Joystiq http://www.joystiq.com Joystiq http://www.blogsmithmedia.com/http://www.joystiq.com/media/feedlogo.gif Joystiq http://www.joystiq.com en-us Copyright 2013 Weblogs, Inc. The contents of this feed are available for non-commercial use only. Blogsmith http://www.blogsmith.com/<![CDATA[Events 2012: SOPA]]>http://www.joystiq.com/2013/01/02/events-2012-sopa/http://www.joystiq.com/2013/01/02/events-2012-sopa/http://www.joystiq.com/2013/01/02/events-2012-sopa/#comments The Stop Online Piracy Act, had it been successfully enacted, would have given US law enforcement agencies the ability to legally bar search engines from linking to websites that were deemed to host copyright-violating content (whatever that may be), provided said agencies were able to obtain a court order.

It also would have given law enforcement the ability to bar advertisers and e-commerce payment providers from doing business with offending websites, but the bill's real party peace was its ability to block access to infringing websites at the ISP level.

If you think that sounds oddly familiar, that's because it's essentially what The Patriots were trying to accomplish in Metal Gear Solid 2, although the bill's less clandestine methodology wouldn't have required the construction of a massive submersible aquatic fortress.
  • As troubling as all that sounds, internet legislation isn't really in our wheelhouse since we're a video game website and everything. Once Nintendo, Sony and EA all put their weight behind the bill, however, the issue suddenly fell under our jurisdiction and became much more complicated, especially once Microsoft, Apple and a consortium of other tech giants expressed their support.

JoystiqEvents 2012: SOPA originally appeared on Joystiq on Wed, 02 Jan 2013 16:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>billcensorshipcongressevents-2012house-of-representativesinternetlawlegallegislationPIPApoliticssenateSOPAWed, 02 Jan 2013 16:30:00 EST<![CDATA[Politicians propose cigarette warning labels for games]]>http://www.joystiq.com/2012/03/21/politicians-propose-cigarette-warning-labels-for-games/http://www.joystiq.com/2012/03/21/politicians-propose-cigarette-warning-labels-for-games/http://www.joystiq.com/2012/03/21/politicians-propose-cigarette-warning-labels-for-games/#comments A bipartisan bill has been introduced that would, if passed, require cigarette-esque warning labels on video games. Authored by house reps Frank Wolf (R-VA) and Joe Baca (D-CA), the Violence in Video Games Labeling Act (H.R. 4204) would require all games rated "E" or higher, regardless of actual content, to bare a label that reads "WARNING: Exposure to violent video games has been linked to aggressive behavior."

This isn't the first time Wolf and Baca have tried to introduce such legislation; "The Video Game Health Labeling Act of 2009" was essentially the same bill, although it only applied to games rated "T" and up. Its proposed warning label also made mention of "other violent media," which is absent from the dynamic duo's latest draft.

"Representative Baca's facially unconstitutional bill -- which has been introduced to no avail in each of six successive Congressional sessions, beginning in 2002 -- needlessly concerns parents with flawed research and junk science," says ESA representative Rich Taylor in a statement to Gamasutra.

Taylor goes on to say that the supporting evidence used by Baca in the past has been "exhaustively reviewed" by "numerous medical experts, research authorities, and courts across the country, including the United States Supreme Court," which collectively found the data "lacking and unpersuasive."

Baca's resolve, however, refuses to waiver. "The video game industry has a responsibility to parents, families and to consumers to inform them of the potentially damaging content that is often found in their products," Baca told The Hill. "They have repeatedly failed to live up to this responsibility."

When asked to comment, a fictional ESRB representative said "What am I, chopped liver?"

JoystiqPoliticians propose cigarette warning labels for games originally appeared on Joystiq on Wed, 21 Mar 2012 17:45:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>3dsdsFrank-WolfHR-4204joe-bacalawlegallegislationmacmicrosoftnintendopcplaystationplaystation-vitaps3pspsonyViolence-in-Video-Games-Labeling-ActvitawiixboxWed, 21 Mar 2012 17:45:00 EST<![CDATA[Australian government finally introduces R18+ bill, to go into effect next year]]>http://www.joystiq.com/2012/02/16/australian-government-finally-introduces-r18-bill-to-go-into-e/http://www.joystiq.com/2012/02/16/australian-government-finally-introduces-r18-bill-to-go-into-e/http://www.joystiq.com/2012/02/16/australian-government-finally-introduces-r18-bill-to-go-into-e/#comments Australia's game rating woes are almost over. After years of debate and legal discussion about an R18+ rating for video games there (that would allow for the equivalent of the ESRB's M-rated games to be released without, you know, being illegal), the government has finally agreed to the new rating, aiming to enact it as early as next year. A bill setting up the extra rating was introduced to the Federal Parliament this week, and is expected to pass easily through the House and Senate.

The bill would go into effect sooner, but the Federal Minister for Home Affairs says the government needs time to finish all of the paperwork on the new regulation, and to allow each state and territory to draft its own laws enforcing the rating. The bill wouldn't mandate a nationwide rating, but simply allow each territory to create its own.

But that shouldn't be an issue, according to those in the know. Apparently, there's plenty of public support already. There were almost 60,000 submissions from the public responding to a discussion paper from 2010, and 98% of those were strongly in support of games rated R18+. As soon as the laws go into effect, retailers will be free to sell games as needed to anyone old enough to buy them.

JoystiqAustralian government finally introduces R18+ bill, to go into effect next year originally appeared on Joystiq on Thu, 16 Feb 2012 01:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>australiachildrenfederal-parliamentgameslegislationmaturer18ratingrulingThu, 16 Feb 2012 01:00:00 EST<![CDATA[Senate Bill 978 not much of a danger to YouTube game runthroughs]]>http://www.joystiq.com/2011/07/06/senate-bill-978-not-much-of-a-danger-to-youtube-game-runthroughs/http://www.joystiq.com/2011/07/06/senate-bill-978-not-much-of-a-danger-to-youtube-game-runthroughs/http://www.joystiq.com/2011/07/06/senate-bill-978-not-much-of-a-danger-to-youtube-game-runthroughs/#comments When we're too busy to actually play Gitaroo Man, we happily resort to watching "Let's Play" runthrough videos of Gitaroo Man. Unfortunately, an addendum to federal copyright laws currently working its way through our country's legislative channels seeks to make streaming videos of copyrighted content just as illegal as pirating films -- the penalties for which are displayed every time you start up a video. Fortunately, This is My Next has explained why this law wouldn't find much traction in stopping these kinds of nostalgic walkthroughs from being uploaded.

The statute can only be enforced in instances where uploaders are "willfully" infringing on a copyright with intent to make money, and is only punishable if said uploader makes (or the game company loses) over $2,500. That's probably not true about a vast majority of the walkthroughs on streaming video sites, meaning our vicarious Gitarooing should continue unabated.

JoystiqSenate Bill 978 not much of a danger to YouTube game runthroughs originally appeared on Joystiq on Wed, 06 Jul 2011 15:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>copyright-infringementlawlegislationpoliticssenatesenate-bill-978Wed, 06 Jul 2011 15:30:00 EST<![CDATA['Let's Play' videos may soon make you a felon thanks to Senate Bill S.978 [Updated]]]>http://www.joystiq.com/2011/07/02/lets-play-videos-may-soon-make-you-a-felon-thanks-to-senate-b/http://www.joystiq.com/2011/07/02/lets-play-videos-may-soon-make-you-a-felon-thanks-to-senate-b/http://www.joystiq.com/2011/07/02/lets-play-videos-may-soon-make-you-a-felon-thanks-to-senate-b/#comments [Update: This Is My Next's Nilay Patel has published an extensive break-down of S.978, and it looks like the bill, if passed, wouldn't actually change much of anything for the majority of people who don't profit from their YouTube videos. "Some of the outcry here is a little overblown, as the text of the bill isn't quite as bad as you might think."]

Hold on to your butts, Internet, because this party is going to get a whole lot worse before it gets any better. According to Game Informer, a Senate Bill has been introduced which, if passed, would make streaming unauthorized copyrighted material a felony, resulting in up to 5-years of jail time.

Bill S.978 states that "10 or more public performances by electronic means, during any 180-day period, of 1 or more copyrighted works" will result in "not more than 5 years" of imprisonment, so long as the performance in question is valued at at-least $2,500 USD, or if the value of a license to legally "perform" the content is valued at $5,000 or more.

These are, in essence, the same criteria that allow for DMCA take-down notices to be issued by copyright holders, however jail time and felony status are not currently associated with this particular flavor of copyright infringement. Should this bill jump through all the right hoops, its broadly worded contents could potentially cover everything from homemade gameplay clips (commonly referred to "Let's Play" videos), to fan-made music videos, webcam cover songs, and anything else that involves copyrighted music or video. S.978 could also potentially cover cell-phone videos of concerts and press events, making 13-year-old Beliebers and jaded gaming journalists alike equally in danger of losing their right to vote.

If accepted into law, these addenda will be attached to existing copyright laws and will not only apply to YouTube users, but to the sites that embed YouTube content as well. Internet activism group Demand Progress has set up a web-form for those who disagree with the legislation and wish to communicate their displeasure to their local representatives. We would be concerned about the bill's implications as well, but fear not dear reader: the legislation doesn't cover puppet shows as far as we can tell, so Joystiq Playhouse's shadow-kabuki production of Battle Arena Toshinden should still be on track.

Joystiq'Let's Play' videos may soon make you a felon thanks to Senate Bill S.978 [Updated] originally appeared on Joystiq on Sat, 02 Jul 2011 22:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>battle-arena-toshindenBilllegislationS.978SenateSenate-Billstreamingstreaming-videous-senateyoutubeyoutube.comSat, 02 Jul 2011 22:30:00 EST<![CDATA[Utah Governor vetoes video game and movie legislation [update]]]>http://www.joystiq.com/2009/03/25/utah-governor-vetoes-video-game-and-movie-legislation/http://www.joystiq.com/2009/03/25/utah-governor-vetoes-video-game-and-movie-legislation/http://www.joystiq.com/2009/03/25/utah-governor-vetoes-video-game-and-movie-legislation/#comments
It's game over in Utah, for now. Utah Governor Jon Huntsman (R) has vetoed the video game and movie retail restriction bill, which would have enforced strict penalties on retailers who sell M-rated games (and R-rated movies) to "buyers subject to an age restriction or recommendation."

The legislation (HB 353), authored by Jack Thompson and legislator Mike Morle, recently swept the Utah House of Representatives by a 25 to four margin. According to GamePolitics, Jack Thompson claims the backers of the bill will seek an override of the veto.

In a letter explaining his reasons for the veto, Huntsman says HB 353 would likely "be struck down by the courts as an unconstitutional violation of the Dormant Commerce Clause and/or the First Amendment." Huntsman estimates that a possible "unintended consequence" of passing the legislation would be that the industries most affected could choose to forgo the use of "age appropriate labels on goods and services," because of their voluntary nature -- hurting families in the long run. Huntsman full letter can be read after the break.

Update: Michael D. Gallagher, president and CEO of the ESA has responded to the news in a comment, found after the break.

Continue reading Utah Governor vetoes video game and movie legislation [update]

JoystiqUtah Governor vetoes video game and movie legislation [update] originally appeared on Joystiq on Wed, 25 Mar 2009 20:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>first-amendmenthb-353jack-thompsonlawlegislationunconstitutionalutahvetoWed, 25 Mar 2009 20:30:00 EST<![CDATA[Utah game retail restriction bill passes House]]>http://www.joystiq.com/2009/03/04/utah-game-retail-restriction-bill-passes-house/http://www.joystiq.com/2009/03/04/utah-game-retail-restriction-bill-passes-house/http://www.joystiq.com/2009/03/04/utah-game-retail-restriction-bill-passes-house/#comments
HB 353, a piece of Utah legislation which enforces stricter penalties against game and film retailers who sell M-rated and R-rated content to "buyers subject to an age restriction or recommendation,' and which was authored by Rep. Mike Morley and former Miami attorney Jack Thompson, passed through the Utah House of Representatives yesterday by a vote of 70 for and two against. It will now make its way to Utah's state senate -- should it pass there as well, it will go to the desk of Gov. Jon Huntsman to be signed into law, which will go into effect on January 1, 2010.

The bill passed by an overwhelming margin after a number of amendments to the legislation were approved by the House. The amendments were largely tacked on to the bill in an attempt to lower the hackles of disapproving retailers -- for instance, one addition keeps retailers from suffering the harsher penalties if an underage customer lies about his or her age when purchasing a mature product. In response, we anticipate Utah's fake mustache industry to see a threefold rise in revenue during the next fiscal year.

JoystiqUtah game retail restriction bill passes House originally appeared on Joystiq on Wed, 04 Mar 2009 10:57:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>game-lawhouse-of-representativesjack-thompsonlawlegislationutahutah-game-billWed, 04 Mar 2009 10:57:00 EST<![CDATA[LGJ: More game laws?]]>http://www.joystiq.com/2009/02/09/lgj-more-game-laws/http://www.joystiq.com/2009/02/09/lgj-more-game-laws/http://www.joystiq.com/2009/02/09/lgj-more-game-laws/#commentsFiled under:

Each week Mark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games:


It's early 2009, we've just elected a new President, and there are quite literally a mountain of problems to be addressed on Capitol Hill. Our economy has been in substantial turmoil for roughly six months, with some problems stretching back for years. Many states are at or near bankruptcy. This economic crisis has, by now, hit every country on the planet to some degree. So, our legislators have spent the last two months rushing to put together proposals to regulate video games. No, no one's undivided attention has been on the economy during this complete mess. Instead, since the start of the year, it seems there has been an explosion of potential new video game regulations, from Jack Thompson's bill in Utah, to New York, to the US Congress, to Australia -- just to name a few. And that's in addition to issues like the FTC's rumblings about DRM, which I've mentioned previously.

While this boom in regulations and potential enforcement may be great news for sites like GamePolitics, it's potentially bad news for game developers and consumers, not to mention the taxpayers who are footing the bill for all of this. Of course, these laws are also coming from a number of different directions and under different theories, so I thought it might be a good time to give a short take on each and predict which directions things could be going.

Continue reading LGJ: More game laws?

JoystiqLGJ: More game laws? originally appeared on Joystiq on Mon, 09 Feb 2009 22:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>australiabillsjack-thompsonlawlaw-of-the-gamelawslegislationlegislaturelgjnew-yorkregulationsusus-congressutahMon, 09 Feb 2009 22:00:00 EST<![CDATA[New Illinois law bans Alcopop depictions from children's games]]>http://www.joystiq.com/2009/01/04/new-illinois-law-bans-alcopop-depictions-from-childrens-games/http://www.joystiq.com/2009/01/04/new-illinois-law-bans-alcopop-depictions-from-childrens-games/http://www.joystiq.com/2009/01/04/new-illinois-law-bans-alcopop-depictions-from-childrens-games/#commentsFiled under:


We'll be the first ones to admit when video games cross the line in terms of containing content not suitable for kids -- GTA IV, for instance, contains a cornucopia of foul language and violence that youngsters probably shouldn't be privy to. In that respect, we can understand the justification behind a bill that would ban the sale of violent games to minors -- though we would strongly disagree with such a measure.

However, this latest piece of video game legislation is beyond all comprehension -- Illinois legislators (who attempted to pass a violent game ban in 2005 until it was -- of course -- found unconstitutional by a federal judge) recently passed a bill banning the advertisement, promotion or marketing of Alcopop beverages in children-centric video games (as well as theater performances and concerts). That means no more depictions of Boone's Farm and Smirnoff Ice in all T-rated and under titles -- assuming there are any such depictions to begin with, which we highly doubt.

Even if there's some unknown genre of kids' games that are just rife with Zima product placements, it's unlikely that there is a substantial enough state interest to justify the passing of such a regulation. Oh, screw it. We're not going to try to apply reason to an unreasonable government action. We want youngsters to stay away from Mike's Hard just as much as the next lot, but legislation banning its endorsement in a medium whose regulatory body already prohibits such endorsements is a complete waste of everyone's time.

JoystiqNew Illinois law bans Alcopop depictions from children's games originally appeared on Joystiq on Sun, 04 Jan 2009 12:00:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>alcoholalcopopbanillinoislegislationSun, 04 Jan 2009 12:00:00 EST<![CDATA[Insomniac's Ted Price speaks out against video game legislation]]>http://www.joystiq.com/2008/09/25/insomniacs-ted-price-speaks-out-against-video-game-legislation/http://www.joystiq.com/2008/09/25/insomniacs-ted-price-speaks-out-against-video-game-legislation/http://www.joystiq.com/2008/09/25/insomniacs-ted-price-speaks-out-against-video-game-legislation/#commentsFiled under:


Insomniac's CEO Ted Price knows about fun and games. However, he takes the issue of games legislation quite seriously. "I think video game legislation has no place in America," Ted Price told Shacknews in an interview. "It saddens me to see legislators stomping all over our First Amendment rights for their own specific interests."

Although they may be most famous for Ratchet & Clank, Insomniac is no stranger to creating games meant for adults. Their PS3 launch title, Resistance has sold millions of copies, with a sequel being readied for launch in November.

He believes that video games are being painted as the "scapegoat" of society's problems, much like movies, radio and even books in the past. Just like in the past, it will take some time before this attitude is rectified. "It won't be until we have more gamers running for office that this will calm down," he added. "It's something that we'll weather, because we are right, what we do is defensible under the Constitution and shouldn't be regulated by the government."

[Via GameDaily]

JoystiqInsomniac's Ted Price speaks out against video game legislation originally appeared on Joystiq on Thu, 25 Sep 2008 21:15:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>insomniaclegislationted-priceThu, 25 Sep 2008 21:15:00 EST<![CDATA[ESA receives $282,794 reimbursement from California]]>http://www.joystiq.com/2008/08/05/esa-receives-282-794-reimbursement-from-california-may-not-be/http://www.joystiq.com/2008/08/05/esa-receives-282-794-reimbursement-from-california-may-not-be/http://www.joystiq.com/2008/08/05/esa-receives-282-794-reimbursement-from-california-may-not-be/#commentsFiled under: ,


The ESA, after a series of recent blows, is certainly becoming a more transparent organization -- and adding just a hint of badass to its rep. As a warning to all the other states out there looking to take on the industry with unconstitutional legislation, the ESA has placed an image of California's $282,794 legal fee reimbursement check in its latest press release. That's like the business equivalent of putting your enemy's head on a stick on the front lawn.

The ESA states that "California deserves more" than politicians pursuing "flawed legislation" and lists several places that California would have been better served spending the cash on (listed after the break). Most depressingly for California taxpayers is that this check isn't even the end of the story. The state is currently appealing the judge's injunction on the game law. Meaning, if the courts maintain the same ruling, then the ESA is going to get even more cash from California's piggy bank.

Continue reading ESA receives $282,794 reimbursement from California

JoystiqESA receives $282,794 reimbursement from California originally appeared on Joystiq on Tue, 05 Aug 2008 14:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>breakingnewscaliforniacalifornia-game-lawesagame-lawlegislationTue, 05 Aug 2008 14:30:00 EST<![CDATA[New York governor signs 'unnecessary' game law]]>http://www.joystiq.com/2008/07/22/new-york-governor-signs-unnecessary-game-law/http://www.joystiq.com/2008/07/22/new-york-governor-signs-unnecessary-game-law/http://www.joystiq.com/2008/07/22/new-york-governor-signs-unnecessary-game-law/#commentsFiled under: ,


New York Governor David Patterson has signed some of the most ... well, put it this way, if you like the government wasting time, then you're going to love the recently signed New York game bill. GamePolitics reports the legislation establishes an advisory council to conduct a study between games and real-world violence. It also requires -- here's the kicker -- new video game consoles to incorporate parental lockout features by 2010 and retail games to disclose ESRB ratings. News flash: All consoles already have parental lockout features built in and ESRB ratings are prominently displayed on each game's box and disc.

For its part, the Entertainment Software Association believes the law ignores "legal precedent, common sense and the wishes of many New Yorkers in enacting this unnecessary bill." It points out that the mandates required are already voluntarily in place and the bill unfairly singles out the video game industry. The ESA asks if New York would like to convene a government commission on books, theater and film as well. It's still up in the air if the ESA will sue New York, but the lobby group has gotten good at getting game laws overturned in several states and making its money back for doing so in the process.

JoystiqNew York governor signs 'unnecessary' game law originally appeared on Joystiq on Tue, 22 Jul 2008 15:58:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>david-pattersonesagame-lawlawlegislationnew-yorknew-york-game-lawthe-esaTue, 22 Jul 2008 15:58:00 EST<![CDATA[Betrayal! Law of the Game columnist explains how to pass game legislation]]>http://www.joystiq.com/2008/05/08/betrayal-law-of-the-game-columnist-explains-how-to-pass-game-le/http://www.joystiq.com/2008/05/08/betrayal-law-of-the-game-columnist-explains-how-to-pass-game-le/http://www.joystiq.com/2008/05/08/betrayal-law-of-the-game-columnist-explains-how-to-pass-game-le/#commentsFiled under:


Friends, we have a traitor in our midst. Our very own Law of the Game columnist, Mark Methenitis, has given the enemy a point-by-point plan on how to regulate games. He thought we wouldn't find it on his personal blog, and many Bothans died to bring us this information, but here is a small sample of his treachery.
  • "1. Forget the idea that you're only regulating games: If you want a regulation to stick, targeting one media without credible proof of the difference between that media and all of the other things kids are exposed to isn't going to fly. So, if you want to regulate games, the bill needs to also regulate movies, maybe music, and potentially even books. It needs to be a universal approach to put parents in control. ..."
  • "5. Forget the 'AO' rating for games: The argument is often made that some games should be rated 'AO.' Forget it. An 'AO' rating is basically banning the game from sale, or classifying it with the most hardcore pornography. Unless the game is some sort of sexual simulation, it shouldn't garner an 'AO' rating. In general, the sexual content in an 'M' game falls short of what is in many R rated movies or even what is on television. Arguing that a game like GTA IV should be AO is just an effort in futility."
  • "9. This should be a fine only offense, and only a fine against the store: It is the requirement of the store to perform their due diligence on each sale. Keeping that in mind, this isn't injecting heroin into the veins of children. The idea that it should be a criminal offense is just silly, and the idea that individual cashiers should be punished is equally inane. If a store has a problematic cashier, then the store should be held accountable and be allowed to deal with the cashier as they see fit."
There are six other points of treason! To reward Mr. Methenitis for his disloyalty we have dispatched our battle cats. May Cthulhu have mercy on his soul.

[Thanks, geonex88]

JoystiqBetrayal! Law of the Game columnist explains how to pass game legislation originally appeared on Joystiq on Thu, 08 May 2008 20:58:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>lawlaw-of-the-gamelaw-of-the-game-on-j...legallegislationmark-methenitisThu, 08 May 2008 20:58:00 EST<![CDATA[Law of the Game on Joystiq: Video game laws (abort/retry/fail)]]>http://www.joystiq.com/2008/03/19/law-of-the-game-on-joystiq-video-game-laws-abort-retry-fail/http://www.joystiq.com/2008/03/19/law-of-the-game-on-joystiq-video-game-laws-abort-retry-fail/http://www.joystiq.com/2008/03/19/law-of-the-game-on-joystiq-video-game-laws-abort-retry-fail/#commentsFiled under:

Each week Mark Methenitis contributes Law of the Game on Joystiq, a column on legal issues as they relate to video games:


This week has seen a striking revival of 'video game legislation' stories, from Massachusetts to Minnesota to England. Given the sudden resurgence of the issue, it seemed like an appropriate time to dissect the legal issue of 'video game regulation' on the Law of the Game operating table. The concept of government regulation is as much a legal construct as it is a political one, and to date, it has been the legal system's role to strike down these regulations as a violation of free speech (although, it has recently been brought out that, at a minimum, Justice Scalia may not agree). The real issue at hand is where, if anywhere, a 'video game law' could fall in our legal system.

In broad terms, the US government gets to regulate many things, be that at the state or federal level. Just take a moment to think of all of the ways the government restricts your personal and professional life. If you want to drive a car without stealing it, you have to be at least 16 years old. If you want to buy certain 'products' from law-abiding establishments (the guy in the back alley doesn't count), the age restrictions are set at 18 or 21. If you want to sell a franchise concept, you have to make certain disclosures as required by the Federal Trade Commission and various state regulators. If you want to get philosophical, this is all part of the 'social contract,' and these restrictions are generally in place for the benefit of the public at large. But what about the games?

Continue reading Law of the Game on Joystiq: Video game laws (abort/retry/fail)

JoystiqLaw of the Game on Joystiq: Video game laws (abort/retry/fail) originally appeared on Joystiq on Wed, 19 Mar 2008 18:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>lawlaw-of-the-gamelegallegislationpoliticsregulationsWed, 19 Mar 2008 18:00:00 EST<![CDATA[Presidential candidates talk video game violence]]>http://www.joystiq.com/2007/12/13/presidential-candidates-talk-video-game-violence/http://www.joystiq.com/2007/12/13/presidential-candidates-talk-video-game-violence/http://www.joystiq.com/2007/12/13/presidential-candidates-talk-video-game-violence/#commentsFiled under: , ,

Health care? Taxes? Immigration? Why do presidential candidates insist on wasting our time talking about such trivial issues? When will they address the questions we really care about -- the ones about video games? Well, actually, right now.

Non-partisan, not-for-profit advocacy group Common Sense Media has quizzed some of the leading presidential candidates on a variety of media issues, video game violence legislation among them. Here's a quick summary of their views on proposed federal legislation limiting children's access to violent games:
  • Senator John Edwards (D - NC): The ESRB and retailers are doing a pretty good job, but the FTC found that 42 percent of children under 17 can still purchase M-rated games, and that's too high. Publishers need to tone down the marketing of violent games to kids. If the industry isn't careful, the government "will need to consider further steps" to keep these games away from children
  • Senator Barack Obama (D - IL): Video games should use technology to let parents restrict content [Note to Obama: they already do.] The rating system should be improved to make content information "easier to find and easier to understand. ... but if the industry fails to act, then my administration would." In any case, the government should spend money to study the problem.
  • Governor Bill Richardson (D - NM): "I would consider this legislation," but it's really up to the parents. I'll give federal employees paid time off to spend with their kids.
  • Fmr. Governor Mitt Romney (R - Mass.): I would enforce current obscenity laws to protect children from "a societal cesspool of filth, pornography, violence, sex, and perversion." I would "go after" retailers that sell violent games.
While the responses are interesting, the lack of participation from front-runners like Hillary Clinton, Rudy Guliani and Mike Huckabee makes the information a little less than complete just weeks away from the Iowa caucuses. Still, the full questionnaire has illuminated the candidates' thoughts on other game-related issues such as childhood obesity, screen time, media literacy and the media's impact on the candidates' own kids. Be an informed voter and give it a read.

JoystiqPresidential candidates talk video game violence originally appeared on Joystiq on Thu, 13 Dec 2007 13:30:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>2008barack-obamabill-richardsoncampaignedwardsjohn-edwardslawlegislationmitt-romneyobamapresidentpresidentialrichadsonromneyviolenceThu, 13 Dec 2007 13:30:00 EST<![CDATA[ESA wants Schwarzenegger to pay for legal fees]]>http://www.joystiq.com/2007/09/06/esa-wants-schwarzenegger-to-pay-for-legal-fees/http://www.joystiq.com/2007/09/06/esa-wants-schwarzenegger-to-pay-for-legal-fees/http://www.joystiq.com/2007/09/06/esa-wants-schwarzenegger-to-pay-for-legal-fees/#commentsFiled under: ,

California Governator Arnold Schwarzenegger made good on his promise today to file an appeal over a judge's ruling that a recently-proposed violent video games law was unconstitutional. In apparent retaliation, the Entertainment Software Association has filed a motion for California to recoup $324,840 in legal fees for its previous, successful challenge against the law.

In a statement, the ESA said that if the motion is granted, the industry will have been awarded a total of $1.9 million in fee and expenses for "defending its First Amendment rights" in this case and eight others. The trade association has a pretty good batting average so far, but does it have the firepower to defeat a T-101 exo skeleton?

[Update: Although we like the thought of a robotic insectoid turtle monster, we have to provide canonical accuracy. The T-101 skeleton was on the inside of the body. Fixed.]

JoystiqESA wants Schwarzenegger to pay for legal fees originally appeared on Joystiq on Thu, 06 Sep 2007 15:25:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>arnoldschwarzeneggercaliforniaesalegislationschwarzeneggerThu, 06 Sep 2007 15:25:00 EST<![CDATA[Mitt Romney cleaning up dirty video game water]]>http://www.joystiq.com/2007/07/18/mitt-romney-cleaning-up-dirty-video-game-water/http://www.joystiq.com/2007/07/18/mitt-romney-cleaning-up-dirty-video-game-water/http://www.joystiq.com/2007/07/18/mitt-romney-cleaning-up-dirty-video-game-water/#commentsFiled under:


Former one-term governor of Massachusetts Mitt Romney is starting his campaign off on the great motivator of fear. Using the ocean as a metaphor based off something Columbine related, he speaks of how "deeply troubled" he is by the culture our children grow up in today. Romney says, "I'd like to see us clean up the water in which our kids are swimming. I'd like to keep pornography from coming up on their computers. I'd like to keep drugs off the street. I'd like to see less violence and sex on TV and in video games and in movies. If we get serious about this we can actually do a great deal to clean up the water in which our kids and grandkids are swimming." Senator Brownback of Kansas says Romney is just a little late to the culture wars.

Brownback, who's already busy with his own battle on video games, says that Romney is a hypocrite because while he was on the board of Marriott International (hotel chain) he was paid $100,000 a year by a company that makes millions of dollars a year from in-room pornography rental. Raise your hand if you like yummy gooey irony.

As we move into high gear on what will be the longest US presidential election campaign cycle ever, it'll be interesting to watch how many times video games come up as talking points when, well, it's pretty clear there are bigger issues going on. But darn it, video games make for much easier talking points.

JoystiqMitt Romney cleaning up dirty video game water originally appeared on Joystiq on Wed, 18 Jul 2007 19:02:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>billsbrownbackcampaignlawslegislationpoliticsromneyvideogamesWed, 18 Jul 2007 19:02:00 EST<![CDATA[NY game bill awaits passage in July]]>http://www.joystiq.com/2007/06/22/ny-game-bill-awaits-passage-in-july/http://www.joystiq.com/2007/06/22/ny-game-bill-awaits-passage-in-july/http://www.joystiq.com/2007/06/22/ny-game-bill-awaits-passage-in-july/#commentsFiled under: ,

Though two pieces of video game legislation passed in New York -- one in the Senate and one in the Assembly -- a compromise was not reached in time for a vote before the current session ended yesterday, reports Game Politics. The compromise was reached, however, and a unified bill is expected to pass when the legislature reconvenes in July.

According to Lower Hudson Online, the agreement still makes it a felony to sell "violent and obscene video games to minors." The bill would also have manufacturers equip game consoles with parental control settings (already available in the newest consoles) and retailers would have to label violent and obscene games (already done with the ESRB, though this bill reportedly requires another sticker).

If the bill, which Vicarious Visions called troubling in an Albany Times-Union op-ed, passes in July, expect the Entertainment Software Association to go after the bill with the First Amendment. And so far they have a pretty good track record.

[Thanks to everyone who sent this in!]

JoystiqNY game bill awaits passage in July originally appeared on Joystiq on Fri, 22 Jun 2007 16:26:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>game politicsGamePoliticslegislationnew yorkNewYorkFri, 22 Jun 2007 16:26:00 EST<![CDATA[NY Times: Game law probably won't 'pass muster' in courts]]>http://www.joystiq.com/2007/06/13/ny-times-says-game-law-probably-wont-pass-muster-in-courts/http://www.joystiq.com/2007/06/13/ny-times-says-game-law-probably-wont-pass-muster-in-courts/http://www.joystiq.com/2007/06/13/ny-times-says-game-law-probably-wont-pass-muster-in-courts/#commentsFiled under:

We've been saying it all along, but maybe if the New York Times says it, the politicians will finally listen. In an editorial the NYT says violent and sexually explicit games can be bad, "but banning them as [Governor] Spitzer and legislators want to do probably will not pass muster in the courts." They point out that Illinois spent $1.5 million defending their law which was eventually deemed unconstitutional. Guess who's next New York? The ESA is watching.

Unlike the silliness going on in England over Resistance and the Church, these New York bills aren't the actions of the naive. Gov. Spitzer et al. aren't unaware how severe their actions are, they know full well what they're doing. Despite this, they continue charging like a bull headfirst into a courtroom which will just take the cash out of New York taxpayers' pockets and hand it over to the ESA for their court bills (and don't forget having to pay the New York attorneys who'll have to defend the legislation). As one commenter on GamePolitics put it, "The reason they think the bills won't fail is because they have something that the other bills didn't have ... a REALLY good feeling about this."

[Via GamePolitics]

JoystiqNY Times: Game law probably won't 'pass muster' in courts originally appeared on Joystiq on Wed, 13 Jun 2007 19:55:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>esagame lawlegislationnew yorkspitzterWed, 13 Jun 2007 19:55:00 EST<![CDATA[Vicarious Visions pens op-ed on troubling NY game bill]]>http://www.joystiq.com/2007/06/05/vicarious-visions-pens-op-ed-on-troubling-ny-game-bill/http://www.joystiq.com/2007/06/05/vicarious-visions-pens-op-ed-on-troubling-ny-game-bill/http://www.joystiq.com/2007/06/05/vicarious-visions-pens-op-ed-on-troubling-ny-game-bill/#commentsFiled under: ,

The Albany Times-Union today ran an op-ed piece by the CEO and president of Vicarious Visions (Marvel Ultimate Alliance), a New York based development company, about the New York video game bill legislation going down. They discuss being "deeply troubled" by the legislation currently being fast-tracked making games different from other protected speech.

The disturbing nature of the bills apparently can't be stressed properly at this point. The key feature sending chills up many game advocates' spines is that selling a game considered "depraved" to a minor would be considered a felony, with a minimum sentence of one to four years according to the New York penal code.

Vicarious Visions' CEO, Kathik Bala, and president, Guha Bala, write, "Just like movies, books, photographs, music and other forms of art and entertainment, video games are fully protected speech under the U.S. Constitution. In fact, nine federal courts in the last six years have ruled that legislation in other states substantially similar to what is being proposed in New York violates free speech protections. States have wasted hundreds of thousands of taxpayer dollars to defend these statutes. Several states and municipalities have been ordered to pay more than $1.7 million to the video game industry for legal fees. Given New York's pressing economic needs, it can ill afford to spend money enacting and then having to defend this proposal."

And therein lies the rub. In the end, these bills fail in court. The states involved are forced to pay the ESA for the cost of defending the industry from unconstitutional legislation. How many times do they need to play out the same plot line over and over again? The outcome remains the same. But it looks like state after state will pop in another quarter and try again.

[Via GamePolitics]

JoystiqVicarious Visions pens op-ed on troubling NY game bill originally appeared on Joystiq on Tue, 05 Jun 2007 14:53:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>balabillslanzalegislationnew yorkNewYorkvicarious visionsTue, 05 Jun 2007 14:53:00 EST<![CDATA[New York tests limits of game legislation with felony bill]]>http://www.joystiq.com/2007/05/30/new-york-tests-the-limits-of-game-legislation/http://www.joystiq.com/2007/05/30/new-york-tests-the-limits-of-game-legislation/http://www.joystiq.com/2007/05/30/new-york-tests-the-limits-of-game-legislation/#commentsFiled under:

The latest bill proposed in New York would actually make selling or renting a game to a minor which has "depraved violence and indecent images" a class E felony. What is that exactly in prison time? According to New York penal law, "For a class E felony, the term shall be fixed by the court, and shall not exceed four years." However, it must be over one year imprisonment to be considered class E. But wait, it gets better. "Depraved" is defined by the bill as anything showing "rape, dismemberment, physical torture, mutilation or evisceration of a human being." So, many M rated games would fall under this category. Boiled all the way down, this new law would have a kid working at Gamestop, Best Buy, or the local Blockbuster potentially get sent to OZ for 1 - 4 years because he sold or rented a minor an M rated video game. With politicians like these, who needs Jack Thompson?

This bill, A08696 by Democrat Assemblyman Joseph Lentol will have to share the spotlight with a similar bill proposed by Sen. Andrew Lanza (R), which is backed by Senate Republicans. All of this is about Gov. Eliot Spitzer's promise to legislate video games. According to GamePolitics, the enforceable parts (the Class E felony) would go into effect 120 days after the bill passes. The State Assembly goes into recess on June 21, so this bill needs to be on the fast track to make it. New York is getting really creepy with this game legislation.

JoystiqNew York tests limits of game legislation with felony bill originally appeared on Joystiq on Wed, 30 May 2007 10:15:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>legislationlimitsnew yorkNewYorkpoliticiansWed, 30 May 2007 10:15:00 EST<![CDATA[Judge: Louisiana must pay ESA's legal bill, Taxpayers: Crap.]]>http://www.joystiq.com/2007/04/16/judge-louisiana-must-pay-esas-legal-bill-taxpayers-crap/http://www.joystiq.com/2007/04/16/judge-louisiana-must-pay-esas-legal-bill-taxpayers-crap/http://www.joystiq.com/2007/04/16/judge-louisiana-must-pay-esas-legal-bill-taxpayers-crap/#commentsFiled under: ,


"The Court wonders why nobody objected to the enactment of this statute. In this court's view the taxpayers deserve more from their elected officials."

We've heard some harsh criticism of video game legislation before, but this holds just a bit more weight than the others. It's not just that it was handed down by U.S. District Court Judge James Brady (represented here by the lovable [yet honorable] Judge Harry Stone). No, this criticism is special thanks to the price tag of $92,000 attached to it that the state of Louisiana must pay to cover the Electronic Software Association's legal fees. It's the latest shockwave from House Bill 1381, which would've banned the sale of "violent" video games to minors. Surprising no one, the bill at the heart of the controversy was written by fear-mongering superstar, Jack Thompson, attorney-at-lawl. Also of no surprise: It was ruled unconstitutional.

But don't get excited just yet, as bill sponsor Rep. Roy Burrell (D) says he might try again with a similar bill. Well, why wouldn't he? When a bump in your approval rating among frightened parents (read: voters) is on the line, is $92,000 in taxpayer dollars really such a high price to pay?

JoystiqJudge: Louisiana must pay ESA's legal bill, Taxpayers: Crap. originally appeared on Joystiq on Mon, 16 Apr 2007 14:54:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>esajackthompsonlegislationlouisianaMon, 16 Apr 2007 14:54:00 EST<![CDATA[DS Daily: The democratic process]]>http://www.joystiq.com/2007/02/25/ds-daily-the-democratic-process/http://www.joystiq.com/2007/02/25/ds-daily-the-democratic-process/http://www.joystiq.com/2007/02/25/ds-daily-the-democratic-process/#commentsFiled under:

Well, it looks like the next Presidential campaign is already well under way in the good ol' U.S. of A., so it must be time for us to ask a preliminary election question: how big is the issue of videogame legislation to you? For those of you who will be voting, is this one of of your major issues when evaluating candidates? In a time of war, this may seem like a small issue to some, but it's one that affects us pretty much every day. So, what we want to know is how you feel about candidates who support heavier regulation of video game content?

JoystiqDS Daily: The democratic process originally appeared on Joystiq on Sun, 25 Feb 2007 10:50:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>2008controversyDSdsdelectiongamelegislationNintendoSun, 25 Feb 2007 10:50:00 EST<![CDATA[Indiana game bill put on ice]]>http://www.joystiq.com/2007/02/23/indiana-game-bill-put-on-ice/http://www.joystiq.com/2007/02/23/indiana-game-bill-put-on-ice/http://www.joystiq.com/2007/02/23/indiana-game-bill-put-on-ice/#commentsFiled under:

bill on iceThe Indiana State Senate has elected to stall legislation that would have made the sale of M- and AO-rated games to minors unlawful and punishable by up a $1,000 fine. Despite being approved by a Senate committee earlier this week, the bill has been deemed unconstitutional in its current state and will be passed along to a study committee for further evaluation -- and, as co-sponsor Sen. David Ford (R) hopes, revised to pass under the First Amendment. "Eventually we're going to have to deal with it," warned Sen. Vi Simpson (D), the bill's other co-sponsor.

[Via GamePolitics]

JoystiqIndiana game bill put on ice originally appeared on Joystiq on Fri, 23 Feb 2007 16:57:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>BillIndianaLegislationLegislaturePoliticsSB0238Fri, 23 Feb 2007 16:57:00 EST<![CDATA[Correcting the record on New York's proposed game laws]]>http://www.joystiq.com/2007/01/21/correcting-the-record-on-new-yorks-proposed-game-laws/http://www.joystiq.com/2007/01/21/correcting-the-record-on-new-yorks-proposed-game-laws/http://www.joystiq.com/2007/01/21/correcting-the-record-on-new-yorks-proposed-game-laws/#commentsFiled under:

When the Inquirer erroneously claimed that New York was planning a "video game ban for under 30s," we just added another mark on our "wacky Inquirer story" tally sheet. When the error started spreading to sites like 1up, PlanetXbox360 and Yahoo! Tech, we figured some sort of clarification was in order.

So let's be perfectly clear. Neither of the two bills currently being proposed by the New York state legislature will stop adults 18 and over from buying any video games. The confusion seems to stem from a section appearing in both New York Bill A00547 and New York Bill A02024 which says that access to a mandated "adult" video game section of stores will require customers to show ID unless the customer "reasonably appears to be at least thirty years of age."

In other words, if you look like you're under 30, they'll ask to see some ID. If the ID says you're over 18, you'll still be allowed to enter the section and buy the games. As both bills say in their texts, stores that sell or rent games "shall store and display such [violent] video games ... in a location designated for persons over the age of eighteen, in a manner which restricts access to such games."

If this system sounds familiar, it's probably because it's similar to the ID check system set up in most states to regulate tobacco and alcohol sales. Whether or not video games should be similarly classified is definitely worthy of debate (personally, we think not), but let's make sure we're arguing about the right thing here.

JoystiqCorrecting the record on New York's proposed game laws originally appeared on Joystiq on Sun, 21 Jan 2007 11:30:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>1830alcohollawlegislationregulationtobaccoviolenceSun, 21 Jan 2007 11:30:00 EST<![CDATA[German states mull violent game ban]]>http://www.joystiq.com/2006/12/07/german-states-mull-violent-game-ban/http://www.joystiq.com/2006/12/07/german-states-mull-violent-game-ban/http://www.joystiq.com/2006/12/07/german-states-mull-violent-game-ban/#commentsFiled under: , , , ,


The Financial Times reports that the German states of Bavaria and Lower Saxony have drafted legislation the would lead to fines and jail time for developers, distributors and even players of games that involve "cruel violence on humans or human-looking characters." The proposed laws, which would affect nearly 19 million Germans, come in response to a recent school shooting by a masked, 18-year-old German Counter-Strike fan that has turned public sentiment in the country against violent games.

Bavarian Interior Minister Gunther Beckstein is leading the effort to pass the legislation, arguing "it is absolutely beyond any doubt that such killer games desensitise [sic] unstable characters and can have a stimulating effect." Despite complaints by German gamers, 59 percent of Germans at large support such a ban, according to a poll cited by the Financial Times.

Germany has a long history of tough restrictions on violent games from Doom to Gears of War, and an outright ban would likely affect high-profile PS3 launch games like Resistance: Fall of Man and Call of Duty 3.

JoystiqGerman states mull violent game ban originally appeared on Joystiq on Thu, 07 Dec 2006 14:25:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>bangermanylawlegislationpoliticsPS3violent gamesViolentGamesWiiXbox-360Thu, 07 Dec 2006 14:25:00 EST<![CDATA[Bully gets a T rating. No, seriously]]>http://www.joystiq.com/2006/09/15/bully-gets-a-t-rating-no-seriously/http://www.joystiq.com/2006/09/15/bully-gets-a-t-rating-no-seriously/http://www.joystiq.com/2006/09/15/bully-gets-a-t-rating-no-seriously/#commentsFiled under: , ,

In a move predicted by more than a few comments at Joystiq, Rockstar's controversial title Bully has received a T for Teen rating from the ESRB. Questionable content includes Crude Humor, Language, Sexual Themes, Use of Alcohol and Tobacco, Violence. Go ahead, let that one sink in, we'll wait.

What does the T rating mean, exactly? Most retail outlets follow one simple rule of thumb: don't sell Mature-rated games to minors. According to the ESRB's official ratings guide, "Titles rated T (Teen) have content that may be suitable for ages 13 and older." Come October, little Billy won't need to ask him mom or bribe a homeless man into buying the game, he can do it himself.

Wal-mart, after pulling Bully pre-orders a few weeks back (for various, disputed reasons), is now taking pre-orders on its web site.

With the political season in full swing, we imagine more than a few politicians will cite this case as an example of the ESRB's negligence, or how the ratings system is "out of touch with" or "destroying" American values. Keep in mind the game has no guns or knives, disproving the theory that this title is a "Columbine simulator" (as purported by anti-game activist Jack Thompson).

Bully will be released October 16 for the PlayStation 2.

JoystiqBully gets a T rating. No, seriously originally appeared on Joystiq on Fri, 15 Sep 2006 12:55:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>jack thompsonJackThompsonlawlegislationpoliticsPS2ratingrock starRockStartake twoTakeTwoFri, 15 Sep 2006 12:55:00 EST<![CDATA[Federal judge stops Louisiana game law]]>http://www.joystiq.com/2006/08/25/federal-judge-stops-louisiana-game-law/http://www.joystiq.com/2006/08/25/federal-judge-stops-louisiana-game-law/http://www.joystiq.com/2006/08/25/federal-judge-stops-louisiana-game-law/#commentsFiled under:

No sooner do we post an in-depth column on the road to video game legislation in Louisiana than the AP reports that a federal judge has ruled the law unconstitutional. I swear, these federal judges are just out to spite us.

Us and, er, Louisiana Rep. Roy Burrell, the bill's sponsor, who hoped Louisiana would have "the additional adrenaline and testosterone ... needed in the upcoming 'cockfight' over the constitutionally of this bill."

Oh, and Jack Thompson, who told GamePolitics, "This law is constitutional, as it addresses all of the complaints raised by federal courts which have struck down other state video game laws." Guess not.

For those keeping track, this is the seventh separate federal ruling defending video games as speech. You'd think that by this point state politicians would begin to consider this settled law. That is, unless these laws are more about scoring political points than actually meeting any sort of constitutional test. Hmm ...

JoystiqFederal judge stops Louisiana game law originally appeared on Joystiq on Fri, 25 Aug 2006 16:05:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>lawlegislationlouisianaFri, 25 Aug 2006 16:05:00 EST<![CDATA[The Political Game: The circus comes to Louisiana]]>http://www.joystiq.com/2006/08/25/the-political-game-the-circus-comes-to-louisiana/http://www.joystiq.com/2006/08/25/the-political-game-the-circus-comes-to-louisiana/http://www.joystiq.com/2006/08/25/the-political-game-the-circus-comes-to-louisiana/#commentsFiled under: ,

Each week Dennis McCauley contributes The Political Game, a column on the collision of politics and video games:

If you think back to this time last year, you'll surely recall the State of Louisiana being ravaged by Hurricane Katrina. Traumatized residents there are still trying to rebuild their lives. These poor souls need all kinds of help - loans and subsidies, jobs and infrastructure repairs.

So the Louisiana legislature gave them a video game law.

Just why a state that is best known for its annual, drunken, boob-flashing street party felt squeamish about, of all things, video games has never been clear. But Rep. Roy Burrell, a Louisiana Democrat, harbored strong feelings about the issue. Apparently frustrated by the failure to get his first effort passed in 2005, Burrell called in a legal gunslinger from out of town:

Jack Thompson.

Continue reading The Political Game: The circus comes to Louisiana

JoystiqThe Political Game: The circus comes to Louisiana originally appeared on Joystiq on Fri, 25 Aug 2006 13:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>ColumnsDennis McCauleyDennisMccauleyGamePoliticsLegislationPoliticsThe Political GameThePoliticalGameFri, 25 Aug 2006 13:00:00 EST<![CDATA[The Political Game: A brief history of video game legislation]]>http://www.joystiq.com/2006/08/18/the-political-game-a-brief-history-of-video-game-legislation/http://www.joystiq.com/2006/08/18/the-political-game-a-brief-history-of-video-game-legislation/http://www.joystiq.com/2006/08/18/the-political-game-a-brief-history-of-video-game-legislation/#commentsFiled under: ,

Each week Dennis McCauley will contribute The Political Game, a column on the collision of politics and video games:

A well-known philosopher - I think maybe it was Doug Lowenstein - once said, "Those who do not learn from history are doomed to repeat it."

How true.

Since this a brand-new column about the politics of video games, it seems like a good idea to kick things off with a short history lesson on video game legislation in the USA. That way, if I get canned, some geek can collect these columns for the Wikipedia and they'll have a logical starting point (today's column) and a logical ending (a future Joystiq e-mail with the subject line, "You're fired").

So, pay attention. This means you, Jack Thompson.

Continue reading The Political Game: A brief history of video game legislation

JoystiqThe Political Game: A brief history of video game legislation originally appeared on Joystiq on Fri, 18 Aug 2006 14:25:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>ColumnsDennis McCauleyDennisMccauleyGamePoliticsLegislationPoliticsThe Political GameThePoliticalGameFri, 18 Aug 2006 14:25:00 EST<![CDATA[Did video games lose it for Lieberman?]]>http://www.joystiq.com/2006/08/10/did-video-games-lose-it-for-lieberman/http://www.joystiq.com/2006/08/10/did-video-games-lose-it-for-lieberman/http://www.joystiq.com/2006/08/10/did-video-games-lose-it-for-lieberman/#commentsFiled under:

Was support for video game regulation a significant factor in Joe Lieberman's primary loss to Ned Lamont in yesterday's Democratic Connecticut Senate primary? That's the theory put forth by one blogger, who says that the young children who remember Lieberman from the 1994 video game hearings are now of voting age and out for revenge!

We're not buying it, though. For one thing, 18- to 24-year-olds are a historically unimportant voting bloc -- only 36 percent of them voted in the 2000 presidential election (though this group is growing: 47 percent voted in 2004). For another, exit polls (.pdf) show that issues like the war in Iraq and Lieberman's close relationship with Bush were foremost on voters' minds -- video game issues don't even make a blip.

Despite the loss, Lieberman has announced he will still be running as an Independent, which means his vociferous calls for game regulation might yet continue to ring through the Senate. Even if he does lose in November, other Senators like Hillary Clinton have shown they are more than willing to take up the cause.

JoystiqDid video games lose it for Lieberman? originally appeared on Joystiq on Thu, 10 Aug 2006 09:35:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>ConnecticutJoe LiebermanJoeLiebermanlegislationLiebermanpoliticsregulationsenateThu, 10 Aug 2006 09:35:00 EST<![CDATA[Minnesota's game law ruled unconstitutional]]>http://www.joystiq.com/2006/07/31/minnesotas-game-law-ruled-unconstitutional/http://www.joystiq.com/2006/07/31/minnesotas-game-law-ruled-unconstitutional/http://www.joystiq.com/2006/07/31/minnesotas-game-law-ruled-unconstitutional/#commentsU.S. District Judge James M. Rosenbaum exercised his judicial muscle today, striking down Minnesota bill HF1298, a bill that sought to impose a $25 fine on minors who purchase M- or AO-rated games. Like a gamer to an automatic weapon a moth to a flame, the ESA filed a lawsuit shortly thereafter.

The sagacious sponsor of the bill, Minnesota state representative Jeff Johnson, correctly predicted Judge Rosenbaum's ruling in May when he said, "... we are using the ESRB ratings. I can see a court saying you can't use private industry to create the law, but there's no way around that because everything else anyone has tried has been unsuccessful. The other piece is that so far no court has found a strong enough link (between game violence and youth violence)."

So they tried to circumvent the constitutional problems by relying on ESRB ratings to determine inappropriate content, to which Rosenbaum returned, "The First Amendment ... was certainly established to keep the government from becoming the arbiter of what constitutes 'worthless' or 'disgusting' speech." Zing! Johnson also acknowledged the shaky scientific grounds his law was predicated on, to which the ruling said "the state has shown no convincing evidence that children are harmed by [video games]."

For those keeping score at home, let's review:
  • St. Louis unconstitutional
  • Indianapolis unconstitutional
  • Washington State unconstitutional
  • Illinois unconstitutional
  • Michigan unconstitutional
  • Maryland (doesn't really count, so we'll let 'em have it)
  • California (currently under review by Federal District Court Judge Ronald Whyte)
  • Louisiana (lawsuit has been filed)
  • Oklahoma (lawsuit has been filed)
... and now ...
  • Minnesota unconstitutional
Your move, opportunist politicians of all stripes.

[Thanks, Nick]

JoystiqMinnesota's game law ruled unconstitutional originally appeared on Joystiq on Mon, 31 Jul 2006 22:30:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>HF1298LawLegislationMinnesotaPoliticsMon, 31 Jul 2006 22:30:00 EST<![CDATA[Rumor: Hillary Clinton preps for video game tax]]>http://www.joystiq.com/2006/07/24/rumor-hillary-clinton-preps-for-video-game-tax/http://www.joystiq.com/2006/07/24/rumor-hillary-clinton-preps-for-video-game-tax/http://www.joystiq.com/2006/07/24/rumor-hillary-clinton-preps-for-video-game-tax/#commentsFiled under:

Brian Crecente of the Rocky Mountain News and Kotaku* is claiming that a reliable source that Senator Hillary Clinton is getting ready to advocate a tax to video games, much like cigarettes have their own special tax. Furthermore, Clinton is seeking out concerned parents who feel passionately enough about violent games to come and speak at fundraising events press conferences. We are confident that both sides -- the pro-tax and anti-gamers -- will be represented.

It would not be the first time that a game tax has been proposed (nor the first time that games have been compared to smoking), but Senator Clinton, likely a candidate for the 2008 presidential election, is gearing up to make this her punching bag for the next few years. Are you a registered voter?

While not confirmed, Crecente is a respected blogger and we trust that he is not just pulling this one out of thin air. Game Politics has more discussion on the subject.

* Kotaku was at war with Joystiq: Kotaku had always been at war with Joystiq.

JoystiqRumor: Hillary Clinton preps for video game tax originally appeared on Joystiq on Mon, 24 Jul 2006 14:55:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>jack thompsonJackThompsonlegislationMon, 24 Jul 2006 14:55:00 EST<![CDATA[GamePolitics: Congress should grill Take Two]]>http://www.joystiq.com/2006/06/19/gamepolitics-congress-should-grill-take-two/http://www.joystiq.com/2006/06/19/gamepolitics-congress-should-grill-take-two/http://www.joystiq.com/2006/06/19/gamepolitics-congress-should-grill-take-two/#commentsFiled under:

Dennis McCauley, the big cheese over at GamePolitics, is running an op/ed at industry-site Next-Gen.biz (the .biz is how you know they mean business!) about why, if he had his druthers, Take Two would be the ones in Congress' hot seat and not "intermediaries like [the ESA's] Doug Lowenstein and [the ESRB's] Patricia Vance."

The idea is simple: Take Two and Rockstar Games are, by and large, responsible for the increasing backlash against violent games thanks to a little bit of wayward code we've all come to know and love. Yup, Hot Coffee. Point is, instead of extrapolating this one case out to represent the the entire gaming industry, Congress should isolate their investigation on this one instance. Even notable game designers like Warren Spector have called Rockstar out for their irresponsible behavior and Take Two's bungling of the controversy (lying ... eh, not such a great idea) only exacerbated the issue. McCauley's even made a list of questions for prospective congress-peoples just to get 'em started:
  • Who conceived the Hot Coffee idea?
  • Who created the animations?
  • Who eventually decided to nix it from the final version?
  • Why it wasn't removed from the disc entirely?
  • Did insiders realize the active and highly-skilled GTA mod community would find the sex animations?
  • Why did Rockstar and Take-Two lie about Hot Coffee when it was revealed?
  • Why did they try to blame the mess on their biggest fans, the GTA mod community?
Ouch! Those are sure to leave some bruises. So what say ye? Should Take Two and Rockstar be taking the beatings for all this anti-gaming hysteria?

See also:
ESRB: Lie to us, pay up to $1 million in fines
Tepid Coffee: Take-Two gets foreboding slap on wrist by FTC
Spector clarifies GTA comments

JoystiqGamePolitics: Congress should grill Take Two originally appeared on Joystiq on Mon, 19 Jun 2006 12:31:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>Dennis McCauleyDennisMccauleyGamePoliticsLawLegislationPoliticsTake TwoTakeTwoTTWOMon, 19 Jun 2006 12:31:00 EST<![CDATA[Louisiana guv signs JT-penned bill into law]]>http://www.joystiq.com/2006/06/16/louisiana-guv-signs-jt-penned-bill-into-law/http://www.joystiq.com/2006/06/16/louisiana-guv-signs-jt-penned-bill-into-law/http://www.joystiq.com/2006/06/16/louisiana-guv-signs-jt-penned-bill-into-law/#commentsFiled under:

... and we dance ...

Just a couple days ago, the governor of Oklahoma signed a bill restricting the sale or rental of violent video games to minors, effective November 1st. Today, Louisiana governor Kathleen Blanco signed into law a bill written by outspoken anti-video game opportunist Jack Thompson that would essentially do the same thing. The only difference, the Louisiana bill is effective immediately. That means like, right now.

Game Politics points out the new law borrows language from the Miller Test for obscenity (I know it when I see it) to classify whether or not the level of violence in it is appropriate for children. These are in accordance with "prevailing standards in the adult community" and "contemporary community standards." This is always the problem with these laws: whose standards. I can guarantee you my standards (and I imagine most Joystiq readers) are radically different than Uncle Jack's.

GameDaily BIZ is reporting that the ESA has wasted no time in mounting a lawsuit against the bill. ESA chief Doug Lowenstein said, "Both parents and industry are working together to ensure that video games are purchased responsibly. The Federal Government has found that parents are involved in game purchases more than eight out of ten times. Retailers already have increasingly effective carding programs in place to prevent the sale of Mature or Adult Only games to minors. Legislators know full well that this bill is destined to meet the same fate as other failed efforts to ban video game sales."

Let's review:
  • St. Louis unconstitutional
  • Indianapolis unconstitutional
  • Washington State unconstitutional
  • Illinois unconstitutional
  • Michigan unconstitutional
  • Maryland (doesn't really count, so we'll let 'em have it)
  • California (currently under review by Federal District Court Judge Ronald Whyte)
  • Minnesota (lawsuit has been filed)
  • Oklahoma (lawsuit has been filed)
... and now ...
  • Louisiana (lawsuit has been filed)

JoystiqLouisiana guv signs JT-penned bill into law originally appeared on Joystiq on Fri, 16 Jun 2006 18:25:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>HB1381Jack ThompsonJackThompsonLegalLegislationLouisianaPoliticsFri, 16 Jun 2006 18:25:00 EST<![CDATA[Have Mario send your mail (via stamps from Japan)]]>http://www.joystiq.com/2006/04/04/have-mario-send-your-mail-via-stamps-from-japan/http://www.joystiq.com/2006/04/04/have-mario-send-your-mail-via-stamps-from-japan/http://www.joystiq.com/2006/04/04/have-mario-send-your-mail-via-stamps-from-japan/#commentsFiled under: ,

Mario Japanese stamp sheetSure, old Mario has been known to paint, play professional sports, and even do some actual plumbing work on occasion, but he'll soon be able to power your mail through the postal service in the Far East.

10-stamp sheets of 80 Yen stamps are now available for pre-order in Japan, where gaming otakus will soon be able to adorn their snail mail with the likes of goombas, magic mushrooms, and mustachioed men. The set will be out next month.

Has the government of a country like the US ever done anything this official to honor one of the icons of gaming? Perhaps when we have avid gaming advocates in Congress -- or even, dare we say, in the White House -- things will look a little different with game legislation proposals and the postage of unwanted junk mail.

[Via GameBrink]

See also:

JoystiqHave Mario send your mail (via stamps from Japan) originally appeared on Joystiq on Tue, 04 Apr 2006 08:15:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>10-stamp sheet10-stamp sheets10-stampSheet10-stampSheets80 Yen80YenadvocateCongressFar EastFarEastgoombagoombasgovernmenticoniconsJapanjunk mailJunkMaillegislationmailMariomushroommushroomsmustachiomustachioedofficialotakuotakuspostagepostal servicePostalServicepre-ordersnail mailSnailMailstampstampsUSWhite HouseWhiteHouseTue, 04 Apr 2006 08:15:00 EST