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Supreme Court delegates Brown v. EMA expenses ruling to Ninth Circuit
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.
The Lawbringer: The odd future of bill S. 978
Pop law abounds in The Lawbringer, your weekly dose of WoW, the law, video games and the MMO genre. Mathew McCurley takes you through the world running parallel to the games we love and enjoy, full of rules, regulations, pitfalls and traps. How about you hang out with us as we discuss some of the more esoteric aspects of the games we love to play? The machinima and streaming communities built around World of Warcraft are filled with some of the most talented and creative people in gaming, from awesome musicians to dedicated streamcasters. The first time I ever got to experience the WoW beta back in 2004, I was watching someone stream footage of their human warlock messing up mobs in (if I remember correctly) Westfall. Streaming is beneficial to gaming, MMOs, and e-sports because of video games' competitive nature and spectator-oriented design. You've probably heard of Senate bill S.978 already, most likely from many video game blogs and news outlets or YouTube campaigns fighting against the passage of this bill. Bill S.978 aims to institute a "10 strikes" policy, making the unauthorized streaming of content a felony, resulting in potential jail time. The main purpose of the bill is to strengthen the law and punishments available to organizations such as the MPAA and other content conglomerates to stop illegal streaming of millions upon millions of dollars in stolen entertainment. As is the way of things, gamers might be caught in the crossfire. Some of you fine readers sent me a few messages on Twitter asking me to weigh in on the 10 strikes streaming bill and maybe give a basic analysis of the thing, so I shall oblige. Lawbringer this week is all about the odd future of bill S. 978 and what it could mean for MMOs and WoW.
LGJ: On Brown v. Entertainment Merchants Assn.
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.
Black Ops, FIFA, Just Dance make UK's Top 10 entertainment products
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.
PAX East 2011: Law In Games panel hits home for WoW
PAX East is home to all sorts of panels and discussion, ranging from sexism in video games to mechanics and motivations in the games we play. Legal issues are present in all things, and video games -- even World of Warcraft -- are no exception. Two of the biggest topics at the panel, hosted by prominent legal minds in the video game industry, were End User License Agreements and damages in game as part of tort law. All in all, it was a very interesting panel of Q&A from some of gaming's smartest minds.
ESA General Counsel Kenneth Doroshow moves on
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.
ECA rally before the Supreme Court violent game hearing captured on video
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.
The Lawbringer: Arguing about video games
Pop law abounds in The Lawbringer, your weekly dose of WoW, the law, video games and the MMO genre. Running parallel to the games we love and enjoy is a world full of rules, regulations, pitfalls and traps. How about you hang out with us as we discuss some of the more esoteric aspects of the games we love to play? One day, massively multiplayers will be center stage at the Supreme Court of the United States of America. We aren't there yet, but one day. Hell, we just got video games as a genre of entertainment on the lips of the Supreme Court justices. I'll talk about the Supreme Court case Schwarzenegger v. EMA later on, once we've got more to go on than the opening arguments, etc., and give you a rundown in the simplest terms possible about what is being argued over. For now, I'd like to talk about the language of video games being used in the case and get a little ranty about who gets to argue about video games.
ESA confident its case was heard in Supreme Court argument
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."
Our favorite SCOTUS quotes with commentary from the NBA Jam guy
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.
ESA General Counsel lays out game industry argument to the Supreme Court
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.
ECA to stage Washington rally prior to Supreme Court battle
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?
Common Sense Media: 72 percent of parents support proposed Calif. violent game law
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.
Entertainment Software Association files brief in Supreme Court case
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.
Violent video game case gets its date in Supreme Court on Nov. 2
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.
Blu-ray Disc theft becoming an issue, some retailers taking action
If the shrink -- that measure of lost sales that typically go unaccounted for -- gets to growing at a faster pace than sales, you just might have a problem on your hands. According to Mark Fisher, EMA VP of strategic initiatives, that's exactly what's happening in some retail locations, though he does point out that having to tackle a theft issue is, at least in some way, a sign of heightened demand. Undisclosed sources have indicated that some retailers are facing Blu-ray theft rates in the double-digits, compared to around 1.5% for standard DVDs. EMA is already evaluating one possible solution from Aequitas Innovation, which places an RFID lock within the package that can only be unlocked upon being scanned at the register. In theory, at least, the theft deterrent should only add around $0.20 per unit, but whether or not this is more convenient than one of those "keeper cases" is totally up for debate.
87% of PlayStation 3 owners watching Blu-ray movies? Survey says yes
Buried under predictions that 2012 will bring dominance for Blu-ray over DVD and breaking news that the PS3 just may have had a hand in winning the format war the Entertainment Merchant's Association 2008 Annual Report on the Home Entertainment Industry holds survey results showing 87% of PS3 owners reported they watch Blu-ray movies on their console. That's a stark contrast to last year's NPD survey indicating 60% of owners didn't even know it played them. We don't know what's behind the jump, be it better marketing/consumer education, or something wrong with how one the surveys were conducted. You can mull that one over during the fast money round while also peeping results that say 22% of HDTV owners think they're watching HD programming, but in fact are not -- not like we haven't heard that before.[Via PS3 Fanboy]
Blu-ray Disc sales estimated to exceed DVDs in 2012
Oh, joy. Yet another report suggesting something about the year 2012 -- as if we're just going to let 'em spew anything and not check back for accuracy in 3.5 years? Anywho, not long after hearing a laughable article suggesting that Blu-ray decks would outsell DVD players by August (yes, of 2008), along comes another that makes a little more sense. The Entertainment Merchants Association's (EMA) 2008 annual report on home entertainment has found that "nearly 9 million high-definition discs were sold in 2007," and just 12,177 DVDs were released last year, down from a peak of 13,950 in 2005. More interesting, however, was the notion that "in 2012, sales of Blu-ray Discs will exceed those of standard DVDs and will generate sales of $9.5 billion," while spending on home video in general is expected to increase to $25.6 billion. Remember those days when you just couldn't find a VHS tape to save your life? You've got just under four years before that same feeling hits in relation to DVD (their assertion, not ours).
First ever High-Def Disc Awards conclude
Earlier this summer, The Departed and 007: Casino Royale swept up the spotlight at the first Entertainment Merchants Association's Home Entertainment Awards to hand out honors for high-definition titles, and now the first ever High-Def Disc Awards have doled out their own laundry list of victors. Presented by Home Media Magazine in cooperation with The Hollywood Reporter and the EMA, the awards were decided upon by a panel of critics / bloggers, and 300 was the only film to take home more than one award. Notably, of the two it won, one (Title of the Year) was on Blu-ray and the other (Best Bonus Feature) was on HD DVD. Other winners included Ratatouille for Best Animated Film, Transformers for Best Audio Quality and Pirates of the Caribbean: Dead Man's Chest for Best Picture Quality. Hit the read link for the full rundown, and don't be shy in voicing your support / outrage at the selections.[Via FormatWarCentral]
NY game retail bills pass; retailers could face felony charges
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]