, in game, it was explained that the evokers don't fire, but the act of pulling the trigger on their heads was to place stress on themselves to cause their latent powers to come alive. In this case, to trigger their personas.
------------------------------------------------------------------------
Oooh! You mean there are people around with the mythical "Common Sense"?
off the top of my head, i know that the game "the darkness" (i liked it. don't judge me) had the main character killing himself, although i think that falls under the purview of "desperate and doomed" character, so it isn't glamorizing.
then there is fable 2, which, if you are a guy character, and marry another guy character, IMPLIES sodomy, i guess, but that is hardly glamorzing. besides, what's this guy got against the gays?
It is not murder; I am merely advancing the hands of the clock, just a bit.
He's a Republican, What do you think he has against gays?
There have always been motherf*ckers, there will always be motherf*ckers, but what we can't do is let them control our motherf*cking lives. -John Oliver, December 1st, 2008
I loved that bit.
"CANNOT. MUST NOT!"
The infestation of FMV-based games in the 90s were actually a bigger asset for graphic material than the polygonal games of today. The acting in those games was cheesy, but since it did portray real humans on video, it made some darker topics more of a shock factor.
GameSnooper
Obviously you haven't played "Michael Vick's Kennel Champion" yet. ;D
---
The Mammon Industry
America where video games are treated like toxic radioactive waste and wanted to be kept away from the public by politicions.
It will be shot down. Again.
Tax dollars will be wasted. Again.
M. Carusi
Capitol Gaming
http://capitolgaming.blogspot.com
What a boob.
Labels already exist. They are the ESRB labels.
Parents already have resources to learn about games. They are the product package, the product's website, ESRB website, consumer websites, and a variety of game websites.
Copies are also available for rent in many places.
Also, one might call this an attempt to sabotage retailers and manufacturers by denying the "general public" access to the material. Wait... didn't he WANT Parents to have access to resources about the material, which includes the product container itself? Doofus!
Should I scream ADA violations for wanting to make it more difficult for me to have reasonable access to the products by the government stating that it cannot be where -I-, a nearsighted, legally blind individual can see it? It's bad enough the retailers do it, but the government now wants to legislate discriminatory practices?
Whatsamatta sparky? Afraid if you REALLY want such legislation to make sense and have it cover ALL media that some of YOUR media favorites may be considered inappropriate for children? As always, they are afraid to hold other media to the same standard because some of the media THEY like is offensive and could feel the chilling effect as well.
Nightwng2000
NW2K Software
Nightwng2000 has also updated his MySpace page: http://www.myspace.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl
That and most retailers either keep their games in a glass fronted and locked case (Wal-mart,Target etc...)or display empty cases on the shelf with the disks under the counter (Gamestop)to prevent shoplifting.
Hunting the shadows of the troubled dreams.
And I needn't say just how many times I've bopped my head on those damn things because I have squat in the way of depth perception. And STILL can't see squat as to what I need to know, mostly price. >:(
Nightwng2000
NW2K Software
Nightwng2000 has also updated his MySpace page: http://www.myspace.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl
According to his bio page, he was involved with the Heartland Institute, which seems to be opposed to anti-smoker laws (they also have crazy ideas about global warming).
Seems odd to be against smoking laws but for legislating games.
Did you forget your crazy pills?
There's more evidence that video games cause violence than smoking causes cancer!!!! IT was said by a lawyer, so it must be true. O.O
I doubt the video game Law is going anywhere(It is going to end up being stuck in commitee)
Not to mention that he is opposed to smoking laws, which smells like HYPOCRYTE ALERT(x2)
Gotta love (and by love I mean hate) double standards. I'm always carded for M rated games (even though I'm obviously old enough) but I can buy an R rated movie or explicit music with no questions asked. I'm ok with having to show ID, just don't single out games.
And like locking them away as if they were hazerdous material is really gonna do anything. The industry and retailers have already done all that can be reasonably done. All the protection in the world doesn't matter if parents aren't educated about games and watch what their children play.
How nice of him to include activities between concenting adults in his list of horrible things that little Jimmy shouldn't be corrupted by.
*grrrr*
I'm surpised he didn't include 'homosexualty, non-christian religions, global warming, evolution, or tofu' in his bill.
While i am also surprised, keep in mind that he mentioned sodomy,which is Republican speaks for homosexuality, so that's one from your list.
There have always been motherf*ckers, there will always be motherf*ckers, but what we can't do is let them control our motherf*cking lives. -John Oliver, December 1st, 2008
So it'll be like shopping at toys r us for videogames eh? They have to bee hidden behind the counter?
What idiocy. Meanwhile, you can find porn at suncoast on the racks behind opaque sheets of plastic ooooh.
This is why the ECA should have challenged the 'no teeth' bill. Give them an inch and they'll try to take a mile. Granted, politicians with maddening agendas will always toss up legislation that is unconstitutional, at least a legal precedence in New York would have been something to challenge this latest round of garbage with. We have national examples, but nothing says to the taxpayers "look at this guy" while we're having an economic crisis and the government forks over a few hundred thousand dollars in legal fees pulled right from, if you take a note from Illinois, the welfare, child care, and housing funds.
To be persuasive we must be believable; to be believable we must be credible; credible we must be truthful. Edward R. Murrow
So this bill:
-Is unconstitutional because of the 1st Amendment
-Is redundant because of the ESRB
-Singles out video games while ignoring movies, television, and other media
Yeah, threes strikes and it needs to be scrapped.
I think placing New York's Strauss Zelnick, the Chairman of Take-Two, the makers of GTA, in a locked, sealed container called a jail cell, would actually be cheaper and more effective.
Let's accomplish that by next Tuesday, shall we?
Nah, he's too busy dealing with a crazy Ex-lawyer
.
"Video Games Rule, Jack Thompson Drools"
And with that one post, you've proved who you are.
Jack Thompson's video game bill is picking up steam in Utah and will probably be passed.
Then promptly ruled unconstitutional like his previous law. Really with this man's failure record no one is really worried.
-Ultimately what will do in mankind is a person's fear of their own freedom-
Got a link?
Andrew Eisen
Hi, Jack! How is unemployment treating you? ^^
The cynical side of videogames (spanish only): http://thelostlevel.blogspot.com/ My DeviantArt Page (aka DeviantCensorship): http://www.darkknightstrikes.deviantart.com/
Don't change the subject, Jack. This article isn't about you or 'your' bill.
And you know, you should probably pay attention to your current job. You haven't posted there in over a month.
nah, it's just full of hot air
岩「…Where do masochists go when they die?」
I think that is called hot air, not steam.
We all know it is you Jack(ass) Thompson.
Stop trying to hide behind the name of saulytarsus.
Also your videogame legislation is going to be knocked down again and again with your rantings and hatred of the Videogame Industry.
It's kind of hard for something to "pick up steam" when no one in the Utah legislature has yet to even file the bill, let alone introduce it.
Oh, and news flash: If Jacky Boy wants the unconstitutional piece of garbage passed so it can be summarily rejected as unconstitutional, the bill has to be filed and passed by session's end on March 12th(and they started just this past Monday, so the worthless turd only has 6 weeks left).
Geaux Saints, Geaux Tigers, Geaux Hornets, Jack Thompson can geaux chase a chupacabra.
I don't consider the nanny-state deciding what Free Speech media anybody whether it be minors or adults can or can't have access to to be in any way a form of good intentions. Such restrictions are dangerous and a form of indirect state mind and thought control. As for the issue or suitablity or appropriateness, well those issues are solely in the hands of individual parents to decide and enforce, not the state.
"No law means no law" - Supreme Court Justice Hugo Black on the First Amendment
Then why do we have libel and obscenity laws declared constitutional by the US Supreme Court? Hugo Black lost that argument, as you know.
Because Libel and Obscenity laws are designed for things that are (a) designed to harm people in the case of Libel, something Jack Thompson should be very familiar with and (b) capable of causing immediate impact on the person viewing it in the case of Pornography.
With a Video Game, you have to install the game to view the content, you have to buy it, and take it home, much as in the case of 'R' rated videos, however, in the case of displaying Pornography or Obscene content openly, the content is instantly accesible simply by opening the magazine, which makes it too accessible to people who should not be viewing it, as with the covers of many restricted Videos.
I'm sure in the case of AO rated games, that an 'under the counter' approach, or specialist shops, may be more appropriate, as it is with Adult movies and Magazines, however, to apply that to Mature rated games is a deliberate attempt to move them into the same realm as those kinds of products, which they most certainly are not any more than something like Rambo is the same as 'Debbie Does Dallas.' or the pornography that Mr. Thompson included in his filing to the Supreme courts.
This is just bogus.
Reminds me of a joke told by Hedburg, about questions on an application: "Have you ever tried PCP or sugar?" Wait a second, I have not tried PCP, but I had sugar on my cereal just this morning.
They are putting rape, sodomy and beasty on the bill just to lump it together with "violent crime". If EVERY movie that "glorified" violent crime was required to be rated R and locked up, then I wouldn't mind so much. As it is, R rated movies are kept in nice, low, child friendly racks in the middle of the videogame department at WalMart. And a lot of PG and PG-13 movies would count as glorifying violent crime.
In the end, the law will be struck down for numerous problems. The biggest problem I have with it is that it wants to treat videogames and movies so differently. It really seems that a lot of these people are so disconnected with the real world that really think video games are porn.
And books. I can think of one that glorifies violence that would be included in their definition.
I wasn't aware that bestiality ran rampant enough in games to merrit a warning... or at all for that matter.
"Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety" - Benjamin Franklin
Clearly you haven't played Fable II. He really loves that dog.
This proposal is fully constitutional. Restricting physical access by minors to adult products has been deemed constitutional for about 220 years now. If the industry doesn want sequestration of adult materials, then it can unilaterally take its ESRB age ratings off the product. It's a voluntary system, and the ESRB is the entity that put the games into this little corner.
Sorry, but you're wrong on that one. Video games are speech and you cannot restrict speech to anyone based on its content (barring obscenity), not even minors.
Andrew Eisen
GameStop already sequesters certain games behind the counter. Are you posters here serious in not knowing THAT?
If by "certain games" you mean new games then yeah, we knew that. Gamestop doesn't keep games locked up based on content.
And as has been mentioned by a few posters already, several retailers do the "behind the glass case" thing but the reason is mainly loss prevention.
Andrew Eisen
Wrong again. GameStop sequesters some games because of their extreme content. What this legislator is proposing is simply a point-of-sale safeguard, not a restriction on speech. You go into an adult book store, and certain items are sequestered. Same thing. This legislative approach is as old as the original Thirteen Colonies, and the courts love it.
Again, you're confusing law with store policy.
Also, obscenity is not protected speech so your comparison doesn't work.
Andrew Eisen
As an employee of GS, I'll call bullshit on your statement. All of the items we store behind the counter or in the back room are either discs for which the case is on the floor, stuff that's too big to keep on display, or redundant copies. Not one item stored behind the counter doesn't have an empty shell on the floor.
Fail comment is fail.
I also worked at EB Games for 4 years, and not once did we keep anything out of the public's eyes.
You've been in an adult book store? Forshame...
I don't shop at Gamestop, but there is a difference between store policies and government laws. To use an extreme example, if a store wanted to, it could decide to never sell any M or T rated games, period. That would be well within it's rights, if a bit stupid of a decision to make.
But if a government law tried to make it illegal to sell M or T rated games, that would another thing entirely.
They are not refusing to sell. They are isolating what is sold and only selling it, a Mature game, to someone over 17. The ESRB ERC signators, which include Wal-Mart, Target, GameStop, and others all have agreed in writing not to sell Mature games to anyone under 17. Bingo. The state can then say: Make sure you do what you are promising in that regard, and they can sequester the age-ranked products. Pretty simple, really, and constititional. My Cardinals (I live in Phoenix) will win by 14 points Sunday.
I was just using selling to give an extreme example to show the difference between store policy and law.
Movie Theatres have also agreed to not let under 17's watch movies rated over their age, and they do so, though not as effectively, I might add, as Video Games are refused to be sold to underage players.
Would you have 'Government Enforcers' standing in Movie Theatres to make sure that never, ever happens?
At one point or another, personal responsibility, and parental responsibility must play a part, you start handing that sort of power over to legislation, and it will not end at Video Games, remember, there are parts of the Bible that are strictly 'Over-18's only', would you have that censored as well, kept in special glass boxes under the counter and only sold to people of 'appropriate age'?
That last sentence of your post, by the way, seemed oddly unrelated to the rest of the post, why did you include it, I wonder? Why did you feel the urge to point out that you live in Phoenix, I have a hunch that it is because you live in Florida.
"The ESRB ERC signators, which include Wal-Mart, Target, GameStop, and others all have agreed in writing not to sell Mature games to anyone under 17."
Proof?
First off, GS makes it a terminatable offense to sell games to anyone under 17. This is done internally with GS' own secret shoppers. They have done so without any government law nor enforcement body. In this, enforcing policies voluntarily without government intervention means less taxpayer dollars thrown at a frivolous committee, less government oversight, and less bullshit. People can get on with their lives.
Obvious efficiency is efficient. And you're not.
http://treasurebin.blogspot.com Game reviews from the bottom of the bargain bin
I'm not Jacky Boy. I'm actually a lawyer!
More living in denial, Jacky?
Why does the phrase 'I know him not' come to mind?
It's an interesting day when someone denies knowing themself.
I suppose that would be 'I know me not', which doesn't speak well of you, but it is, possibly, the most accurate thing you have ever said, I don't think you've ever truly stood back and looked at who, and what, you are.
Wrong, Andrew. R-rated movies are restricted to consumers over 17. Been to a Blockbuster lately? You think that a movie is not speech but a video game is?
Use the reply button please.
And you're confusing law with store policy.
Andrew Eisen
Yep. Not to mention, ironically, it's easier for undeage teens to buy an R rated movie than it is for them to buy an M rated game. Not sure if the FTC checked out rentals much though.
I'm not the least bit confused. I'll get you a similar sequestration law in a sec.
As far as I know, such laws do not exist. In the US at least. But let's see your link then.
See the Texas Code provision below. More than 40 states have such a shield and sequestration display law.
Answer me, Andrew: You think a video game is speech but a movie is not?
Both movies and games are speech.
And I just called Gamestop. They do not sequester games behind the counter or in a glass case based on the game's content.
Andrew Eisen
They sure do. Sorry, Andrew. You probably called GameSpit.
I'm sure it's tough being wrong but that's no excuse for being immature.
Andrew Eisen
I'm not wrong. You're wrong. They sequester them in the Arizona store I go to.
Okay, which store?
Andrew Eisen
BUSTED!!
...really, sir? Do you think that was clever? Well, it would have been if you were ten years old. You're almost sixty. Shameful...
Answer me, Andrew: You think a game is speech but a movie is not? Movies are restricted in sales and rentals to kids under 17 by law.
He already answered you. He thinks movies are speech.
And you are wrong. R rated movies are NOT restricted by law. And the enforcement of the video game ratings (which is voluntary, like movies) is actually better than the movie ratings.
Better how?
By better, I mean they have a higher enforcement success rate. The FTC does studies every now and then, where they check on how well people are enforcing the ratings. The video games are enforced better, ie the underage shoppers in the study were less successful in purchasing M rated games then they were R rated movies.
1.They are more descriptive.
2.The rating is very big and clear on the box(unlike most ratings on DVD's and Theater releases).
3.It looks better than other rating labels.
"Video Games Rule, Jack Thompson Drools"
Again, they are both speech.
And no, movie sales are not restricted to minors by law.
Andrew Eisen
Wrong again Andrew. here's a state code provision that penalizes admission of a minor into a movie:
1847.013 Exposing minors to harmful motion pictures, exhibitions, shows, presentations, or representations.--
(1) "KNOWINGLY" DEFINED.--As used in this section "knowingly" means having general knowledge of, reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:
(a) The character and content of any motion picture described herein which is reasonably susceptible of examination by the defendant, or the character of any exhibition, presentation, representation, or show described herein, other than a motion picture show, which is reasonably susceptible of being ascertained by the defendant; and
(b) The age of the minor.
(2) MINOR'S AGE.--A person's ignorance of a minor's age, a minor's misrepresentation of his or her age, a bona fide belief of a minor's age, or a minor's consent may not be raised as a defense in a prosecution for a violation of this section.
(3) OFFENSES AND PENALTIES.--
(a) A person may not knowingly exhibit for a monetary consideration to a minor or knowingly sell or rent a videotape of a motion picture to a minor or knowingly sell to a minor an admission ticket or pass or knowingly admit a minor for a monetary consideration to premises whereon there is exhibited a motion picture, exhibition, show, representation, or other presentation which, in whole or in part, depicts nudity, sexual conduct, sexual excitement, sexual battery, bestiality, or sadomasochistic abuse and which is harmful to minors.
(b) A person may not knowingly rent or sell, or loan to a minor for monetary consideration, a videocassette or a videotape of a motion picture, or similar presentation, which, in whole or in part, depicts nudity, sexual conduct, sexual excitement, sexual battery, bestiality, or sadomasochistic abuse and which is harmful to minors.
(c) The provisions of paragraph (a) do not apply to a minor when the minor is accompanied by his or her parents or either of them.
(d) A minor may not falsely represent to the owner of any premises mentioned in paragraph (a), or to the owner's agent, or to any person mentioned in paragraph (b), that the minor is 17 years of age or older, with the intent to procure the minor's admission to such premises, or the minor's purchase or rental of a videotape, for a monetary consideration.
(e) A person may not knowingly make a false representation to the owner of any premises mentioned in paragraph (a), or to the owner's agent, or to any person mentioned in paragraph (b), that he or she is the parent of any minor or that any minor is 17 years of age or older, with intent to procure the minor's admission to the premises or to aid the minor in procuring admission thereto, or to aid or enable the minor's purchase or rental of a videotape, for a monetary consideration.
Again, that's obscenity.
Andrew Eisen
I can't verify whether are not that's actually part of the state law at the moment, but I noticed something. Every paragraph I read had a "and is harmful to minors" part of it.
"Harmful to minors" is in other words "obscenity." So the entire law is redundant and pointless, as far as I can tell. I forgot, but there are some laws like this, one of which I think actually specifically mentions video games, if I remember correctly.
But there are totally different. Obscenity is already illegal, so basically, this laws says, "don't let a minor into a movie that it is currently against the law for them to see. If you do, it's against the law." A pointless law that means nothing.
Florida statutes chapter 847 is Obscenity.
Andrew Eisen
You know, that law is really, really absurd now that I think about it more. Especially since it mentions parental consent, but as far as I know material that is "harmful to minors", aka "obscene to minors", can't be shown to them regardless of parental consent. Or am I completely wrong about that? Assuming for the moment that I'm not...
So basically, that law says that "if a movie/etc fits a certain criteria and is also harmful to minors, it can't be shown to minors unless there is parental consent." If anything, that law could be construed as a loosening on obscenity restrictions because it at least somewhat implies that it's ok for minors to see porn as long as they have parental consent.
That law is like a law that says "if a beverege has a certain pecentage of sugar, and is also alcoholic, then a minor can't buy it, unless he has parental consent."
Honestly, what in the world is the point of that law?
That law is like a law that says "if a beverege has a certain pecentage of sugar, and is also alcoholic, then a minor can't buy it, unless he has parental consent."
It might be a state thing, but that's actually a law in (at least) Ohio and Pennsylvania. A parent or legal guardian can purchase and provide alcohol for their charges, even while in a public place, provided the minor in question does not become 'visibly intoxicated'.
Hey Jack, seriously, HOW HAVE YOU BEEN?
Answer that...
The cynical side of videogames (spanish only): http://thelostlevel.blogspot.com/ My DeviantArt Page (aka DeviantCensorship): http://www.darkknightstrikes.deviantart.com/
Maybe it would be a good idea, Andrew, to check laws before you start telling everyone here they don't exist. See immediate above state statute.
Maybe you should read the law closely before you say they do exist.
Ok,they're both speech. So how can a state restrict the "speech" in a movie to age groups but not "speech" in games? Just because the ESA (see Dennis' earlier article) throws $4.2 million around?
Simple. It doesn't.
Andrew Eisen
It doesn't. Let me repeat myself: there are no laws restricting movie content to certain age groups specifically.
There are laws regarding "obscenity". These laws could apply to any work, be it movies or games, and are generally pretty limited. No M rated game or R rated movie would ever be considered obscene.
It doesn't Jack, as you well know, both use voluntary systems.
You just lost. The state has not restricted movies by age groups. MPAA = No force of law.
-Ultimately what will do in mankind is a person's fear of their own freedom-
This is from the Texas Code. Note that it contains a shield and sequestration provision, underlined. Same thing they want to do in New York. Constitutional, sorry guys:
Sec.
A43.24.AASALE, DISTRIBUTION, OR DISPLAY OF HARMFULA (a)AAFor purposes of this section:AA"Minor" means an individual younger than 18 years.AA"Harmful material" means material whose dominantAAappeals to the prurient interest of a minor,AAis patently offensive to prevailingAAis utterly without redeeming social value forAAA person commits an offense if, knowing that theAAand knowing the person is a minor, he sells,AAhe displays harmful material and is reckless about
MATERIAL TO MINOR.
(1)
(2)
theme taken as a whole:
6
(A)
in sex, nudity, or excretion;
(B)
standards in the adult community as a whole with respect to what is
suitable for minors; and
(C)
minors.
(b)
material is harmful:
(1)
distributes, exhibits, or possesses for sale, distribution, or
exhibition to a minor harmful material;
(2)
whether a minor is present who will be offended or alarmed by the
display;
That's obscenity. M rated video games and R rated movies don't count as obscenity. And all attempts to equate them have failed so far.
That's for materials harmful to minors. Video games are not.
Andrew Eisen
That post's win level... IS OVER 9,000!!! (Sorry, I just couldn't resist...
)
"Video Games Rule, Jack Thompson Drools"
Not harmful to minors? Then why does the industry label them as inappropriate for someone under 17? Because they're too heavy and they might give themselves a hernia if they pick up a copy of GTA IV?
Come on, Andrew. Frank Zappa warned the music industry 20 years ago that age rating products was a trap and that it would rue the day it put PMRC stickers, voluntarily on its products.
The ESRB has created that same trap for video games. If you age rate and restrict a product you are actually admitting, by the rating and labeling and age checking that it is verboten for someone under 17. Otherwise, why rate it?
It would have been far, far smarter for the industry to dig in its heels and refuse to age rate, and then it would not now be the trap it is in. Obama is going to spring that trap and various states are as well in the next few months. Just watch. Dumb ESRB, very dumb.
"Then why does the industry label them as inappropriate for someone under 17?"
It doesn't.
You don't seem to understand the ESRB ratings and what they're actually for.
From the ESRB:
"The Entertainment Software Rating Board (ESRB) ratings are designed to provide concise and impartial information about the content in computer and video games so consumers, especially parents, can make an informed purchase decision. ESRB ratings have two equal parts: rating symbols suggest age appropriateness for the game and content descriptors indicate elements in a game that may have triggered a particular rating and/or may be of interest or concern."
Andrew Eisen
You're wrong. You're making the same flawd arguments that Jack Thompson makes.
The ESRB ratings do not say that a video game is harmful to minors. An M rating does not mean that a video game is obscene.
All the ratings are, are suggestions. The ESRB basically says, "we think that many parents won't want kids under 17 to see this." The ESRB's opinions are, legally speaking, no different than those of a random person off the street. Legally speaking, if the government found some random drunk on the street, told him to slap some ratings on a couple video game boxes, and then said that is was going to enforce those decisions by law, it would be no different than enforcing the ESRB ratings.
Games hasn´t been tagged as harmful by any real goverment institution, except for dumb-watchdogs groups and conservative-religious groups and stupid people as you... and there are not enough videogames with sex, nude, homosexuality, racism or even bestiality to start.
Stop trolling, Jack. You look like a dumb.
The cynical side of videogames (spanish only): http://thelostlevel.blogspot.com/ My DeviantArt Page (aka DeviantCensorship): http://www.darkknightstrikes.deviantart.com/
You seem to be missing the fact that the MPAA has been age rating movies for around eighty or so years. And all of this without any force of law. Now I know you have a hard time wrapping your brain around "informative ratings" as opposed to them being a manner of increased governmental control in our lives. But that would be due to completely ignoring the standard set by the movie industry.
-Ultimately what will do in mankind is a person's fear of their own freedom-
Try reading that JT.
"Harmful material" means material whose dominantAAappeals to the prurient interest of a minor
And for the benefit of Jacko who I severly doubt knows the meaning of the word prurient.
Aka, the material has to provoke feelings of lust. How does he like those apples I wonder?
IMO, locking the games I'd likely buy away is just a pain in my ass. And it's unconstitutional.
On what basis is it "unconstitutonal," Hitodama? Please cite a case.
And all the adult customer has to do is present his age ID and then peruse the materials. Very simple. That solves the adult access to adult materials problem. Next question, please.
Wrong again, Saulytarsus. As Justice Thurgood Marshall stated in striking down a federal ban on mailing unsolicited advertisements for contraceptives, “The level of discourse reaching a mailbox simply cannot be limited to that which would be suitable for a sandbox.” Bolger v. Youngs Drug Products Corp, 463 U.S. 60 (1983).
Likewise, as the Arkansas case demonstrates, one cannot require retail shelves to only carry material suitable for the youngest ages. That would place on impermissible burden on the adult who wishes to access the material.
Next question? Okay then. Why should the video game industry have its ratings have any sort of legal weight whatsoever when the MPAA and movie industry have had a voluntary system with no force of law for some 80+ years? Why should one industry be singled out from the rest? Oh yeah, I forgot. Its the current scapegoat.
-Ultimately what will do in mankind is a person's fear of their own freedom-
Why? You've always ignored cites before when I've thrown them at you by the bushelfull.
Read above. And still, Why should I have to show my ID before I've even shopped? Your incessant rambling bores me.
Thank you, RabidChinaGirl. It takes a female to see through all this "everything is unconstitutional" nonsense. First of all, you are correct, a number of game retailers already sequester their "M" games.
As to working with parents, that is being done. What the retailers, many of them, are still doing is selling M games to kids with no parent in sight. If a parent is educated but not there, how is the parent part of the sale? That's the problem. The sequestering of the product makes the age enforcement more likley. This legislator dude is not restricting sales. he's facilitating sales of mature games to mature buyers--someone 17 and over.
"This legislator dude is not restricting sales."
Yes, he is.
"AN ACT to amend the general business law, in relation to prohibiting the sale or rental of certain video games, which are pornographic or promote violence or illegal drug use, to minors..."
Andrew Eisen
Nope, he's restricting physical access by the class of people that the industry itself says should not buy them to the product. Are you saying, Andrew, and this is what it comes down to, that a 12-year-old should be able to buy GTA IV without a parent in sight? Please answer.
A 12-year-old has the right to buy GTA.
The retailer has the right to refuse the sale.
The parents have the right to tell the child no.
The gov't cannot make a law denying a 12-year-old access to protected speech.
Andrew Eisen
I know you asked Andrew this, but I'll answer.
YES!
Now, this may sound odd, but I think that a 12 year old should be able to buy GTA... legally speaking. I think any store that did so purposely would deserve the bad PR it got as a result, and the loss of sales it would certainly suffer from boycotts, etc.
But I do not think the government should get involved in this. In my mind, obscenity laws already can be abused in unfortunate cases at times. I don't think we should expand the government's powers in that area at all.
Since GTA is not considered obscene under current laws, then there should be no laws prohibiting its sale in any way. Period. That's my view at least.
On a side note, try to be patient. People can't be expected to always answer you in mere seconds, oftentimes we might be busy and you may not get any replies for hours even.
Was Frank Zappa right about age ratings being a Trojan Horse or not, Andrew?
I'm unaware of any issue the music industry has had with content labels but I don't follow that industry and am unfamiliar with Frank Zappa.
Having said that, if he said an industry would rue the day it implemented a voluntary rating system then so far he's wrong as far as the video game industry is concerned.
Andrew Eisen
Hmmmm Jack's favourite artist according to him....
Frank Zappa was also one of the main supporters of refusing to censor media. To quote him...
'I do believe that a Buzz-saw between someone's legs on an album cover is a pretty good indiciation that it's not for little Johnny'.
Forgot to add, he said that a rating system for music would be a trojan horse, because of the lack of anything other than ideas to work with, there's no imagery.
It should also be noticed in the same testimony that it was generally accepted that a voluntary system was the best way of approaching any kind of rating system...
http://uk.youtube.com/watch?v=YZW3TazHW3E
Have you seen one of David Alan Coe's albums? Just listing the titles here would probably get someone banned.
Sorry Jack, your vigilante sample sizes of 1 don't prove a damn thing. You yourself said that about every other person you talk to on this site. Math doesn't hold its tongue for you or anyone else.
And once the parent finds out that the child bought said game they have every right to take it away from them. All you are promoting is a crutch for lazy parents.
-Ultimately what will do in mankind is a person's fear of their own freedom-
**Quote: saulytarsus** Thank you, RabidChinaGirl. It takes a female to see through all this "everything is unconstitutional" nonsense. First of all, you are correct, a number of game retailers already sequester their "M" games. ****
Did you even read what she wrote? She's clearly referring to the transparent display cases we've been discussing all along -- you know, the anti theft measures that still allow minors, and everyone else, to look at the game cases.
And I find commenting on gender uncalled for. I'm a woman too, and I think this law is as unconstitutional as hell. Must be lacking in feminine simplicity, huh?
"What the retailers, many of them, are still doing is selling M games to kids with no parent in sight."
http://www.ftc.gov/opa/2008/05/secretshop.shtm It's easier to buy an R-Rated movie than an M-rated game. How do you explain that?
Fail comment is fail.
http://treasurebin.blogspot.com Game reviews from the bottom of the bargain bin
But, in your travels and observations, watch closely WHAT is put in cases.
Are ALL video games, no matter what the rating, put in the cases or only those of certain ratings?
It's an individual (or company's) store policy which can vary from store to store. Even franchise stores may have seperate policies based on the state they are in.
Wilmington, NC, for example:
WalMart sells DVDs of both movies and TV shows.
They are all on regular shelves.
But, occassionally, you'll find special security wiring around, most often, new releases and compilations. There is, however, no policy on the sale of rated material, even Uncut items.
Computer games are also sold on the shelves, in the open, like the DVDs.
Video games, however, are ALL in cases. No matter what their rating.
But they don't do NC-17 or videos. OR unrated "adult" videos, such as Playboy Calendar or the kind of thing you'd see on Cinemax late night.
The EB Games/Gamestop here obviously specialize in video/computer games and all their games, no matter what the rating, are on the public shelves. They have the checkout cases and the cases behind the checkout, but they contain specialty items and collector's items.
Of course,t hey don't sell AO rated material either.
Then, we have teh DVD/video specialty stores like SunCoast. They sell all their videos/DVDs on shelves. AND they sell the NC-17 videos, like Playboy calendar and the Cinemax late night movies, and they are also on the shelves, with opaque seperators sitting in front of them but still accessible.
Each person has their own experience with various companies and various policies and laws.
The fact is, I've always said I don't need any individual, organization or government entity dictating to me what is or is not appropriate for myself or my child.
The rating systems aren't dictating to me. They are informing me of what specific products contain.
The store's aren't dictating to me what is or is not appropriate for myself or my child. They are setting policies to respect the desires of the Parents who may feel that some product is not appropriate for their child.
But the purpose of the legislatures is to open doors to make anything any one individual or organization deems "inappropriate" become the rule for everyone else to follow, even if they don't share the same beliefs.
After all, I find a great deal that specific relgiions expose children to to be bigotted, dishonorable, unethical, obscene, and potentially "harmful to minors" (not only to those being taught but to their future victims as well) as well as inappropriate for children.
While the Constitution states that no law can be made to respect one religion over another (thereby deeming one religious sect more "appropriate" and less harmful than another), one could argue that in an effort to "protect the children" from "harmful and obscene material", legislation should be drafted to "protect the children" from ALL religious teachings and potential "harm".
It all sounds well meaning until those same folks who are "well meaning" restrict EVERYTHING, from media products to even average speech, to "protect the children" from "harmful material". Obscenity is, after all, in the eye of the beholder. And I'll gaurantee you I would have been making this same argument had I been an adult when the suggestion that there be a "community standards" policy and law enforced. That did nothing but grant individuals, organizations, and government officials to blank check power to dictate anything and everything they wanted just by the threat of envoking "community standards" for the purpose of banning and/or censoring anything and everything they wanted to. While many stand up to such nonsense as "community standards", much has been lost to it as well.
And these laws, seemingly well meaning, are just an extention of such nonsense.
Nightwng2000
NW2K Software
Nightwng2000 has also updated his MySpace page: http://www.myspace.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl
Yes, many stores do keep their games locked in glass cases, but its not to restrict it from minors. Its to prevent theft. I personally hate it myself. I won't shop for games at a Wal-Mart becaue its apain in the ass to ask the clerks to open it every few minutes so i can take a closer look at a game.
I vastly prefer gamestops method of doing things. They do indeed keep games behind the counter, but once again it is no to keep it from minors, its to prevent theft, contrary to what salty aka Jacky has said. With their open box system, I can easily look at the descriptions on games without harassing the staff, and they even leave the instruction manuals inside so I can get a good idea of what I'm buying before hand. To effectively shop for games at stores with glass displays, you have to know what you want already. I dunno about others, but I'm not always up to date on every new release and what they are about. I like to browse the selection before buying, and I can't do that when things are locked away.
So basically, even ignoring the entire consitutionality issue here, I wouldn't want this law just because it would be inconvenient for me to have to prove I'm old enough to look at 17+ games. Even if it was passed, so what? Parents will buy them for the kids, or the kids themselves will just buy them online or from friends. This law will do nothing, even if it was passed, besides make shopping a bitch for the legitimate people. It's actually a fairly small number of people that are able to buy games when they aren't old enough, especially if they shop at a reputable place like gamestop.
Why argue the legality of it? Why not just argue the common sense of it all?
Restricting sales to minors will not bring down violent crime. It will not stop the next Columbine from happening, and it won't keep little Timmy from seeing or hearing things his mom and dad don't want him to see and hear.
You cannot sanitize the world for your children. Better to prepare them to deal with the realities of life than blind them with the illusion of your delusion.
"You know what I wish? I wish all the scum of the Earth had one throat and I had my hands about it."
Nobody's trying to sanitize the world. If Mature games are appropriate and safe for ten-year-olds, then why does this industry age rate and restrict them? Really need an answer to that. I'm waiting for it.
BS...every nanny-state law in the land was made to try to sanitize the world for some stupid parent who couldn't do the job they signed up for when they had a kid.
"You know what I wish? I wish all the scum of the Earth had one throat and I had my hands about it."
No one's saying they're safe for ten-year-olds. It's just that the guidelines are already in place, and are already being used. The only ones at fault are individual negligent employees when they don't follow them. Not the creators of the consoles, the games, or the retailer itself. Just the individual person. In essence, a law for something that's already being done without it is a meaningless waste of time and money.
Not to mention that, by and large, games with the described content you posted pretty much don't exist. (Sorry, GTA isn't porn. The gamers have checked, and aside from Hot Coffee, it's equivalent to R-Rated movie material. Not actual porn.)
Negligent employees my foot. It's the parents' fault that their kid got ahold of the game, movie, or what-have-you. Having employees check ages is a service that retailers provide in order to avoid getting a bad reputation; it's not the retailer's or employee's responsiblity to keep someone's kid from buying stuff. If you can't keep an eye on what your kid buys and plays, it's no one's fault but your own.
I agree with you Baruch. I go to gamestop about 3 times a week, often on monday, thursday, and friday or sunday depending on various other things and the short sunday hours, and every time I go in (I normally get there at 1500 or later) I see kids who should be in school still, have no parents, or, and this is my favorite, parents buying GTA IV for their 10 year old (there's no way that kid was older than 10. Personally, I think he might've been 8). I even watched a clerk say 'ma'am, we really don't suggest this game for your child', just to hear the kid erupt into a tantrum.
Are you telling me you can't keep an eye on your child at home, either? I have an 8000 square foot house, and I still manage to find what my son's up to, what he's playing and watching, etc.
Parents today are, for the most part, lazy as fuck. Of course, laws giving parents on welfare extra money for each child they have don't help the situation, nor the fact that they've started teaching 'morality' in our schools, along with a heaping helping of bullshit (global warming, for example).
It rates them as a voluntary concession, it's not saying 'only 17 years old and upwards can play this game', it is stating it's own opinion on who the game is suitable for, it is not an ultimatum, it is advice for the parents to inform them that the content of the game may be unsuitable for younger players.
If the parent is not monitoring the material being bought into their own home by their children, then, quite frankly, they need to be more careful, it is not, nor, I sincerely hope, will it ever be, the governments job to monitor what media goes into someone's house, after all, it's their house.
You seem to think that little Billy going into a store and buying an M rated game is the fault of the Store and the company that made the game, not the fault of little Billy, and if said little Billy goes home, installs the game, and manages to install it and play it without his parents even noticing, then what does that say about the parents? Why are they letting a 10 year old kid use a computer in such as way as he cannot be monitored?
Would you let your 10-year old child use a computer without monitoring him?
Idiot. The industry doesn't restrict them at all. Stores are doing so optionally.
Still waiting for an answer to this question? If any game is okay for any kid of any age, then why does the industry age rate them?
Okay, nobody has an answer to why the game industry age rates its games. Here' s the answer: Because it knows certain games are inappropriate (harmful) to minors. This is the corner it is has painted itself into.
Now, having won the argument, I am going to eat dinner, watch American Idol, stick pins in my Simon Cowell doll, and then have a glass of wine, and go to bed. Cheers, mates, the Constitution lives, despite the entertainment industry.
Andrew, keep checking those laws.
How about you wait more than two minutes between posts to let someone actually type a response to them, jerk?
Hey, looking at the timestamps, he waited 3 minutes. Of course, he also missed or purposely ignored posts that had already answered his question.
I actually noticed a post at 8:21 before the 8:23 post before this one. I was basing it on that.
"Now, having won the argument..."
You know, I honestly have no doubt that you're dense enough to believe that's true.
Andrew Eisen
I'm with you there chief. This guy's about as sharp as a basketball.
Maybe he's trying for blunt force trauma . . .
http://treasurebin.blogspot.com Game reviews from the bottom of the bargain bin
It´s simple: to stop having stupid an moronic people like you whinning and redacting useless laws like that.
Begone, Jack. Go to watch your TV show. Enjoy your unemployment.
The cynical side of videogames (spanish only): http://thelostlevel.blogspot.com/ My DeviantArt Page (aka DeviantCensorship): http://www.darkknightstrikes.deviantart.com/
saulytarsus
Not quite..... it has levels much like films do and games are rated to those levels by a random test panel of ESRB members(the USK is almost like it), thus why some games slip though a get hit with a harder or softer label.
Its not a question of "harm and/or effect" its a question of what adults think are ok for children, the MPAA has more of a set panel that dose tis best to to not rate some films right that is allow to hand out unrated stickers to things harder than NC17 and weaker than G alike.
I wonder if i the US you can create a law where you can restrict the buying rights of minors without restricting their viewing rights, porn aside mind you.
I do like the UKs way of handling Mature content even if the BBFC can be immature about slotting media properly since if its not labeled it makes it hard to sell....
Gore,Violence,Sexauilty,Fear,Emotion these are but modes of transportation of story and thought, to take them from society you create a society of children and nannys, since adults are not required.
http://zippydsmlee.wordpress.com
So you think that inappropite and harmful are interchangable synonyms do you? Bzzzz, wrong. Some things can be inaproppite without being harmful. The industry rates them because there are certain subjective beliefs within different cultures on what is and isn't approprite for a minor to view. As this is based on a culture's moral structure and not "harm" the way things are rated from culture to culture varies.
Try again.
-Ultimately what will do in mankind is a person's fear of their own freedom-
The only people who declare victory despite evidence to the contrary are blind. And, a saying you may want to become familiar with. "It is better to be though an idiot than to speak up and remove all doubt."
Do you know what that means? Obvious not, so here it is. It means that you should have walked away from the argument.
The enterainment industry is alive due to the constituion, not in spite of it.
Also , Iahve a challenge for you, can you find the MPAA rating on a DVD case? And I highly doubt you can. Just because the rating is obvious, clear and concise, it is not an admition that the product is harmful.
Using your logic, playing GTA will destroy ones mind, yet if they were to see, say, Deliverance, SAW, The Hills Have Eyes, or Wolf Creek, the kid would come out completely unscarred. And the line is only blurred with "choose your own adventure" DVDs and books.
And stop pretending that you aren't Thompson. The attack on MR Zelnick as your very first post gave you away.
The quote is from Mark Twain, and you're close. It's usually written, "It is better to keep your mouth shut and appear stupid than to open it and remove all doubt." At least, that's the way I'd seen it in other literature. Either way, it's an awesome quote and I commend you for bringing it up. Dead writers ftw!
http://treasurebin.blogspot.com Game reviews from the bottom of the bargain bin
I heard it as "better to be silent and thought a fool, then to speak and remove all doubt." Same thing differant wording.
Hunting the shadows of the troubled dreams.
Here's to abmiguity. cheers!
http://treasurebin.blogspot.com Game reviews from the bottom of the bargain bin
Its pre-emptive. Use your own rating system instead of waiting for one to be legislated, and being forced to accept it.
Pretty simple actually. You are a smart guy, I'm surprised you didn't pick up on that...
"You know what I wish? I wish all the scum of the Earth had one throat and I had my hands about it."
I answered this question in another post but I'll answer it again.
"The Entertainment Software Rating Board (ESRB) ratings are designed to provide concise and impartial information about the content in computer and video games so consumers, especially parents, can make an informed purchase decision. ESRB ratings have two equal parts: rating symbols suggest age appropriateness for the game and content descriptors indicate elements in a game that may have triggered a particular rating and/or may be of interest or concern."
Andrew Eisen
You really are dumb aren't you?
I have a board game that is aimed for ages 7 and up. There are no small parts. Do you think that this means it is harmful for a child of 5 to play it? Or do you think that they are just informing people of the target market? If you believe the former, then frankly you either have no idea what age descriptors are for or are just ignoring points that destroy your argument in order to delude yourself.
That's a brilliant example, Chuma. Most of us have probably forgotten that board games have been doing that for decades. Aside from the "small parts, don't give to children 0-3" warnings, which are deliberately kept separate, the age suggestions have to do with the general nature of the content of the game, and whether or not younger children should be playing it.
This guy is nothing but a Troll of the highest order. I'm just amazed it took Jack so long to start up here again.
"Life sucks, get a fuckin helmet" - Denis Leary
Hear, hear!
http://treasurebin.blogspot.com Game reviews from the bottom of the bargain bin
Warning Labels about the (myth) of violent videogames causing violence in real life?
Keeping offencive games in a sealed and locked container?
Where are the adult gamers meant to know if the retailer has got a sealed and locked container?
Also do parents really want to examine copies of offencive games???
Sorry but this has way too many Fredom of Speech and Expression violations to it. Also the freedom of speech for parents not wanting to have violent content soved down their throats by this bill that reqires them to "unwiillingly" observe violent content in games.
sorry but this bill is going way too far.
Why is there a rating system?
Simple.
Because not every individual or Parent thinks alike.
We do not share the same beliefs, interests, or consider the same material appropriate for our child that someone else does.
As with the MPAA and the TV Rating system, the ESRB contains information that each individual and Parent requires to make at least a partially informed decision.
It contains an overall flashcard lettering system. Each rating system does. The rating systems have changed over time. Look at the MPAA article in Wikipedia. That rating system has gone through several changes over the decades.
We should also note that while there are age ratings, what constitutes an "age appropriate" value changes over time. Society either grows more leinient or more strict. Watch TV for the past 30 years. Look at what has become of language censorship. It varies. Both based on WHO is doing the censoring as well as overall society.
The very fact that one person may see a game as rated T while another thinks it should be rated M is evidence of this. Indeed, the previous article about the Nintendo game supposedly containing "Islam is the light" is another example. Notice the implied complaint that because the game supposedly contained that one line, an E rating was not strict enough.
Imagine trying to set a rating system for written literature (books, magazines, newspapers, etc).
Why have ratings?
Because while one person may not think that GTA I is appropriate for their 10 year old, another may think, after knowing their child for the last 10 years and evaluating the content, design, context, and other factors, that the game may be sufficiently appropriate for their own child. They may learn otherwise. But in the end, they know better what is or is not appropriate for their own child.
It isn't about the material being "harmful". It's about Parents being informed.
"Hey, it's an M rated game! Why? Let's see..." :: Looks at the various descriptors. ::
The flash card ratings are eye catchers that say "pay close attention, there is content in this game that you may not approve of."
I like the rating system. What I don't like is some Tin-Pot-Dictator-Wannabe telling me what I SHOULD find appropriate or not appropriate for myself or my own child. (Note I said "dictate" as opposed to offering a simple opinion that I can follow or dismiss at my leisure.)
Nightwng2000
NW2K Software
Nightwng2000 has also updated his MySpace page: http://www.myspace.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl
Good call Nightwng2000. And everybody needs to remember that "Inappropriate" =/= "harmful"
Having an 8 year old see two people having sex is inappropriate. Is it harmful? Not entirely. Depends upon the context. In the context of an 8-year-old walking in on his parents, it is inappropriate, but not harmful. Just means the parents are going to have to have an awkward conversation with their kid. An 8-year-old watching BDSM pron online....now that could be both inappropriate and harmful (assuming no parental unit again is willing ot have that awkward conversation to set matters straight).
"You know what I wish? I wish all the scum of the Earth had one throat and I had my hands about it."
So are they going to make you take M rated games out of the door in non-descript brown bags now too?
Can't you just see it, sleazy guys in sunglasses, hats, brown trench-coats going up to the counter "So, can I get a copy of GTAIV?"
Old lady: "YOU STAY AWAY FROM MY GRANDSON YOU PERVERT!"
Clerk: "Ma'am its just a video game. Not porn."
Old Lady: "Well that's worse!"
The ESRB does rate games aready. We don't need Big Brother telling us what is ok and not ok.
Yet another unconstitutional piece of garbage for the pile, as it violates both the First Amendment's guarantee of freedom of speech and the Fourteenth Amendment's guarantee of equal protection under the law, and is unconstitutionally broad.
Now then, on to the latest jabroni troll, saulytarsus, Metropolitian Moron of Miami, Painus in your Anus, it doesn't matter what his name is:
-Rating systems are merely suggestions, nothing more, nothing less. Although, you can now argue that the MPAA's system has turned into a joke now that the movie studios have been releasing unrated versions of the films on DVD with more and more frequency.
-On that note, it is much, much easier for a 12 year old with "no parent in sight" to buy unrated movies such as Superbad, Forgetting Sarah Marshall, Step Brothers, Pineapple Express, the American Pie movies, National Lampoon's Van Wilder, etc., than it is for that same 12 year old to buy GTA IV, Fallout 3, Call of Duty 4, Call of Duty: World at War, Saints Row 2, etc. And not just because most of the stores either have most of the more recently released games(most Greatest Hits games and other older games are put on shelves next to those cases) behind a glass case or behind the counter(all due to potential theft/shoplifting issues), unless it's the Guitar Hero and Rock Band packages. The Federal Trade Commission gave the video game industry its best grades ever in the last report.
-Funny, you neglect to mention that it's not just M-rated games are behind those glass cases or behind the counter, but also E and E-10 rated games like Madden NFL, NASCAR, Kingdom Hearts: Re: Chain of Memories, Chrono Trigger DS, Pokemon Diamond and Pearl, etc.
-Come to think of it, sales to "12-year-olds with no parents in sight"(if it actually happens) only accounts for less than 1% of all video game sales! Do the math.
Now, onto the Constitution:
If you’re going to infringe on a Constitutional right like freedom of speech based on the claim that the speech in question is “dangerous”, then you better damn well show absolute proof of that. It’s NEVER been done. There is no proof that any harm will come of anyone playing a “violent” video game.
If there is a danger so clear and so threatening to the American people that causes these self-righteous politicians to step on the First Amendment, wouldn’t any rational thinking person have to believe that the danger would have to be so obvious and clear that there would be no argument against it? Especially since you’re directly contradicting a Constitutional amendment.
We, the American people, have not been given any valid reason to believe that this abridging of our freedom of speech is necessary. There just simply isn’t any evidence at all of any danger from “violent” video games. This “protection” from “violent” video games isn’t needed or wanted for that matter, but please feel free to use everyone’s tax dollars for protection from things like a 10-foot storm surge from a Category 3 or greater hurricane or the fuselage of a 747 airplane entering the workplace or the home.
And two more things:
1) if Arizona wins the Super Bowl, it will be by a field goal at best(Pittsburgh's defense is the best in the league). I said on another forum Arizona 27-24.
2) American Idol Sucks. And that's the bottom line.
Geaux Saints, Geaux Tigers, Geaux Hornets, Jack Thompson can geaux chase a chupacabra.
Now then, on to the latest jabroni troll, saulytarsus, Metropolitian Moron of Miami, Painus in your Anus, it doesn't matter what his name is:
Complete and Utter Epic Win for that comment
Forgot to mention this one, but it's relevant to the discussion: in another blow against censorship, on Friday night, David Letterman and CBS air the late Bill Hicks' final performance on Letterman's show in 1993 that got censored.
www.austin360.com/blogs/content/shared-gen/blogs/austin/tvblog/entries/2009/01/28/the_late_bill_hicks_coming_to_fridays_late_show.html
Geaux Saints, Geaux Tigers, Geaux Hornets, Jack Thompson can geaux chase a chupacabra.
An ironic thing about that particular broadcast was that part of the reason it was banned was because he made a joke about the Pro-Life movement, and there was an advert during the break for Pro-Life...
http://uk.youtube.com/watch?v=pkptz2YfZik
For Jack Thompson, also known as "saulytarsus"
I have found a flaw in your argument, so kindly shut the fuck up.
Actually, I found many flaws. Too many to either count or name, but the commandment to shut the fuck up still stands.
EDIT: There goes the effect.
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"Game on, brothers and sisters." -Leet Gamer Jargon
''that "glamorizes... the commission of a violent crime, suicide, sodomy, rape, incest, bestiality, or sado-masochism..." ''
what? so.. by its own definition, this isnt needed then. I havent seen any recent commercial game (Custers revenge withstanding) that has glamorised suicide, or sodomy or incest, or bestiality, or sado-masochism
Hey why not waste tax dollars on banning cereal packets from doing the same, i mean, they dont do it currently, so itd be a waste of money, but dont let that stop you. Lets ban childrens tv fro mdoing the same. Nothing wrong with trying to fix a problem that doesnt exist.
"Retailers would be required to keep such games either in an area "inaccessible by the general public" or "in a sealed and locked container.""
You mean like they already do? Retailers like gamestop keep the games behind the counter, places like Best Buy use those clear plastic cases with the magnetic locks (which are easy to break into once you know how). other places around here use the locked glass cases
This is all common sense, as they are all used as anti-theft methods
I don't think the supporters of the bill are necessarily unaware that the ESRB exists. I think that they simply don't care about the ESRB or the regulations that stores enforce themselves. They probably want to take out the middleman of private institutions and directly control this from their Capitol.
GameSnooper
Hang on...
"Retailers would also be mandated to make copies of the offending games available for examination by parents."
So let me get this straight... the retailer would be forced to keep free copies of mature-themed games that adults could play... for free?
How do we get this one signed into law and what can we do to get it enacted throughout the US?
Heh. I noticed that too. "I need a copy of..." (points to every game on shelf) "I've got um... kids, see? Yeah, that's the ticket. And they might buy this game, so you gotta let me play it. IT'S THE LAW!"
Hey sauly or should I say Jack Thompson, you wanna know games are rated? BECAUSE PEOPLE LIKE YOU WOULD BITCH AND WHINE IF THEY WEREN'T!!!!! The ESRB was founded after there was a public outcry from people like yourself over the content of games like Mortal Kombat and Night Trap. The 17+ on the M-rating is nothing more but a recommendation and a warning to these game's content. Also since the age on an R-rated movie is 17, it basically says that the game contains content that would be found in an R-rated film. Second of all the statue you pulled up applies to SEXUAL CONTENT ONLY!!!!! That statue does nothing to stop a kid from buying a copy of Rambo or The Matrix. In fact it doesn't even stop a kid from buying a copy of American Pie which is a sexually explicit R-rated film. It only applies to pornography and violence cannot be considered pornographic
"[...]glamorizes... the commission of a violent crime, suicide, sodomy, rape, incest, bestiality, or sado-masochism..."
Mr.Kolb, be specific. The fact is I have not, in 20 years of gaming, seen a single game containing "sodomy, rape, incest, bestiality, or sado-masochism...". Of the seven concepts you are blaming video-games for, only 2 would really apply ; violent crime and suicides (Postal!). The rest applies to porn.
This begs the question. Mr.Kolb, can you telll the difference betweem a videogame and pornographic material? What games have you played? What games do you know are violent, and which aren't? Which games contain the elements you complain about?
The day a critic will play a videogame from start to end, without stopping midway (or early) at the first sign of violence screaming "JESUS IS RAPED! VIDEOGAMES ARE THE DEVIL!" is the day the earth will spin the other way around... /sigh
Ya gotta remember, to get your personal, religious, and/or political beliefs turned into legislation to dictate that others must follow your beliefs, one has to lie, deceive, misinform, and play the shell game to the hilt.
Don't like a book's content? Tell people it's porn and that if you read it or you let a kid read it, you're exposing kids to porn.
Don't like a type of music? Tell people it's porn and that if you listen to it or let a kid listen to it, you're exposing kids to porn.
Don't like something on TV or in the movies? ... You get the point.
Then, when someone points out that you are just trying to force your beliefs on others, claim they are fascists who are violating YOUR Rights to Freedom of Speech and that your beliefs trump everyone else's 'cuz you is "morally superior" and "a warrior for God" and "fighting a culture war" and so on.
Be sure to use all the inflammatory terminology you can, that way, you can get all the ignorant boobish sheep and blind followers to support you, even if THEY may end up giving up their own Rights to you as some point.
C'mon, haven't you learned that about how things work in this world yet? :/
:)
Nightwng2000
NW2K Software
Nightwng2000 has also updated his MySpace page: http://www.myspace.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl
I just realized that this game would probably affect such games as "Persona 3" (maybe "Persona 4"?). The Persona series is currently an award winning, and it met with critical acclaim. And yet, since the method of changing to your alter self is shooting yourself in the head, it could be considered "glorifying suicide". And while the conservitive ESRB has rated it M for mature, in other countries, it is only similar to a PG-13 (actually 12).
Correct me if I'm wrong, and I don't mean to give any spoilers away, but wouldn't Kingdom Hearts fall under glorifying suicide for that one scene? And that game co stars Donald Duck and Goofy.
This law is a bad law, poorly written, and poorly rationalized. Who are we? The United States of America? Or Australia?
I believe it was Persona 4 but the Evoker (the gun thingy) doesn't shoot anything. Near as I can tell, only extreme stress can change them into the alter-self and what better way then by pointing what looks like a gun at their own head.
Bestiality?
I know they did a documentary on the Enumclaw-Horse incident. http://www.imdb.com/title/tt0874423/
Are they planning a game now too?
Nah, someone just gave them a heads up on Resident Evil 69: Sex Education For Zombies.
Nightwng2000
NW2K Software
Nightwng2000 has also updated his MySpace page: http://www.myspace.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl
So, Nightwing, how you feel about retailers who say they want parents to make these game buying decisions and then sell GTA to little 15-year-old Jimmy with no parent in the store? Answer carefully, please.
Parents can make decisions at home too, it's a question of teaching little Jimmy that he shouldn't be buying the game, if that is how they feel, and enforcing their own rules, that's not the job of the retailer.
Tell me Jack, do you let your son do absolutely anything he wants whenever he wants, are you that a bad parent yourself? Is that why you want laws to teach you to do your job properly?
Feh. I was 15 once. If GTA is the worst a kid can get his hands on at 15, he must live on Pluto or something.
Then it's the fault of the child for either disobeying his parent's orders if the parent said no, (which (SHOCK HORROR) parents CAN do. They DO have power over their child without being abusive.) or the fault of the employee for blatently disregarding the store's policy. Either way, it's not the fault of the retailer. It's the fault of the employee or the parent for the same reason: disregard for the safety of the child.
Also depends on the age of the employee and how close to the age of the customer the employee is.
Besides that, while a 15 or 16 year old is more likely to be successful at buying a M-rated game than a 12-year-old(due to looking much older), it still only accounts for less than 1% of all video game sales.
Geaux Saints, Geaux Tigers, Geaux Hornets, Jack Thompson can geaux chase a chupacabra.
http://www.ftc.gov/opa/2008/05/secretshop.shtm
Your argument fails. Go chase some movie theaters. You'd at least have an inkling of a chance.
http://treasurebin.blogspot.com Game reviews from the bottom of the bargain bin
If the retailer has chosen to have a policy in place regarding ANYTHING to do with the store, then any employee who breaks that policy needs to be held accountable for their actions per store policy.
If they don't have a policy in place, that's their choice.
There's no trick to the question whatsoever.
In addition, Merchant associations also have policies for retailers who are members of those associations that the retailer must follow to continue to be a member. The retailer can follow the policy or not be a member. If they choose to be a member, then they follow the policy or suffer the punishment, whatever it may be.
I find little intelligent consistancy to these policies.
Little "Johnny" supposedly can't buy GTA IV, but he can buy:
A religious text that promotes bigotry and hate.
Cosmopolitan or any number of magazines which have sexually suggestive images.
Saw, the Uncut addition.
Any number of "sharp objects" very much capable of being used to injure or kill another living being (kitchen knives are just one example).
Purchase any number of food products that his Parents may not approve of him eating OR a food product which may be hazardous to his health (from allergies to his diabetes or other conditions).
Any number of poisons.
Shall I keep going?
Nightwng2000
NW2K Software
Nightwng2000 has also updated his MySpace page: http://www.myspace.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl
Obviously not - necrophilia isn't listed, so under this law games could still glorify sex with corpses (animated or otherwise) as much as they want.
As long as they're not animal corpses.
And it's all conventional, hetero sex.
And I suppose consent is kind of a funny issue, since corpses don't explicitly consent to or forbid the action. You could make the argument that sex with any corpse would amount to rape as there's no consent - but if that was the case then necrophiles would be tried under rape statutes, and Law and Order would have me believe there's a separate statute specifically for that.
Jack just give it up.
What's up with the video game bill in Utah?
Really, Arizona by 14? Against the best defense in the league, a more experienced coach, and the all-too-recent memory of the mighty Patriots' downfall last season keeping everybody on their toes?
Look, I love underdogs too, but that doesn't mean I cheer for the Hamilton Tiger-Cats (unless they're playing the Argos.)
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The Mammon Industry
Mr. Thompson, stay on-topic. I'd ask you to read the miniscule comments policy on the matter, but i know how much you detest reading things. You know HOW to read, you just choose not too.
What's up with the video game bill in Utah?
Jack, you like a lemming, you keep running off the cliff expecting a different result each time. Knock it off and stop spamming these boards.
What's up with you posting everything twice?
No-one cares about your censorship bill Jack.
You tell me. I can't seem to find it in the Utah bill tracker.
E. Zachary Knight
Oklahoma City Chapter of the ECA
http://www.theeca.com/chapters_oklahoma
Dunno. that's why I asked. I'm not Jack. I'm actually a lawyer.
That's really hard to beleive.
Nice try Jack, but not that long ago you were saying it was gathering steam and was likely to be passed, so try to stay consistent.
Of course, I suppose one advantage is that you can make believe that you are still a lawyer.
Well Mr. Actually A. Lawyer from Pheonix, AZ, John Bruce has claimed thathe introduced a "constitutionally bulletproof" video game bill in Utah. HE gave absolutely no details. No text, no supporting congressman/woman or senator.
You yourself claimed it was gaining steam earlier, so I assumed you had some inside info on its progress that is not available in the bill tracker.
E. Zachary Knight
Oklahoma City Chapter of the ECA
http://www.theeca.com/chapters_oklahoma
Yeah, it's kinda hard to "introduce" a bill when the session just opened on Jan. 26th.
Not only that, it only lasts until March 12th, 6 weeks from today. Meaning if the Metropolitian Moron of Miami wants his piece of trash bill on the Utah governor's desk by the time the session adjourns, he better get on the ball. Otherwise, it probably dies in committee.
Geaux Saints, Geaux Tigers, Geaux Hornets, Jack Thompson can geaux chase a chupacabra.
Your a Liar, Not a Lawyer
Also, If I remember correctly, you can get serious trouble for pretending to be lawyer since your already disbarred. Now do you really want to chance with that?
Not that I'm defending JT or anything, but he's still technically a lawyer (because he has a law degree). His disbarment means he's just no longer an attorney.
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Ben "Scorp" Stanton
It's still the wrong place to ask. It's not the topic of the article, so stop bringing it up. That's an easy rule. Can you follow that?
Yeah, you're a lawyer. Once on here, you were posing as Mrs. Zelnick.
Just shut up, you anonymous coward. Practice what you preach: Grow up and get a life.
A lawyer without a license to practice law is like a man in a canoe without a paddle......up $hit creek..
Actually, what needs to be asked is if the State Attorney General is aware that the Traitor John Bruce "Jack" Thompson has been pushing age verification software into being legislated that may be on the list of age verification software that is being examined as potential marketing scams.
Several State AGs are looking at various age verification systems and finding that their software is being used to create marketing lists to market specifically to children.
Google "online age verification for children brings privacy concerns".
And since the Traitor John Bruce seems to want to push a particular product, one has to wonder if he's receiving compensation for pushing this product over all others.
Sounds like a lobbyist marketing a product to the state rather than someone who claims to be doing it for the children's sake.
Nightwng2000
NW2K Software
Nightwng2000 has also updated his MySpace page: http://www.myspace.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl
Here's another odd question I thought of - what about sacrificing oneself for a heroic demise? Y'know, like someone jumping on a grenade to shield the rest of the platoon from it. Or **SPOILERS**the end of Independence Day, when the crazy pilot guy crashes his plane into the alien super ship to destroy both. I'm sure similar situations have happened in games (though the only one I can think of off the top of my head is in FFXII).**END SPOILERS**. I can easily see that being viewed by some as 'glorified suicide' - and yet it's a well-known and accepted plot device in all forms of media. Apparently emotional moments of ultimate sacrifices are inappropriate for anyone under 18 now?
How about Crono getting blown away by Lavos in Chrono Trigger? Sure, you get him back later, but it's still an example of self-sacrifice, and in a game rated E10+ no less.
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The Mammon Industry
Or Zero volunteering for the Shuttle mission in MegaMan X5, so that X wouldn't have to risk getting the Virus in Eurasia.
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"Game on, brothers and sisters." -Leet Gamer Jargon
Or in Ultima VII, Part II where Dupre jumps in the furnace in the Avatar's place in order to re-forge the Chaos Serpent (one of the last truly emotional moments in the Ultima Series).
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Ben "Scorp" Stanton
Palom and Porom, Final Fantasy IV. Petrifying themselves permanently to stop the sliding walls and save the rest of the party of certain death.
That's an even more interesting example - if he sacrifices himself and effectively 'dies' but then is resuscitated through the use of time travel, was it in fact suicide? Clearly our legal system is not built to handle the issues presented by time travel.
another example of a glorified suicide is Jesus; he fortold his own death, and yet did nothing to stop it. either he's not as omnipotent as people think or he committed suicide-by-cop.
岩「…Where do masochists go when they die?」
Locking games in a container? Ridiculous.
Sad, isn't it, Thompson goes on about usbeing addicts, but now he's been barred from JaaBlog, he couldn't go for more than a week without inventing a name, and using deliberate methods to avoid his IP ban all to post on a Forum.
You want to see addiction, you only have to look at the lengths Thompson goes to in order to post on here.
I gotta ask and say this.
What are you trying to prove to us jack? Why are you so obssesed with getting pasat banned and spamming these boards? I'll give you that your will to keep going is impressive but there is nothing left for you to say or do any of us on here. You lost it all when you lost your job with the flordia bar. Yet instead you continue to whine, to gripe, to pester us with utter nonsence.
If I were to show your behavior to your boss for whatever job you have now, do you think he would want you working for him, the way you go about on here with such imature actions?
Look at yourself Jack and stop for a moment to think. Is this really worth it? I can see it in you that everything is going downhill unless you stop and move on.
I told a friend, I want to make a game with everything mentioned. "violent crime, suicide, sodomy, rape, incest, bestiality, or sado-masochism"
Yes, everything. With how my head works, I already got the basis of a story and plot for it.
If I ever do it, it's gonna be distributed online, and for free. Touch that, lawmaking bitches.
Sweet. What's it going to be called?
I came up with "Michael Vick's Kennel Champion" earlier. It's on my "list of awesome sports games they'll never actually make" alongside NHL Lockout Simulator 2005 (with realistic Contract Arbitration mode!) and any Canadian football game.
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The Mammon Industry
I dunno. It's probably just going to be a pipe dream; I can just write and direct, she can only do programming; we have nobody to make models or sounds. And I'm trying to figure out where I could find people.
But if I can find people interested, then I'll be really happy. I will say it's about a vigilante in some hellhole city ruled by organized crime. I'm thinking he's ex-mob, and his family was killed, so now he's out to kill them back. This is just a rough idea, though.
He should call it 'Sunshine Over Starland', and the cover could have rainbows and unicorns and cloud castles and such...
The Bible Game ;)
so is this moron really thompson or who is it???? as for the whole discussion thing a 15 year old has the right to buy gta 4..the parents have the right to say yes or no..the store has the right to tell the parent its not for billy and if they still buy it then thats their problem....once again to quote george carlin
"what about the children" "F*** The Children"
for anyone wondering, saulytarsus would have to be JT
for the biblical reference of SAUL, at one point a great sinner meeting god and becoming a great man spreading the word of christ.
This event happened on his way to a place called tarsus.
Stop lying jack, we see through you like used neutrogena.
Actually, Tarsus was where he was born. He was on his way to Damascus.
I may not like forcing religion on others, but if you're gonna cite one, at least do it right.
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"Game on, brothers and sisters." -Leet Gamer Jargon
His point is still valid even if he didn't get his facts entirely straight. Nothing wrong with correcting his mistake, but there is no need to be a cock about it.
Assemblyman Brian Kolb
*SNIP CONTACT INFO*
EZK: Please don't post other people's contact information.
And here's our weapon: http://www.esrb.org/ratings/ratings_guide.jsp
Go, go!
Haha, I said "weapon". That's kind of weird.
Anyway, who's EZK? And what's the point of this website if you don't tell us how we can fight these bills or let us discuss that on our own?