michael-gallagher
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ESA prez: NPD is providing 'disservice to the truth'
Michael Gallagher, president of the Entertainment Software Association (ESA), the trade body that assembles the annual E3 event, said this evening that sales tracking service NPD was doing a "disservice to the truth" in its monthly reporting. "The digital side of the industry is not being adequately reported, understood or covered. I think we've seen the consequences of that over the last two years," said Gallagher, concerned that NPD's monthly retail assessments don't give a full or accurate picture of the industry. He noted the retail side of the industry has flattened, particularly at the end of this current console cycle, while digital distribution has grown. NPD's standard of consistent monthly retail reporting, which it has provided less and less detailed public data on over the years, coupled with quarterly supplementals on digital distribution, isn't giving an accurate picture of the industry's current health. "Here's the aspiration: there are other industries that do this well and they enjoy the upside and downside of truthful numbers," said Gallagher. "I think the industry is better off if there's a standardized reporting mechanism that is seen as whole, and complete and truthful." The complication in Gallagher's wish is the closed digital distribution platforms of Valve's Steam, along with the PlayStation, Wii and Xbox marketplaces. To get an accurate picture of digital distribution revenue in this industry, it would require all these platform holders to openly share their sales data. And, perhaps, that's a dream for another console generation. [kentoh via Shutterstock]
Vice President Joe Biden to games industry: 'You have not been singled out' on gun violence
Vice President Joe Biden met with leaders and researchers in the video game industry on January 11 to discuss gun violence and the impact entertainment may have on consumers' real-world actions. Biden was charged with leading a task force to gather input from members of the gun violence debate following the school shooting in Newtown, Connecticut, in December.The above video shows Biden's opening remarks, seated next to EA CEO John Riccitiello and president of the Electronic Software Association, Michael Gallagher."We know this is a complex problem," Biden said. "We know there's no single answer and, quite frankly, we don't even know whether some of the things people think impact on this actually impact on it or not." He put a hand on Riccitiello's shoulder. "I want you to know you have not been 'singled out' for help, but we've asked a whole lot of people."Those people included the law enforcement community, physicians and medical authorities, at-risk and child advocacy groups, domestic violence prevention groups, legal and justice organizations, civil rights groups, youth organizations, gun safety and advocacy groups, educators and parents, the mental health community, sportsmen organizations, the NRA, retailers, film organizations and the one Biden found the most interesting, an inter-faith group. Biden's tour will conclude in a meeting with President Barack Obama on January 15, where they will discuss his findings with the goal of curtailing gun violence in the future.Prior to the meeting, gaming groups such as the International Game Developers Association and Electronic Consumer Association sent open letters to Biden expressing their positions. The IGDA specifically called for Biden to explore both the positive and negative effects of imaginary violence and warned against the type of censorship that "did irreparable damage" to the comic book industry in the 1950s.
Victory lap: ESA responds to Supreme Court decision
After battling the state of California since 2005, the Entertainment Software Association met the Supreme Court's historic decision today to classify video games as protected speech with both great joy and, we imagine, a tinge of sadness. During a press call this afternoon, ESA prez Michael Gallagher fielded question after question about the case, the court's dissenting opinions, and the likelihood of future legislation trying to curb the sale of violent games. "This is the thirteenth consecutive decsion, and obviously the most important," Gallagher said, "upholding the first-amendment rights of video game developers and video game companies." After the Supreme Court decided to hear the California case, Gallagher says that the ESA has "seen a very steady drop-off in the volume of legislation targeted at content in our industry." In fact, "there's only a single federal bill that addresses these issues at the moment and it has at least one or no co-sponsors," Gallagher said proudly.
ESA prez addresses upcoming Supreme Court case in Baltimore Sun op-ed
In an editorial written by Entertainment Software Association president Michael Gallagher for The Baltimore Sun, the executive laid out for the mainstream why California's proposed video game law is "based on the discredited myth that the fictional depiction of violence actually causes real violence." "Never before has the Supreme Court restricted freedom of speech on the basis of violent content," writes Gallagher. "There is no logic in restricting sales of video games, which use avatars, but not books or movies, which often depict violence committed by -- and upon -- real people." This statement follows support from organizations representing other forms of media, which have submitted briefs backing the ESA. (If video games aren't protected, that means other media is at risk.) "Legal precedent, expert opinion and logic all yield the same conclusion: The California statue is unconstitutional, unwarranted and unnecessary," Gallagher concludes. "Based on the law and the facts -- not the myths -- we hope the U.S. Supreme Court concurs." Give the editorial a read. A decision in the case, Schwarzenegger v. EMA/ESA, is expected by Spring 2011; the Supreme Court will hear the opening oral arguments next month.
New White House plan increases FBI anti-piracy force
Yesterday, the White House announced its new Joint Strategic Plan on Intellectual Property Enforcement. In the plan, Intellectual Property Enforcement Coordinator Victoria Espinel describes an initiative to increase FBI resources devoted to investigating and curbing piracy of films, games, and other materials. In addition to the five agents doing full-time IP work at the FBI's Intellectual Property Rights Unit, "by the end of FY 2010, the FBI intends to employ over 50 Special Agents exclusively devoted to pursuing intellectual property investigations operating in field offices throughout the country and four enhanced intellectual property squads." ESA president Michael Gallagher spoke in support of the plan in a statement released yesterday. "We deeply appreciate the efforts of Vice President Biden and Intellectual Property Enforcement Coordinator Espinel and their leadership and vision in this critical area," Gallagher said. "We also applaud the numerous federal departments and agencies that are committed to protecting intellectual property rights, here and in foreign markets - both of which are critical to our industry's continuing growth and ability to deliver innovative entertainment experiences."
ESA 'humble' about chances against California in Supreme Court case
[Laura Padgett] Entertainment Software Association President Michael Gallagher mentioned in a briefing yesterday that he has a "great amount of respect for the Supreme Court" and feels modest about the trade group's chances of defeating the California game law heading to the United States' highest court. "We're very humble about our prospects before the court greatly. We believe we're on the side of right here," Gallagher stated. "We've believed that for 10 years. That hasn't wavered one iota. You go into this preparing to win, but also very prepared to handle the other conclusions as well." The State of California and ESA will submit briefs to the court, along with supporting briefs, over the next few months. Oral arguments are expected this fall with a decision by the court next spring. Asked if he believes winning will change the way States go about game laws, Gallagher explained, "[State government] moves like lightning and moves -- depending on where you are -- in an informed or uninformed manner. If we win, then we feel we'll be done at long last with these content issues. Video games ... it's already been recognized through a dozen decisions that we're entitled to the same first amendment treatment as movies, as music, as books. That is what we're hoping will be the law of the land at the conclusion of this case. So, we win, we can put this behind us and focus on incentives for the industry." Gallagher expressed those incentives included focusing on jobs and tax incentives for the industry, instead of regulatory issues. Of course, if the Supreme Court finds in favor of California, the executive believes states will react immediately and the industry will be embroiled in trying to figure out what to do. He also notes that such a decision wouldn't just be about regulating games, but it opens up the door to going after movies, television and books.
US Supreme Court to weigh California game law
[Laura Padgett] The US Supreme Court today announced that it will consider an appeal by California governor Arnold Schwarzenegger regarding the sale of violent video games to minors in the state. This marks the first time the federal court has been involved in a video game-related case. The California bill backed by the Schwarzenegger has seen many, many, many ups and downs over the course of its five-year life span, going from a fledgling bill just waiting for the right signature to a chronically reputed source of frustration for the head of state; and most recently failing in California's Ninth Circuit Court. But as the governor is known to do, he returned once again, fulfilling his promise to bring Assembly Bill 1179 to the highest US court, reports Reuters. Entertainment Software Association president and CEO Mike Gallagher commented in a press release on the Supreme Court's decision to see the case, called "Schwarzenegger v. Entertainment Merchants" (number 08-1448), saying, "Courts throughout the country have ruled consistently that content-based regulation of computer and video games is unconstitutional." He hopes that "the Court will reject California's invitation to break from these settled principles by treating depictions of violence, especially those in creative works, as unprotected by the First Amendment." If the appeal is overturned, the law would require more stringent labeling requirements of violent games sold in California, as well as the threat of a $1,000 fine for each game sold by a retailer to a minor illegally. Historically, US Supreme Court rulings have been used to set precedent for other cases. In so many words, should the appeal be overturned, the Court's ruling could affect similar court decisions in other states. The earliest the appeal would be seen is in the Supreme Court's next term, which begins in October.
ESA applauds formation of Dept. of Justice Task Force on Intellectual Property
With last week's announcement by the US Department of Justice of the formation of the Department of Justice Task Force on Intellectual Property, the ESA this weekend released a statement celebrating the DoJ's decision. "We applaud the Justice Department for its commitment to protecting intellectual property and commend the Attorney General for his leadership," said ESA president and CEO Michael Gallagher. "Intellectual property is the lifeblood and backbone of entertainment software," Gallagher continued. "... consumers benefit with the lower cost, high-quality and more diverse title offerings that are made possible by strong measures protecting the creative works of our industry's artists." Intellectual property rights and the policing of them has been a point of contention with distributed media (from film to games to books, and everything in between) and the publishers of said media since the invention of the printing press (and likely before that!), so it'll be especially interesting to see how the US government handles such a hefty issue in the burgeoning digital world. As strict opponents of game piracy ourselves, we wish them the best of luck. They're going to need it.
Chicago Transit Authority can't ban game ads, judge rules
The Entertainment Software Association today announced an early victory in its ongoing lawsuit with the Chicago Transit Authority over the banning of game-related ads in April 2008. The U.S. District Court for the Northern District of Illinois has sided with the ESA, granting a preliminary injunction, in turn, allowing video game advertisements to once again be displayed in Chicago's transit system. A "preliminary injunction" in this case means that, for the time being, the CTA can't ban gaming ads. Pending further litigation, the injunction could still be repealed or further solidified. ESA head Michael Gallagher said in the release that he still hopes the CTA wil "see the futility in pursuing this case further," adding that to continue further will only "waste taxpayer money and government resources."
E3 2009 postmortem with ESA CEO Mike Gallagher
ESA CEO Mike Gallagher's first "real" E3 was a success. We briefly spoke with him on the concourse from the South to West Hall of the Los Angeles Convention Center on the last day of the show, but with some more time to decompress and receive feedback, it seemed like the right time to circle back around and see if he was still feeling good about how things went. We asked the executive about how the post-show feedback is going, the chance of loosening up the attendance a little more and if there are any plans yet to make the show public -- oh yeah, and is Activision coming back to the ESA? Joystiq: On the last day of E3 2009 we had a quick chat in the hallway and you stated that the feedback you'd received was extremely positive and the show floor was "full but still navigable." Now that you've had a week to decompress and receive more feedback, what's your current take on the show? Mike Gallagher: I have a combination of pride and excitement right now. We set out to reflect and amplify to the world our industry's growth, energy, and vitality and I am incredibly proud we achieved that goal. I am also filled with excitement over the high-impact news announced at the E3 Expo by the companies that make up the industry. We have a lot of great titles to look forward to this year, along with some pretty exciting hardware previews and announcements. This is the golden age of computer and video games. I say that because more than ever before, we are seeing new interfaces, new distribution models to consumers, and new IP that will reenergize our industry's growth as the year continues. And this growth and continued innovation and creativity comes not at the end of a console cycle, but rather when developers are still harnessing the full processing power of the current systems, leading us to believe that games will continue their upward path of compelling storylines, engaging characters, and epic visuals. The challenge for us at the ESA now is two-fold. One, continue build on the momentum created by the E3 Expo and educate new market segments about our industry's cultural and economic significance, but also to begin planning for the 2010 E3 Expo.
ESA's Michael Gallagher: 'Piracy is a scourge!'
Michael Gallagher's role as president of the Entertainment Software Association involves spewing a bunch of numbers and being one of the most vocal cheerleaders for the entire video gaming industry. On Tuesday afternoon during E3's opening day, he addressed a small group of journalists and ran through some of the latest figures from their "Essential Facts" booklet that was released before E3 even started. Their favorite being "68 percent of American households play computer or video games."Surely, we thought, a rehash would include some fascinating infographics and possibly even photos to support all the empirical data. But the only thing provided was a single slide featuring the E3 logo on it. Not even one pie chart or bar graph was present. Basically it was a lecture (in a lecture hall setting) full of numbers that we already knew, with no possibility of a pop quiz. So what could liven up this event?Yes! The Q&A. When asked about piracy, Gallagher seriously came to life and barked "Piracy is a scourge!" We half expected him to set sail and hoist the ESA flag onto the entire convention center. He went on to explain how piracy is theft that's costing the industry between two and three billion dollars a year. He encourages vigilance, but didn't suggest a way to combat the scoundrels. We say give Gallagher a cutlass and let him go at it.
E3 2010 scheduled for June 15-17; 2009 had 41,000 attendees
The ESA just announced that E3 2010 is all set for June 15-17. The organization stated that this year's seemingly successful show had more than 41,000 attendees from 78 countries and 216 exhibitors. The company feels the new show met the needs of exhibitors and attendees.During an impromptu run-in with ESA CEO Michael Gallagher right before the announcement was made, we asked him how he felt his first "real E3" went. He expressed that the feedback has been overwhelmingly positive, that the show floor was "full but still navigable." To him, the strongest sign that various levels of attendees were comfortable with this year's show is that company CEOs were roaming the show floor.
E3 2009 'not a return to the old,' says ESA boss
GameDaily had a chat with ESA CEO Michael Gallagher as the industry gears up for E3 2009 in just two weeks' time. Much has been made of the show's return to grand form (i.e. not in a hanger) but Gallagher said not to expect the old E3. Surely Gallagher didn't mean we'll miss out on the giant booths, scantily clad models and generally overwhelming atmosphere of shows part -- you know, the glamour and sizzle ESA communications director Dan Hewitt previously confirmed. "Last year we made some improvements based upon the input we received, but this show is not a return to the old E3," he said. "It is definitely much more reflective of the energy, excitement and creativity of our industry, but I wouldn't say it's our first 'big E3' or a return to the old one. It's a show based upon what the industry needs to project as an image of the excitement we have in the pipeline for the rest of the year. It's the right show; it's not a particular reference to any prior year."As we've just learned today, the "right show" evidently includes little people running amok.
California seeks US Supreme Court review of 'violent game ban' [update]
The state of California is asking the United States Supreme Court to review a US Ninth Circuit Court of Appeals decision from February regarding its 2005 "violent video game law," declaring it unconstitutional under the First Amendment. According to GamePolitics. the law would require an additional warning label on games and slap retailers who sell violent games to minors with a $1,000 fine for each offense. California Governor Arnold Schwarzenegger, who signed Assembly Bill 1179 into law, said of today's action, "By prohibiting the sale of violent video games to children under the age of 18 and requiring these games to be clearly labeled, this law would allow parents to make better informed decisions for their kids. I will continue to vigorously defend this law and protect the well-being of California's kids." Update: Entertainment Consumers Association president Hal Halpin has weighed in on California's plea to the Supreme Court. His comments can be found after the break.
Joystiq interviews ESA president about E3 2009
Just a few minutes ago we got off the phone with ESA president and CEO Mike Gallagher. We had 10 minutes to ask our list of questions about today's announcement that E3 2009 would return to the show's over-the-top roots. We covered a range of topics: from booth babes to how this new show will avoid the pitfalls that brought us the downsized E3 in the first place. This will be Gallagher's first time being in charge of a "real E3" since taking over for Doug Lowenstein two years ago.Joystiq: If you had to give E3 2009 a six word or less tag line, what would it be? We went with "The b*tch is back" this afternoon, but what's yours?Mike Gallagher: The must attend event of 2009What is the anticipated attendance? Is there a cap?MG: No cap, we have expectations that it'll be higher than the previous two years. It could be in the neighborhood of 40,000 or more. We're not focused on the turn of the turnstiles, but the success of the event.Is it out of the realm of possibility that we'll still see public dates announced later?MG: I wouldn't expect that.
