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ESA wants $1.1 million reimbursement from California for SCOTUS battle
The Entertainment Software Association (ESA) has filed for a $1.1 million reimbursement for attorneys' fees from the State of California for fighting Brown v. EMA. The ESA's argument for reimbursement: "California persisted in defending a law that Plaintiffs warned the Legislature was unconstitutional before it was passed; that was previously found to be unconstitutional by the district court and a unanimous panel of the Ninth Circuit; and that is similar to at least eight other laws invalidated as unconstitutional prior to the time that California sought certiorari in this case." If only California had heeded the ESA's warning after it publicly posted the $282,794 reimbursement check for legal fees it received from the state, following a lower court's decision back in 2008.
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.
Digital games distribution earned $3.8 billion in 2010, a quarter of entire video game market
Alright, so technically all video games are digital, but what we're talking about here is the stuff that you don't buy on physical media -- downloadable games, add-on content, mobile apps, subscriptions, and gaming on social networks. That market has grown to account for 24 percent of all video game revenues in 2010, or $3.8 billion, according to the Entertainment Software Association. The ESA is the body running the currently ongoing E3 shindig, and its data comes from the NPD Group, which likes to keep a cold robotic finger on the gaming industry's pulse. Other findings in the latest ESA study include the average age of gamers (37!), the best-selling genres (action with 21.7 percent, followed by sports at 16.3 percent), and the highest-grossing games of 2010 (no prizes for guessing the warmongering winner of that one). Give the source link a bash to immerse yourself in even more gaming trivia from yesteryear.
ESA 2011 'Essential Facts' note rise in women, adult gamers
The Entertainment Software Association's annual (dry name alert!) "Essential Facts About the Computer and Video Game Industry" [PDF link] is available now for public perusal. The latest report shows a slight increase in the average age of game players, inching closer to a midlife crisis age of 37 from last year's age of 34. There was also a two percent increase in the female demographic, which now accounts for 42 percent of players. The report also mentioned that purchases of digitally distributed titles now account for 24 percent of the market, generating $5.9 billion in revenue. Consumers spent $25.1 billion on game content, hardware and accessories in 2010.
Child's Play golf tournament to be held just before E3
Child's Play and the Entertainment Software Association (ESA) Foundation are teaming up for the first annual Child's Play Invitational Golf Tournament. The event will be held at the Brookside Golf Course in Pasadena on Sunday, June 5, right before E3 kicks off. The entrance fee for the tournament (a third of which is tax deductible) is $150 for those with clubs, or $175 if you need to rent some -- we hear they frown upon picking up sticks from the ground to use as clubs. All proceeds go to the Child's Play network and partner hospitals. Beyond the good feeling of helping sick children, the entrance fee will also net participants gift bags and other perks; it's all listed after the break.
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.
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.
ESA: Games industry responsible for $5 billion of US economy
A study commissioned by the Entertainment Software Association (ESA) found that the video game industry added about $5 billion to the US economy in 2009. The report, "Video Games in the 21st Century: The 2010 Report" [PDF link], claims the industry directly employs about 32,000 people in the States and indirectly employs 120,000 (GameStop employees, video game media, manufacturing and distribution). The average industry employee has an annual compensation of $89,781 -- of course, there's a wide range in that average. A whopping 41 percent, or 13,041 of industry employees, call California home. Texas and Washington are the next closest, with 3,307 and 2,987 (approximately 10 percent apiece), respectively. The annual growth rate of the industry exceeded 10 percent between 2005 and 2009, which is good -- especially when taking the last few years of bad employment news into account.
E3 2011 scheduled June 7-9; 2010 welcomed 45,600 attendees
The Entertainment Software Association is hours away from finishing up another E3 and telling the 45,600 attendees (from 90 countries) that they don't have to go home, but they can't stay at the Los Angeles Convention Center. The video game circus returns to the LACC on June 7-9, 2011. Working off last year's successful template of controlled chaos, this year's show welcomed 300 exhibitors and appeared to bring the expected spectacle on a navigable show floor. We've still got plenty of coverage, so keep an eye on our E3 2010 page for the latest.
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.
PSA: E3 2010 online registration closes this Wednesday
If you're a member of the video game industry who has been lollygagging when it comes to your E3 2010 registration, this should be a wake-up call: Online registration will end this Wednesday, June 9, at 11PM Pacific (a.k.a. June 10 at 2AM ET). This is the first time E3 online registration has ever been shut down prior to the start of the event. The ESA, which runs E3, explained that the measure is being taken this year because registered attendance is close to hitting the limit. The organization expects between 41,000 and 45,000 industry professionals, analysts, journalists and retailers (and probably a few impostors) to attend. Qualified industry professionals can still purchase badges on site, but that involves things like ... lines, ewwww.
Chicago Transit Authority prevented from banning mature video game ads
The preliminary injunction preventing the Chicago Transit Authority (CTA) from banning M- and AO-rated video game ads is now here to stay. GamePolitics has the PDF of US District Court Judge Rebecca Pallmeyer's May 17 ruling that places a "permanent injunction" on CTA ordinance No. 008-147, which banned the mature rated ads. The CTA has agreed not to appeal the decision -- probably because it's already getting stuck with paying the Entertainment Software Association's lawyers' fees on this matter. According to the court document, if the CTA violates the permanent injunction, the ESA has the right to send the CTA a bill for any future attorneys' fees. ESA President Mike Gallagher said in a statement, "We are pleased that the CTA chose not to pursue this further and waste valuable resources on this matter." Meanwhile, California is taking its game bill all the way to the US Supreme Court.
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."
ESA partners with Microsoft & Sony for STEM initiative, launches game creation competitions
The Entertainment Software Association (ESA), the game industry lobby group, today announced two new game creation contests meant to support President Obama's STEM initiative (Science, Technology, Engineering, and Math studies). A partnership between the ESA, Microsoft, Sony, the Information Technology Industry Council (ITIC), and the MacArthur Foundation will help to fund and run a series of STEM-related game design competitions. Details of the first two competitions – "Game Changers" and the less creatively titled "STEM National Video Game Competition" – are scant at the moment, though the former will involve Sony donating 1,000 PS3s and copies of LittleBigPlanet to libraries and community-based organizations in low-income districts, with plans to share the winning levels free to the gaming public. When asked, an ESA representative told Joystiq that more information would be revealed in "the coming weeks."
ESA survey says video games still topping holiday wishlists
Despite outrageous day one sales projections for Modern Warfare 2 and the impending release of New Super Mario Bros. Wii, The ESA was still left wondering whether or not folks are still interested in giving and receiving video games over this holiday season. So the game industry's lobbying group conducted a survey, which found that "42 percent of American adults plan to give or hope to receive a computer or video game this holiday season." Furthermore, another 52 percent think of games as a cost-effective form of entertainment for the whole family. Perhaps the most notable result of the survey was a 31 percent increase from 2007 (to 47 percent) for respondents intending on gifting a woman with a game. We're betting that at least 50 percent of the women receiving a game as a gift would prefer either a different gift or a more thoughtful partner.
Annual ESA report boasts perfect 43-0 record against gaming regulation
Here's a lesson that governmental bodies across the nation just can't seem to learn -- if you try to regulate the sale of video games for any reason, you're stepping to the ESA. When you step to the ESA, you're gonna get burned. We've seen examples of the ESA's domination over would-be gaming regulators in the past -- but the organization's latest annual report put a number to their success: 43 legal victories, zero losses.That's 43 bills over the past year that hoped to restrict the sale of video games in some manner that didn't become laws due to the ESA's legal intervention. In addtion, the group has also promoted tax incentives for game developers which were approved in Alabama, Arkansas, Georgia, Michigan and Texas (and are being considered in 17 other states). In short, if you see an ESA member today, you should probably give them a high-five.
ESA starts ESA TV video blog series
So, how do you turn boring old statistics and charts into kickass promotional material? If you're the Entertainment Software Association, you put those same statistics and charts on video and set them to thumping music. The ESA has just unveiled its ESA TV series, a video blog designed to inform the world about the video game industry. The first video brings together some of the industry's key stats.You know the ones: The average gamer is 35, the industry brought in $11.7 billion last year -- the kind of stuff your mother laughs off when you try to explain that you're not a kid anymore. Well, now you can show her the same facts on video, so they have to be true. Check out the video after the break.
Wear some comfy shoes: 90% of E3 space booked up
With E3 trying to reclaim its former glory by once again taking over the entirety of the LA Convention center, there's going to be a lot to see and do this year. There's also going to be a lot of walking to do, because 90% of the space for June's show has already been claimed, so says the ESA. The organization's goal of 40,000 qualified attendees is also on track and it has confirmed that over 100 exhibitors are already on board, besting the 86 we knew about back in February.E3 2009 will take place at the Los Angeles Convention Center June 2 though June 4.[Via Gamespot]
Piracy report highlights European countries
A report filed by the International Intellectual Property Alliance, of which the ESA is a member, discusses the economic scourge of online piracy. ESA CEO Michael Gallagher calls online piracy the "greatest threat to the innovation, artistic commitment and technological advancements enjoyed by millions of consumers worldwide." It calls out BitTorrent and eDonkey as the two leading P2P networks for illegal downloads. The ESA highlighted one part of the report, which involved tracking the illegal downloads of 13 titles during December 2008. Users downloaded 6.4 million copies of these games, the two most popular titles being downloaded 4.7 million times. The "heaviest illegal downloading" occurred in Italy (17%), Spain (15.1%), France (7.9%), Germany (6.9%), and Poland (6.1%). The heaviest per capita of illegal downloads occurred in Israel, Spain, Italy, Portugal and Poland.The full report, which covers piracy beyond games, can be viewed on the IIPA site. Don't be surprised if piracy gets a little more attention now. With industry layoffs not going out of fashion anytime soon, somebody has to take the blame.
ESA spent $4.2 million lobbying in 2008
What bad economy? Gamasutra reports that the Entertainment Software Association (ESA) spent a whopping $4.2 million dollars on lobbying the federal government over the course of 2008. The organization split its time lobbying on multiple issues last year, including those surrounding patents, governing online gaming and dealing with pesky pirates, as well as fighting bills aimed at keeping M-rated games out of the hands of kids.Overall, the ESA's spending grew more than 25% from the previous year. In fact, in the fourth quarter alone, the group reportedly spent more than $1.1 million on these efforts, a $10,000 increase over the previous quarter. Good to know at least someone in the game industry still has money to throw around.
