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. Solidarity for the Saints = No retreat, no surrender. 2013 = Saints' revenge on the NFL. 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. Solidarity for the Saints = No retreat, no surrender. 2013 = Saints' revenge on the NFL. 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 EisenNow, having said that, what sites are you reading that are claiming that if "you self-identify as a Gamer, you're immediately the problem" or that gamers are "obligated to stop harassment"? Or was that hyperbole too?09/21/2014 - 1:03am
Andrew EisenFirst of all, ONE person in the Shout box suggested an obligation to call harassers out on their harassing but only after YOU brought it up. Plus, Techno said "when you see it happening." If you don't see it, you're not under any obligation.09/21/2014 - 1:02am
Sleaker@Craig R. - at this point I don't even know what the hashtags are suppsed to be in support of. what does GamerGate actually signify.09/21/2014 - 12:21am
Sleaker@AE - Hyperbole for the first 2, but it seems like some of the comments in the shout are attempting to place blame on fellow gamers because they aren't actively telling people to stop harassing even though they don't necessarily know anyone that has.09/21/2014 - 12:16am
Andrew EisenSleaker - Who the heck are you reading that is claiming "all gamers are bad," we "need to pass laws or judgement on all gamers," that if "you self-identify as a Gamer, you're immediately the problem," or that gamers are "obligated to stop harassment"?09/20/2014 - 9:44pm
erthwjimhe swatted more than just krebs, I think he swatted 30 people http://krebsonsecurity.com/2014/05/teen-arrested-for-30-swattings-bomb-threats/09/20/2014 - 9:31pm
Craig R.Btw, the guy who swatted security expert Brian Krebs? He got picked up recently. It can be done.09/20/2014 - 8:55pm
Craig R.Such things are not done in a vacuum... hence why the 4chan and other logs show what fools you've all been, tricked into doing the trolls' work09/20/2014 - 8:49pm
Sleaker@Technogeek - How do you call someone out that anonymously calls in a SWAT team, or sends threats to people?09/20/2014 - 7:04pm
Technogeek"It also doesn't mean you're obligated to stop harassment from all gamers that are doing so." I'd say you're certainly obligated to call them out when you see it happening.09/20/2014 - 5:17pm
SleakerNow if you disagree with anything in my last 2 posts then we obviously have a difference in world view, and wont come to any sort of agreement. I'm fine with that, maybe some people aren't?09/20/2014 - 5:09pm
SleakerIt also doesn't mean that just because a news outlet says that Gamers are the problem and you self-identify as a Gamer, you're immediately the problem. It also doesn't mean you're obligated to stop harassment from all gamers that are doing so.09/20/2014 - 4:59pm
SleakerJust to re-iterate: People getting harassed is wrong. Just because someone is harassed by so called 'gamers' doesn't mean that all gamers are bad. nor does it mean that you need to pass laws or judgement on all gamers.09/20/2014 - 4:56pm
SleakerAnd furthermore just because someone doesn't 'crusade against the evil' that doesn't make them the problem. You can have discussion with those around you. There's a thing called sphere of influence.09/20/2014 - 4:54pm
Sleaker@Conster - one person getting harassed is a 'problem' only so far as the harassee's are doing it. Just because a select few people choose to act like this doesn't make it widespread. Nor does it immediately make everyone responsible to put an end to it.09/20/2014 - 4:54pm
james_fudgeno worries09/20/2014 - 4:15pm
TechnogeekI misread james' comment as "we can't have a debate without threatening" there at first. Actually wound up posting a shout about death threats and "kill yourself" not technically being the same thing before I realized.09/20/2014 - 3:59pm
james_fudgeDon't hit me *cowers behind Andrew*09/20/2014 - 3:20pm
ConsterYou take that back right now, james, or else. *shakes fist menacingly*09/20/2014 - 3:00pm
james_fudgeOur community is awesome. We can have a debate without threatening to kill each other.09/20/2014 - 2:50pm
 

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