legislation
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New Illinois law bans Alcopop depictions from children's games
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.
Insomniac's Ted Price speaks out against video game legislation
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]
Chinese government to step up regulations on "unhealthy" online usage
While we gamers tend to roll our collective eyes at reports of Internet addiction and crimes being committed in the name of our favorite hobby, the Chinese government sees things a bit differently. According to a top legislator, around four-million Chinese youngsters under the age of 18 are addicted to the Internet, mainly attracted by online gaming. They even go so far as to call online gaming unhealthy, as the government calls for stricter monitoring of online games that have illegal or inappropriate content.This report labels this content as games with violence, pornography and those that feature Chinese soldiers as the enemy role. In addition to a 2006 law that ordered all Chinese Internet game manufacturers to install personal identification technology, they're now pushing technology to automatically log players off once they exceed a set number of continuous hours of gameplay.
ESA receives $282,794 reimbursement from California
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.
Sri Lanka to ban phone sharing in order to thwart terrorist activities
We've seen countries institute some pretty weird regulations when it comes to wireless handsets, but this one is apt to seem patently absurd to anyone outside of (and possibly within) Sri Lanka. Government officials are reportedly gearing up to implement legislation that would require handset owners to "to carry a certificate of ownership at all times when carrying their phone around." The new law will hopefully cut down on some terrorist activities that have apparently been going on, but it will also inconvenience quite a few innocent citizens as well. Ah well, at least locals can legitimately ask their mooching friends to get their own without sounding all snobbish.[Via textually]
New York governor signs 'unnecessary' game law
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.
Tennessee governor signs cable franchising bill into law
Remember that legislation we mentioned early last month which, if passed, could pave the way for AT&T's U-verse to infiltrate The Volunteer State? Governor Phil Bredesen just signed said bill into law, creating statewide TV cable franchising in Tennessee. Beyond that, details are few and far between, but don't be shocked to see yet another programming provider pop up in the not-too-distant future.[Thanks, roflercopterer]
Betrayal! Law of the Game columnist explains how to pass game legislation
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]
AT&T's U-verse spreads to more of Indiana
Although Smithville is aiming to offer fiber-based services to much of the Hoosier State within the next couple of years, AT&T isn't waiting around to boost its market share in Indiana. As of this week, legions of residents can now get connected to U-verse -- over 300,000 living units in total. Folks residing in parts of Anderson, Bloomington, Indianapolis, Kokomo, Muncie, Gary, Griffith, Merrillville, Highland, Crown Point, Hammond, Schererville and Dyer now have one more option for fetching content (Big Ten Network and all), and AT&T has already made known its intentions to reach out to more Indiana communities in the future. Ah, the sweet smell of competition.
New legislation could pave the way for U-verse in Tennessee
Although the matter has generally been swept under the rug nationally, folks in the great state of Tennessee yearning for more choices when it comes to receiving cable may be one step closer to getting just that. Just this week a compromise cable bill -- which would enable companies such as AT&T to "avoid having to seek hundreds of municipal permits to offer TV service" -- unanimously passed the House Commerce Committee. Still, select committee members questioned the aforementioned carrier's ability to deliver public, education and government (PEG) programming, and in order to avoid having firms roll out their networks to wealthy areas first, a provision was included that would force them to offer service to a certain amount of "low-income" neighborhoods or else face fines. Granted, there's no word on AT&T's immediate plans in The Volunteer State, but don't be shocked to see braids of orange fiber laid down in the future.[Thanks, Brent]
Law of the Game on Joystiq: Video game laws (abort/retry/fail)
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?
The great Panda debate
On Wednesday, March 5 we asked readers what races they would like to have added into the game. Pandarens seemed to be the most desired playable race along, with Worgen, Goblins, Murlocs, Furbolgs, and Naga. It was fun to dream of new races and places, but the rebuttals for why different races wouldn't work were equally as interesting. In the comments Censorman said, "I've heard China won't allow Pandas to be killed in games." Fanryn responded that "no one has ever found any reference of an actual Chinese law that forbids 'depictions of violence against pandas.'" I decided to investigate and see what I could come with for a reliable resolution to this debate.
Presidential candidates talk video game violence
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.
House overwhelmingly passes SAFE Act on obscene images -- Ron Paul dissents to save us from ourselves?
Look, kiddie porn and terrorism are bad. Obvious. But what better way for a government to push through controversial legislation quickly than to harness their emotive properties? After all, what self-respecting member of the US House of Representatives would vote against legislation called Securing Adolescents From Exploitation-Online, or SAFE? Only 2 it turns out (Rep. Paul Broun from Georgia and Rep. presidential candidate, Ron Paul) with 409 members voting yesterday in favor. The new bill requires everyone (that includes you and Starbucks) offering an open WiFi connection to the public to be on the lookout for report known "illegal images" and "obscene" cartoons and drawings. The reporting requirement extends to cover social networking sites, ISPs, and email providers. Failing to dutifully report what you've seen (or haven't seen but are unwittingly complicit in) could leave your data seized and in debt from fines of up to $300,000. This isn't a call to arms, however...
ESA wants Schwarzenegger to pay for legal fees
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.]
Ofcom approves UWB for use in the UK
Though it did take a bit longer than the six months Ofcom's chief technologist, Professor William Webb was hoping for, ultra-wideband has finally been given the green light in the UK. New legislation will mean that "UK users will not need a license to use UWB devices when they hit shelves in the future," and Ofcom's Chief Executive Ed Richards was quoted as saying that "where possible, we want to remove restrictions on the use of spectrum to allow the market to develop new and innovative services, such as UWB, for the benefit of consumers." So there you have it (UK-based) folks, just a few more days (August 13th, to be precise) before UWB usage is fair game on your side of the pond.[Via The Register]
Mitt Romney cleaning up dirty video game water
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.
NY game bill awaits passage in July
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!]
NY Times: Game law probably won't 'pass muster' in courts
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]
Vicarious Visions pens op-ed on troubling NY game bill
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]
