VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle Creativity

October 28, 2010 -

As we inch closer to Tuesday, when oral arguments in Schwarzenegger v. EMA will be presented in front of the Supreme Court, one videogame industry lawyer discussed the impact, in his opinion, a win for California in the case might have on the industry.

Reed Smith LLP’s Patrick Sweeney, council for the firm’s Corporate and Securities Group and specializing in videogames, was quoted in Industry Gamers as stating about a game industry loss in the case, “Certainly less games would be produced and there would be a corresponding job loss.”

Sweeney, continuing, stated that the influence of such a legal defeat could be even deeper:

I believe the independent development community would be severely impacted. Innovation, both from a creative and technological aspect, would also be stifled. The companies, brands and individuals that we should be embracing as the visionaries of this creative and collaborative industry will migrate their talents to a more expressive medium.


Comments

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

Everyone is discussing what a California win would mean...does this mean they expect them to win and are bracing for it?

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

No, but the possiblity hasn't been ruled out.

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

And it's more important now than ever to get the message out that this is a bad law and an important case.

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

I was talking with my friend over lunch about the California law and I had a thought.

I know someone mentioned something about digital distribution but further to that point.  What WOULD the situation be for something like Xbox Live?  If the law was upheld, would retailers have to limit who they sold Microsoft points cards to?  If a minor buys a violent game off the marketplace, who is held responsible?  

Also, if indie game developers were forced to have their games rated by some body, the assumption would be that some cost would be involved.  This significantly stifles the creativity of those who don't have the money to do that and thus can't put the game out on XBLIG.

------- Morality has always been in decline. As you get older, you notice it. When you were younger, you enjoyed it.

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

What WOULD the situation be for something like Xbox Live?  If the law was upheld, would retailers have to limit who they sold Microsoft points cards to?  

Probably not, because those cards are more like pre-paid phone cards.

If a minor buys a violent game off the marketplace, who is held responsible? 

The parent, because a minor has to have parental permission(in the form of a credit card) to join XBox Live. Though a minor could just claim he's 18 to offset that.

Geaux Saints, Geaux Tigers, Geaux Hornets, Jack Thompson can geaux chase a chupacabra. Hell will stay frozen over for quite a while since the Saints won the Super Bowl.

Geaux Saints, Geaux Tigers, Geaux Pelicans. Even through the darkest days, this fire burns always.

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

The parent, because a minor has to have parental permission(in the form of a credit card) to join XBox Live. Though a minor could just claim he's 18 to offset that.

Which would be ironic, because the point of this law is releasing the parents of any responsability of what games are their little angels playing.

 

 

 

------------------------------------------------------------ My DeviantArt Page (aka DeviantCensorship): http://www.darkknightstrikes.deviantart.com

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

It would be interesting in how indie developers or even flash games developers would react if the law is approved. Maybe they will start to create violent content that can be obtain by anyone dispate their age. It´s just a thought, but it would be interesting that independent creators would take the route that mainstream industry would forced to left if the law gets passed. Of course, I expect that doesn´t never happens.

------------------------------------------------------------ My DeviantArt Page (aka DeviantCensorship): http://www.darkknightstrikes.deviantart.com

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

"If the law was upheld, would retailers have to limit who they sold Microsoft points cards to?"

No.

"Also, if indie game developers were forced to have their games rated by some body, the assumption would be that some cost would be involved."

Sure but CA's law doesn't require that unless the game is sold in a California store and its violent content falls under the scope of the law.  Also, the law doesn't force a rating, just a label.

Of course, I haven't actually read the law in quite a while so if I've misspoken, feel free to call me on it.

 

Andrew Eisen

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

“Certainly less games would be produced and there would be a corresponding job loss.”

That is the only thing that the people behind the law really want or at least the only thing that the law will really accomplish.

 

------------------------------------------------------------ My DeviantArt Page (aka DeviantCensorship): http://www.darkknightstrikes.deviantart.com

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

Indeed. They couldn't care less about the children, they just want to destroy an industry they themselves don't like.

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

When comics were censored in the 50s people lost their jobs as well. But the politicians don't give a crap at all they get votes for "protecting the children". It also took the industry 50 or so years to recover. Thats half a decade!!!!!

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

I thionk Stan Lee said the comic book industry has never truly recovered.

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

"It also took the industry 50 or so years to recover. Thats half a decade!!!!!"

1.  That would be half a century.

2.  That's not true anyway.

 

Andrew Eisen

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

Depends on what you mean by "recover".  If you mean in terms of financial success, then yes, Timely/Marvel and National/DC bounced back in the 1960's.  If you mean in terms of content, well, that's a whole other set of questions.  On the one hand, comics are still largely associated with superheroes and also largely looked down on as an immature medium.  On the other, there are many comics that have had mainstream success and critical acclaim, and which also aren't about superheroes.

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

The "comic books are for children" mentaliity has never fully gone away.

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

No indeed, but at least they're faring better than video games at this point as a respected art form.  Maus won a Pulitzer and Watchmen was on the NYT list of the best 100 novels of the 20th century.  Other guys have gotten their share of recognition -- Clowes, Crumb, Gaiman, Brown, Los Bros Hernandez, and the late Harvey Pekar, to name just a few.

But there are still plenty of folks out there who still equate comic books with the Adam West Batman TV series -- which, don't get me wrong, I think is a brilliant version of Batman and just as valid an interpretation as The Dark Knight, but it's a pretty far cry from most modern comics.

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

But keep in mind that comic books have been around much longer(at least twice as long) than video games.

Geaux Saints, Geaux Tigers, Geaux Hornets, Jack Thompson can geaux chase a chupacabra. Hell will stay frozen over for quite a while since the Saints won the Super Bowl.

Geaux Saints, Geaux Tigers, Geaux Pelicans. Even through the darkest days, this fire burns always.

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

Indeed.  Games as a medium are facing the same growing pains that comics did decades ago.  However, I think the game industry has learned a lot from the comics industry's struggle and I don't expect we'll ever see it hit with as severe a setback as the Comics Code -- and games will achieve mainstream recognition as an art form quicker than comics did, I think, since there are a lot more gamers than comics readers today.  (On the other hand, back in the 1940's, just prior to the outcry against comics, they were ubiquitous.)

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

Not to mention there are a good few comics and manga that are clearly not for kids or the feint of heart.

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

Pretty Much Ambassador Donnel Udina(From mass effect series) not to mention Ashely willams saying "And that's why I hate Politicans" sums up the politicans don't give a crap argument you have there cheater

http://www.youtube.com/watch?v=w_FRgOKKquo

 

As I say here, Come Election Day in the United states, "VOTE ALL THE BUMS OUT" on the federal, state and local level

Watching JT on GP is just like watching an episode of Jerry springer only as funny as the fights

America has just became its own version of the Jerry Springer Show after a bizarre moment in Florida involving a carnival worker.

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

Saddest part is some will happily vote bums in so long as the bum is in thier party.

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

Well of course.  If you don't vote for the lizard, the wrong lizard might get in.

 
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Andrew EisenThat was quick! Pretty accurate cosplay of the new Ghostbuster uniform and proton pack: https://twitter.com/mirabellemusing/status/61673135125394227207/03/2015 - 6:23pm
Matthew Wilson@mast I dont know, but I do know it got a cult fallowing here.07/03/2015 - 6:22pm
MastermuneWasn't the Zero Escape series more popular here than in Japan?07/03/2015 - 6:19pm
Matthew Wilson@mast given the game was revealed in the US, I wouldnt be shocked if it was released at the same time.07/03/2015 - 6:15pm
MastermuneI don't trust the big AAA worldwide simultaneous releases though.07/03/2015 - 5:57pm
Mastermune@Infophile I have come to the conclusion that smaller games like zero escape, JRPG's and the like are actually worth preordering sinc they are limited quantities and since they usually release in japan first we know if there are any issues.07/03/2015 - 5:56pm
Infophile@Matthew! Awesome news. I'd preorder on that shout alone if I didn't have a policy against preordering anymore.07/03/2015 - 5:16pm
Matthew Wilsonzero escape 3 was announced today.07/03/2015 - 4:21pm
Matthew Wilson@pnx I am guessing a ddoss since that is what happened to neogaf, but sony needs to do a investment in psn as a whole. steam is still the most reliable and fastest digital platform I use.07/03/2015 - 3:06pm
PHX Corphttp://www.vg247.com/2015/07/03/psn-is-down-sony-investigating/ not again: PSN is down, Sony investigating07/03/2015 - 3:04pm
Matthew Wilsonhttp://www.vg247.com/2015/07/03/digital-extremes-trespasser-keystone-pc/ if true, this is funny and embarrassing for Digital Extremes. companies need too have better security.07/03/2015 - 2:57pm
Matthew Wilsonhttp://www.gamespot.com/videos/the-point-destiny-the-hardcore-gamers-slot-machine/2300-6425852/ this is very good, and well researched.07/03/2015 - 12:41pm
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InfophileRegion-freeing becomes tricky for games with a strong online component though, especially when the servers are run by different branches in different regions.07/03/2015 - 10:41am
InfophileI'm in favor of getting rid of region-locking for any purchased games. I can understand an exception for free, ad-supported games, as many ads are only relevant in certain regions, and it's a ridiculous hassle to get ads for all regions.07/03/2015 - 10:40am
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Matthew Wilsonredit is on fire right now. most subreddits have been set to private.07/03/2015 - 1:24am
MattsworknameYou know andrew, those are actualy rock solid ideas, I woudl like those features a bunch ,especially with games that a cut scene heavly. looking at you kojima!07/03/2015 - 1:18am
Andrew EisenActually, "things I'd like to see become standard in video games" ain't a bad idea for one of my future YouTube videos.07/03/2015 - 1:05am
 

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