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.

Posted in

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).    

 
Forgot your password?
Username :
Password :

Shout box

You're not permitted to post shouts.
Sora-Chan@EZK: It's kind sad that kind of thing still occurs to this day (and for good reasons...)08/04/2015 - 2:33pm
E. Zachary KnightA woman author shares her experience submitting her manuscript to publishing agents under a man's name. http://jezebel.com/homme-de-plume-what-i-learned-sending-my-novel-out-und-172063762708/04/2015 - 1:21pm
james_fudgeme either. They are rolling it out in phases.08/04/2015 - 12:41pm
Big PermI haven't got my notification yet, even though I reserved it the day the pop up came.08/04/2015 - 12:27pm
james_fudgeThanks Matthew. I have not yet installed Windows 10, but the complaints about it have been minimal.08/04/2015 - 12:19pm
benohawkhttp://goo.gl/6yZ7EO suggests you can kill it all, but I haven't tested it on my system as of yet. And I wouldn't recommend digging in the registry or playing around withdisabling services for most users08/04/2015 - 12:18pm
Matthew Wilsonyes you can turn it off08/04/2015 - 12:15pm
james_fudgeCan you completely disable it though? I think you can minimize what it collects.08/04/2015 - 12:06pm
benohawkThe Win 10 data collection sounds scary, but I think it would be just too much data to be useful08/04/2015 - 11:57am
benohawkNo need to apologize Big Perm08/04/2015 - 11:55am
benohawkThe changing to 0 only being a 1 was local security policy change, not the reghack08/04/2015 - 11:49am
Big PermSorry Beno, it looks like you're right.08/04/2015 - 11:49am
Big PermFrom what I've heard (and obviously I could be wrong here), but I hear even setting it to "0" in the registry will only change to "1" or "Basic" collection. I'll try to find the article I got this from08/04/2015 - 11:40am
benohawkBig Perm, you can disable telemetry, just not through the gui. It's a matter of adding a registry key and disabling a couple services08/04/2015 - 11:34am
Big PermBlazers w/ t-shirts trigger me. This madness must be stopped08/04/2015 - 10:36am
PHX Corphttps://twitter.com/JimSterling Jim Sterling's commentary of the Xbox Gamescom event08/04/2015 - 9:34am
Big PermI'm talking about not being able to fully disable telemetry unless you have Enterprise software. It's just creepy to me08/04/2015 - 9:31am
TechnogeekBig Perm: If you're talking about the image I think you are, then no, not really. The claims it makes are, at best, extremely misleading in many instances.08/04/2015 - 9:28am
E. Zachary KnightBig Perm, That would make logical sense, so of course YouTube would not allow you to set your subscription page as the home page.08/04/2015 - 9:14am
Big PermBy the way. Anyone else kind of spooked by Microsofts data collection that's being reported about Win10? Thinking of finally trying a linux box for general use and Windows for gaming only08/04/2015 - 8:59am
 

Be Heard - Contact Your Politician