A Legal Analysis of Brown v. EMA

July 8, 2011 -

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

 

Author Lists Brown v. EMA as One of the 'Worst Decisions of the Supreme Court'

March 5, 2014 - GamePolitics Staff

A national press tour for the Fourth Edition of Joel D. Joseph's book chronicling (what he believes) are the worst decisions made by the United States Supreme Court in recent years is about to get underway. The book was published by Imprint Books in December of last year and was recently updated with new material.

Redbox Instant CEO Joins EMA Board

February 20, 2014 - GamePolitics Staff

Joe Ambeault, CEO of Redbox Instant by Verizon has joined the Entertainment Merchants Association (EMA) Board of Directors, the trade group announced today. The EMA represents the interests of the entertainment industry including streaming services, companies that provide support for the film and movie industries, and video game companies that do business at traditional retail and online.

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Four More Companies Join EMA

February 17, 2014 - GamePolitics Staff

The Entertainment Merchant's Association has added four new firms to its organization as members. The companies are CaptionMax, Group 1200 Media, Sony DADC New Media Solutions, and Phase 4 Films. The EMA is a trade group representing the entertainment industry and retail, focusing on issues that affect both like taxes, censorship, and more.

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EMA Adds Three New Members

January 15, 2014 - GamePolitics Staff

The Entertainment Merchants Association (EMA) announced this morning that it has added three more members into its Association: 3Play Media, Mediamorph, and The Peter Rodgers Organization (also known as PROFilms).

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EMA Welcomes Four New Members

December 19, 2013 - GamePolitics Staff

Four new companies have become members of trade group the Entertainment Merchant Association (EMA) this week. Those companies include 3rd i QC, Deluxe, Dolby, and FilmTrack.

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EMA Reveals 2013 Digi Award Winners

September 26, 2013 - GamePolitics Staff

This week the Entertainment Merchants Association (EMA) presented Amazon, Netflix, and the online campaign for the video game “Injustice: Gods Among Us” with its Digi Awards for outstanding achievement in digital entertainment content, innovation, and retailing. The EMA also recognized Morgan Spurlock with its Visionary Award. The awards were presented at EMA’s Digital Media Pipeline, held at the Skirball Cultural Center in Los Angeles this week.

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California Governor Jerry Brown Supports ESA Backed Game Development Program in Oakland

September 17, 2013 - GamePolitics Staff

California Governor Jerry Brown (D) is a strange bird sometimes. He, representing the state's view as Attorney General, put his name on a lawsuit (Brown v. EMA) defending a 2005 law written by State Senator Leland Yee that sought to prohibit minors from buying Mature rated games. That case went to the Supreme Court and was eventually struck down as unconstitutional. The state ultimately was forced to pay the legal fees of the Entertainment Software Association - the trade group representing the video games industry in the United States - in 2011.

Morgan Spurlock to Keynote Digital Media Pipeline

August 13, 2013 -

Morgan Spurlock, best known as the creator of the documentary "Super Size Me," will keynote the Entertainment Merchants Association’s (EMA) fifth annual Digital Media Pipeline, on Sept. 24 at the Skirball Cultural Center in Los Angeles.

Digital Media Pipeline is a one-day business-to-business conference for digital retailers and distributors, content producers, content aggregators, service providers, and digital technology companies. This year's event marks the first time that digital video game distribution and retailing will be included.

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EMA Hosts Los Angeles Entertainment Summit

July 24, 2013 -

The Entertainment Merchants Association (EMA) is holding its annual Los Angeles Entertainment Summit event this week (July 23-24) in Los Angeles. The event brought together nearly 1,000 people from dozens of entertainment companies for two days of business meetings, tech displays, and seminars focused on the state of the entertainment industry.

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EMA Adds Two New Members to Association

June 26, 2013 -

The Entertainment Merchants Association (EMA) has added two new members to its association: Dune HD and Giant Interactive.

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EMA Doles Out Its Independent Home Entertainment Awards

June 19, 2013 -

The Entertainment Merchants Association (EMA) today presented Independent Home Entertainment Awards to four video titles for being the best in their respective categories. The awards were given out during EMA’s 2013 Independent Product Market at the Marriott Marina del Rey in Marina del Rey, California.

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EMA: Blu-Ray Disc Sales Increase in 2012

June 19, 2013 -

Retailers are embracing digital delivery as consumers migrate their existing disc collections into the digital world, but a new report by the Entertainment Merchants Association (EMA) shows that Blu-Ray consumption is on the rise. There was a .25% increase in consumer spending on home entertainment in 2012, the first time in seven years there hasn’t been a decrease, EMA noted at the annual Independent Product Market event.

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EMA Honors William Shatner With a Video Legend Award

June 19, 2013 -

William Shatner has been honored with a Video Legend Award by the Entertainment Merchants Association (EMA) in recognition of his extraordinary career and the popularity of his work on home video, the EMA announced today. The award was presented by EMA during its 2013 Independent Product Market at the Marriott Marina del Rey in Marina del Rey, California.

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EMA Scholarship Foundation Announces This Year's Recipients

June 5, 2013 -

The Entertainment Merchants Association Scholarship Foundation has announced the two individuals that will receive academic scholarships of $1,500 per year for up to four years. This year’s recipients are Haadjer Benmerzouga and Emily Sargent. Haadjer Benmerzouga is a pharmacy technician for Giant Eagle graduating from Cleveland State this year with a 3.8 GPA. Benmerzouga has been accepted into Northeast Ohio Medical University to study pharmacy science.

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EMA Adds Three New Members

May 3, 2013 -

The Entertainment Merchants Association has added three new members into the association this week. The three businesses joining the association are DHX, OVGuide, and Redbox Instant.

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Redbox's David Asch Joins EMA Board

April 18, 2013 -

The Entertainment Merchants Association announced today that Redbox's David Asch has joined the EMA Board of Directors. Asch is senior vice president of content of Redbox, responsible for content strategy and acquisition.

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EMA Adds Video Game Distribution Talk to 2013 Digital Media Pipeline Conference

April 17, 2013 -

The Entertainment Merchants Association (EMA) announced this week that it will add a series of discussions on digital video game distribution and retailing to its upcoming 2013 Digital Media Pipeline conference, to be held Sept. 24 at the Skirball Cultural Center in Los Angeles. The one-day event will bring together experts in the digital entertainment industry, including retailers, distributors, content aggregators, service providers and more.

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EMA Applauds Retailers' High Marks in FTC Ratings Enforcement Report

March 25, 2013 -

The Entertainment Merchants Association (EMA) today applauded the efforts of retailers in the United States for continuing to show record levels of enforcement of video game and DVD ratings. The praise comes in response to the results of a Federal Trade Commission survey released today. That survey found that video game retailers turned away unaccompanied 13- to 16-year-olds who attempted to purchase Mature-rated games 87 percent of the time and turned away under-aged children who attempted to purchase R-rated or unrated DVDs 70 percent of the time.

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Mark Fisher Appointed President and CEO of EMA

March 5, 2013 -

The Entertainment Merchants Association (EMA) announced today that its Board of Directors has unanimously selected Mark Fisher to be the President and Chief Executive Officer of the trade association, effective immediately. Fisher has served as Interim President of EMA since the retirement of Bo Andersen in November of 2012.

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Deadline for Applications for EMA Scholarships Extended to March 15

February 25, 2013 -

Good news, procrastinators!

The deadline to apply for an Entertainment Merchants Association (EMA) scholarship has been extended to March 15.

From the EMA's press release:

"The EMA Scholarship Foundation awards academic scholarships to employees of EMA-member companies and their immediate family members who will be engaged in undergraduate and graduate study on a full-time basis. Awardees will receive up to $6,000 total, which will be issued in annual increments."

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EMA Sends Letter to Vice-President Joe Biden Concerning Violent Media's Role in Sandy Hook Shooting

January 7, 2013 -

The Entertainment Merchants Association (EMA) has sent a letter to Vice President Joe Biden offering its input on the effort he is leading to develop policy recommendations to address the Newtown, Connecticut tragedy that resulted in the death of 20 children and six adults.

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Longtime EMA President and CEO Bo Andersen to Retire

October 24, 2012 -

Bo Andersen, the man who has served as the President & CEO of the Entertainment Merchants Association (EMA) for 13 years, has decided to retire, effective November 15. The announcement was made by EMA Chair Bob Geistman.

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EMA: Digital Consumption of Entertainment Up 74 Percent in 2012

September 14, 2012 -

Consumption of entertainment via digital has grown 74 percent in 2012, according to the Entertainment Merchants Association (EMA). The data comes from a new report by the trade group called "D2 Report: Discs & Digital – The Business of Home Entertainment Retailing." The report found that various digital formats including electronic sell-through, video-on-demand, and subscription streaming grew 51 percent in 2011 and 74 percent in the first quarter of 2012. Much of this popularity can be explained by the increase in tablet and mobile devices being used in U.S.

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Winners of the EMA's 2012 Scholarship Program Announced

August 10, 2012 -

The Entertainment Merchants Association (EMA) has revealed the winners of its 2012 scholarship program. The trade group that represents retailers in the United States (and was the lead in Brown v. EMA) has awarded five students $1,500 a year for up to four years who are entering college as freshmen.

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EMA Re-Appoints Six Board Members

July 19, 2012 -

The Entertainment Merchants Association (EMA) has reappointed board members from six companies including Dish Network, Giant Eagle, Rain City Video, Redbox, Rentrak, and Target have been reappointed to the board for a term of three years.

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Lead Council on Brown v. EMA Joins Media and Entertainment Law Firm

July 16, 2012 -

Former Entertainment Software Association (ESA) senior vice present and general counsel Kenneth Doroshow has joined the law firm of Jenner & Block as a partner. Jenner & Block is a law firm that specializes in media and entertainment and is located in Washington D.C.

Doroshow and Jenner & Block partner Paul Smith led the legal team that won the Supreme Court Case Brown v. EMA. The court ultimately struck down the California law authored by California State Senator Leland Yee (D- San Francisco).

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How the Internet Helped Shape Opinions on Brown v. EMA SCOTUS Decision

July 9, 2012 -

In the old days, Supreme Court Justices had very little information to turn to outside of legal briefs presented by combatants and case law when making a ruling, but a new study by William & Mary law professor Allison Orr Larsen finds that justice are increasingly turning to information on the Internet to shore up their opinions. According to research from Larsen, there were more than 100 instances where justices used information on the Internet in their opinions.

June is 'Entertainment Ratings and Labeling Awareness Month'

June 1, 2012 -

The Digital Media Association (DiMA), Entertainment Merchants Association (EMA), National Association of Recording Merchandisers (NARM), and National Association of Theatre Owners declare June to be "Entertainment Ratings and Labeling Awareness Month." June has been proclaimed "Entertainment Ratings and Labeling Awareness Month" by the groups since 2004. The participating organizations are encouraging movie theaters, and retailers of movies, music, and video games to highlight the importance of ratings systems to their customers.

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California Agrees to Pay ESA $950k for Brown v. EMA Court Costs

January 26, 2012 -

The state of California has agreed to pay the Entertainment Software Association (ESA) $950,000 in legal fees related to arguing Brown v. EMA before the U.S. Supreme Court. When combined with reimbursements for the 2008 case (which the state already paid), the grand total that California paid the ESA comes to $1,327,000.

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MaskedPixelanteNumber 3: Night Dive was brought to the attention of the public by a massive game recovery, and yet most of their released catalogue consists of games that other people did the hard work of getting re-released.04/17/2014 - 8:46pm
MaskedPixelanteNumber 2: If Humongous Entertainment wanted their stuff on Steam, why didn't they talk to their parent company, which does have a number of games published on Steam?04/17/2014 - 8:45pm
MaskedPixelanteNumber 1: When Night Dive spent the better part of a year teasing the return of true classics, having their big content dump be edutainment is kind of a kick in the stomach.04/17/2014 - 8:44pm
Matthew Wilsonhttp://www.giantbomb.com/articles/jeff-gerstmann-heads-to-new-york-takes-questions/1100-4900/ He talks about the future games press and the games industry. It is worth your time even though it is a bit long, and stay for the QA. There are some good QA04/17/2014 - 5:28pm
IanCErm so they shouldn't sell edutainment at all? Why?04/17/2014 - 4:42pm
MaskedPixelanteNot that linkable, go onto Steam and there's stuff like Pajama Sam on the front-page, courtesy of Night Dive.04/17/2014 - 4:13pm
Andrew EisenOkay, again, please, please, PLEASE get in a habit of linking to whatever you're talking about.04/17/2014 - 4:05pm
MaskedPixelanteAnother round of Night Dive teasing and promising turns out to be stupid edutainment games. Thanks for wasting all our time, guys. See you never.04/17/2014 - 3:44pm
Matthew WilsonAgain the consequences were not only foreseeable, but very likely. anyone who understood supply demand curvs knew that was going to happen. SF has been a econ/trade hub for the last hundred years.04/17/2014 - 2:45pm
Andrew EisenMixedPixelante - Would you like to expand on that?04/17/2014 - 2:43pm
MaskedPixelanteWell, I am officially done with Night Dive Studios. Unless they can bring something worthwhile back, I'm never buying another game from them.04/17/2014 - 2:29pm
PHX Corphttp://www.msnbc.com/ronan-farrow/watch/video-games-continue-to-break-the-mold-229561923638 Ronan Farrow Daily on Video games breaking the mold04/17/2014 - 2:13pm
NeenekoAh yes, because by building something nice they were just asking for people to come push them out. Consequences are protested all the time when other people are implementing them.04/17/2014 - 2:06pm
Matthew Wilsonok than they should not protest when the consequences of that choice occur.04/17/2014 - 1:06pm
NeenekoIf people want tall buildings, plenty of other cities with them. Part of freedom and markets is communities deciding what they do and do not want built in their collective space.04/17/2014 - 12:55pm
Sora-ChanI realize that they have ways getting around it, but one reason might be due to earthquakes.04/17/2014 - 4:42am
Matthew WilsonSF is a tech/ economic/ trade center it should be mostly tail building. this whole problem is because of the lack of tail buildings. How would having tail apartment buildings destroy SF? having tail buildings has not runed other cities around the US/world04/16/2014 - 10:51pm
Matthew WilsonAgain the issue is you can not build upwards anywhere in SF at the moment, and no you would not. You would bring prices to where they should have been before the market distortion. those prices are not economic or socially healthy.04/16/2014 - 10:46pm
ZippyDSMleeYou still wind up pushing people out of the non high rise aeras but tis least damage you can do all things considered.04/16/2014 - 10:26pm
ZippyDSMleeANd by mindlessly building upward you make it like every place else hurting property prices,ect,ect. You'll have to slowly segment the region into aeras where you will never build upward then alow some aeras to build upward.04/16/2014 - 10:25pm
 

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