The Entertainment Software Association (ESA) spent $4.604 million on its lobbying efforts in 2009, a significant jump over 2008’s total of $3.654 million.

The group spent $1.208 million in the second, third and fourth quarters of 2009 and $980,000 in last year’s first quarter. 2008 saw $980,000 spent in quarters two, three and four, and $714,364.50 in its  first quarter.

Taking a look at a report (PDF) on the ESA’s fourth quarter expenditures for 2009 shows lobbying funds spent on issues such as the Constitution (First Amendment Protection, Ratings, Video Game Sale Regulation), Copyright/Patent/Trademark (Anti-Piracy, IP Enforcement), Trade (Free Trade Agreements, Special 301 Designated Countries, Trade Policy Reform), Computer Industry (Internet Governance, Virtual Worlds), Immigration (High-Skilled Workers, H1-B Visas and Green Cards) and Telecommunications (ISP Management, Copyright Enforcement, Broadband Deployment).

Want to learn more about U.S. health care reform in a simple program with a quiz-like interface? There’s an app for that.

People Operating Technology has launched the free iPhone & iPod Touch application Death Panel in the Apple Store. Promised to be “100% non-political,” the app’s quiz questions and facts are fed by data collected from the White House website, StateHealthFacts.org, the NCHC.org, and FactCheck.org.

Players take the role of an office holder who “must stand on a virtual platform and answer questions correctly about health care from an anxious public.” Twitter and Facebook integration lets users share their scores too.

People Operating Technology co-founder Jason Petralia stated, “Mobile technology provides a fascinating medium though which businesses and other organizations can gain mindshare. We made Death Panel to shed some light on a hot topic in a compelling way.”

Death Panel also contains a Geo-locational who’s who of congressional members, showing their home state, political affiliation and lobbyist funds received.

An association comprised of fans of classic video games and systems is lobbying the French government to establish a retro video game museum.

The group, dubbed MO5, seeks a National Institute of Digital Sciences where visitors could not only view, but play, the vintage collectibles.

According to the BBC, MO5 currently posses 30,000 games and 1,500 different game systems. The group is reaching out to the French National Library, a Paris Science Museum and Nathalie Kosciusko-Morizet, the French Minister of State in charge of developing the digital economy, in a bid to realize its museum dream.

The M05 website details the group's awesome collection of vintage machines and video game systems and titles.

Video game publishers group ESA has released its annual report for the 2009 fiscal year, which concluded at the end of March.

As noted by Venture Beat,

The ESA fought 43 bills aimed at regulating content or controlling access to video games and none became law... Meanwhile, five states enacted tax incentives for the creation of game development jobs. Another 17 states are considering enacting the incentives.

The group said that it will be hard to get the attention of the federal government and Congress, which is preoccupied with issues such as climate change and healthcare. The ESA wants more done to stop piracy of games...

The Associated Press reports that the Entertainment Software Association, which represents the interests of U.S. video game publishers, spent $1.2 million on government lobbying efforts during the period April-June, 2009.

Looking beneath the surface, GamePolitics has obtained an actual copy of the ESA's latest federal lobbying report. The document shows that Big Gaming has its fingers in a surprising number of legislative and governmental pies. The following are issues which the ESA reports that it lobbied on in Q2:

• Media regulation
• First Amendment protection
• Entertainment industry ratings
• Parental control technology
• Content/video game sale regulation
• Retailer enforcement of ratings
• Piracy
• Copyright Act (believed to be the DMCA)
• Anti-circumvention
• Patent modernization
• Intellectual property enforcement
• Customs reauthorization
• PRO-IP Act appropriations
• Dept. of Justice appropriations
• Dept. of State reauthorization
• Free Trade Agreements
• Special 301 Designated Countries
• Trade Policy Reform
• Domestic regulatory & administrative issues
• Trade enforcement
• Doha Round Proceedings (trade talks)
• Trade Promotion Authority
• Internet Governance
• Virtual worlds
• Online gaming
• Highly skilled workforce
• H1-B visas
• Green cards
• Immigration reform
• ISP management
• Copyright Enforcement
• Broadband deployment
• Broadband policy
• Consumer Product Safety Improvement Act implementation

Agencies lobbied by the ESA include some surprising entities. Here's the list:

• U.S. House of Representatives
• U.S. Senate
• Federal Communications Commission
• Federal Trade Commission
• National Telecommunications & Information Administration
• U.S. Copyright Office
• U.S. Customs & Border Protection
• U.S. Trade Representative
• Department of Commerce
• Department of Homeland Security
• Department of Justice
• Patent & Trademark Office
• FBI
• National Security Council

DOCUMENT DUMP: Grab your own copy of the ESA's lobbying report... (9-page PDF)

Here's hoping that Erik Huey lasts longer with the Entertainment Software Association than did his predecessor.

Huey was announced today as the new head of government relations for the video game publishers' trade group. In plain English, that means Huey is the ESA's chief lobbyist. The post has been vacant since Jennifer Manner departed just a month after coming aboard in February.

According to the ESA's press release, Huey is a veteran attorney who has specialized in lobbying for the entertainment, communications and media sectors. His official title will be Senior Vice President for Government Affairs. ESA boss Mike Gallagher offered praise for the new guy:

Erik’s demonstrated advocacy abilities on behalf of numerous entertainment and telecommunications clients will serve him well as he navigates the specific challenges and opportunities that the ESA and our member companies face. As game technologies and gamer demographics continue to evolve, the entertainment software industry will rely on Erik and his team to help foster a beneficial environment for our industry’s innovation and creativity.

Huey, who starts his new gig in August, also has substantial political experience on the Democratic side, according to the ESA's press release:

Huey helped coordinate voter protection and mobilization efforts in Western Pennsylvania for the Obama Campaign for Change during the 2008 primary and general elections. Huey had a similar role during the 2006 mid-term elections, and served as the Kerry/Edwards Campaign’s “Get Out the Vote” Director for Western Pennsylvania in 2004. Huey also served as an advance coordinator for the 1992 Clinton/Gore Presidential Campaign...

As for Jennifer Manner, her story seems to have a happy ending as well. Coincidentally, we also learned today that she has accepted a post with the Federal Communications Commission.

Michael Rawlinson (left), who heads British game publishers group ELSPA, details his organization's new - and apparently successful - approach to dealing with the U.K.'s government bureaucracy in a guest column for MCVUK.

Despite some difficult recent years in which most of the political dialogue on video games in the U.K. involved criticism of game violence, the British game biz has scored some big wins of late. Most notable among these was the government's recent adoption of the PEGI content rating system favored by the industry.

At its core, ELSPA's strategy seems to involve working both harder and smarter. Rawlinson writes:

PEGI’s ascent to becoming the sole ratings system for games was a momentous achievement for the industry – and just goes to show how we can really get the Government’s attention when we get our approach right.

 

We’ve deliberately become more professional in terms of our dealings with Government. We’re strategically planning what we do – we don’t just bowl up to meetings, answer questions then leave.

We not only had to convince Government... we also took our arguments much wider, taking in the whole of Westminster, as well as the devolved parliament in Scotland and the regional assembly in Wales as well as the European parliament. Retailers, children’s charities and more were also covered. All of these groups had different needs we had to meet...

When the video game industry makes a lobbying push, it brings along the fun.

Canada.com reports that lawmakers played video games while ESA Canada execs pushed anti-piracy legislation this week at a lobbying event for members of Parliament in Ottowa.:

Conservative MP Mike Lake... took a break from playing the popular video game NHL 09 at the event, to talk about the ESAC's requests [for increased piracy protection].

Lake said the government plans to introduce a copyright bill, but wouldn't say exactly when. "It should happen in this Parliament," he offered.

The MP, whose Edmonton riding includes major game developer BioWare, said the bill is a "priority" for the government, adding the bill, if turned into law, wouldn't just benefit the gaming industry, but the music, movie and television industries also.

ESA Canada has been pushing hard in recent times for a north-of-the-border version of the USA's controversial Digital Millenium Copyright Act. Danielle Parr, executive director of ESA Canada, said:

At the federal level, the primary issue for us... is the protection of intellectual property... We really urge [Parliament] to [pass the legislation] as soon as possible... In Canada, [mod chips] are not illegal. They're illegal in virtually every other 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?

Jennifer Mercurio, a seasoned advocacy attorney who has substantial video game industry experience, has been promoted to the position of Vice President and General Counsel of the Entertainment Consumers Association.

Mercurio, who in the past worked as a lead attorney for game publishers' group ESA, was originally hired by ECA President Hal Halpin in 2007. Of the promotion, Halpin said:

Jennifer’s track record of success speaks for itself along with her commitment to our advocacy mission for gamers. With the growing recognition of the demographic power of gamers we felt it important to expand her role to take advantage of our momentum on issues such as free speech, broadband access, and the rights of gaming consumers.

An ECA press release notes:

In her new role Mercurio will oversee all legal, policy, research, advocacy, action, lobbying, and government affairs for ECA...

 

The promotion signals the increasing influence of the ECA’s government affairs and policy efforts on behalf of gamers following its recent establishment of the ECA Institute, a charitable non-profit that helps develop and implement ECA public policy positions.

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

As GamePolitics reported yesterday, Utah Gov. Jon Huntsman vetoed HB 353, the Jack Thompson video game/movie bill that would have targeted retailers who sold M-rated games or R-rated movies to minors.

The sponsor of the bill, Rep. Mike Morley (R-UT), told the Salt Lake Tribune:

I think it's simply a result of an e-mail campaign from a lot of gamers that misrepresent the bill and [the governor's staff] has not studied it closely enough to recognize that is not the case. I think it was crafted very carefully to avoid those issues and I think they're mistaken.

However, a source close to Utah state politics told GamePolitics yesterday that Gov. Huntsman was the subject of intense lobbying from retailers. The Salt Lake Tribune reports that the Entertainment Software Association mounted a major lobbying campaign as well.

Morley complained to the Deseret News that the Guv didn't give him a courtesy call before vetoing the bill:

I would have thought that just common courtesy would have been to call me.

Legislators are now deciding whether to pursue an override of the veto.

As legislators in Texas consider expanding financial incentives for game developers and other producers of entertainment media, ESA boss Michael Gallagher weighs in with an op-ed in the Austin American-Statesman:

With over 90 development companies in Texas, the video game industry accounted for more than one-third of the moving media industry's $345 million investment in the state in 2007. In addition to the more than 7,500 jobs that the industry currently supports in Texas, the Texas Comptroller of Public Accounts found in a recent report that video games "have a ripple-effect and spread technological innovations to other industries..."

The opportunity now falls on the Texas state legislature, however, to pass the bills that will keep the industry's momentum in the Lone Star State going. Texas currently risks falling behind several states in economic incentive programs for the entertainment industry. This year alone, thirteen states are actively considering legislation that will either create or significantly expand their existing incentive program for digital interactive media development and production...

While economic incentives for the video game industry are a sound investment for Texas' cultural legacy, they are an even better investment for the people of Texas.

Earlier today, GamePolitics spoke with Dave Davis of the Utah Retail Merchants Association.

Davis argued against the original, Jack Thompson-authored version of HB353 during a committee hearing last week. But amendments subsequently added by sponsor Rep. Mike Morley (left) persuaded Davis to drop his group's opposition:

We went from adamantly opposed to the bill to a position of neutrality. We still weren't supporting the bill but we had dropped our opposition based on the fact that [Rep. Morley] had made several favorable amendments for our retailers...

 

The bill was rolling forward and in its first form, it was completely unacceptable. Rep. Morley and the legislature could have very well - and probably would have - passed it in its original form. What we were able to do was secure some safe harbor exemptions for retailers.

Although Davis didn't suggest it, GP asked if the practice of age-gating M-rated game content on websites might offer a measure of protection from HB353's penalties for online retailers:

[Under the amended bill] if a buyer intentionally misrepresents their age, then the retailer wouldn't be subject to penalty. Keep in mind that this statute only applies to retailers who are advertising that they don't sell M-rated games or R-rated movies to underage people.

 

You would have to have a specific [advertisement] that you do not sell the age-restricted product to underage people... Just discussing the [existence of the] rating system would not bring [retailers] under the auspices of "advertising..."

 

If [a retailer] had an incident with one of their clerks, we've now provided a safe harbor where, if they've provided some training for that clerk on how to handle those age-restricted products, they would not be liable...

Davis expects the measure to pass its next hurdle, the Utah State Senate.

The video game industry is beginning to respond - and not in a positive way - to yesterday's passage of HB353, a Jack Thompson-conceived bill, by the Utah House of Representatives.

As GamePolitics reported late yesterday, the Entertainment Merchants Association, which represents a large bloc of game retailers, remains opposed to the measure.

That news seemed to contradict bill sponsor Rep. Mike Morley's assertion during yesterday's hearing that amendments to the proposal had caused "retailers" to drop their opposition. However, Morley was apparently referring to the more general-purpose Utah Retail Merchants Association (more on that below).

The Escapist heard from Dan Hewitt of game publishers' trade group the ESA:

[HB 353 is] a solution in search of a problem. The fact is, Utah has a 94% [retailer ratings] enforcement rate when it comes to video games. Also, Utah state legislators are unfairly targeting video games. Representative Morley's anti-video game bill would expose game retailers to frivolous lawsuits if the store promotes the ESRB rating system.

The perverse effect of this bill is that Utah retailers will stop promoting the ESRB rating system, which has been applauded by media watchdog groups like the National Institute on Media and the Family and the Federal Trade Commission. In short, this is a step back for parents and undercuts the positive work of the ESRB and others who promote the tools and resources available to parents.

Despite a decade-long string of legal victories against video game legislation, the game industry appears headed for a fierce political battle in Utah.

As GamePolitics reported earlier this week, State Rep. Mike Morley (R) will soon introduce a new bill written by longtime game biz nemesis Jack Thompson. Having apparently abandoned past efforts to have violent games declared harmful to minors (an approach that he swore was constitutional), Thompson's new legislative angle would put retailers at risk of false advertising charges if they sell mature-themed games or films to minors.

While there is a tendency in the game community to automatically dismiss any legal theory proposed by the permanently disbarred Thompson, the reality is that Utah could prove to be a battleground state for the video game industry. A lobbyist who is familiar with media content issues explained to GP that Utah's ultra-conservative political landscape offers Thompson a window of opportunity:

This year the industry may face a tougher fight in Utah even with Attorney General Mark Shurtleff's help. The reason is that the conservative wing of the [Utah] Republican Party deposed the moderate Republican Senate President, John Valentine, and replaced him with the conservative Senate President Michael Waddoups. 

 

[For example,] one of Waddoups most recent victories was defeating the Governor's effort to modernize Utah's antiquated liquor laws. Waddoups defeated the bill because he opposed "kids being able to see adults pour drinks."  Well, if he thinks seeing a drink poured in a restaurant is going to corrupt a kid, what will he think about your average video game?

 

Moreover, [Jack Thompson's] new approach targeting false advertising could encourage and energize legislators to try yet again to pass a [video game] law that would survive judicial review.  

In reality, [Thompson's proposal] is unlikely to withstand judicial review, as it would chill protected speech. However, legislators may be willing to roll the dice one more time. It is not their money.

Utah Attorney General Mark Shurtleff (R), whose office is currently reviewing video game legislation drafted by disbarred Miami attorney Jack Thompson, received a campaign contribution from the video game industry in 2008, according to public records obtained by GamePolitics.

The Entertainment Software Association, which represents the interests of U.S. video game publishers, made a $3,000 donation to Shurtleff in May of 2008. The popular, moderate Republican would go on to win an unprecedented third term in November's election.

At the same time, the ESA also made lesser contributions to a pair of state senators, Ross Romero (D) and John Valentine (R).

For his part, Shurtleff has been no stranger to video game issues in recent years.

- In 2005 he called for a boycott on Eidos's cops-and-robbers shooter 25 to Life.

- In 2006 he appeared in a public service announcement advocating the ESRB rating system.

- In 2007 he advised the Utah Legislature to delay consideration of an earlier Jack Thompson-authored bill while a federal court considered the legality of a similar measure in Oklahoma. Afterward, Thompson called for Shurtleff's impeachment. The Oklahoma law was eventually ruled unconstitutional.

UPDATE: In the original version of this article, Sen. Ross Romero was mistakenly listed as a Republican. He is a Democrat and that correction has been made.