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Reader Comments (31)

Posted: May 12th 2010 6:09PM LaughingTarget said

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If the SCOTUS upholds this, there goes the last hope that the high court is pro-liberty.
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Posted: May 12th 2010 6:10PM pfranzen said

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Why is this a bad thing? Do we want children buying M-rated games?
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Posted: May 12th 2010 6:16PM Funkmaster General said

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It is a very, very subjective topic. I assume someone is going to come in here and prove that to you shortly.
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Posted: May 12th 2010 6:28PM BananaBoat said

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It's a bad thing because it singles video games out specifically for no justifiable reason. It also infringes the first amendment rights of adults, because it will inevitably skew video game content toward a Teen rating.

Do I want M rated games in the hands of kids? No. They are a large reason why I don't use a headset on Xbox Live anymore unless I'm playing with friends. Having said that, this bill does very little to address the issue. Parents could still buy games for their kids. Most retailers are already self policing and refuse to sell video games to kids anyway. This bill is so completely pointless that it's not even worth the Supreme Court's time.

If for nothing else, this bill needs to be ruled unconstitutional to show special interest groups that they can't infringe upon our (adult) rights over ridiculously unfounded claims about the ills of a medium they don't even understand.
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Posted: May 12th 2010 6:30PM pfranzen said

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So would people feel better about it if movies were included, too?
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Posted: May 13th 2010 2:09AM Ranoa02 said

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It's not that we want M-rated games in the hands of those too young to play them in proper context, it's that video games are being unfairly regulated to this extent. Just like books, movies, and music, the distributors self-regulate their own policies -- walmart cards those buying M-rated games that 'look' under 45, for instance, and if they don't show ID or are too young, they refuse the sell. Not because its illegal to sell it, but because the community at large polices itself on this matter. However, if this legislation passes, it will lead the way to federal guidelines on what can and can not be sold based on its content, and that is arguably a breech of freedom of speech, to restrict such materials to only a certain class of people when it's something that's otherwise freely available on any afternoon of public television, such as violence or language.

That's what the petition is about.
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Posted: May 12th 2010 6:41PM BananaBoat said

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@paul - No. Movies have long been held as an artistic expression that is absolutely protected by free speech. As mentioned by others, the ratings have absolutely no legal bearing. Having said that, how many movie theaters will actually sell a minor a ticket to an R rated movie? Almost none, from my prior experience as a minor. That is without a single law restricting them from selling R rated movie tickets to minors. The same is becoming true for video games; retailers are carding in much higher numbers than they ever have before. There is absolutely no reason for the government to have any hand in the regulation of video games for practical reasons, even before mentioning any questions of policy or constitutionality. There simply is no reason for it, so why is California bothering? They're bothering because they see an easy political victory in picking on a nascent industry. I'm sure parents groups all over the country are salivating at the thought of the government stepping in and potentially doing their jobs for them.




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Posted: May 12th 2010 7:03PM liquidsoap89 said

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Reuben nailed it!
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Posted: May 12th 2010 7:49PM Funkmaster General said

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I do what I can. I just thought that someone with more knowledge on the matter would come forth, and I was right.
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Posted: May 13th 2010 8:08AM JCDoe said

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The way I see it, this law, at least in its current form, is made of complete fail with just a hint of cheese.

1) They want to punish retailers who sell M rated games to those under the age of 18. This is a form of censorship. Video games may not be "art" to Ebert, but they're still a form of speech media. Historically, for the Supreme Court to uphold a form of censorship, they've always required there to be an offsetting constitutional right at play, such as freedom of speech vs. public safety (i.e., yelling "fire" in a crowded theater), speech vs. right to privacy, etc. California will argue that this is a case of public safety, but I just don't see it happening. The link is far too delicate.

2) The law is based on the ratings of a voluntary ratings board. The ESRB is not a government bureaucracy, they're a subset of an industry trade group. So basically, by upholding this law, the Supreme Court would either need to declare that the ESRB as an independent agency is authoritative on the subject (which is insane), or would need to create a Federal and official ESRB (which I really hope doesn't happen).

Just don't see California winning.
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Posted: May 12th 2010 6:13PM teira said

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Really? The ECA is actually DOING something for once?
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Posted: May 12th 2010 7:53PM Ashkental said

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ECA means "Ewwww" in my country, like: Disgusting!
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Posted: May 12th 2010 6:19PM Mockedy said

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Why in the heck are we trying to stop this? Did I miss something? All this will do is allow a fine to be placed on retailers that sell M rated games to children. And this is bad why?
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Posted: May 12th 2010 6:18PM OzCueball said

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"This October is the earliest we could possibly see some movement on the US Supreme Court appeal of AB 1179"

And you can bet your ass Jack Thompson will be there. The bastard!
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Posted: May 12th 2010 6:24PM (Unverified) said

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So where do we go if we do support banning the sale of graphic games to kids?
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Posted: May 12th 2010 8:04PM sonicspike41 said

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Australia.
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Posted: May 12th 2010 6:23PM leobebes said

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If this means less hate filled rants from racist underage kids on Xbox Live then whats wrong with the bill?
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Posted: May 13th 2010 12:57AM CubeGuy said

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Because it WON'T mean that. Kids still aren't usually allowed to purchase M-rated titles right now. Still, they end up with them due to bad parenting. A bill like this isn't going to stop idiots from giving it to their children.
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Posted: May 12th 2010 6:29PM Sleepyperson said

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Until they give me a better reason I can't sign.
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Posted: May 12th 2010 6:29PM TheDarkWayne said

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Since people are going to ask this a billion times i'll just lay it out right here to avoid questions of it on page 5. The main reason people are afraid of this bill is that if minors cant purchase M-games, there is a chance, however slight, that development might shift to focus on more kid friendly, potentially less fun games. Before anyone also tries to say it won't make a difference at all because kids will just convince their parents well, i'd like to see anyone explain away something like Dragon Age's broodmother
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Posted: May 12th 2010 6:42PM MarkezJM said

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It won't make a difference since these kids are just going to get their parents to buy them. I think it's a fair concern, as is evidenced by the fact that AO games aren't made often/ever for consoles and I think many stores have corporate policy where they won't even stick AO stuff on the shelves.

IT'S FINE though, I think, if the focus shifts to kid friendly & less fun games. We're already there. Dirty was telling me about some game he was playing with hell and flying knives and vaginas and stuff, I mean c'mon, we're already at kid friendly and less fun.
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Posted: May 12th 2010 6:55PM (Unverified) said

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Ohh, the logo is a capital E and lowercase A. I always thought it was a flying paragraph symbol with fangs eating Pac-Man power pellet.
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Posted: May 12th 2010 7:05PM liquidsoap89 said

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I think I like your version of the logo more than the actual one.
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Posted: May 12th 2010 9:40PM Alistair said

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I always thought is was some sort of abstract may reproductive organ.

But to each his own.
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Posted: May 12th 2010 9:41PM Alistair said

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*male, not may
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Posted: May 12th 2010 7:04PM (Unverified) said

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Stop acting like the sky is falling, development goes to where the money is, period. Anybody who thinks that developers may abandon making adult titles because retailers could get fined is as delusional as the people that think this legislation will make a difference.
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Posted: May 12th 2010 7:35PM PhilipJWitow said

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I support this petition and all, but do they REALLY need to put in a link at the bottom whereby they can email me promotions and give me a trial membership for 3 months and then potentially get me to sign up permanently for their website?

It feels a lot like while they're trying to do this petition to stop it getting through, they're also just using it to sign up more people to their association. :\
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Posted: May 12th 2010 8:53PM (Unverified) said

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I don't see how they can try and stop sales of games to children when their logo is a penis...
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Posted: May 12th 2010 9:40PM Clinton O said

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that symbol looks like a dick lol
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Posted: May 12th 2010 11:11PM (Unverified) said

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ECA also supports scamming its own members.
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Posted: May 12th 2010 11:45PM Dan50 said

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If this gets passed then video games will be censored like Germany and Australia because the 18 rating the government will give the M rating will be treated like the AO rating and banned form stores and consoles and self censorship will happen on a massive scale. :(
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