Law of the Game Tackles Brown v. EMA Decision

July 11, 2011 -

Mark Methenitis finally delivers a Law of the Game column over on Joystiq that tackles the Brown v. EMA Supreme Court decision. First he apologizes for the delay, then jumps right into the important take-aways that impact the industry and the public.

First he points out that the Supreme Court decision was the "best possible outcome, both for the game industry and for the public at large" and that the opinion "was the most consistent with existing case law and contemporary First Amendment legal theory." In other words, it's a decision that was actually born out of the application of constitutional law and earlier precedents set by the court. He also notes that it was a very good thing that the Supreme court ruled that new types of media - interactive or otherwise - should not be treated any differently than past or current forms of media like books and movies.

Next he talks about obscene content and how the definition has been set for very many years. This excerpt below is pretty compelling on that subject:

"The law in the United States has been pretty well settled on what we consider 'obscene' for quite some time, and the Court's continued stance that those boundaries should not be changed was quite reassuring to the preservation of free speech. To be frank, the Court's discussion of violent content in children's material was more or less perfect, as was the indication that interactivity in media does, to some degree, pre-date the game industry. With this opinion, it seems unequivocal that violent speech, in the Unites States, is simply off the table for regulation at all levels, provided the means of production are not illegal already."

Methenitis goes on to analyze the opinion of Justice Alito and the dissenting views of Justices Thomas and Breyer in great detail. As is the case with Law of the Game columns on Joystiq, this latest edition is thoughtful, in-depth and informative, even if it is a slight bit tardy. You can read the whole thing here.


 
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BillI think he got rolled twice. They made him mad enough to insult a possible advertiser. Other advertisers are going to notice this. It may be cathartic for him, but it's not good business.10/23/2014 - 9:17am
Billhttp://gawker.com/how-we-got-rolled-by-the-dishonest-fascists-of-gamergat-164949657910/23/2014 - 9:14am
Andrew EisenMarvel also shows it understands that once it leaks, it's out there and went ahead and officially released the trailer. https://www.youtube.com/watch?v=tmeOjFno6Do10/22/2014 - 9:36pm
E. Zachary KnightMarvel's response is the best.10/22/2014 - 9:31pm
Andrew EisenI'll be streaming some games tonight at 8p PST in preparation for Saturday's marathon. twitch.tv/andreweisen10/22/2014 - 9:30pm
Adam802http://www.cbsnews.com/news/3d-video-games-surprising-concern/10/22/2014 - 9:16pm
MaskedPixelanteI'm not sure how to feel about Ultron's mouth. I'm sure he has one in the comics, but this is getting dangerously close to Transformers "Optimus has a defined mouth and it looks super weird" territory for me.10/22/2014 - 8:49pm
Andrew EisenMarvel on the leaked Avengers 2 trailer: https://twitter.com/Marvel/status/52507165630662656010/22/2014 - 8:09pm
E. Zachary KnightI squeed like a little girl when I watched the leaked Avengers Age of Ultron trailer. So much awesome.10/22/2014 - 6:47pm
quiknkoldI have a problem with games that use a digit for sequals when clearly they can be called something else. Five Nights at Freddy's 2? Nonono. Its "Another Five Nights at Freddy's" or "Five Nights Week 2"10/22/2014 - 5:30pm
E. Zachary KnightExtra Credits has come out against GamerGate. https://www.facebook.com/ExtraCredits/posts/86104175727438610/22/2014 - 5:28pm
E. Zachary Knightis it really that hard to answer a question, that to me seems fairly straight forward? I ask, because I have asked a specific question now 3 times without an actual answer in the wastebook thread.10/22/2014 - 5:20pm
Andrew EisenFive Nights at Freddy's 2! Yay! https://www.youtube.com/watch?v=lVPONdZBh6s10/22/2014 - 5:07pm
Matthew Wilsonyou guys know he doesnt work for ea anymore?10/22/2014 - 5:02pm
WymorenceYou forgot having to open Unity through Origin too. :p10/22/2014 - 4:37pm
MaskedPixelanteUnity will now be licensed out half finished, with remaining tools to be sold back to you for 10-15 dollars a piece.10/22/2014 - 3:23pm
E. Zachary KnightNot a big fan of this news, but Unity3D's CEO is stepping down and John Riccitiello steps up. http://gamasutra.com/view/news/228384/Helgason_steps_down_as_Unity_CEO_and_John_Riccitiello_steps_up.php10/22/2014 - 3:06pm
MaskedPixelanteIt's probably extremism.10/22/2014 - 12:07pm
Matthew Wilsonthat being said, they are more likely to blame religious extremists than games.10/22/2014 - 12:01pm
Matthew Wilsonlets just hope they dont try to blame video games.10/22/2014 - 12:00pm
 

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