Many states have consumer protection laws that this would seem to fall under. For example, in MA "unfair methods of competition" and "unfair or deceptive acts or practices in the conduct of any trade or commerce" are against the law and the attorney general can prosecute. Those terms are interpreted very broadly and it seems to me that opening up boxes, removing something of value, and then selling as new would fall in that category.
So is it back the R1 health? I thought the hybrid health bar/health pack system was pretty cool. It added a sense of tension without turning the game into a treasure hunt.
It's really a shame that this will forever be known as a trailer. It's really a great short. It's got a compelling narrative structure, it tells a complete story in three minutes, it evokes a strong emotional response (which is pretty impressive for CGI characters), and the final few seconds plus the home video is pitch-perfect. I also love that at the beginning it's not at all clear that the girl is a zombie.
With respect to the possibility of a more narrowly-worded law passing constitutional muster, I think that efforts will follow the path of fighting-words laws. Theoretically constitutional, but impossible in practice to draft one that wouldn't be void for vagueness or overbreadth.
Is there some level of violence and obscenity that would cross the line to unprotected speech, and therefore be within the state's power to ban? Yeah, sure. Would anyone ever actually make and sell such a game? Probably not.
GameStop intentionally removing Deus Ex OnLive coupons from retail PC copies (update: GameStop statement and legal outlook)
Aug 24th 2011 1:18PM (Joystiq)Baby Monkey (Going Backwards on a Pig): The Game
Aug 7th 2011 6:23PM (Joystiq)Resistance 3 preview: Hurry down doomsday
Jul 13th 2011 1:02PM (Joystiq)Here's the first (very blurry) image of Respawn Entertainment's unannounced game
Jun 29th 2011 3:22PM (Joystiq)Dead Island trailer wins Gold award at Cannes ... advertising festival
Jun 29th 2011 2:31PM (Joystiq)Dead Island trailer wins Gold award at Cannes ... advertising festival
Jun 29th 2011 1:31PM (Joystiq)Senator Yee: SCOTUS ruling puts corporate America ahead of 'our children' [update: full statement]
Jun 27th 2011 6:42PM (Joystiq)Is there some level of violence and obscenity that would cross the line to unprotected speech, and therefore be within the state's power to ban? Yeah, sure. Would anyone ever actually make and sell such a game? Probably not.
Defiance bringing MMO third-person shooting to PC, 360 and PS3
Jun 10th 2011 7:31PM (Joystiq)Walking Dead game won't retell story of TV and comic series
Jun 8th 2011 3:40PM (Joystiq)Sony introduces PlayStation-branded 3D display, glasses
Jun 7th 2011 7:18AM (Joystiq)