Much has been written about RapeLay since the controversial Hentai game was discovered for sale on Amazon a few months back.

But while the debate thus far has largely centered around whether Japan, where RapeLay and most similar titles originate, should allow games featuring sexual violence to be published, a recent court ruling suggests that U.S. citizens who possess RapeLay and games of its ilk may be guilty of a federal offense.

Wired's Threat Level blog reports that on Monday the 4th U.S. Circuit Court of Appeals refused to consider the appeal of Dwight Whorley, a Virginia man who was convicted in U.S. District Court of possessing actual kiddie porn. But, under what is known as the 2003 Protect Act, prosecutors also charged Whorley with possessing manga which depicted minors having explicit sex. From the relevant section of the Protect Act:

Any person who... knowingly possesses a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that—

 

(1) (A) depicts a minor engaging in sexually explicit conduct; and

(B) is obscene; or

(2) (A) depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; and

(B) lacks serious literary, artistic, political, or scientific value... shall be subject to the penalties provided...

(c) Nonrequired Element of Offense.— It is not a required element of any offense under this section that the minor depicted actually exist.

Threat Level also cites a similar conviction against Christopher Handley, a comic book collector who imported sexually explicit manga containing illustrations of child sex abuse and bestiality. Unlike Whorley, Handley possessed no actual child pornography.

So how does this connect to the RapeLay situation? A [NSFW] review of the game posted on Something Awful describes graphic, forced sex with a mother and her two minor daughters, the youngest of whom appears to be about ten years old. Save for the fact that it's interactive, RapeLay is not much different from the type of hardcore manga which earned federal time for Whorley and Handley.

We should note that a single judge on the 4th Circuit dissented from the opinion upholding Whorley's conviction and urged that the case be sent to the U.S. Supreme Court. But for now, at least, owning a copy of RapeLay seems like a risky legal proposition, indeed.

Cleveland's Fox 8 has a video report (not embeddable, unfortunately) - including courtroom footage - on yesterday's sentencing of Daniel Petric.

The 17-year-old was sentenced by Judge James Burge from 23 years to life in prison for the 2007 murder of his mother and wounding of his father. The incident was apparently sparked over the parents refusal to permit their son to play Halo 3.

The subject of game consoles in prisons is invariably a controversial one.

Some think that convicts don't deserve what might be considered a luxury. Others believe the relaxation afforded by gaming might make prison a safer place.

But U.K. newspaper The Guardian reports that officials at Britain's Rye Hill prison have removed PlayStations 3s from the inmate population over fears that prisoners will use the system's built-in WiFi capability to communicate with those on the outside. A prison official told The Guardian:

PlayStation 3 consoles are barred on the grounds that they have the capability to send and receive radio signals as an integral part of the equipment.

Some inmates were said to be chatting with friends. No information is provided on how those inmates obtained access to a WiFi signal, which might seem to be at least as important an issue, if not more so.

GamePolitics readers may recall that a similar issue was raised last month by Britain's Serious Organized Crime Agency.

UPDATE: IncGamers contacted the British Ministry of Justice and learned that Internet-capable consoles are already banned. This is not the first time that there has been confusion in the U.K. on this issue.

A social game for web-capable mobile phones parodies rogue financier Bernie Madoff's long-running Ponzi scheme, reports CNNmoney.

Made Off, available from publisher Cellufun, allows players to create virtual scams of their owns, promising other players investment returns of up to 20%. Player need to continually attract new "investors" in order to pay back the older ones, lest their Ponzi scheme collapse. No real money is involved. Instead, players trade "cellupoints."

Cellufun CEO Neil Edwards, who says his game pokes fun at the jailed Madoff, not his victims, told CNN/money that Made Off has an educational component:

When your fund goes broke, you go, 'Holy crap, I didn't invite enough people... There is a lot of misconception and confusion on what happened. People don't really understand a Ponzi scheme."

A blurb on the game's website describes the action:

Play as a slimy Fund Manager, a savvy Investor, or both. The game will end without warning when the Feds finally crack down on the Cellufun community, and people managing Funds will get to keep all the Cellupoints invested in them. Investors will keep all the Cellupoints they've acquired through interest payments as well. And we'll give trophies to those who have "made off" with the most profits...

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...

The flight sim community suffered a terrible blow recently as malicious hackers essentially destroyed a longtime website which catered to aircraft game devotees.

The BBC reports that Avsim, launched in 1996, was devastated when hackers trashed both of its servers. Founder Tom Allensworth said in a statement:

The method of the hack makes recovery difficult, if not impossible. AVSIM is totally offline at this time and we expect to be so for some time to come. We are not able to predict when we will be back online, if we can come back at all.

Derek Davis, editor of PC Pilot magazine, told the BBC:

It looks like 13 years of hard work on Tom's part could have been wiped out. Avsim is an important site, because it services the whole community as a source of community developed terrains, skins, and mods - its contribution has been immeasurable....

Via: Ars Technica

Bomberman and Nazis - how often do you see those two in the same headline?

Negative Gamer reports that a former German politician, Martin Budich, has been arrested for allegedly invoking violence against Nazis via the well-known video game character.

Budich, who opposes the Nazi agenda (good for him), apparently took his fervor a bit too far by exhibiting the protest poster at left on a website. The image shows Bomberman holding a cake with a burning fuse serving as the candle. The text translates to “No cake walk for Nazis.”

According to Negative Gamer's interpretation of a Heise report, Budich's posting of the Bomberman graphic has been blamed by prosecutors for contributing to an "aggressive atmosphere" at an anti-Nazi demonstration in Bochum last October.

This wasn't Budich's first bust on such charges. He apparently has an earlier conviction in a similar case (sans video game characters).

Via: Destructoid

The debate over whether prison inmates should be allowed video game consoles is one that surfaces periodically.

But the head of Britain's Serious Organised Crime Agency offered a new twist this week when SOCA director-general Bill Hughes claimed that jailed crime lords were controlling their illicit empires via Internet-enabled video game consoles. U.K. newspaper the Times reported Hughes's comments:

If you are locked up, how do you communicate with others? And we have been highlighting the fact it is not always with mobile telephones. There is other technology used — people are using PlayStations to charge their mobile phones and are playing games interactively with others, so are able to communicate with them.

The Prison Service is concerned that prisoners are using interactive games to talk to people outside the prison. Communication is the name of the game and criminals are looking to exploit new technologies. Prisoners have rights and they have access to the internet...

U.K. prison officials, however, expressed outrage over Hughes's remarks, which apparently caught them off-guard. A spokesman for the Prison Service told the Times:

Prisoners have never been allowed access to wireless enabled technology such as that used in some games consoles. Nor would they ever be allowed access to such technology.

A decision was taken some years ago that the then-current generation of games consoles should be barred because the capability to send or receive radio signals is an integral part of the equipment.

Although the Times mentions that SOCA chief Hughes later apologized privately to prison boss Phil Wheatley, the newspaper also reports that SOCA is standing by its original claim.

As GamePolitics has previously reported, U.K. prisons allow inmates with good behavior to use game consoles. Potentially suicidal inmates are also permitted to play.

Via: Kotaku

A bill under consideration by the Texas House of Representatives may require convicted sex offenders to register account names at online gaming networks with law enforcement authorities.

As HB 22 is currently written, the measure would seem to encompass online gaming venues such as Xbox Live, PlayStation Home and Second Life. However, no specific reference to online gaming appears in the bill, which has cleared committee but has not yet been taken up on the House floor.

In fact, a stricter interpretation of HB22 might preclude sex offenders from places like XBL and SL entirely. That's because the bill bars sex offenders from using the Internet to access commercial social networking sites. Such a prohibition which might reasonably be extended to encompass the increasingly prominent social aspects of online gaming venues.

With an increasing number of pedophile arrests stemming from contacts made via online gaming venues, expect to see more bills like this going forward.

At this point, HB 22 has passed neither the Texas House or Senate. Its next stop will be the House floor. If it passes there, the Senate will take it under consideration.

Via: G4 by way of GameCulture

The head of the Entertainment Software Association has praised the 10-month sentence handed down to a San Jose media pirate.

As GamePolitics reported last December, Khuong Van Truong's trouble with the law began when his 2-year-old son wandered into a busy intersection. When police returned the toddler to his home, they discovered the pirating operation as well as a variety of alleged drugs.

Police seized more than 11,000 bootleg video games, 4,000 DVDs and 300 audio CDs. The pirated goods were valued at an estimated $420,000. ESA CEO Michael Gallagher praised the sentence:

Significant jail sentences in cases like Van Truong’s highlight the seriousness of game piracy as a crime and reflect the material harm inflicted on the artists and entrepreneurs who make computer and video games possible.

We applaud the work of both the San Jose Police Department and the Santa Clara County Office of the District Attorney for their hard work and dedication to bringing this game pirate to justice.  The ESA and its members will continue to support all law enforcement efforts to prosecute any individuals involved in the theft of entertainment software to the maximum extent of the law.

GP: To be honest, the jail time seems rather light from here, given that Van Truong was described by the San Jose Mercury-News as one of the biggest pirates on the West Coast.

When it comes to shipping rental DVDs, does the U.S. Postal Service give preferential treatment to big fish like Netflix and Blockbuster?

Video game renter Gamefly thinks so and has filed a complaint with the USPS, according to WebProNews:

Gamefly mails 590,000 video games monthly, and between one and two percent of those games is broken in transit or stolen along the way... at $50 per game that could be upwards of $600,000 lost in a month...

 

According to the complaint, the investigation also found that competitors Blockbuster and Netflix DVDs were manually removed from bulk mail and not processed through machines. This led to the company’s allegations of discriminatory treatment.

In addition to mangling Gamefly's DVDs in its mail sorting machines, the postal service found that its employees were stealing the company's games as they went through the system. In fact, 19 USPS workers have been arrested by Postal Inspectors for ripping off Gamefly.

DOCUMENT DUMP: Grab Gamefly's complaint here.

An appeals court has ruled that the parents of Tennessee brothers who went on a 2003 sniper spree which they claimed was inspired by Grand Theft Auto III are personally liable for damages caused in the incident.

One driver was killed and another seriously wounded when the brothers, then 15 and 13, opened fire on vehicles traveling along I-40.

The Knoxville News reports that parents Wayne and Donna Buckner, facing lawsuits in the case, hoped to have their homeowners' insurance settle the claims against them. A county judge agreed, but the Buckners' insurance company, Metropolitan Property and Casualty Insurance, appealed the ruling. A state Court of Appeals judge reversed the decision, leaving the parents liable in the case.

From the newspaper account:

According to lawsuits filed in the case, the boys claimed they never intended to hurt anyone when they began firing .22-caliber rifles at the trailers of rigs traveling on I-40... They insisted their sniper fire was inspired by the video game Grand Theft Auto...

The boys spent a few months in a juvenile detention facility for their crimes.

The Buckners' insurance company balked when brought into the lawsuits that followed the shootings, arguing the policy specifically excluded damages resulting from injury or damage "reasonably expected or intended by you."

A 2003 lawsuit filed on behalf of victims by Jack Thompson against Rockstar, Take-Two Interactive, Sony and Wal-Mart was later withdrawn. For additional details on the original case, check out David Kushner's 2005 article for Salon.

This video shows anti-war protesters yesterday as they marched with police escort to the Franklin Mills Mall in Philadelphia where they delivered a symbolic "criminal complaint" to U.S. Army recruiters and the mall's management company.

The demonstrators were protesting the Army's use of a high-tech, video game-equipped recruitment center located in the mall.

There was a significant police presence as the protesters arrived. They were permitted to enter the mall and stage their rally at the entrance to the Army Experience Center.

As the rally ended, seven protesters, mostly in white masks, were arrested, presumably for refusing to disperse. The arrests were peaceful and appeared to be scripted by the protesters as a symbolic gesture.

UPDATE: A press release on yesterday's protest has been issued by its organizers.

UPDATE 2: The local Fox outlet has a video report.

A 21-year-old Wisconsin man who stands accused of stealing more than $12,000 from his fraternity has blamed his crime on video game addiction.

As reported by the Wisconsin State Journal, Jose Tavarez confessed to authorities that he used a fraternity debit card to buy games and computer gear. At the time, Tavarez was the treasurer of his frat at the University of Wisconsin-Madison:

Tavarez... told police he used a fraternity debit card to buy video games because his bank account is linked to his parents’ and he did not want them seeing that he spent his money on the games...

A list of suspicious purchases on the card... included about 70 purchases at game-oriented businesses, along with many others from online stores selling computer goods...

Some people really shouldn't have children.

The Cincinnati Enquirer reports that a 50-year-old man has been arrested for allegedly beating his six-year-old son over poor performance in an unspecified video game:

Terry Taulbee, 50, is held this morning on a domestic violence charge at the Hamilton County jail.

Taulbee is accused of hitting the boy on his lower back and buttocks, leaving a large red hand mark, court records state. The area swelled and caused pain for the child.

Recently, GamePolitics broke the news that a press kit for Electronic Arts' The Godfather II included, among other items, a set of brass knuckles.

As we pointed out, possession of brass knuckles is illegal in Pennsylvania where GP HQ is located. Kotaku subsequently noted that they are illegal in its Colorado home base, as well. As it turns out, brass knuckles are considered a prohibited weapon in a number of states.

A few days later, in a carefully-worded phone call, an EA rep advised us that the publisher would send a pre-paid shipping envelope in which we could return the brass knuckles. Not long after, a FedEx mailer arrived with an unsigned note on plain white paper:

Hello,

 

Pursuant to EA's phone call to you, please use the enclosed mailer for return of the brass curio item.

 

Thank you.

FedEx picked up the "brass curio item" from GP HQ on Friday, thus bringing to a close what has to rank as one of the biggest public relations gaffes in the history of the video game biz.

On Tuesday GamePolitics broke the news that Electronic Arts had shipped brass knuckles to some game reviewers as part of its press kit for The Godfather II.

While the promo materials for the game were cleverly done, brass knuckles are, as we pointed out, illegal in Pennsylvania, where GP is headquartered. Merely possessing them is a first-degree misdemeanor. Apparently, that's the case in a number of other states, as well.

We asked EA for comment on Tuesday; a P.R. rep returned our call on Thursday afternoon. After delivering a brief script, the EA rep did the conversational equivalent of invoking the Fifth Amendment. Our chat went something like this:

EA: I hope you're enjoying our Godfather II press kit, including the novelty brass knuckles. To help you take proper care to dispose of the item, we're sending you a pre-paid shipping package.

 

And I can't discuss this any further.

 

GP: Are you doing this with all of the journalists who received the brass knuckles? Or just me because I wrote about them?

 

EA: I can't discuss this any further.

Despite the rep's exercising his right to remain mostly silent, it's now clear that EA has been contacting other media outlets in an effort to put the toothpaste back in the tube retrieve the brass knuckles.

Over at Joystiq, Justin McElroy writes that he's waiting for EA's return mailer to arrive. At Kotaku, Brian Crecente reports an EA phone call quite similar to mine:

The [EA] representative that contacted me said that the company wanted to make sure that the brass knuckles were "properly disposed of." He declined to comment any further... Electronic Arts did not respond to emails seeking comment about the legality of the items they shipped and whether they faced any legal actions for shipping them across state lines.

A British man who purchased a pair of used Grand Theft Auto games discovered what appeared to be ecstasy tablets wrapped in plastic and hidden in one of the game manuals.

The Telegraph reports that Richard Thornhill, 34, bought the second-hand games at a GameStation in Gloucestershire:

When I opened the box up, the cling film wrap fell out. I could not believe it. I have two children and my son plays Xbox all the time. He could easily have opened the box and found them.

I dread to think what the consequences would have been if he had. He is only 12. He could have died. It was a pre-used game, but that should not make a difference. My wife is beside herself over this because she keeps thinking about what could have happened and so do I.

The retailer and local police are investigating.

Conservative T.V. talking head Glenn Beck has entertained the notion that video game violence leads to the real thing, but in the aftermath of Sunday's triple cop slaying in Pittsburgh, some critics are drawing a connection between Beck's on-air political rants and accused killer Richard Poplawski's horrific rampage.

The Daily Beast reports that the 22-year old Poplawski is a white supremacist and conspiracy theorist who harbored fears that President Obama will seek to establish some type of "new world order" and remove guns from private citizens.

Poplawski is also a Beck fan:

The alleged killer posted a YouTube clip to [white supremacist site] Stormfront of top-rated Fox News host Glenn Beck contemplating the existence of FEMA-managed concentration camps... Three weeks later, Poplawski posted another Youtube clip to Stormfront, this time of a video blogger advocating “Tea Parties,” or grassroots conservative protests organized by Beck and Fox News contributor Newt Gingrich against President Barack Obama’s bailout plan...

David Neiwert, a veteran reporter on right-wing militia movements... explained that by co-opting conspiratorial rhetoric from the farthest shores of the right, mainstream conservative talkers can inflame the passions of paranoiacs like Poplawski to a dangerous degree...

 

"What it does is unhinge fringe players from reality and dislodges them even further. When someone like Poplawski hears Glenn Beck touting One World Government and they’re gonna take your gun theories, they believe then that it must be true. And that’s when they really become crazy.”

In advance of Electronic Art's release of The Godfather II tomorrow, a promotional package for the game arrived this afternoon. Many others in the gaming press surely received the media kit as well.

As these things go, it's very nicely done: a small wooden cigar box containing a cheap stogie, a pack of matches, a pair of dice and a length of wire (for garroting stool pigeons, no doubt). A few matches are missing from the pack, which bears the scent of burnt sulfur and has a dame's phone number scrawled on the inside cover.

There's also an authentic-looking immigration document with my actual picture attached. Three pages of folded, typewritten notes offer advice from "M. Corleone." The Godfather flavor is unmistakable.

In fact, the kit is so cleverly detailed that I almost hate to point out that one other included item - a set of brass knuckles - is illegal in Pennsylvania, where GP is based:

18 Pa.C.S. § 908: Prohibited offensive weapons

 (a) Offense defined.--A person commits a misdemeanor of the first degree if, except as authorized by law, he... possesses any offensive weapon. 

 

(c) Definitions

       "Offensive weapons." Any bomb, grenade, machine gun, sawed-off shotgun with a barrel less than 18 inches, firearm specially made or specially adapted for concealment or silent discharge, any blackjack, sandbag, metal knuckles... or other implement for the infliction of serious bodily injury which serves no common lawful purpose.

GP: The good news is that I think I'll be able to beat the rap if I can persuade the judge to consider the brass knuckles a curio, since the law does provide an out:

(b) Exceptions.--

 

      (1) It is a defense under this section for the defendant to prove by a preponderance of evidence that he possessed or dealt with the weapon solely as a curio or in a dramatic performance...

Just to be clear, promo materials like this are sent in the course of my work covering games for the Philadelphia Inquirer, not in relation to GamePolitics. EA, clearly, is hoping I will write about The Godfather II for the newspaper.

UPDATE: Stephen Totilo of MTV has also written about unexpectedly receiving the brass knuckles today.

UPDATE 2: We have requested comment from EA on the decision to include brass knuckles in the press kits for the game.