Op-Ed Focuses on Retail Implications of Schwarzenegger Case

October 18, 2010 -

Entertainment Software Association (ESA) chief Michael Gallagher, along with Michigan Retailers Association (MRA) CEO James Hallan, took to the Lansing State Journal website for an opinion piece outlining the Schwarzenegger vs. EMA Supreme Court battle could impact retailers.

The piece states that the “misguided” California law—which contains “subjective and indefinite language” in relation to what would constitute an offensive game—is “particularly concerning for retailers,” because “the retail industry has already taken giant strides toward ensuring that violent videos do not end up in children's hands.”

According to the opinion piece, the “vague law” could be trouble for retailers because:

Retailers also would face the threat of potential civil lawsuits by individuals who might disagree with the ratings assigned to games. That risk would influence the games retailers choose to carry in their stores, even for purchase by adults, inevitably leading to fewer consumer choices.

Nor is it only about video games. The law broadly opens the door for restrictions on other First Amendment-protected works, like books, movies and music. How could one logically say that video games are somehow illegal, but books and movies - many of which have the same title and content - are acceptable?

ESRB game ratings, retail enforcement of the ratings and parental control features on game consoles are working and render the California law unnecessary argue the co-authors.


Comments

Re: Op-Ed Focuses on Retail Implications of Schwarzenegger ...

They will protect the children my making sure NO ONE OF ANY AGE can buy these games.

Re: Op-Ed Focuses on Retail Implications of Schwarzenegger ...

How could one logically say that video games are somehow illegal, but books and movies - many of which have the same title and content - are acceptable?

Simply put, logically, you can't. Illogically, however...

Re: Op-Ed Focuses on Retail Implications of Schwarzenegger ...

Stating that games' interactivity makes them qualitatively different from other forms of media is logically consistent.

It happens to be factually incorrect (at least in this context), but it's not illogical.

Re: Op-Ed Focuses on Retail Implications of Schwarzenegger ...

Then they need to address those "choose the ending" dvds and those "choose your own adventure" books. Those are interactive.

Re: Op-Ed Focuses on Retail Implications of Schwarzenegger ...

On the one hand, there's a pretty big difference between flipping between pre-written narratives and wielding a gun and shooting characters with it in real-time.

On the other, remember the outcry against Night Trap in the 1990's?  That game wasn't any more interactive than the DVD's you're talking about.  So on those grounds, you make a pretty good comparison.

 
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Matthew WilsonI think its a good article, and devs can take some lessons from life is strange.04/24/2015 - 10:24pm
Andrew EisenI tinyURL'd it. The world is safe!04/24/2015 - 10:23pm
Matthew Wilson@AE my bad there is nothing I can do about that.04/24/2015 - 10:21pm
Andrew EisenLooks like the spoiler is right there in the URL.04/24/2015 - 10:20pm
Matthew Wilsonhttp://tinyurl.com/ok9pf6b a interesting opinion piece on the life is strange episode 2, and a dark event that happens in it. full warning major spoilers.04/24/2015 - 10:11pm
Matthew Wilson@mech no just she, nor her co workers have not. she never said it is not real.04/24/2015 - 8:58pm
MechaCrashWas she saying "I haven't experienced it," or "I haven't experienced it therefore it does not exist"?04/24/2015 - 8:31pm
ZippyDSMleeoy the skyrim paid mod thing is going over well. My 2 lints, I would not mind if Skyrim had a full SDK and not a crappy lil editor....04/24/2015 - 6:46pm
Andrew EisenWell, that is indeed crappy and nonsensical.04/24/2015 - 3:45pm
Matthew Wilsonshe got attacked for saying that she personaly has not experienced the harassment some other female devs have, and she got acused of defending GG and ignoring harassment. she ended up getting dog piled because of it.04/24/2015 - 3:43pm
Andrew EisenFine but do you recall ANY details at all?04/24/2015 - 3:38pm
Matthew Wilsonit was several weeks ago now, and I will admit to not saving it.04/24/2015 - 3:36pm
Andrew EisenAttacked HOW and by WHOM for not writing off WHO as evil? Do you have a link or anything?04/24/2015 - 3:31pm
Matthew Wilsonthat is the whole point she was not attacked for saying anything. she was attacked for being willing to debate in the first place, and not just write them off as evil.04/24/2015 - 3:28pm
Andrew EisenI know there's not a lot of room in the Shout box but goodness you're being vague.04/24/2015 - 3:26pm
Andrew EisenGreat, but that STILL doesn't tell me what she said, why she was attacked (or what the attack was) or what "standard line" she's following. Details, man. Details!04/24/2015 - 3:25pm
Andrew EisenOr what the heck Nina White (someone else I've never heard of) is actually referring to.04/24/2015 - 3:24pm
Matthew Wilson@AE she is a game dev. she used to do stuff with hormanix and now works with https://outact.net/#!/?page_id=2 she will often engage and debate both side.04/24/2015 - 3:23pm
Andrew Eisen...following.04/24/2015 - 3:23pm
Andrew EisenYou mean focus on stopping the bad behavior of those who are doing it rather than condemning all the people that associate with them? Great. But I still don't know who Emma Clarkson is, what she said, why she was attacked or what "standard line" she's04/24/2015 - 3:23pm
 

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