Ohio Court Rules on Case Relevant to Online Game Peddlers

January 29, 2010 -

In a ruling that could have a trickle down effect on online videogame dealers, the Ohio Supreme Court has issued its opinion on what constitutes the distribution of material that is harmful to juveniles, regarding the Internet as a medium.

The American Booksellers Foundation for Free Expression originally levied the suit (Am. Booksellers Found. for Free Expression v. Strickland)  in Ohio, asking a court to overturn Ohio code 2907.31, which broadly deals with the dissemination of matter harmful to juveniles. A federal district court originally concluded that the code was too broad and a violation of the First Amendment, and suggested shelving enforcement of the law. That decision was appealed to a 6th Circuit Court.

The 6th Circuit Court eventually asked Ohio’s Supreme Court for an answer on two specific legal questions swirling around the case:  A) should the scope of the code be applied to instant messaging, person-to-person emails and private chat rooms and B) should material posted on general websites and chat rooms be exempt from liability?

The Ohio Supreme Court answered each question in the affirmative in a 7-0 vote.

The matter will now be returned to the 6th Circuit Court who will determine the codes constitutionality.

The San Francisco Examiner noted the importance of the case for a variety of online sellers:

The group had argued the law could be applied broadly to online material and erode the constitutional free speech rights of online booksellers, newspaper publishers and video game dealers. Technology, they say, can't always keep the harmful information from children.


Comments

Re: Ohio Court Rules on Case Relevant to Online Game ...

But it is still illegal under Ohio law to send non-obscene "sexually explicit" material to a minor over a person to person channel?

I don't see how it is enforceable there, as the material is not obscene. What if a teacher or councillor was to email a PDF of a well illustrated manual of how to use condoms? Would that run afoul of this poorly written law?

Re: Ohio Court Rules on Case Relevant to Online Game ...

This is so stupid it's not worth mentioning.

 

 

"It's better to be hated for who you are, then be loved for who you are not." - Montgomery Gentry

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Re: Ohio Court Rules on Case Relevant to Online Game ...

Oh?  What's stupid about it?

 

Andrew Eisen

Re: Ohio Court Rules on Case Relevant to Online Game ...

"A) should the scope of the code be applied to instant messaging, person-to-person emails and private chat rooms and B) should material posted on general websites and chat rooms be exempt from liability?

The Ohio Supreme Court answered each question in the affirmative in a 7-0 vote."

So...  Websites are exempt, but private conversations are not?  Am I reading this wrong?

Re: Ohio Court Rules on Case Relevant to Online Game ...

Thats what i understood it to mean as well. How can legislature apply to what i text to someone? That's probably the most blatant disregard for the 1st amendment i have ever heard. Chances are there was something (hopefully) lost in translation.

In war, truth is the first casualty.

In war, truth is the first casualty.

Re: Ohio Court Rules on Case Relevant to Online Game ...

Because according to this law, it's illegal to solicit obscenity or material harmful to minors to a juvenile (unless you're the parent or guardian) even if you're using email or text unless you meet the exceptions detailed in the law.

 

Andrew Eisen

Re: Ohio Court Rules on Case Relevant to Online Game ...

Maybe we should read the entire statute before bitching:

Section D(2) provides:
"(2) A person remotely transmitting information by means of a method of mass distribution does not directly sell, deliver, furnish, disseminate, provide, exhibit, rent, or present or directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present the material or performance in question to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of this section if either of the following applies:

(a) The person has inadequate information to know or have reason to believe that a particular recipient of the information or offer is a juvenile.

(b) The method of mass distribution does not provide the person the ability to prevent a particular recipient from receiving the information."

www.gameslaw.net

Re: Ohio Court Rules on Case Relevant to Online Game ...

This court has a good idea. Next they should expand the code into violent games, unless OH code 2907.31 covers that as well. I figure it might, but in case it doesn't (just woke up from a nap and therefore am too lazy to go and read it), I should say it here.

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"A Chrono Trigger is anything that unleashes its will or desire to change history!" -Gaspar

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"A Chrono Trigger is anything that unleashes its will or desire to change history!" -Gaspar

Re: Ohio Court Rules on Case Relevant to Online Game ...

Why should violent games be lumped in with obscenity and material harmful to minors?

 

Andrew Eisen

Re: Ohio Court Rules on Case Relevant to Online Game ...

AE

Becuse its not that far a leap of faith for politians.....


Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: Ohio Court Rules on Case Relevant to Online Game ...

Uummmm....you do the same thing with booze,porn and 17+ material you fine the house/address X amount for skirting the law the seller and the shippingcompany can not and should not be held responsible ,at least when it comes to online/mail order sales, just put a tax on its trade that HAS to be paid regardless. Everyone will win in the end.....



Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

 
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MaskedPixelanteI suspect Howard will show up in Guardians of the Galaxy 2 as a bartender on Knowhere or something.11/22/2014 - 9:52am
Michael ChandraWonderkarp, try games where you don't get interactive cutscenes and only the main character really talks to people. Or games with a silent protagonist. I think the Bechdel test is a nice indicator (though flawed) for movies and such, but not games.11/22/2014 - 7:56am
ZippyDSMleeWymorence: HTD was a fun and very messed up film I love it. A new one would be nothing like it sadly.11/22/2014 - 1:57am
Andrew EisenOnly if we lived in a world where a bad movie meant every subsequent attempt would suck. Seriously though, after the last few years, I'll give Marvel the benefit of the doubt that it could make a great Howard the Duck movie.11/22/2014 - 1:29am
Wymorenceisn't that a GOOD thing there isn't a movie after the abomination that was the first?11/22/2014 - 12:27am
Andrew EisenNo movie in sight but Howard the Duck is returning to comics! https://games.yahoo.com/news/howard-duck-series-announced-184400635.html11/21/2014 - 10:48pm
MechaCrashThe point of the Bechdel Test isn't "is this film sexist," it's to illustrate "this is an incredibly low bar and most movies STILL can't pass it."11/21/2014 - 10:11pm
mthielNew report on Adam Lanza http://tinyurl.com/pnj9os611/21/2014 - 8:07pm
Andrew EisenIf you missed the HuffPost segment I guested on, the replay is now embedded in the story.11/21/2014 - 6:05pm
Wonderkarphttps://pbs.twimg.com/media/B2__4yZCcAA9Ytp.jpg these look amazing. Peach is the only one I'm tempted to open cause her packaging is bent. get another nonbent one....man. toycollector me and gamecollector me is fighting11/21/2014 - 5:51pm
WonderkarpJust finalized my Smash Bros free Sound Track Order. Also got 4 amiibos and they look fantastic. I'm afraid to open them. they look spectacular!11/21/2014 - 5:45pm
james_fudgeCan we all agree that Andrew cleans up nicely and can go on any program?11/21/2014 - 5:01pm
Wonderkarpthank you for that line, Andrew. alot of great films fail the bechdel test. Gravity fails it and it has a female lead.11/21/2014 - 4:48pm
Andrew EisenAw, thanks James! Well, now I have to drive back to work!11/21/2014 - 4:45pm
Andrew EisenDidn't have a chance to say this on the HuffPost segment but while the Bechdel test is useful as a broad examination of gender representation in media, it's not at all appropriate as a judgment of quality.11/21/2014 - 4:45pm
james_fudgeAndrew you killed it!11/21/2014 - 4:44pm
WonderkarpMadeline Bergman. second female, they never speak of men, just a computer program. it passes the test11/21/2014 - 4:34pm
E. Zachary KnightDoes Other M have more than one woman in it?11/21/2014 - 4:31pm
Wonderkarpyet Metroid Other M, a game where people cried sexist due to the commanding officers restricting Samus, passes the test....11/21/2014 - 4:21pm
Wonderkarpwait...they are using the bechdel test to determine which games are sexist?.....how does that work with a game like Super Mario Bros when there is no Dialogue? test itself is BS. Alien doesn't pass it11/21/2014 - 4:20pm
 

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