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Supreme Court delegates Brown v. EMA expenses ruling to Ninth Circuit

Jordan Mallory — Tue, 04 Oct 2011 00:00:00 EST

Legal representation ain't cheap, especially when your squad of top-notch lawyers are defending your industry/community's constitutional rights of expression. Apparently, setting legal precedent racks up a $1.4 million tab, and the Entertainment Merchants Association has requested that the bill be covered by the state of California, since they lost and everything.

Now that all the ~~fun~~ important history making stuff is over, though, it seems the Supreme Court has better things to do with its time than figure out whose millions of dollars belong to which lawyers. As a result, the task of approving/denying the EMA's request has been delegated to the Ninth Circuit Court.

Now that we think about it, does California even have $1.4 million to lose at this point? Call us crazy, but dine-and-dashing on the Supreme Court probably isn't possible.

Supreme Court delegates Brown v. EMA expenses ruling to Ninth Circuit originally appeared on Joystiq on Tue, 04 Oct 2011 00:00:00 EST. Please see our terms for use of feeds.

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LGJ: On Brown v. Entertainment Merchants Assn.

Mark Methenitis — Mon, 04 Jul 2011 18:45:00 EST

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

I believe I likely owe you an apology. LGJ should have covered this decision the day it was issued, but unfortunately, sometimes clients have to come first. So here we are, a few days after the decision, and the topic has been covered in great detail. I have read the decision, but have largely avoided other coverage of the case so that I could give you my opinion without being impacted by other analysis. Since I imagine most coverage has largely been focused on the majority opinion alone, I will also be discussing the concurring and dissenting opinions. As always, this is simply my opinion on the decision, and to that end, there is some room for people to disagree.

This was, in short, about the best possible outcome, both for the game industry and for the public at large, that could have been expected. It was also an opinion that was the most consistent with existing case law and contemporary First Amendment legal theory. The most important aspect to this case was the court stating fairly unequivocally that new and different forms of media shouldn't be treated any differently simply because they are new and different forms of media. Ultimately, obscene content is obscene content, and though some media may have an easier time crossing the line than others, that doesn't mean the line moves.

Continue reading LGJ: On Brown v. Entertainment Merchants Assn.

LGJ: On Brown v. Entertainment Merchants Assn. originally appeared on Joystiq on Mon, 04 Jul 2011 18:45:00 EST. Please see our terms for use of feeds.

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Supreme Court's Brown v. EMA opinions: A digest

Griffin McElroy — Mon, 27 Jun 2011 19:30:00 EST

Between the majority, concurring and dissenting opinions published in today's Supreme Court decision on Brown v. EMA, there's a good 92 pages of legalese for enthusiastic gaming activists to pore over. If you don't feel like flipping through a novella of legal documents in search of relevant, easily digestible bits, feel free to check out some highlights from each opinion, which we've compiled after the jump!

Continue reading Supreme Court's Brown v. EMA opinions: A digest

Supreme Court's Brown v. EMA opinions: A digest originally appeared on Joystiq on Mon, 27 Jun 2011 19:30:00 EST. Please see our terms for use of feeds.

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Black Ops, FIFA, Just Dance make UK's Top 10 entertainment products

Griffin McElroy — Thu, 14 Apr 2011 05:00:00 EST

Guess what, film and music industries? You guys got taken to school in the UK's Top 40 entertainment product rankings, as compiled by trade organization Entertainment Retailers Association. According to the chart, the number one entertainment property in the UK was neither a blockbuster film like Avatar, nor a chart-topping album like Take That's Progress, but rather Call of Duty: Black Ops, which sold over 3.2 million units in the territory last year. Booyah.

Two other games, FIFA 11 and Just Dance, made it into the Top 10 -- however, only nine spots on the entire Top 40 chart were occupied by games. We're not sure what that says about the country's media consumption habits, but we are sure that Red Dead Redemption got beaten out by Now That's What I Call Music 77, and that fills our heart with a dull, constant ache.

Black Ops, FIFA, Just Dance make UK's Top 10 entertainment products originally appeared on Joystiq on Thu, 14 Apr 2011 05:00:00 EST. Please see our terms for use of feeds.

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ESA General Counsel Kenneth Doroshow moves on

Griffin McElroy — Sat, 29 Jan 2011 03:00:00 EST

The Entertainment Software Association has confirmed to Gamasutra that its General Counsel, Kenneth Doroshow, has left the organization to join forces with Burford Group, an investment advising firm based in Washington D.C.. You might remember Doroshow for his work in the Schwarzenegger v. EMA Supreme Court hearing last November, in which -- we think we can all agree -- the dude dunked all over the opposition's legal representatives. Like, he slam dunked it in their faces, and was all like, "Booyah," basically.

We wish Doroshow the best of luck with his new position, and hope the remainder of his career is marked by multitudes of equally boombastic, totally nasty slamma-jammas.

ESA General Counsel Kenneth Doroshow moves on originally appeared on Joystiq on Sat, 29 Jan 2011 03:00:00 EST. Please see our terms for use of feeds.

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ECA rally before the Supreme Court violent game hearing captured on video

Griffin McElroy — Tue, 30 Nov 2010 05:00:00 EST

Though you've probably heard plenty of empirical evidence on Xbox Live to the contrary, gamers are capable of being angry about something without totally losing their minds. Check out the video below of the ECA rally held before Schwarzenegger v. EMA to see how cooler heads prevailed in D.C.

Continue reading ECA rally before the Supreme Court violent game hearing captured on video

ECA rally before the Supreme Court violent game hearing captured on video originally appeared on Joystiq on Tue, 30 Nov 2010 05:00:00 EST. Please see our terms for use of feeds.

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ESA confident its case was heard in Supreme Court argument

Griffin McElroy — Tue, 02 Nov 2010 16:42:00 EST

Following today's oral arguments session in the U.S. Supreme Court case Schwarzenegger v. EMA, representatives from the Entertainment Software Association (they're on the EMA side) held a conference call to discuss how they thought things went. ESA president Michael Gallagher was optimistic, saying, "Today was a historic day, not only for the computer and video game industry, but for the First Amendment." He added, "I think that in court today, you heard every single argument the industry has made, articulated not just by Paul [Smith] ... but by the justices themselves."

"ESA is very, very proud of the work that was done by Paul," Gallagher said. "The argument today was very lively, the justices were very informed and the dialogue clearly established that video games are entitled to the same treatment as movies, music, books and other forms of entertainment."

Jenner and Block counsel of record Paul Smith, who presented the EMA's arguments during today's hearings, was similarly optimistic. He offered his opinion that the representative from California's arguments didn't satisfy the "strict scrutiny" requirements needed to revoke video games' First Amendment protections. He added, "Though there's obviously a great deal of complexity in the whole thing -- and it's very difficult to come away knowing with any sense of confidence where the court's going to come down specifically -- we do feel pretty good about having all of our arguments aired, and getting a lot of traction."

ESA general counsel and senior vice president Kenneth Doroshow echoed Smith's confidence, saying, "It was gratifying to hear all of the themes we had presented in our papers echoed by one or more justices at various times throughout the day. We feel very confident that our case was heard as thoroughly and carefully as it can be."

"There's really no way to know for sure how this is going to come out," Doroshow said, "but we at least feel good that the best case possible was put forward for the industry and our position."

ESA confident its case was heard in Supreme Court argument originally appeared on Joystiq on Tue, 02 Nov 2010 16:42:00 EST. Please see our terms for use of feeds.

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Our favorite SCOTUS quotes with commentary from the NBA Jam guy

Justin McElroy — Tue, 02 Nov 2010 13:50:00 EST

We're still poring over the transcripts from today's Schwarzenegger vs. EMA case, and as we discussed it, we decided our enthusiasm for the judges' utter contempt for the Schwazenegger side's argument could only be summed up with quotes from NBA Jam announcer Tim Kitzrow.

Enjoy.

Continue reading Our favorite SCOTUS quotes with commentary from the NBA Jam guy

Our favorite SCOTUS quotes with commentary from the NBA Jam guy originally appeared on Joystiq on Tue, 02 Nov 2010 13:50:00 EST. Please see our terms for use of feeds.

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ESA General Counsel lays out game industry argument to the Supreme Court

Griffin McElroy — Mon, 01 Nov 2010 20:08:00 EST

When the clock strikes 10 a.m. tomorrow morning in Washington, D.C., the Supreme Court will begin hearing oral arguments in the case of Gov. Arnold Schwarzenegger v. Entertainment Merchants Association. By now, you know how the results of this landmark case will affect the video game industry and its consumers -- but who's actually going to bat for the industry in tomorrow's hearings? More importantly, how does that litigatory sausage get made?

Entertainment Software Association general counsel and senior vice president Kenneth Doroshow is one such batter (or sausage-maker, depending on which of the previous metaphors you followed). A media law heavyweight in his own right, Doroshow has served as an executive for the Recording Industry Association of America and as senior counsel the U.S. Department of Justice before joining the ESA in September 2008. Tomorrow, he'll be one of the legal representatives for the Entertainment Merchants Association, responsible for helping it make its side of the argument to the Supreme Court.

Doroshow broke down the specifics of that argument for us earlier today. To learn about the case the ESA is presenting in court tomorrow -- as well as the possible repercussions of the Supreme Court's decision -- check out our Q&A with Doroshow after the jump.

Continue reading ESA General Counsel lays out game industry argument to the Supreme Court

ESA General Counsel lays out game industry argument to the Supreme Court originally appeared on Joystiq on Mon, 01 Nov 2010 20:08:00 EST. Please see our terms for use of feeds.

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ECA to stage Washington rally prior to Supreme Court battle

Richard Mitchell — Thu, 14 Oct 2010 03:00:00 EST

Filed under: Weird But True, Opinions, New In Pop Culture

Oral arguments for the Schwarzenegger v. EMA Supreme Court case are set to begin on November 2. In the run up to the historic court battle, which could result in the restriction of sales of violent video games, the Entertainment Consumers Association is planning to organize a rally on the steps of the Supreme Court itself. The event is set to take place on November 2 at 9:00 am at the US Supreme Court Building, with the ECA calling on gamers to join the rally "in support of free speech."

If you're planning on going, why not organize a carpool in the comments? After that, read through our litany of coverage on the issue, from its humble beginnings as a failed California state law to its upcoming moment in the spotlight before the Supreme Court. After all, we're sure it's a long ride to D.C. Might as well bone up on current events, right?

Continue reading ECA to stage Washington rally prior to Supreme Court battle

ECA to stage Washington rally prior to Supreme Court battle originally appeared on Joystiq on Thu, 14 Oct 2010 03:00:00 EST. Please see our terms for use of feeds.

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Common Sense Media: 72 percent of parents support proposed Calif. violent game law

Griffin McElroy — Mon, 13 Sep 2010 22:15:00 EST

Filed under: Weird But True, Opinions, New In Pop Culture

The non-profit, family-centric organization known as Common Sense Media recently published the results of a nationwide poll conducted by Zogby International, which asked 2,100 parents about their stance on the contested California law that would ban the sale of "offensively violent" games to minors. According to a press release from the group, 72 percent of respondents support the ban, while 75 percent would "rate the video game industry negatively when it comes to how they protect kids from violent video games."

Said Common Sense Media founder James Steyer: "What we've learned from this poll is that parents want to be the ones who decide which games their kids play, not the video game industry."

Of course, the Supreme Court isn't ruling on who decides which games kids play. The court's ruling on whether First Amendment protections can be waived for games deemed by ... someone to be too violent, formalizing a policy already adopted by major retailers into a California state law. Parents, as far as we know, still have the final say over what media their kids are allowed to consume -- not the video game industry, the ESRB, Governor Schwarzenegger or even the Supreme Court.

Then again, when you support your position with videos like the one posted after the jump (the link to which was included in Common Sense's press release), we can understand why parents might lose the equanimity required to make that distinction.

Continue reading Common Sense Media: 72 percent of parents support proposed Calif. violent game law

Common Sense Media: 72 percent of parents support proposed Calif. violent game law originally appeared on Joystiq on Mon, 13 Sep 2010 22:15:00 EST. Please see our terms for use of feeds.

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Entertainment Software Association files brief in Supreme Court case

Griffin McElroy — Sat, 11 Sep 2010 21:00:00 EST

Filed under: Weird But True, Opinions, New In Pop Culture

The Entertainment Software Association and Entertainment Merchants Association have voiced their side of the upcoming Supreme Court review of the 2005 California law which prohibits the sale of "offensively violent" games to minors. The two organizations have filed a joint brief in the Supreme Court, which explicitly states (several times) that "the California statute is unnecessary, unwarranted, and unconstitutional."

The brief adds, "it would threaten freedom of expression not just for video games, but for all art forms. It would also tie up our courts in endless debates about what constitutes acceptable creative expression in our media. It protects no one and assaults the constitutional rights of artists and storytellers everywhere." Of course, in these matters, it would be irresponsible for us to side with one of the two involved parties but OH MAN COME ON THE ESA IS TOTALLY RIGHT.

Check out the entirety of the brief on the ESA's official site. Stay tuned -- Schwarzenegger v. Entertainment Merchants Association and Entertainment Software Association will go into oral argument November 2.

Entertainment Software Association files brief in Supreme Court case originally appeared on Joystiq on Sat, 11 Sep 2010 21:00:00 EST. Please see our terms for use of feeds.

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Violent video game case gets its date in Supreme Court on Nov. 2

Mike Schramm — Fri, 27 Aug 2010 09:56:00 EST

Filed under: Weird But True, Opinions, New In Pop Culture

It's been a long road for the California bill backed by Governor Schwarzenegger that seeks to keep violent video games from being sold to minors. But the end is finally in sight: The Entertainment Consumer Association has announced that the case, known as Schwarzenegger vs. EMA (Entertainment Merchants Association), will go before US Supreme Court on November 2.

As an outside party, the ECA will submit an amicus brief in the case and has set up a website for a petition and more information about the pending arguments. So far, lower courts have judged the proposed law, which would set up legal rules and penalties against selling violent video games to minors, to be unconstitutional. Of course, this time around, we're talking about the United States Supreme Court, so any decision in favor of the bill would overturn previous rulings in lesser courts. Take that, Ninth Circuit Court of Appeals!

Oral arguments in the case begin November 2, and the judges should have a decision soon after that. This will be the first time the Supreme Court looks at video games and the First Amendment, so a ruling either way should be pretty historic.

Violent video game case gets its date in Supreme Court on Nov. 2 originally appeared on Joystiq on Fri, 27 Aug 2010 09:56:00 EST. Please see our terms for use of feeds.

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NY game retail bills pass; retailers could face felony charges

Ross Miller — Thu, 31 May 2007 18:26:00 EST

Filed under: Culture, Business, Politics

Two bills from the New York state legislature -- one backed by Republicans in the Senate and one by Democrats in the Assembly -- have been passed. Senate Majority Leader Joseph Bruno (R) and Governor Eliot Spitzer have both made comments leaning toward an agreement being made between the two houses, but no further details are known.

The Assembly measure, A08696, has some strong words for game retailers who sell games with "depraved violence and indecent images," defined as "rape, dismemberment, physical torture, mutilation or evisceration of a human being." Those caught selling such games to minors will be charged with a class E felony and could be sentenced for up to four years in prison. GamePolitics reports that "it is believed this is the bill favored by [Spitzer]."

The Entertainment Merchants Association have already condemned the Assembly bill, and we expect the industry-led lawsuit against the legislation be inevitable. The current session ends June 21, so both houses will have to act pretty quickly to reach a compromise.

[Via Law of the Game]

NY game retail bills pass; retailers could face felony charges originally appeared on Joystiq on Thu, 31 May 2007 18:26:00 EST. Please see our terms for use of feeds.

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Japan gets a Gyakuten Saiban 4 calendar and we don't? OBJECTION!

JC Fletcher — Fri, 23 Feb 2007 10:55:00 EST

Filed under: News, Fan stuff

Capcom put this gorgeous "school calendar" (it starts at April) up for sale in their Japanese store today, and we're dying over here. Look at that cover! That is better than most posters, there. There's Ema Skye, and Phoenix Wright, and the whole group is surrounded by new guy Odoroki Housuke's bracelet thing.

And there's six pages of official art inside. This is too much. We don't really have anything clever to say about it. Look at it. It's a thing we want, a lot, and probably won't be able to purchase.

Oh, man, we feel so inadequate. How can we be Phoenix Wright fans if we can't look at some Gyakuten Saiban characters when we want to see what day it is? We're going to have to look into placing an order for this thing. 1,260 yen turns out to be ... $10.45.

Oh, and while you're at the e-Capcom store, check out these other just-out-of-reach Gyakuten goods!

Sample calendar page after the break. You could resize it and make a very blurry, artifacty wallpaper out of it!

Continue reading Japan gets a Gyakuten Saiban 4 calendar and we don't? OBJECTION!

Japan gets a Gyakuten Saiban 4 calendar and we don't? OBJECTION! originally appeared on Joystiq on Fri, 23 Feb 2007 10:55:00 EST. Please see our terms for use of feeds.

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Ema Skye returning for Gyakuten Saiban 4

JC Fletcher — Tue, 20 Feb 2007 11:45:00 EST

Filed under: News, Fan stuff, Screens

Ema Skye, the science-obsessed, Luminol-toting teen sidekick from Case 5 of Phoenix Wright: Ace Attorney (Gyakuten Saiban: Yomigaeru Gyakuten) is making a return appearance in the new DS sequel, pink goggles and all. Her new character art portrays her as a little more grown-up, so maybe she'll be less annoying. Even if not, we really started to feel sympathetic to Phoenix's junior-detective friend in that case (Don't know what we're talking about? PLAY THE GAME!).

Speaking of return appearances, you know who else will be returning when this comes out? Us. Our frothing demand for this game increases. You might as well call us "Phoenix Wright Fanboy."

Click past the post break to scientifically investigate a few screenshots.

Continue reading Ema Skye returning for Gyakuten Saiban 4

Ema Skye returning for Gyakuten Saiban 4 originally appeared on Joystiq on Tue, 20 Feb 2007 11:45:00 EST. Please see our terms for use of feeds.

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Lousiana judge blocks JT-penned bill

Ross Miller — Tue, 20 Jun 2006 15:55:00 EST

Filed under: Culture

The recently-signed Louisiana violent games bill has been temporarily blocked by a federal judge in Baton Rouge, pending a hearing on June 30th. The bill gained notoriety among gaming circles due to its author: famed anti-game activist Jack Thompson. The law, recently signed by Louisiana governor Kathleen Blanco, would have taken effect immediately.

The Entertainment Software Association has already mounted a lawsuit to strike this new law from the records. So far, their track record is flawless, so we are betting the same will be said here.

Lousiana judge blocks JT-penned bill originally appeared on Joystiq on Tue, 20 Jun 2006 15:55:00 EST. Please see our terms for use of feeds.

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