ECA's Amicus Brief Filed

September 18, 2010 -

The Entertainment Consumers Association (ECA), the nonprofit organization which represents gamers in the U.S. and Canada, has filed a 44-page amicus brief in support of the video game industry (and consumers... and sanity) with the U.S. Supreme Court this evening. You can grab the PDF here.

Co-signing onto the ECA brief are such notable organizations as: the Competitive Enterprise Institute, Consumer Action, Consumer Federation of America, Public Knowledge and Students for Free Culture.

While there is a lot to sift through in this massive document, the most interesting point made on behalf of consumers is the following (taken from the arguments section):

"Video game consumers have First Amendment rights that must be protected from the state’s interference. The First Amendment protects a person’s right to choose what information or entertainment he or she wishes to receive, just as it protects a speaker’s or author’s right to speak or publish what he or she wishes to say. Stanley v. Georgia, 394 U.S. 557, 564 (1969). Without this corollary right, the marketplace of ideas would not work, as speakers and publishers would not have audiences with whom to transact."

Oral arguments for Schwarzenegger v. Entertainment Merchants Association are scheduled for November 2.

(I would like to personally thank every gamer that took the time to sign the ECA's petition. If the Supreme Court rules in favor of the game industry, it will be due in no small part to all of you.)

 

Disclosure: GamePolitics is a publication of the ECA.

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Comments

Re: ECA's Amicus Brief Filed

Does anyone know a final count on how many signed the petition?

Re: ECA's Amicus Brief Filed

As far as I know, the only thing the ECA has said in that regard is "tens of thousands."

 

Andrew Eisen

Re: ECA's Amicus Brief Filed

I don't think it matters much whether tens of thousands or tens of millions. The Court is unlikely to ascribe any weight at all to a list of petition signatures no matter the number. It's not a court of public opinion. It's a court of law to which its members -- thankfully -- aren't elected by popular vote. They're appointed for lifetime tenure. One of the intents of lifetime tenure -- at least in theory -- is to allow the Court to rise above the political fray and render decisions regardless of how popular or unpopular those decisions may be. Indeed, many of the Court's more profound decisions have been made in the face of overwhelming public opposition to those decisions (see, e.g., Brown v. Board of Education).    

 
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Matthew Wilsonhttps://www.youtube.com/watch?t=18&v=CbGmrySQLIg looks like Inafune is giving capcom the middle finger.07/02/2015 - 5:05pm
TechnogeekUnfortunately, the shoutbox moves fast enough that I can't find why I got that impression, so if was indeed erroneous I do apologize.07/02/2015 - 4:34pm
TechnogeekBut yeah, as far as my earlier comment re: you and the article, I did get the impression at some point that you felt there should have been some sort of reprecussions for the article's existence.07/02/2015 - 4:34pm
TechnogeekI got expletive-censored for posting something a few weeks back wherein I expressed my shock that I agreed with you about something, Skunk; so you're not the only one being hit with that stick.07/02/2015 - 4:31pm
Andrew EisenI know you don't. And you haven't recently so all's well.07/02/2015 - 4:25pm
Goth_SkunkI don't think I misrepresented anything.07/02/2015 - 4:24pm
Andrew EisenHeavy profanity is not permitted in the Shout box. Words like "moron" are but we ask that our readers not resort to name-calling.07/02/2015 - 4:23pm
Goth_SkunkSo I can't say a 4-letter curse word, but Mechacrash is free to call me a moron. Acknowledgment: Mecha was warned about his conduct, but his post was not edited, as mine was.07/02/2015 - 4:20pm
Andrew EisenWhat people took issue with was your misrepresentation of what the author said. Now that you're criticizing what she actually said, no one has a problem (though they might disagree with your opinion).07/02/2015 - 4:19pm
Andrew EisenThat's not comparable at all. One is advice, one is a rule.07/02/2015 - 4:17pm
Goth_SkunkBut apparently, people seem to take issue with my justification and have been jumping down my throat about it for... 24 hours?07/02/2015 - 4:17pm
Goth_SkunkAnd now we've just had an example wherein I was forced to moderate myself in order to minimize offense.07/02/2015 - 4:16pm
Goth_SkunkThat's what this whole conundrum's been about! I strongly disapproved with the Wired article writer's suggestion and made that opinion known here in the shoutbox.07/02/2015 - 4:16pm
Andrew EisenPlease keep such strong language out of the Shout box. Anyway, that's fine. If there's something you want to write about. Go right ahead. Don't like someone's suggestion? Feel free to say so.07/02/2015 - 4:13pm
Goth_SkunkIf I get a response "this rape scene you wrote was offensive. You should've done it differently. Consider examples A, B, C, or D" I would happily take it under advisement should I decide to write something similar in the future.07/02/2015 - 4:12pm
Goth_SkunkIf I get backlash for such a decision consisting of "this rape scene was offensive," that's fine. If I get criticism like "this rape scene was so offensive, you shouldn't have written it," I'll respond "Go (expletive) yourself"07/02/2015 - 4:11pm
Andrew EisenMatthew - Oh, absolutely. But no one's saying any specific trope or subject should be taboo.07/02/2015 - 4:11pm
Andrew EisenA few have opined that I should have left the "I'm on a whore" line out of my Old Spice Parody video. I don't see why that's a problem.07/02/2015 - 4:10pm
Goth_SkunkHypothetical: If I'm writing a story and in my story there is a rape scene, and that rape scene is present because I want it to be there, and it is very relevant to the story as a whole, I'm going to write it.07/02/2015 - 4:10pm
Matthew WilsonI think it should be criticized for being used badly, but I dissagree with the idea that is should never be used. as far as I am concerned its a story telling tool, and like all tools it can be used in a good or bad way.07/02/2015 - 4:09pm
 

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