Politics & Legislation

Boston Mayor Who Forced GTA Ads from Public Transit Now Appears on Buses Pushing ESRB

July 2, 2009

It wasn't that long ago that Boston Mayor Thomas Menino forced the removal of ads for Grand Theft Auto: Vice City Stories from public transit vehicles operated by the Massachusetts Bay Transit Authority. Menino's office also pushed (unsuccessfully) for video game legislation last year.

Thus, there's irony aplenty to be found in seeing Menino's face plastered onto Boston buses, courtesy of the ESRB.

Last month GamePolitics broke the news that Menino was partnering with the ESRB on a public service ad campaign designed to raise parental awareness of the video game industry's content rating system. The bus ads are just a piece of that campaign which also includes TV spots, radio ads and outdoor print ads.

Locally, the Boston Globe and Boston-based Joystiq blogger Alexander Sliwinski have both taken note of the appearance of Menino's mug on local public transit. According to the Globe, the ESRB forked over $43,195 to the MBTA for the three-month bus ad campaign.

Perhaps not surprisingly, Menino is running for re-election this year. Prof. John Berg of the Suffolk University government department commented on the ads:

They can do this stuff, which is no doubt intended to help the [re-election] campaign, but looks very legitimate because they’re taking advantage of their role as head of the city.

Obama Honors Creator of Game That Helps Kids Cope with Cancer

July 1, 2009

At the White House yesterday, President Barack Obama lauded a California non-profit which publishes a PC game designed to help children and teens cope with cancer.

As reported by the San Mateo Daily Journal, Obama recognized HopeLab and its game Re-Mission as an example of the kind of social innovation that is worthy of support from both the public and private sectors. Praising the work of HopeLab and three other non-profits during a ceremony in the East Room of the White House, the President said:

If we work together — if we all go all-in here — think about the difference we can make. Think about the impact we could have with just the organizations represented in this room.

A White House press release praised HopeLab and its game:

HopeLab is dedicated to finding solutions that have broad impact, and works closely with tweens, teens and young adults to create fun, innovative products that meet their needs. Among them is Re-Mission, HopeLab's groundbreaking video game for young people with cancer. Data show that that Re-Mission improves treatment adherence and other key health outcomes... HopeLab is also developing products to combat sedentary behavior in children as a way to fight the effects of childhood obesity.

C-SPAN video of the ceremony is available here. More details of the event are available via HopeLab's Twitter account.

Germany In Court to Block Access to Austrian Game Retailer

June 22, 2009

Earlier this month GamePolitics reported that German Interior Ministers were seeking a complete ban on the production and sale of violent video games within Germany. Given more recent events, it appears that officials may seek to reach beyond German borders as well.

Although the Bundestag has not yet acted on the ministers' ban request, an online video game retailer based in Austria claims that the German state of Bavaria has moved to blocked access by German customers. VideoGamesZone.de reports that the Bavarian Commission for the Protection of Children Against Media Abuse filed a lawsuit to shut down Austrian online retailer Gameware.at. Company spokesman Chris Veber told VGZ:

We've called our lawyer and are appealing, of course... this is violating the freedom of expression and wrong specifications from the [German ratings body], since we are not sending our products out to minors and do not have videos showing violence at [our site]. We are not breaking any Austrian laws...

The economic consequence would be the [silencing of] Gameware.at. No one would be able to find us on Google, the advertisements would be gone, no magazine would be allowed to mention our name...

Veber conceded that violent games are big sellers for his company and that 80% of his customers live in Germany.

Meanwhile, longtime GP reader Soldat Louis reports that last week the Bundestag passed a law to block access to some websites. This would appear to be the legal vehicle being employed against Gameware.at:

Officially, the goal is to struggle against child pornography. But in reality, many people fear that it could be a giant Internet censorship system...  Indeed, now that the law has been passed, Thomas Strobl, head of the CDU for Baden-Wurtemberg state, called to extend it to "killergames"-related websites...

Global Voices Advocacy has more, including information on German citizens who are protesting the government's new policy.

GP: We'll be monitoring the German situation closely.

Louisiana Bill Targeting Sexually Explicit Games Dies in Committee

June 19, 2009

Louisiana Senate Bill 152 began life as a clone of Jack Thompson's failed Utah legislation and died quietly this week in the Commerce Committee of the Louisiana House, according to The Old River Road, a blog which tracks Louisiana politics. Although we haven't yet seen a post about SB 152 at TORR, blogger Charlie Buras dropped us a line via Twitter last night to say the bill expired in committee.

Between birth and death SB 152 was completely reworked by its sponsor, Sen. A.G. Crowe (R). As for Thompson, he was nowhere to be seen in the process. The truth in advertising legal theory advocated by the disbarred Miami attorney quietly morphed into proposed civil sanctions against those who would distribute sexually explicit material to minors. The need for such legislation is not entirely clear, since such conduct is already an offense under Louisiana criminal law.

Although Crowe's Senate colleagues passed the bill overwhelmingly, House members seemed less impressed. At a hearing earlier this week the bill was diverted to the Commerce Committee.

UPDATE: The Times-Picayune has more details, including word that the Commerce Committee voted 12-2 to kill the bill. The estimated $1.6 million cost to administer the bill didn't help any. (GP: thanks to longtime reader BearDogg-X for the link!).

British Parliament Forms Video Game Study Group

June 12, 2009

The British Parliament has formed a working group to address issues related to the U.K. video game industry.

Edge Online reports that Labour MP Bill Olner (left) will head the All Party Parliamentary Group on the Computer and Video Games Industry. Of the newly-formed group, Olner said:

All-Party Groups can be a highly effective vehicle to raise and discuss issues amongst interested Parliamentarians. I congratulate [U.K. game developers associartion] Tiga for showing leadership in instigating the creation of Westminster’s first All Party Parliamentary Group for the Computer and Video Games Industry, and for providing its secretariat. The entire All Party Parliamentary Group is looking forward to working with Tiga in discussing issues crucial to the video games industry.

Passed By Louisiana Senate, SB 152 Targets Sexually-Explicit Content

June 11, 2009

By a 35-0 vote yesteday, the Louisiana Senate passed SB 152, a bill which would make a pattern of distributing sexually explicit material to children a deceptive trade practice under state law.

GamePolitics readers may recall that in its original form, SB 152 was drafted by disbarred Miami attorney Jack Thompson as a back-door means of enforcing ESRB content ratings. The original SB 152 mirrored Thompson's Utah bill, which was vetoed by Utah Gov. Jon Huntsman (R) in March. However, bill sponsor Sen. A.G. Crowe (R, at left) subsequently gutted Thompson's focus on age ratings from the bill, amending it instead to its new focus on the distribution of sexually explicit material to minors. It should be noted that distributing such material to minors is already an offense under Louisiana's criminal statutes.

Unlike the Utah bill, SB 152 doesn't make reference to video games, advertising, age ratings or any specific product, for that matter. However, Sen. Crowe did mention video games as an example during yesterday's session:

This body has over the years passed numerous laws to protect our children... And with the growth of...  the market of materials that would be considered by most of us here objectionable as it relates to obscenity such as that is found... in video games either rented or purchased, could fall again into the hands of some of our children. So it is a step in the direction of moving, passing legislation that would allow for, again, protecting our children from this type of thing...

Oddly enough, SB 152 specifically excludes the Internet from its provisions. These days the online world would seem the most likely source for a child to stumble upon sexually explicit material. 

The nature of sexually-explicit conduct defined in the bill would seem to exclude any ESRB-rated video game published to date. It seems clear that a game meeting the standard defined in the bill would have already been rated Adults Only (AO) by the ESRB. Curiously, the bill does not relate its provision for sexually-explicit conduct to the legal definition of obscenity. Should the bill eventually be signed into law, this could prove to be a fatal flaw from a constitutional sense.

Now that it has been passed by the Senate, the next stop for SB 152 is the Louisiana House of Representatives.

GamePolitics readers can watch yesterday's debate on SB 152 by clicking here. Scroll down to "Chamber" for June 10th. The SB 152 segment begins at 4:01:39.

UPDATE: A knowledgeable video game industry source criticized SB 152 in comments to GamePolitics:

The bill as passed by the Senate is clearly unconstitutional. It would penalize the sale of sexually oriented material to minors, but does not require that the material be legally obscene for minors, referred to in Louisiana as 'harmful to minors,' or 'obscene,' as U.S. Supreme Court precedents mandate. This was the same flaw that doomed the Illinois 'sexually explicit video games' law.
 
While it might seem that mainstream retailers have little to fear from the amended bill, as they don't carry pornography, the fact that a single depiction in an otherwise unobjectionable video game, DVD, or other material could open a retailer to liability is of grave concern.

ESA Boss Talks Politics and the Video Game Biz at E3

June 5, 2009

During Tuesday's E3 state-of-the-industry speech ESA boss Mike Gallagher touched on a number of issues. In this post we'll take a look at his comments on politics and the video game industry:

On Barack Obama's Xbox Live campaign ads:

Then-presidential candidate Barack Obama purchased advertising space within video games during his presidential campaign... In doing so, Obama became the first presidential candidate to use video games to engage voters and court their support. Others will inevitably follow...

On state-funded financial incentives for video game developers:

You may recall that Texas Governor Rick Perry delivered our keynote address last year... A true advocate for the industry, he backed up his words over the past year. He proclaimed February 3 “Entertainment Software Day” in Texas. Then, in April, he supported [legislation] tripling the economic incentive programs in Texas for digital interactive media production...

 

A growing number of elected officials increasingly view incentives for video game companies as an essential component in any plan designed to revive a local economy... This year, 18 states have actively considered legislation to create or significantly expand existing incentive programs for digital interactive media development and production...

On restrictive video game content legislation:

Of course, there remain some in government who still seek to lay society’s ills at our doorstep. We are vigilant in defending the interests of the video game ecosystem...

 

We have seen demonstrable proof that [the Video Game Voters Network's] powerful activism can stop a bad legislative proposal from becoming an even worse law. In Utah, for example, gamers stepped up, encouraging Governor Jon Huntsman to reject a piece of flawed legislation. The governor heeded their call and, in March, vetoed the bill. This decision represented a great win for both gamers and the industry at large. For the first time, a governor vetoed legislation that would have profoundly affected video games, consumers and the industry...

GP: With all due respect to Gallagher, from here it seemed that the industry's substantial lobbying efforts in Utah had far more to do with Gov. Huntsman's veto than e-mails generated by the VGVN.

That said, Gallagher's speech was a notable improvement over the 2008 version for a couple of reasons. First, it was moved to the L.A. Convention Center's comfortable and cozy theater. Last year's speech was delivered in a cavernous - and mostly empty - meeting room. More importantly, after wrapping up this year's talk Gallagher provided a question-and-answer period, something he didn't offer his audience in 2008.

During the Q&A I took the opportunity to ask Gallagher about the U.S. Supreme Court's pending consideration of California's violent video game law. If the Court rejects California's bid, I asked, did the ESA boss think the other 49 states would take notice and stop attempting to legislate games?

No, [they] won't... 12 times we've been to federal court and had those statutes overturned, [but] they continue to do it... We'll face challenges in different states at different times. What I can you tell you is, our advocacy and the growth of our industry is beginning to turn that issue around. An example I would point to is the number of legislators who introduce these bills has stopped. They didn't do it this year. That happened in North Carolina, it happened in Massachusets, it happened in Michigan and other states. And in some of those cases, we've taken our harshest critics and turned them around to where they are sponsoring legislation to give our industry incentives to locate in their state. So I see opportunity for this industry to continue to make its case...

 

We are going to turn that issue. And we are having an impact today. But we continue to have to be very vigilant...

Trade Used Games in Florida, Get Thumbprinted

May 29, 2009

If you want to trade in your used games in Broward County, Florida, prepare to give up your thumbprint.

The Broward-Palm Beach New Times reports that the local sheriff's office began requiring game traders to submit to thumbprinting in October, 2008:

Broward County Sheriff's Office spokeswoman Kayla Concepcion said the new requirement comes straight from the Florida Legislature, which enacted a law... that treated video games like second-hand goods sold at pawn shops. Now any store buying used video games has to collect the thumb prints, along with a bunch of other personal info about the seller.

Boston Mayor to Partner with ESRB on Ratings Awareness Campaign

May 27, 2009

He has been one of the video game industry's most aggressive critics in the past, but GamePolitics has learned that Boston Mayor Thomas Menino (D) will partner with the ESRB on a public service ad campaign designed to raise parental awareness of the video game rating system.

The campaign, unveiled in Boston by Menino and ESRB President Patricia Vance, will feature T.V. and radio ads as well as outdoor print ads. Of the media blitz, Menino said:

Parents want control of the media that comes into their homes, and the entertainment that their children enjoy. That’s why it’s so imperative that we educate parents about useful and informative tools like the ESRB ratings and rating summaries, so they’ll be empowered to make informed choices about which games they deem appropriate.  I’m proud to be educating parents in our city about the tools at their disposal.

With today's news, Menino joins a number of high-profile elected officials around the country who have partnered with the ESRB on game ratings awareness campaigns over the past several years. Given Menino's track record as a video game industry critic, the turnabout is especially significant.

In 2006 Menino led a campaign to have Grand Theft Auto ads removed from public transit. In 2007 his office flirted with video game legislation authored by Jack Thompson. The Boston Mayor's video game bill was eventually submitted to the legislature in 2008, but died in committee.

Menino, who earlier this year touted Boston as a game industry-friendly city in an effort to attract jobs, is running for an unpredecented fifth term as mayor.

Fun Facts From EA's Annual Report

May 22, 2009

The annual report of game publishing giant Electronic Arts landed in GP's inbox this morning. Typically, reading through these things is a surefire remedy for insomnia, but EA's contains a few tidbits worth mentioning.

1.) EA's failed bid to gobble up Take-Two cost the company $21 million:

As a result of the terminated discussions [with T2], we recognized $21 million in related costs consisting of legal, banking and other consulting fees...

2.) EA uses DRM (you knew that) and is watching for piracy online:

We typically distribute our PC products using copy protection technology, digital rights management technology or other technological protection measures to prevent piracy... We are actively engaged in enforcement and other activities to protect against unauthorized copying and piracy, including monitoring online channels for distribution of pirated copies, and participating in various industry-wide enforcement initiatives, education programs and legislative activity around the world.

3.) Only 3% of EA employees are unionized, and they all work for DICE:

As of March 31, 2009, we had approximately 9,100 regular, full-time employees, of whom over 5,100 were outside the United States... Approximately 3 percent of our employees, all of whom work for DICE, our Swedish development studio, are represented by a union, guild or other collective bargaining organization.

4.) GameStop and Wal-Mart are EA's biggest customers; each accounts for 14% of EA sales:

Worldwide, we had direct sales to two customers, GameStop Corp. and Wal-Mart Stores Inc., which each represented approximately 14 percent of total net revenue for the fiscal year... the concentration of our sales in one, or a few, large customers could lead to a short-term disruption in our sales if one or more of these customers significantly reduced their purchases or ceased to carry our products...

5.) EA worries about game content legislation and its potential effect on sales:

Legislation is continually being introduced in the United States... for the establishment of government mandated rating requirements or restrictions on distribution of entertainment software based on content... Other countries have adopted or are considering laws regulating or mandating ratings requirements...  Adoption of government ratings system or restrictions... could harm our business by limiting the products we are able to offer to our customers...

6.) EA worries about falling victim to a Hot Coffee incident but has taken steps to prevent it from happening:

If one or more of our titles were found to contain hidden, objectionable content, our business could suffer... Retailers have on occasion reacted to the discovery of such hidden content by removing these games from their shelves, refusing to sell them, and demanding that their publishers accept them as product returns.

We have implemented preventative measures designed to reduce the possibility of hidden, objectionable content from appearing in the video games we publish. Nonetheless, these preventative measures are subject to human error, circumvention, overriding, and reasonable resource constraints.

Legal Expert Says California's Supreme Court Bid is Likely to Fail

May 22, 2009

An expert on media law has told the Christian Science Monitor it is unlikely that the United States Supreme Court will accept California's petition to review the constitutionality of its violent video game law.

Dave Kohler (left), who heads the Southwestern Law School Donald Biederman Entertainment and Media Law Institute, told the CSM:

For a variety of reasons, I don't think [the Justices will] take [California's case]. The most significant one is the fact that if you apply this [violence] standard to video games, then you have to apply it to television, movies, and pay cable shows as well.

You're talking about the central topic of many of the great works of literature throughout history.

Aong that line, the CSM takes note of the 2001 ruling by Judge Richard Posner of the U.S. 7th Circuit Court. In striking down an Indianapolis game violence statute, Posner wrote:

To shield children right up to the age of 18 from exposure to violent descriptions and images would not only be quixotic, but deforming; it would leave them unequipped to cope with the world as we know it.

DOCUMENT DUMP: Read Judge Posner's decision in AAMA v. Kendrick.

GU Comics Has Fun with California Supreme Court Appeal

May 22, 2009

This week's announcement that California would ask the U.S. Supreme Court to review the constitutionality of its 2005 violent video game law did not escape the notice of Woody Hearn, who draws GU Comics.

At left is Hearn's rendition of California State Senator Leland Yee (D), the driving force behind the contested legislation. There's also mention of a mysterious man named "Jack." Who could that be?

Click here to view the full comic.

In Louisiana, Jack Thompson Bill Gutted By Sponsor, Deferred

May 21, 2009

SB 152, the Louisiana Senate bill drafted by Jack Thompson, underwent a rather odd hearing yesterday before the Senate's Commerce, Consumer Protection and International Affairs Committe.

The bill, similar to one vetoed recently by Utah Gov. Jon Huntsman, would have made the sale of an age-restricted item to a minor a deceptive trade practice with potential civil penalties for the seller. As with his failed Utah legislation, Thompson's Louisiana bill was a roundabout way of legislating the ESRB rating system. Although SB 152 did not mention video games specifically, they were clearly the intended target.

However, at yesterday's hearing, bill sponsor Sen. A.G. Crowe (R, at left) proposed amendments which essentially gutted the measure. Crowe told the committee that he "conferred with industry, with staff and with constitutional attornies" on the changes.

Crowe's amendments, which appeared to perplex his Senate colleagues, turned the focus of the bill from age-rated consumer items to pornography. Crowe noted that the original intent of the measure was to protect children from violent video games, but said that concerns over constitutional issues led him to focus on pornography instead.

The sale of pornography to minors is already illegal, however, leading Sen. Danny Martiny (R) to grill Crowe at length about the bill:

Why? What are we fixing? What we're doing here... is we're taking something that's already criminal and making it a deceptive trade practice...

 

It's not very clear at all where you're going with this...

Ultimately, Crowe voluntarily deferred the measure; the amendments changing its focus to pornography were not added. SB 152 remains listed with the Louisiana Senate but is not assigned to a committee. For now, at least, it appears sidetracked.

As for Thompson, he did not testify at the hearing, nor was his name mentioned. GamePolitics asked him to comment about SB 152 but the disbarred attorney declined.

Japanese Political Party Targets Rape Games

May 21, 2009

In the wake of the controversy generated by RapeLay, one of Japan's political parties has issued a general condemnation against computer games featuring forced sex.

The news comes by way of erotic games site Sankaku Complex (NSFW):

Japan’s Koumeito party, long a member of the ruling coalition, has condemned adult games featuring sexual coercion and violence as being a highly negative influence on Japan’s tiny rates of sex crimes. They are calling for a ban or further restrictions on their sale.

GP: I'll confess to having little knowledge of Japanese politics. Meanwhile, Sankaku Complex veers off into a rant, as one might expect for a site that supports such games, so I'll just leave it there.

Via: Kotaku

California A.G. Rips Violent Video Games

May 21, 2009

California Attorney General Jerry Brown (D), whose office will handle California's U.S. Supreme Court appeal of a lower court ruling that the state's 2005 violent video game law is unconstitutional, ripped such games in an interview with Ben Fritz of the Los Angeles Times:

These video game makers are shamelessly exploiting vulnerable children for profit. And in the same way pornography can be banned, pornographic violence can be banned as well.

I think, as Justice [Robert H. Jackson] once said, that the Constitution is not a suicide pact*. Disseminating this kind of poison to children is noxious.

However, the Christian Science Monitor notes that Brown is said to be eyeing a run for governor in 2010. Entertainment lawyer Ezra Doner told the CSM:

It's political grandstanding [by Brown]. It's a no-lose proposition for the attorney general. Who would say they don't want to keep children safe?...

 

[Brown] may want to focus national attention on the political balance of the Supreme Court. Picking such a hot-button issue as this would bring national attention to the court just as the president goes about choosing another justice.

* As per Wikipedia:

"The Constitution is not a suicide pact" is a rhetorical phrase in American political and legal discourse. The phrase expresses the belief that constitutional restrictions on governmental power must give way to urgent practical needs.

BREAKING - California Appeals Video Game Law to U.S. Supreme Court

May 20, 2009

For the first time ever, the United States Supreme Court will consider a case involving a restriction against the purchase of violent video games by minors.

GamePolitics has just received the news by way of a press release from the office of California State Senator Leland Yee (D). It was Yee who sponsored the contested video game law as an Assemblyman in 2005. The bill was signed into law by Gov. Arnold Schwarzenegger in October, 2005, triggering a court battle with between the state and the video game industry which will now extend to the U.S. Supreme Court.

The law, scheduled to take effect January 1st, 2006, never became effective due to an injunction issued by U.S. District Court Judge Ronald Whyte in December, 2005. Judge Whyte would eventually go on to permanently enjoin the law in August of 2007, ruling it unconstitutional. Gov. Schwarzenegger, however, ordered an appeal to the U.S. 9th Circuit Court.

In February of this year, a three-judge panel of the 9th Circuit upheld Judge Whyte's ruling, leaving the U.S. Supreme Court as California's last option, an option that Gov. Schwarzenegger has now chosen to exercise. Schwarzenegger's comments are contained in the press release:

I signed this important measure to ensure parents are involved in determining which video games are appropriate for their children. By prohibiting the sale of violent video games to children under the age of 18 and requiring these games to be clearly labeled, this law would allow parents to make better informed decisions for their kids. I will continue to vigorously defend this law and protect the well-being of California’s kids.

For his part, Yee, a child psychologist by trade, said:

I am hopeful that the Supreme Court – which has never heard a case dealing with violent video games – will accept our appeal...  

 

Passing this law was not easy and thus we should not expect the court proceedings to be any different. The multi-billion dollar video game industry relies on the revenue generated by the sales of these extremely violent games to children; thus they have the desire and resources to fight this cause at every turn.  Despite their high-priced lobbyists, they were unsuccessful in the Legislature and despite their high-priced lawyers, I am hopeful they will inevitably face the same fate in the courts.

California Attorney General Jerry Brown (D), whose office will handle the SCOTUS appeal, added:

California’s children are exposed everyday to video games that glamorize killing sprees, torture and sexual assault. In the face of this brutal violence, I am petitioning the Supreme Court to allow the state to enforce its reasonable ban on violent video game sales and rentals to minors.

The A.G.'s office has initiated the appeal by filing a petition for a writ of certiorari. As GamePolitics readers may recall from the recent Jack Thompson appeal, the Supreme Court process dictates that the justices as a group will consider California's petition in private conference at a later date. If four of the nine justices vote to grant California's petition, the case will advance to the filing of briefs. Otherwise, the appeal will end.

Online Video Game Predators Among Those Targeted by Alabama Bill

May 18, 2009

In a time when pedophile cases in which suspects contact their victims through online video game networks are on the rise, Alabama Governor Bob Riley (R) will consider legislation that seeks to protect children from high-tech predators.

WAFF-48 reports that SB 120 is headed to the Guv for his signature after the Alabama House passed the bill on Friday. The measure, proposed by Sen. Myron Penn (D, at left) had previously gained the approval of the State Senate.

SB 120 makes illegal any use of an electronic device to solicit a child and includes cases in which law enforcement personnel are posing as children. From the WAFF report:

The bill outlaws many new ways that predators try to solicit minors... predators can be prosecuted for luring text messages from cell phones, PDA's and even video game systems...

European Union Wants a Two-Year Guarantee on Game Software

May 15, 2009

Consumers would be guaranteed that their games would work for two years under a proposal being considered by the European Union Commission.

The BBC reports that Commissioners Viviane Reding and Meglena Kuneva want to expand current consumer protection regulations to include licensed software. Such a move would encompass games as well as virtually every other type of software. Of the proposal, an EU spokeswoman said:

The current status quo, where licensed products are exempt from EU law, is unsatisfactory... On the one hand there is the risk of abuse [by consumers], but on the other it's not a good enough reason to say basic consumer protection should not apply.

While anyone who has struggled to get a PC game to run will appreciate the intent of the proposal, the video game industry has not reacted with enthusiasm. Is anyone surprised? Dr. Richard Wilson, who heads game developers' lobbying group Tiga, told the BBC that the new regulations could stifle innovation:

Consumers need good quality products - that is only reasonable - but if the legislation is too heavy-handed it could make publishers and developers very cautious... Games takes years to develop and software teams often have to predict what new technology will be in place when the game is actually finished.

If there is an onus on developers to have software that is 'near perfect' then it could stifle new ideas as people could end up just playing it safe.

Meanwhile, Francisco Mingorance of the Business Software Alliance had the best line of the day (even if he is spinning the issue of behalf of Microsoft, Apple and other big corporations):

Digital content is not a tangible good and should not be subject to the same liability rules as toasters.

GP: We still have fond memories of those flying toasters from the After Dark screen saver.

With U.S. Supreme Court Appeal Deadline Approaching, What Will California Do?

May 13, 2009

The Sacramento Bee laments the big bucks paid out by California to reimburse the video game industry's legal costs in fighting the state's 2005 video game law, and wonders if there are more expenses to come.

The video game measure, proposed by State Sen. Leland Yee (D) and signed into law by Gov. Arnold Schwarzenegger, has been - so far - held to be unconstitutional by the federal courts. The Bee notes that the tally of California's payments to the video game industry now exceeds $382,000. That figure does not include the state's costs for its own legal team.

The crucial question - which must be decided by May 20th - is whether California will appeal to the U.S. Supreme Court. Adam Keigwin, Yee's chief of staff, commented on the pending decision:

That would be a small price to pay to save children and to give parents a tool. At what cost do you stop doing what you think is right?

Luxembourg Legislates Against Violent Games

May 12, 2009

We don't have many details on this one, but The Station Network reports that new legislation before the Parliament of tiny Luxembourg seeks to block sales of violent video games to minors:

New legislation was introduced through parliament yesterday meant to protect minors by punishing online sexual predators and violent video game makers...

“It's very bad that people make money by selling games where you can decapitate people to minors,” [Minister for Justice Luc] Frieden said. Those who provide games and movies that are too violent to young people will be condemned. Judges will determine the degree of violence.

While it is unclear what is driving the current legislative push, we note that Luxembourg is only a few hundred miles from Winnenden, Germany, the site of the horrific March 11th school shooting rampage.

GamePolitics ShoutBox

Posted 07/04/09 at 09:24pm
PHX Corp: For those that want to know what i watching it's called man vs cartoon(a.k.a fixing Wile E. coyote's Mistakes one trap at a time by EMERTEC)
Posted 07/04/09 at 08:20pm
GoodRobotUs: Went out for my Mum's 65th Birthday, which is the only relevance 4/7 has in the UK for me ;)
Posted 07/04/09 at 08:18pm
Andrew Eisen: Beach + fireworks + root beer + strawberries, blackberries, raspberries, whipped topping, and pound cake = my Fourth of July!
Posted 07/04/09 at 07:58pm
GoodRobotUs: Which seems to be the only point Jack proved, that some people find some games offensive. i.e. Nothing.
Posted 07/04/09 at 07:57pm
GoodRobotUs: The discussion was supposed to be whether games were dangerous not 'Do you find some games offensive'...
Posted 07/04/09 at 07:55pm
GoodRobotUs: Some agreed, some didn't, but it was their choice to make, not the governments.
Posted 07/04/09 at 07:55pm
GoodRobotUs: By asking the audience their opinion, he more or less proved that it's a matter of personal choice
Posted 07/04/09 at 07:55pm
GoodRobotUs: Meh, he ended proving Mark's point for him
Posted 07/04/09 at 07:26pm
Erik: Jack if you are reading this you are a LIAR. There is no legal weight to the MPAA's ratings.
Posted 07/04/09 at 07:24pm
JDKJ: I still think my buddy the midget who rides a unicycle backwards while juggling four bowling pins would have been a much bigger hit with that crowd. And he can make up statistics and misinterpret studies, too.
Posted 07/04/09 at 06:33pm
Alyric: Of course, Mark falls into the common trap about Columbine, which had nothing to do with bullying, etc. See: http://slate.msn.com/id/2099203/?GT1=3256 for a more thorough explanation.
Posted 07/04/09 at 06:32pm
PHX Corp: Read this http://www.destructoid.com/sgc-09-liveblogging-the-jack-thompson-debate-138502.phtml#ext
Posted 07/04/09 at 05:54pm
PHX Corp: JT is afraid of such ban then advocates it That's what i call a total Hypocrite
Posted 07/04/09 at 05:50pm
PHX Corp: AE: JT is a -Bleeping- Jackass
Posted 07/04/09 at 05:07pm
Andrew Eisen: JT "knew it would be a good audience." Not what he said on Tuesday.
Posted 07/04/09 at 05:01pm
Andrew Eisen: VG cause violent behavior. VG companies influence behavior to get sales. Yeah, that makes sense. (To be fair, the Twitter feed makes deciphering JT's point pretty tough.)
Posted 07/04/09 at 04:52pm
Andrew Eisen: Yes, it's been proposed but as far as I know it has not been passed. Big difference.
Posted 07/04/09 at 04:50pm
Cheater87: http://www.gamezine.co.uk/news/formats/xbox360/all-violent-video-games-be-banned-in-germany-$1301757.htm
Posted 07/04/09 at 04:49pm
Andrew Eisen: Far as I know, Germany has not banned all violent video games.
Posted 07/04/09 at 04:44pm
Cheater87: Jack wants the US to follow Germany's total video game ban.
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