A Legal Analysis of Brown v. EMA

July 8, 2011

            No doubt everyone has heard the good news out of the Supreme Court last week. Video games are saved from government censorship based on violent content, California’s law prohibiting the sale of violent video games to minors is invalid, good times had by all. This article is for those curious as to the how and why of this outcome, and will take readers through the Court’s principal opinion written by Justice Scalia (which is the governing law and will be used as precedent everywhere in the US from now on) as well as touch on a few points from other opinions penned by other Justices.

 

Lead Counsel In SCOTUS Violent Games Case Lays Out Arguments

October 7, 2010

The lead counsel for the video game industry in the upcoming Supreme Court fight against California’s proposed violent video game restrictions outlined the problems with the state’s legal arguments in a recent public appearance.

Speaking at an intellectual property forum at Chicago-Kent University last week, Jenner and Block LLP Partner Paul M. Smith said that no matter how a state defines "extreme" violence in such laws, they will run into constitutional problems with vagueness.

"I've litigated nine cases in a row where states have tried to define the category nine different ways – and they always lose when they make this case because violence is considered a perfectly appropriate and normal part of what we give our kids to see starting from a very young age," he said.

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Experts: Chris Christie's Video Game Proposals Would Face Uphill Legal Battles

April 24, 2013

While New Jersey Governor Chris Christie may not let his children play Call of Duty or any other mature rated games, and even though retailers like GameStop and the ESRB work hand-in-hand to make sure his children can't even buy those games without some sort of identification to prove their age, it hasn't stopped the governor from convening a task force and proposing new laws that would require that parents give permission to buy the games children can't get their hands on.

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Super Podcast Action Committee - Episode 39

February 4, 2013

This week's show focuses on indie developers and an excellent editorial on various bills aimed at video game violence. This week hosts Andrew Eisen and E. Zachary Knight talk about an indie game that got a Canadian gentleman fired from his day job, another indie developer calling Kickstarter stretch goals "bullsh*t," and a discussion on this Popcults.com editorial. All this and the latest GamePolitics poll results await in Episode 39.

Children's Rights Advocate and Attorney: Video Games Are Not The Problem

January 18, 2013

Children's rights advocate and attorney Paul Mones (@MonesPaul on Twitter) delivers a "Perry Mason moment" in a new editorial over at the Huffington Post titled "Video Games Hold No Answers." In it Mones notes that making a connection between violent crimes committed by teens based on the video games, movies, or even mu

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'The Underground Railroad in the Ohio Valley River' Hopes to Teach Fourth Graders About Slavery in America

January 11, 2013

Ball State University (in Muncie, Indiana) professor Ronald Morris and computer science professor Paul Gestwicki have teamed up with graduate students to create a Unity-based game that teaches fourth grade students about the Underground Railroad (thanks to Polygon). The game is called The Underground Railroad in the Ohio Valley River and puts students in the shoes of a runaway slave who must make his or her way to Canada where they can live a free life.

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ACLU Warns of Rush to Blame Video Games for Newtown Shooting

December 24, 2012

The American Civil Liberties Union (ACLU) has weighed in on the rush to place the blame on video games as a cause for the Newtown, Connecticut shootings that resulted in the death of 20 children and six adults. ACLU Legislative Counsel Gabe Rottman wrote on the group's web site that rushing to blame violent video games will lead to "the worst facts, and they will make the worst laws if we let them."

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Canton Police Buy Expensive Game Simulation for Training

November 19, 2012

The 86-officer strong police department in Canton, Ohio is purchasing video game-like simulation technology called the MILO Range Pro 4 system. Developed and sold by IES Interactive Training, the MILO Range Pro 4 system offers more than 500 crime-scene scenarios to improve police skills in the field - from talking a suspect down in a threatening situation to last resort tactics like shooting suspects. The police department expects to have its officers using the system by sometime early next year.

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The Law of Digital Games Begins Today in Boston

November 5, 2012

The two-day conference, The Law of Digital Games kicks off today at the Seaport Boston Hotel in Boston, MA. The event explores the intersection of video gaming and the law and how each can have an impact on the other in both positive and negative ways. Topics include everything from free-to-play games and hiring and agent to user privacy and protections.

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The War Z Copies League of Legends TOS

October 17, 2012

Arktos Entertainment Group, the makers of the MMO The War Z, had an embarrassing moment this week as users on this Reddit thread revealed that the company copied the League of Legends terms of service agreement and inserted it into their game. Oops. This is particularly embarrassing because the company was founded by a Riot Games employee Sergey Titov...

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Kixeye CEO Blasts Zynga as Former CityVille GM Faces Setback in Court

October 17, 2012

While Kixeye has taken some heat recently for being accused of having a culture of institutional racism, the social developer has been fighting Zynga on another front. Zynga sued former CityVille general manager Alan Patmore, claiming that when he left the firm he took 763 confidential files from Zynga containing game designs from teams in the company.

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'Law of the Game' Heads to Dublin for Panel Discussion on Online Gambling

September 27, 2012

Mark Methenitis, proprietor of the wonderful Law of the Game blog, will be crossing the pond to attend the International Bar Association Annual Conference in Dublin, Ireland (Sept. 30 - Oct. 5).

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Valve Changes Steam Subscriber Agreement to Eliminate Class Actions, Add Mandatory Arbitration

August 1, 2012

In an announcement made this morning over at the official Steam web site Valve Software revealed a change to its Steam Subscriber Agreement that makes it so that subscribers can no longer file class action lawsuits against the company (Federal Arbitration Act). Under the terms of the new agreement, Steam users agree not to form a class action lawsuit against the company, using a "dispute resolution" process to deal with complaints on an individual basis (arbitration).

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Recreating Crime Scenes Through Software: IC-CRIME

July 25, 2012

Using the Unity 3D game development engine, researchers from North Carolina State (who are leading the development), Arizona State University, and Indiana University, have developed a simulation that allows crime scene investigators to look at a crime scene from multiple angles.

Legal Experts: Colorado Shooting Lawsuits Likely to Fail

July 23, 2012

Families of victims and survivors of the deadly shooting at the Dark Knight Rises opening movie who might want to sue the film studio Warner Bros or other companies such as AMC theaters, but experts say that history shows these lawsuits don't tend to get very far because it's tough to prove a liability. The reason that such lawsuits usually fall flat is because companies are rarely held liable for "intentional crimes of non-employees" and the ruling in Brown v.

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White House Endorses Cybersecurity Bill

July 20, 2012

President Barack Obama yesterday urged members of the U.S. Senate to pass the Cybersecurity Act of 2012 and encouraged representatives of Congress to draft and pass a similar bill quickly, saying:

Sandra Day O'Connor's 'Counties Work' Game Launches

May 3, 2012

The nonprofit started by retired Supreme Court Justice Sandra Day O'Connor has launched an online game to teach children about their local government. O'Connor is spending her time in retirement pushing the idea that children and Americans in general need to learn more about their state, local, and federal governments. The game is called Counties Work, and was put together by O'Connor's group iCivics and the National Association of Counties.

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Washington State Offers Virtual Worlds Crime Course to Law Enforcement

April 30, 2012

Local and State Law enforcement and parole officers in Washington are invited to take part in a one-day training program that deals with crimes in virtual worlds. The course is the result of a grant from the U.S. Department of Justice, Bureau of Justice Assistance to Drakontas and Drexel University.

The free one-day course, "Addressing Crime in Virtual Worlds & Online Gaming Worlds," aims to help law enforcement personnel "identify, investigate, and prevent crimes involving virtual worlds and online video game worlds."

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Video Game Law, 2nd Edition Released

April 23, 2012

Video Game Law, 2nd Edition is now available, for those interested in the new book that delves into the various legal issues that the videogame industry faces on a regular basis. The book was written by Jon Festinger, Q.C., Chris Metcalfe & Roch and Ripley, and published by LexisNexis Canada.

The $80, 300-page paperback covers the overlap amongst various issues including intellectual property law, freedom of speech issues, defamation, privacy issues, best practices for licensing, employment issues, and more.

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2012 Games for Change Festival Details

April 19, 2012

This year's Games for Change Festival is set for June 18-20 in New York City. The event dedicated to promoting social change through video games will offer plenty of activities this year including case studies, roundtables, lectures, demos, and more. Featured speakers for this year's event include Jane McGonigal, New York Times bestselling author (Grand Theft Childhood) and co-founder of SuperBetter Labs; leading researcher, Dr.

Epic and Virtual Heroes Team Up for Unreal Government Network

March 27, 2012

Epic Games has inked a long-term deal with Virtual Heroes, a division of Applied Research Associates, Inc. (ARA). The Virtual Heroes Division of Applied Research Associates creates collaborative interactive learning solutions for healthcare, federal systems, and corporate training markets. Virtual Heroes will use Unreal Engine technology to create interactive educational and training software to be used by various U.S. government departments and agencies.

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The University of Minnesota’s Distraction Dodger

February 2, 2012

The University of Minnesota has developed an online video game called Distraction Dodger, which teaches young drivers about the dangers of doing stupid things while driving. You know, eating, drinking, using your cell phone, texting - those kinds of things. In the game, players drive a virtual pizza delivery truck with the goal of delivering those pizzas while facing a number of distractions like eating and using a cell phone. At the end of the game session, the player is given feedback on how they did.

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Law of the Game Invades Game::Business::Law 2012

December 30, 2011

Mark Methenitis of the Law of the Game Blog updated the site with news that he will be hosting a panel at Game::Business::Law 2012 called "Paying and Playing." The panel will take place on the afternoon of the second day (January 25). Details on the panel are forthcoming. You can read about all of the panels and discussions that will take place at the annual event here.

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Greek Team Creates Amnesty International Game

December 19, 2011

A team of 19 Greek game developers have donated their time and effort to create a videogame for international human rights group, Amnesty International. The game is part of the group's ongoing campaign to raise international awareness about human rights violations and push for the global ban of the death penalty.

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Stop Suing the Game Companies Because They Said So

December 7, 2011

As we mentioned in a previous post, the new Xbox 360 Dashboard has been quickly making its way to users today.

As with any new product, you get the fine print of Terms of Service, and Microsoft is following on the heels of Sony and Electronic Arts with their own "no sue" provision in their updated wall of text.

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Judge OKs Developer's Suit Against Beyonce

December 7, 2011

A Manhattan judge has cleared the way for a video game maker to continue a $100 million lawsuit against singer Beyonce.

The suit, originally filed in April, had been on hold pending whether the case should be thrown out, but without explanation, Manhattan Supreme Court Justice Charles Ramos ruled the case for breach of contract by Gate Five LLC could move forward.

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Retired SCOTUS Justice Sandra Day O'Connor Launches Civic Impact Challenge

September 16, 2011

Retired U.S. Supreme Court Justice Sandra Day O'Connor has teamed up with the Verizon Foundation to celebrate Constitution Day by launching a national contest for middle schools students. The goal of the contest is ultimately to teach youngsters about the importance of our country's most important document and about the important role of civics in modern society.

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Insomniac's Ted Price to Keynote Game::Business::Law 2012

July 26, 2011

Insomniac Games CEO and President Ted Price will serve as the first keynote speaker for Game::Business::Law 2012. The annual event dedicated to video games and the law will take place January 25 and 26, 2012 at SMU in Dallas, Texas. In his keynote, Price will discuss the strategy behind the soon-to-launch social games subsidiary, Insomniac Click. Insomniac is headquartered in Burbank, CA and has a second studio in Durham, NC. The 2012 event marks the fourth year of the two-day event.

On the second day of the conference, the Texas Entrepreneur Network will hold a two-hour games funding forum for up and coming developers. A panel of attorneys, video game business development officials, and venture capitalists will evaluate four organizations' requests for funding to hopefully bring their projects to life.

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Games for Change Festival Invades NYC

June 20, 2011

The 8th annual Games for Change Festival kicks off today in New York City. The event, which runs until June 22, is taking place at the NYU Skirball Center. The event is dedicated to using games to deal with the most pressing social and political issues that affect the world today by breaking down cultural barriers, shifting perspectives and driving actions in the real world.

This year's event features several sessions addressing games from an international perspective including one focusing on Games For Change in Europe.

In May 2011 the Chamber of Commerce in Valenciennes launched the first European Games for Change Festival. Highlights from the first event will be shared with the audience, including some of the new games and European award winners. The session will be presented by Jean-Michel Blottiere, Owner, NX Publishing; Sandra Faggioni, Digital Creation Project Manager, CCIV / POLE IMAGE NPDC and several European award-winners.

Playmatics Gets a $1 Million for Shadow Government

April 22, 2011

New York City-based social games developer Playmatics has managed to raise $1 million from several Swiss-based angel investors. The company will use the investment to further develop its social networking game Shadow Government.

Shadow Government uses real countries, political systems, and worldwide events as its key elements to allow players to build, manage, and destroy virtual nations. Playmatics is working with government-modeling software developer Millennium Institute for the project.

Along with the simulation tools, which real-world organizations have been using to test responses for real-world events, Playmatics is using economic and sustainability data to create Shadow Government. The Millennium Institute hopes this educational game will eventually be incorporated into school curricula.

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PHX Corphttp://kotaku.com/ea-sports-developer-calls-wii-u-crap-and-nintendo-wa-508481261 EA Sports Canada Moron calls Wii U 'Crap' and Nintendo 'Walking Dead'05/18/2013 - 11:42am
E. Zachary KnightIf the videos are of sufficient quality that people subscribe and watch regularly, then those let's players are providing a service that people want. That is the heart of capitalism. That is not something that should be shamed.05/17/2013 - 8:06am
E. Zachary KnightI have no idea who either of those people are. However, I still don't see why making a business out of creating let's play videos is somehow evil or wrong.05/17/2013 - 8:04am
MaskedPixelanteIt sure is if you're just doing it for the money. See Tobuscus and/or Pewdiepie for what happens when people get into it just for the money.05/17/2013 - 7:30am
E. Zachary KnightWhy is it wrong to make money doing LPs? Why should that be something that should be shamed?05/17/2013 - 6:20am
MaskedPixelantehttps://twitter.com/PsychedelicSA/status/335183893214924801 Now here's an interesting, glass half full thought about the Nintendo LP thing. It outs the people who are just doing LPs to make money.05/17/2013 - 5:56am
E. Zachary KnightI responded in writing to all this "let's play" stuff Nintendo Started. No need for my permission, I won't give it. It's not mine to give. http://divineknightgaming.com/?p=29205/16/2013 - 2:21pm
E. Zachary KnightLars Doucet of Levelup Labs has a Reddit going on game companies that allow monetization of Let's Play videos. http://www.reddit.com/r/Games/comments/1egayn/lets_build_a_list_of_game_studios_that_allow/05/16/2013 - 1:04pm
Sleaker@Imautobot - yah I wouldn't use an emulator as a good first run test of how stable the console is, haha.05/16/2013 - 11:47am
E. Zachary KnightThe 50th person to jump off a bridge is just as dumb if not dumber than the 1st.05/16/2013 - 10:03am
MaskedPixelanteYeah, let's all jump on Nintendo for doing this, even though they're hardly the first company to do this...05/16/2013 - 9:47am
E. Zachary KnightWow Nintendo, this is wrong. http://kotaku.com/nintendo-forcing-ads-on-some-youtube-lets-play-video-50709238305/16/2013 - 8:44am
Imautobot@Sleaker, further gameplay has revealed that the controller button do stick under the faceplate. Also, The NES emulator (Emuya)keeps crashing on me, though I think a bad ROM is causing it.05/16/2013 - 7:10am
Papa MidnightAE: I wonder if any other publishers will follow suit.05/15/2013 - 8:12pm
Andrew EisenEA is ditching Online Pass. http://venturebeat.com/2013/05/15/ea-kills-its-controversial-online-pass-program/05/15/2013 - 7:20pm
Avalongod@Zach and quicnkold...I've read the bill and the intent of it is to fear-monger. It's not a balanced message. I don't recall the ESRB being mentioned at all. It's more "keeps your kids away from these movies/games or they'll become violent"05/15/2013 - 4:35pm
E. Zachary Knightquiknkold, The big problem with that legislation is the amount of misinformation out there. Who is going to ensure that the information in the pamphlet is accurate?05/15/2013 - 3:25pm
quiknkoldREBeardogg : I'm on the fence about this. on one side, I want parents to be aware of the ESRB, and even Movie Ratings. On the other hand, I feel this will be used for nothing but Propaganda. The ESRB does a good job.05/15/2013 - 3:07pm
IanCFrostbite is coming out on iOS devices. Yet the Wii U cant handle it? *coughbullshitcough*05/15/2013 - 2:31pm
BearDogg-Xhttp://www.politickernj.com/65515/lesniak-ruiz-bill-limit-children-s-exposure-media-violence-clears-senate - Bill requiring schools to publish pamphlets with anti-fake media "violence" propaganda clears NJ Senate05/15/2013 - 2:03pm
 

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