Fallout 3 was maybe the best game of 2008. Could an appearance by Bill Clinton have made it even more memorable?

In an interview with Edge Online, Lev Chapelsky, general manager of Blindlight, a Hollywood-based firm which connects actors, writers and musicians with game projects, mentions that he tried to recruit the former president for voice work in Bethesda's best-selling action/RPG:

Celebrity acquisition applies not just to celebrity actors but to sports figures, politicians – we’ve made offers to Bill Clinton for videogames and gotten great responses with attorneys who have said, ‘The former president will not participate in one of your videogame products, thank you very much’...

What project did you ask Bill Clinton for?

 

I think that might have been to play the president in Fallout 3. Wouldn’t that have been brilliant? You get to that point in game and you hear that voice in the ether coming from off-camera and you’re like, ‘I know that guy!’

Via: Fidgit

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...

A bill currently before the New York Assembly would add a one-quarter of one percent tax to the sale or rental of video games and video game hardware.

The measure, A02455, was proposed by Assemblyman Felix Ortiz (D, at left) of Brooklyn. The bill would also tax the sale and rental of movies, admissions to movie theaters and the sale of snack foods and sweet drinks. In addition, corporations would be barred from taking a New York tax deduction for expenses incurred in advertising any of the affected items, including video games and systems.

The proposal is currently before the Assembly's Ways and Means Committee, where it seems likely to remain. This is Ortiz's fourth attempt at similiar legislation since 2003; none have made it out of committee.

Ortiz's proposal is motivated by his desire to address the current obesity epidemic. In the justification for A02455 he writes:

Almost all experts agree that the primary reasons [for the obesity epidemic] are increased consumption of larger quantities of high calorie foods, snacks and sugar sweetened beverages... and lack of physical activity as vigorous play is replaced by sedentary activities such as watching more television, movies and videos and playing video games.

This bill would raise revenues from modest surcharges on the very food products and sedentary activities that are linked to the lifestyle changes involved in the explosion of childhood obesity in the last 20-30 years.

Ortiz estimates that his bill would raise $50 million in revenue which would in turn be used to fund programs designed to counter childhood obesity. Conservative magazine The American Spectator refers to Ortiz as "perhaps the nation’s most prolific author of vice taxes:"

[Ortiz] has a litany of bills before the New York state legislature imposing a $10 tax on visitors to strip clubs, a 25¢-cent tax on bottles of beer and wine, and a fatso tax on soda, sweets, and video games.

With the pending retirement of Justice David Souter from the U.S. Supreme Court, President Barack Obama will have the opportunity to name a replacement.

His choice could have a major impact on the constitutional issues relating to video games, especially if California Gov. Arnold Schwarzenegger decides to ask SCOTUS to consider February's 9th Circuit Court ruling that his state's 2005 video game law is unconstitutional. That decision from Schwarzenegger will come later this month.

Among names being floated for Souter's seat are Gov. Jennifer Granholm (left) of Michigan and 7th Circuit Court Judge Diane Pamela Wood (right). Both have a track record with video game issues.

As Governor, Granholm signed into law a 2005 video game blocking minors from purchasing violent games. The video game industry filed suit and the measure was ruled unconstitutional later that year by a U.S. District Court judge.

For her part, Judge Wood has a rather different history with games. In 2001 she was part of a three-judge Circuit Court panel which overturned an Indianapolis law that sought to limit the access of minors to violent arcade games. That case, AAMA v. Kendrick was the first of what has become an uninterrupted string of court victories in such cases for the video game industry.

Whether Obama appoints Wood, Granholm or another choice, this could be the year that the constitutionality of restricting violent video game sales makes it to the Supreme Court. The possibilities become even more interesting given conservative Justice Antonin Scalia's 2008 comment that such restrictions might pass constitutional muster.

DOCUMENT DUMP: AAMA v. Kendrick

Those pesky Canadians have finally pushed the U.S. Government to the brink.

If the Bushies were still in power we might now be glued to CNN, watching the 82nd Airborne para-dropping into Ottawa. But as it is, the Obama administration has settled for delivering a nasty slap via the office of U.S. Trade Representative Ron Kirk (left).

The issue is copyright protection and the USTR, a cabinet-level post, has been making unpleasant noises in Canada's direction for several years. Today Kirk dropped the hammer, placing Canada on the "Priority Watch List" along with China, Russia, Algeria, Argentina, Chile, India, Indonesia, Israel, Pakistan, Thailand, and Venezuela. From the USTR report:

Canada is being elevated to the Priority Watch List for the first time, reflecting increasing concern about the continuing need for copyright reform, as well as continuing concern about weak border enforcement.

The Entertainment Software Association, which lobbies on behalf of U.S. video game publishers, was quick to applaud the action in a press release. No surprise there, as the ESA has been pushing hard in recent years for Canada to outlaw mod chips and adopt its own version of the consumer-unfriendly Digital Millenium Copyright Act.

In fact, with DMCA-like legislation an issue that Canada's Parliament will soon be considering, a cynic might be forgiven for thinking that the USTR's action was timed for its persuasive value as much as anything else.

Of today's announcement, ESA CEO Michael Gallagher commented:

Putting Canada on the ‘Priority Watch List’ is a signal of the Obama Administration’s commitment to strengthening global intellectual property protection, and its intent to address this issue firmly with the Canadian government. Canada’s weak laws and enforcement practices foster game piracy in the Canadian market and pave the way for unlawful imports into the U.S.

So what does the ESA want from Canada? They have a laundry list:

• Enact legislation outlawing game circumvention devices, such as “mod chips” and “game copiers,” in line with Canada’s international treaty obligations
• Create adequate legal incentives for internet service providers (ISPs) to work with copyright owners in combating online piracy
• Provide Customs officials with adequate authority to make ex officio seizures of counterfeit and pirate product at the border; and,
• Provide adequate resources to anti-piracy enforcement efforts and make prosecution of intellectual property crimes a high priority.

For JFK fans or those with an interest in history, a just-released free app for iPhone/iPod Touch delivers the full audio and text of President Kennedy's January, 1961 inaugural address.

The best-known line from that speech, of course, is:

And so, my fellow Americans: ask not what your country can do for you—ask what you can do for your country.

Earlier this year GamePolitics reported that the Entertainment Software Association hired Jennifer Manner (left) as its new head of government relations (i.e., lobbying).

Apparently, the ESA and Manner were not a good fit. The National Journal reports that the ESA's new head lobbyist is gone after just a month in her new position:

Manner, a long-time Democrat, didn't appear to have extensive Capitol Hill or administration experience. Her background included stints as a vice president of regulatory affairs at Skyterra Communications, chair of the Satellite Industry Association, and senior counsel to former FCC Commissioner Kathleen Abernathy. She has also... taught as an adjunct professor of law. ESA is not advertising any new job openings on its Web site.

An association spokesman confirmed that Manner had departed but gave no further information.

By our count, Manner is the third ESA VP to leave in the last 12 months. Others include former senior VP and general counsel Gail Markels and Ed Desmond, whose position was filled by Manner.

As we mentioned when Manner's hiring was announced, an ESA press release made it a point to refer to her as a "long-time Democrat." ESA CEO Mike Gallagher is a former Bush administration official.

Culture clash?

Games Radar has served up a series of printable posters depicting familiar game characters in the style of the now-famous Obama campaign theme created by visual artist Shepard Fairey.

The characters span a broad range of games, including:

• Tomb Raider
• Metal Gear Solid
• Katamari Damacy
• Half-Life
• Grand Theft Auto IV
• Phoenix Wright: Ace Attorney

Thanks to: Sharp-eyed GamePolitics correspondent Andrew Eisen...

Consumers won a big victory this week as Time Warner Cable backed down on a plan that would have placed a cap on bandwidth usage for broadband customers, while at the same time charging users a wildly inflated price per gigabyte.

When Time Warner announced recently that it would expand its broadband caps into New York and North Carolina, Ars Technica reports that the plan immediately ran afoul of Rep. Eric Massa (D-NY) and Sen. Chuck Schumer (D-NY). The two lawmakers helped torpedo Time Warner's scheme.

The Entertainment Consumers Association, which also lobbied vigorously against the Time-Warner plan, was delighted with the cable provider's decision to back down. ECA VP and General Counsel Jennifer Mercurio commented on the outcome:

We're pleased that Time Warner has come to their senses on this issue... Having worked against caps and tiered pricing for over a year, and being the leading consumer rights organization to aggressively defend the American public on this issue, we're glad to see our efforts pay off even as we continue to work with Senator Schumer, Congressman Massa, and others to stop this type of consumer price gauging moving forward.

When Mercurio mentions price gouging, she's not kidding. Price comparison done by Nate Anderson of Ars Technica show how blatantly Time Warner planned to rip off its customers:

As TWC expands its test markets for the data caps, it offers plans with 5GB of monthly data transfer for $30. Plans with 40GB of data go for $55... That base rate works out to a truly jaw-dropping $6 per GB per month, and it's so far out of line with competitors' plans as to shock even the most cynical heart.

Take AT&T's DSL, for comparison... AT&T DSL comes out to 9¢ per GB. Verizon's fiber-optic FiOS system... this comes out to $.11 per GB. Upgrading to the much faster 50Mbps service for $144.95 a month still means that the charge per GB is only 36¢.

The situation is similar at other cable operators. Comcast offers Internet service starting at $42.95 per month and has a 250GB cap in place; this works out to 17¢ per GB.

FULL DISCLOSURE DEPT: The ECA is the parent company of GamePolitics.

A mayoral candidate in Austin, Texas has made attracting game developers and other creative media types a key part of his campaign platform.

Brewster McCracken (D) mentions attracting game developers in response to the Austin American-Statesman's request for candidates to outline their vision for the city.

McCracken, currently a member of Austin's City Council, sees game development as a way to help the city weather the recession:

Starting with a vision of independent film, independent music and 3-D animation leadership in digital media... We will need elected leaders to personally recruit creative economy employers. We will need expanded incentives to recruit films and TV series. We will need to recruit video game and music publishers and firms with expertise in digital media distribution to empower local creative artists.

GP: We should mention that Austin already has a thriving game development community. McCracken wants to attract additional talent to the city.

A Santa Monica legislator wants to limit the amount of time that children in day care spend playing video games. California Assemblywoman Julia Brownley (D) also wants to ensure that any games played are of the educational or exercise varieties.

To that end Brownley has introduced AB627. Her bill is aimed at addressing California's rampant childhood obesity problem.

As noted by the San Francisco Chronicle:

[The bill would] require child care centers receiving state reimbursement for their food programs to limit sugary sweets and drinks, prohibit deep-fat frying, mandate servings of vegetables and limit TV, computer and video-game use to one hour per day, among other regulations.

A reading of the bill suggests that games like Wii Fit or Dance Dance Revolution would be acceptable if AB627 becomes law:

For children in full day care, screen time, including, but not limited to, television, video games, and computer usage, shall be limited to a maximum of one hour per day and shall be limited to
educational programming or programs that encourage movement. For children in less than full day care, screen time shall be reduced proportionately.

The measure has been referred to the Assembly's Human Services Committee.

On several recent occasions, GamePolitics has reported on ACTA, the international copyright treaty being negotiated in secret by various governments, including the United States.

Here in the U.S., IP rights holders - including the video game industry - have been granted access to information concerning ACTA negotiations. John Q. Public has been shut out, however.

But the Obama administration's promised commitment to open government appears to be pulling back the curtain on ACTA, at least a bit.

IDG reports that the Office of the U.S. Trade Representative has released a six-page summary of ACTA negotiations, which have been going on behind the scenes since 2006. Gigi Sohn, President of Consumer rights group Public Knowledge praised the info release:

The dissemination of the six-page summary will help to some degree to clarify what is being discussed. At the same time, however, this release can only be seen as a first step forward. It would have been helpful had the USTR elaborated more clearly the goals the United States wants to pursue in the treaty and what proposals our government has made, particularly in the area of intellectual property rights in a digital environment.

Issues such as the recession, healthcare and the wars in Iraq and Afghanistan are likely to keep President Barack Obama's attention away from video games, said Reggie Fils-Aime (left).

The Nintendo of America chief also believes that the video game industry is in a better position politically than it has been in the past.

Fils-Aime made his comments during a wide-ranging interview with GameDaily:

We have the first sitting president with a multiple gaming household, between the Wii and the DS. I believe that our president has more pressing issues to deal with, from the economy to the military conflicts.

 

Certainly, as an industry, we've met with representatives of Congress and other parts of our government. What they see is an industry that is mainstream, is creating jobs and is creating vibrant forms of entertainment. Those are all positive things for this country. So we are in a more favorable legislative environment compared to five or six years ago.

We don't know the origin of this video other than to point out the obvious: that it's from a Japanese television show, features a comic Super Mario scene using real actors, and has an improbable cameo appearance by a faux Barack Obama.

Still, it's pretty cool. Be sure to watch it all the way through.

The link was circulated by Wendu Xu on Twitter.

Via: Kotaku

A Louisiana legislator has withdrawn a bill that would impose a 1% sales tax on video game equipment and television sets.

The Monroe News-Star reports that Rep. Robert Billiot (D) hoped to use revenue collected by the tax to create a "No Child Left Indoors Fund." Those funds would in turn be channeled into recreational facilities and state programs to combat childhood obesity.

However, Ark-La-Tax Politics reports that Billiot withdrew the measure while he re-evaluates its revenue potential. The legislator said that he may resubmit the tax proposal before Louisiana's legislative session begins on April 27th.

As GamePolitics reported, A similar measure proposed in New Mexico last year failed to pass.

Video games came up when President Obama made a long-distance phone call to the International Space Station this morning.

As reported by ABC News, Obama, some members of Congress and a group of Washington, D.C. school kids spent 28 minutes videoconferencing with the crew of the shuttle Discovery.

The Prez was friendly and conversational with the astronauts. When it came time for some questions from the students, the first one was, "Can you play video games in space?"

Obama dutifully relayed the question to the crew. Perhaps surprisingly, the answer that came back was yes, you can play video games in space.

In fact, one of the astronauts (we're not clear as to which one) replied:

We can, in fact. And in fact a few years ago when I was up here for six months I had a video game that I used to play in my spare time. Unfortunately, we don't have much spare time.

 

So we can, we have a lot of laptop computers. But for the most part we stay real busy doing real work.

A Utah mom has come out swinging against HB 353. The Jack Thompson-conceived bill, overwhelmingly passed by the Utah House and Senate, is currently just a stroke of Gov. Jon Huntsman's (R) pen away from becoming law.

Misty Fowler (left) is a software developer, mother of two and activist Democrat.

She also pens the politically-oriented Saintless blog.

Fowler writes:

I didn’t feel like [Utah Senate sponsor Margaret] Dayton [R] and [Utah House sponsor Mike] Morley [R] came out to share details of the bill, but to introduce it with the idea that this isn’t a punitive bill, so that maybe we would all have warm fuzzies about how good this was for our children. Because really, think of the children, will you?...

As a parent, I feel very strongly that it’s my responsibility to my children to educate them about what they can play, and why...

The ESRB is accomplishing what it should... The Utah Legislature seems to be approving of ESRB by trying to enforce it...

I don’t want this law passed. Not because I don’t want to protect children. But, because I think it’s a bogus attempt to regulate the ESRB, and won’t do anything for our children. It will cost local businesses money, and is likely to remove some great tools I have in making decisions about video games as a parent.

Ask Governor Huntsman to veto it.

Fowler also questions the bill, given Jack Thompson's involvement.

A Michigan State Senator has proposed legislation that would ban texting or playing video games while driving, reports ClickOn Detroit.

Sen. Buzz Thomas (D), the sponsor of the measure, said:

There is no need to be sending a text while driving your car, it’s one of the most dangerous things a driver can do. If it’s really that important, pull over and send your message, or just wait until you get to where you are going.

 

This is the second session in which I have introduced this bill, and hopefully we can all realize the urgency and just get this passed.

If the bill becomes law, violations would carry a $100 fine.

While an overwhelming majority of federal court judges have found state and local laws restricting video games to be unconstitutional, U.S. District Judge David Hamilton is an exception. In 2000, Hamilton ruled in favor of an Indianapolis law which would have barred unaccompanied minors from playing violent games in coin-op arcades.

Hamilton's eight-year-old opinion in American Amusement Machine vs. Kendrick, while subsequently overturned by the U.S. 7th Circuit Court, could once again be a source of concern to the video game industry.

The Associated Press is reporting that President Barack Obama has nominated Hamilton for an opening on the 7th Circuit, which covers appeals arising from federal district courts in Illinois, Wisconsin and Indiana. From the AP:

Obama on Tuesday nominated [Hamilton] to serve on [the 7th Circuit], his first act in reshaping the federal judiciary and preparing for a possible Supreme Court opening...

 

Three of the appeals courts [including the 7th] can gain a majority of Democratic-appointed judges if Obama's nominees are confirmed for existing vacancies...

 

The White House acted before Hamilton's nomination to make sure that his home-state Republican senator, Dick Lugar, was on board... Lugar's support for Hamilton would make it difficult for Republicans to filibuster his nomination...

 

The American Bar Association gave Hamilton a "well qualified" rating...

GP: As a practical matter, the chances of video game legislation reaching the 7th Circuit any time soon seem slim. Illinois, burned financially by disgraced ex-Guv Rod Blagojevich's 2005 video game law, is unlikely to try again. That leaves only Indiana and Wisconsin. While both have dabbled with legislative proposals aimed at video games in recent years, neither has gotten very far with such proposals.

Moreover, the 7th Circuit already has a precedent-setting video game case in the Kendrick ruling.

Boston Mayor Tom Menino (D) who, as recently as last year tried to legislate video game sales, is now courting the video game industry in a big way.

It's all about the economics, apparently.

As reported by the Boston Business Journal, Menino announced the launch of PoweringUpBoston.com, a website designed to promote the region's video game industry with news, job postings and additional resources.

Menino, who spoke at the Congress Street offices of FableVision, pointed out that game development at Harmonix, 2K Boston, Turbine and 73 other firms employs over 1,500 people in the area. During his speech, Menino declared:

Boston is a game industry friendly city.

The Boston Mayor has not always been so game-friendly, however. In 2007 and 2008 he pushed for video game sales restrictions similar to those found unconstitutional by federal courts around the country.

In 2006 he led a campaign to have ads for Grand Theft Auto: Vice City Stories removed from local public transit vehicles.

Edge Online has more on Menino's game initiative:

The Boston-area videogames steering committee is made up of key members from local game firms, and will advise the mayor and the Boston Redevelopment Authority staff in "strengthening the Boston-area game development presence, raising Boston's profile as a global leader in digital media and specifically the game industry."

The group, which has members from Blue Fang Games, Metaversal Studios and Northeastern University, has been meeting since October 2008.

Massachusetts Gov. Deval Patrick (D) has also been working hard to bring game industry firms to the area. As GamePolitics reported, Patrick recently visited high-tech firms on the West Coast, including game publishers EA and Microsoft.

Rep. Dennis Kucinich (D-OH) has requested that Congressional leaders remove funding for the Defense Department's Virtual Army Experience, according to a report on the raw story.

The VAE is a recruiting and public relations exhibit which the Army deploys at large public events around the United States. It has generated protests at a number of venues.

In a letter to the House Armed Service Committee, Kucinich writes:

I urge you to eliminate budget authority for the Virtual Army Experience (VAE) in the National Defense Authorization Act for Fiscal Year 2010. The VAE is a state-of-the-art, interactive recruiting tool used by the Army to give participants as young as 13 years old a naïve and unrealistic glimpse into the world of Soldiering...

 

The VAE shields participants from the realities of killing while glorifying the taking of human life in a thinly veiled attempt to recruit new soldiers. Making matters worse, if a child wants to take part in the simulation, the Army collects his or her contact information, as well as an assessment of the child’s performance in the simulator.

The VAE travels around the country to family oriented venues such as amusement parks, air shows and county fairs. When the VAE came to the Cleveland Air Show in 2008, I raised concerns and objections with the Army. Allowing children as young as thirteen years of age to participate in a simulation endorsed by the United States Government that glorifies and sanitizes extreme violence is unacceptable.

Kucinich conducted an unsuccessful campaign for the 2008 Democratic presidential nomination.

GP: For clarity's sake, Kucinich is targeting the traveling VAE, not the PC-based, freely-distributed America's Army computer game.

Gamers who live in the state of New York are already experiencing a benefit from President Obama's recently-passed stimulus package.

CNN reports that New York has scrapped a plan to tax digital downloads such as iTunes music and video game DLC.

Instead, Gov. David Paterson and New York legislators will utilize $1.3 billion in stimulus money to help balance the state budget.

An interesting legislative turnabout is underway in North Carolina.

A state senator who twice in the past introduced bills designed to restrict the sales of mature-themed games to minors has now proposed that the state offer financial incentives to game developers.

Yesterday, Sen. Julia Boseman (D) introduced S525, a new bill that would permit game developers to take advantage of a tax credit of up to 15% for qualifying expenses.

While the measure does not restrict M-rated games as did an earlier proposal in Oklahoma, it does preclude material which qualifies as "obscene" under North Carolina law:

Limitation. – No credit is allowed under this section for qualifying expenses with respect to digital interactive media that contain material that is obscene, as defined in G.S. 14-190.1.

In past sessions, Sen. Boseman introduced bills designed to restrict sales of mature games to minors in 2005 and 2007. Both measures failed to pass.

I thought I knew my classic games pretty well, but somehow I'm drawing a blank on this particular Atari 2600 cartridge.

In fact, Technabob has uncovered an entire series of parody 2600 carts. Most aren't political, but they are definitely worth a look - and a laugh.

Via: Examiner.com

Clearly, there are some hardcore Barack Obama fans among the beta testers of NCsoft's upcoming MMORPG Aion: The Tower of Eternity.

Massively brought the video at left to our attention, in which some Aion players have employed the game's robust character creation utility to get the Prez into the action:

NCsoft really didn't have this in mind when creating the game's lore, but some rather inventive beta testers have created something which show off just how good Aion's character creation is. The end result is a player-created video that depicts Obama in ways his publicity people never anticipated, as an Elyos 'kicking ass' and saving trees on the road to ascension as a Daeva... Yes, this may piss off a few people -- namely the POTUS -- but it's all in good fun.

2P Start takes note of President Obama's recently-passed stimulus package by invoking the graphic style of the old Number Munchers game (perhaps some GP readers played it in school).

The artist explains:

I kind of get the feeling this comic might appeal more to The Oregon Trail crowd... Number Munchers was another early educational PC game that a lot of us probably played in elementary school...

 

In any event, we’re not trying to spark a political debate here, it’s just that $787 billion is a staggering number, even for an old pro like Muncher!

We caught the webcast just as it was beginning. What follows is essentially a live blogging of today's hearing...

The Utah House has just begun deliberations on HB 353, the video game/movie bill originally crafted by disbarred attorney Jack Thompson. The first order of business was to pass amendments to the measure.

With amendments passed the discussion on the bill has begun. Rep. Michael Morley, bill sponsor, is now speaking. Morley can be seen in the screenshot at left, taken moments ago from the webcast of the hearing. View it live.

So far, the legislators who have spoken are uniformly behind the measure, which appears to enjoy bi-partisan support. Speaking on behalf of the bill:

• Rep. Brian King (D)
• Rep. Sheryl Allen (R) - Allen discussed the growing importance of Utah's video game industry
• Rep. Kraig Powell (R)
• Rep. Steven Mascaro (R) - wanted clarification on how bill language affects retailers
• Rep. Susan Duckworth (D) - commended Morley for making amendments and reminded the body of parental responsibility

Rep. Morley, summarizing, said that "retailers" are no longer opposed to the bill, which indicates that the amendments may have watered down the potential impact of HB 353.  Morley said that some movie owners also have dropped their opposition.

Voting now occurring... HB 353 passes 70-2. The measure will now move to the Utah Senate for consideration.

Thompson has just e-mailed a comment:

70-2. This is a huge victory for parents everywhere.  The bill, by the amendments we fashioned, is better. Now we go on to the Senate, where I expect passage, with the Governor then likely to sign it into law!  

UPDATE: The amendments link has been updated to incorporate the most recent changes (Feb. 27).

UPDATE 2: We have learned that the Entertainment Merchants Association, which represents video game retailers, remains opposed to the bill. Morley's comment concerning retailers dropping their opposition was likely referring to the Utah retailers' trade group.

Last week Nintendo appealed to the office of the U.S. Trade Representative for help with global piracy issues

President Barack Obama's nominee for the position may ultimately decide to help Nintendo out, but he'll need to pay his back taxes first.

CNN reports that Obama's choice as USTR, former Dallas Mayor Ron Kirk, owes nearly $10,000 to the IRS:

The [Senate Finance] committee found that Kirk failed to report as income $37,750 in honoraria collected for 16 speaking engagements at Austin College... He also deducted too much for the cost of tickets to see the NBA Mavericks, reporting the entire $17,382 as business expenses...

"The mayor is working with the Finance Committee on a few minor issues," White House spokesman Ben Labolt said, adding that the "nomination is on track."

"The president nominated Mayor Kirk because of his proven ability at the negotiating table -- building consensus between opposing stakeholders in Dallas and crafting deals to create opportunities for U.S. businesses overseas," Labolt said.

CNN notes that Kirk is the fourth Obama nominee to face criticism over tax payment issues.

ABC News reports that President Barack Obama has turned to Kansas Gov. Kathleen Sebelius (D) to fill the vacant cabinet post at the Department of Health and Human Services.

If confirmed, Sebelius will become the third member of the Obama cabinet with past ties to video game legislation. The others are Secretary of State Hillary Clinton and Secretary of Commerce nominee Gary Locke.

As Governor in 2006, Sebelius pushed an unsuccessful attempt to legislate video games, saying at the time, "Video games and music lyrics promote violence..."

Ironically, in 2008 it was revealed that her son created a Grand Theft Auto-like board game and was marketing it by mail order from the Governor's official residence. At the time, Gov. Sebelius commented that she was proud of her son's creativity.

Former Washington Gov. Gary Locke (D), President Barack Obama's latest choice for Commerce Secretary, carries a bit of video game baggage into his new position.

In 2003, while serving as Governor, Locke signed into law the nation's first statewide violent video game legislation. The measure, which was proposed by Rep. Mary Lou Dickerson (D), barred minors from purchasing games in which the player kills or injures "a human form who is depicted, by dress or other recognizable symbols, as a public law enforcement officer."

The video game industry filed suit, of course (VDSA vs. Maleng). In July, 2004, a federal court struck down the Washington law. In ruling the statute unconstitutional, U.S. District Court Judge Lasnik wrote:

The games at issue...[have] story lines, detailed artwork, original scores, and a complex narrative which evolves as the player makes choices and gains experiences. All of the games provided to the Court for review are expressive and qualify as speech for purposes of the First Amendment...

 

[The law] failed to give a person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly... Would a game built around The Simpsons or Looney Tunes characters be 'realistic' enough to trigger the Act?... Do the Roman centurions of Age of Empires, the enemy officers depicted in Splinter Cell, or the conquering forces of Freedom Fighters qualify as ‘public law enforcement officers'?

GP: Although it's unlikely that Locke, if confirmed, will have much to do with video game issues as Secretary of Commerce, it is an interesting historical footnote, nonetheless.