regulations
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LGJ: Revenge of the Regulators
Each week Mark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games: There's an old saying by Benjamin Franklin: "The definition of insanity is doing the same thing over and over and expecting different results." By that definition, most of the attempts to regulate video game content are insanity. Most have taken the same approach, with the exception of Jack Thompson's last attempt in Utah, which at least took a new angle. It's for this reason that I'm always interested in new takes on the now tiresome idea of regulating game content, and when GamePolitics posted one such new research paper by Renee Newman Knake, Assistant Professor at Michigan State University College of Law, earlier this week, I took the time to read it. But when you boil down this "new approach," is it really something novel, or just more "insanity?" Well, that's what we're going to explore today. I do want to say, before I get started, that much of the legal analysis is relatively sound, and as many problems as I have with this paper, the author does deserve some credit for those parts of the analysis. The paper's main focus is a discussion of "ecogenerism," and thus my discussion will largely be a dissection of the notable flaws in this approach. However, it is worth noting outright that this entire paper either makes its agenda quite clear from the outset or frames the debate in a less than accurate way to make the discussion seem greater than it is, as it starts from the basic flawed premise that we have "proven" a "causal" link between media violence, specifically video game violence, and real world violence. Even a cursory read over sites like VG Researcher and GamePolitics indicate the contrary. The supposition further ignores any benefits games may provide. Most importantly, it still ignores many of the fundamental flaws in video game research that have been pointed out in great detail. And the paper even ignores the more recent FTC data on the sale of violent games to children in favor of outdated metrics in order to cast a more negative light. But even ignoring this, the ecogenerism argument still has some substantial shortcomings.
This just in: California 'cool car' law may hose your iPhone reception
Whenever I visit California, I'm always amazed with the number of state laws that have been enacted for one reason or another. For example, you're warned about alcohol's effect on pregnant women (duh!) when you go into bars and restaurants, and many buildings have mandated warning signs outside telling you if there are materials inside that might be cancer-causing. Well, the latest California state law that will affect almost everyone in the Golden State is the new "cool car" regulation, set to take effect in the next decade. The idea here is that by reducing solar heat in cars by mandating reflective metal oxide additives in window glass, car air conditioners won't have to work as hard and gas mileage will be improved. The law calls for the coatings to prevent 45% of the sun's thermal energy from entering vehicles by 2014, raising the limit to 60% by 2016. While this is a noble and worthy goal, there's one major issue -- these materials, according to a post on our sister blog Autoblog, seriously degrade the transmission of radio frequency energy as well. That means that just about any electronic device that depends on signals from the outside world, including iPhones, GPS receivers, and wireless broadband cards for laptops, will be "adversely affected by the metallic reflective standard." You think AT&T's service is bad now? Just wait until you're sitting in a car that is shielding you from any wireless signal! Most likely, California vehicles will also need to be equipped with a group of (hopefully) aerodynamic external antennae to ensure continued wireless and GPS service as the law goes into effect.
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.
Blizzard downplays Wrath's issues in China
As we've reported on earlier, Wrath of the Lich King isn't heading towards a speedy approval for Chinese audiences, leading to problems for The9 if they can't get Wrath approved by the government. However, unlike The9, Blizzard is downplaying the issues Wrath may be facing.Blizzard has told GamesIndustry.biz that "World of Warcraft continues to operate as normal in mainland China, and we're continuing to work with our local partner, The9, toward the launch of Wrath of the Lich King there. An official announcement will be made once it's ready to go."It seems that everything is on track for Wrath's launch in China according to the company, but only time will ultimately tell when Wrath will be able to get away from the new stringent regulations holding it back.
Statistics point to China's growing significance in MMO industry
We've been mentioning a bit about some of the regulatory issues in China affecting massively multiplayer online games, particularly as they concern some Western game companies. However, a number of gamers in the West have wondered something along the lines of, "What does this have to do with me?" Well, in terms of Western markets directly, not much. But China is significant for the MMO industry seen as a whole.China will be the world's largest MMO market moving forward and as broadband speeds and penetration increase, the numbers of online gamers will keep rising. The current regulatory changes put forth by China's General Administration of Press and Publication (GAPP) stands to have a major impact on how online games are operated in this market, ranging from implementation of a "fatigue system" (where play time is limited each day) to censorship of game content. The country has over 55.5 million online gamers, with a total market for virtual transactions between USD 1.4 billion and 1.9 billion (RMB 10-13 billion), according to 2008 statistics released by the China Internet Network Information Center (as reported in English by JLM Pacific Epoch).
China to impose more restrictions on foreign online games
We've mentioned some of the issues that China's licensed World of Warcraft operator The9 faces with bringing Wrath of the Lich King to market, and what this latest round of regulation could mean for the the operator. The government's newfound concern with controlling exactly what content exists in online games played in China may have an impact that goes far beyond World of Warcraft. Other foreign MMOs are presently operating in China, while others have their eyes on this growing market.JLM Pacific Epoch cites (the Chinese-language news portal) Sohu, which reports that the General Administration of Press and Publication (GAPP) will "tighten approval criteria for online game imports in an effort to protect the development of online game enterprises and avoid the excessive penetration of foreign culture among Chinese youth."
LGJ: Jack Thompson's Utah 'game bill'
Each week Mark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games: Right on cue, after this week's previous LGJ, Jack Thompson's Utah bill finally made its public appearance. Surprisingly, the bill amounts to only 4 lines of text that will be edited into Utah's existing Truth in Advertising Act, a form of deceptive trade practice regulation. The entire relevant text of the statute is: 13-11a-3. Deceptive trade practices enumerated -- Records to be kept -- Defenses. (1) Deceptive trade practices occur when, in the course of a person's business, vocation, or occupation that person: (u) (i) advertises that the person will not sell a good or service labeled with an age restriction or recommendation to a person under the age restriction or recommendation; and (ii) sells that good or service to a person under the age restriction or recommendation. So what does this mean for the industry? I believe this bill has far more bark than bite, but it's more complex than a simple analogy. There are some potential consequences for electronic retailers based on this new potential regulation, but it also looks like this provision leaves a number of major loopholes that retailers can take advantage of. As the bill hasn't passed yet, this all may be moot if the Utah legislature opts against the regulation, but it's certainly worth analyzing in the interim.
LGJ: More game laws?
Each week Mark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games: It's early 2009, we've just elected a new President, and there are quite literally a mountain of problems to be addressed on Capitol Hill. Our economy has been in substantial turmoil for roughly six months, with some problems stretching back for years. Many states are at or near bankruptcy. This economic crisis has, by now, hit every country on the planet to some degree. So, our legislators have spent the last two months rushing to put together proposals to regulate video games. No, no one's undivided attention has been on the economy during this complete mess. Instead, since the start of the year, it seems there has been an explosion of potential new video game regulations, from Jack Thompson's bill in Utah, to New York, to the US Congress, to Australia -- just to name a few. And that's in addition to issues like the FTC's rumblings about DRM, which I've mentioned previously. While this boom in regulations and potential enforcement may be great news for sites like GamePolitics, it's potentially bad news for game developers and consumers, not to mention the taxpayers who are footing the bill for all of this. Of course, these laws are also coming from a number of different directions and under different theories, so I thought it might be a good time to give a short take on each and predict which directions things could be going.
FCC commissioner Deborah Tate resigns
The Huffington Post (among other sources) is reporting that FCC Commissioner Deborah Tate has resigned. This is the woman who, less than a month ago, said that World of Warcraft was one of the top reasons for college drop-outs. Now, I can't entirely blame someone for seeing MMOs as a bad thing, there are certainly a lot of people who don't seem to have the ability to throttle their playtime, but that really wasn't her first silly act or statement while she held her position (taking advice from corporations is bad, mmkay). A lot of people will take this news as a godsend.Of course, that doesn't mean she didn't do any good at all. Your personal views may differ from hers depending on the topic, but she's generally pretty well regarded for her efforts when it comes to issues regarding children and their protection. Personally, I don't agree with the extreme 'think of the children!' mentality (or Tate's approach to it) that's become increasingly common, but again, my opinion doesn't represent a nation. A few out of line comments don't negate her efforts entirely.
Tom Bihn's Checkpoint Flyer laptop bag in the wild, reviewed
We could tell from the press shot that this here laptop bag was far and away the most beautiful of the TSA-approved bunch, and a recent review over at Gadling confirms it. Put simply, the Tom Bihn Checkpoint Flyer is "fantastic," and even the reviewer found himself startled at just how much he dug it. The build quality was remarkable, the ease of use was commendable and the design itself was obviously worthy of praise. The only real rub is the bloated sticker; the price of admission is a stiff $220, and that's before you add in any useful straps or extra packing cubes. 'Course, you're probably wondering how this thing fared in real-world use, and we're happy to report that no cavity searches were required when passing through security on a flight from Chicago to Amsterdam. Check the full writeup and a hands-on gallery in the read link.
Tom Bihn's Checkpoint Flyer: a TSA-approved bag worth owning
Now that the TSA has doled out the official verbiage about what it considers a checkpoint-friendly laptop bag, expect to see the usual players toss in an option or two for frequent fliers. Thus far, all we've seen are cases that get the job done while throwing style to the wind in the nearest dumpster; now, however, we've a better option to choose from. Tom Bihn's stylish Checkpoint Flyer meets all of the TSA's requirements while still looking like a briefcase we wouldn't be embarrassed to be seen with. The 2.6-pound bag is crafted from US 1050 denier ballistic nylon and 500 denier Cordura and includes a trio of pouches on the outside, splash-proof zippers and ten smaller pockets for stashing those increasingly rare bags of peanuts / pretzels. It's available now in three colors for $220 (yeah, we know, but it's made in the US of A).[Via Electronista]
Vivendi is dead, long live Activision-Blizzard
Okay, so we've been waiting for this moment for a few months. The waiting probably hasn't involved breathless anticipation or anything, but there's definitely been waiting. It's now official, and there's very little to go wrong -- Vivendi is merging with Activision, destroying the Vivendi Games name in favor of the new entity: Activision-Blizzard.Activision shareholders (and a little regulation-fu) were the only hold ups to the process. Today, Activision shareholders voted 92% in favor of merging with Vivendi. Which means that 8% voted against the deal -- I have to wonder what they were thinking. The old Vivendi folks have a 52% control of the new company (called Activision-Blizzard), which is projected to clock over $3.8 billion dollars annually. The close date is tomorrow -- it's still technically possible that an enormous asteroid may fall from the heavens, plunging the entirety of the Earth into a post-nuclear wasteland. Or, zombies could attack. Maybe Zombie Murlocs, with their own MySpace accounts. But short of a Murloc invasion (I, for one, welcome our new Mrlglglglge overlords), there's nothing left for the merger but for the fat lady to sing.
Microsoft: Byron regulations may make games more expensive in UK
We sense a pattern developing. Neil Thompson, Microsoft's UK regional director for Entertainment and Devices Devision, is "concerned" that the implementation of the Byron Review recommendations may increase the cost of games for consumers in the UK. This comes days after EA's Keith Ramsdale said the review's ideas could delay the release of games in the region.The Byron Review recommends all games that'll receive a 12+ certification need to be evaluated by the British Board of Film Classification; only games flagged to have sex, violence or criminal activity currently receive the review. The industry is fighting the Byron recommendation so it can avoid the extra costs incurred by a BBFC review. Thompson goes on to endorse the publisher-supported PEGI system as a reasonable response to the Byron Review recommendations. Well, we've now heard from two bears, one more complaint and we should unlock the "Goldilocks Achievement."
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?
Regulators put pressure on Sprint to remedy issues with iDEN network
Although Sprint has coughed up some $1 billion over the past few years in order to nix the interference between 2,200 public safety agencies across the US and its iDEN network, it apparently hasn't done enough. Reportedly, the FCC has warned Sprint that it "could lose access to the signal spectrum used by its Nextel- and Boost Mobile-branded wireless services" if it doesn't remedy the problem by June of 2008. Supposedly, Sprint is "working hard" to settle the issue, but it's not wasting any time asking the US Court of Appeals to get involved. The carrier claims that these shut down threats could force it to halt signups of Nextel-branded customers, and furthermore, around three million public-safety workers would purportedly lose service if the FCC did indeed shut down the Nextel network. 'Course, industry analysts are suggesting that regulators wouldn't really go through with shutting it down, but if nothing else, this should light a fire under Sprint to expedite the process.[Via PhoneScoop]
NAB pleads for FCC delay, looks for ways to subvert XM / Sirius merger
As the constant battle between the National Association of Broadcasters and nearly everyone else continues on over the potential XM / Sirius merger, the entity is now asking the FCC to put a stop on the 180-day clock for considering the junction. Reportedly, all the NAB wants is "time to go through documents it said it is getting through a Freedom of Information Request filed in March," and it seemingly feels that some of the articles it's still waiting for contain proof of "serious apparent wrongdoing by XM and Sirius executive and senior-level employees regarding the operation of FM modulators / translators and / or terrestrial repeaters." Of note, both of the aforementioned sat radio providers shot back by stating that the NAB's "allegations are unfounded and its recent filing is just an attempt to stall the process." From the outside looking in, we'd say that sounds just about right. [Warning: PDF read link][Via BroadcastingCable]
US in-flight calling can't catch a break, ruled out for "foreseeable future"
As the long-running fight for US in-flight calling (or the lack thereof) rages on, it seems that we're finally getting a definitive answer on the matter -- for the time being, of course. According to Telegraph Travel, Les Dorr, of the Federal Aviation Authority (FAA), stated that "proposals to lift the ban on in-flight mobiles had caused such an outcry [that] they had been dropped." Furthermore, it was noted that aviation authorities had "ruled out the use of mobile phones on planes for the foreseeable future." Unfortunately, there was little exaggeration beyond that, but it seems that in-flight calling on US flights is on hiatus for the time being.[Via Textually]
ESRB does its job, industry discovers regulations
In early July 3D Realms received a violation notice from the ESRB, which has now precipitated one of the more public industry outcries against the ESRB. Scott Miller of 3D Realms spoke out against the industry regulator to The Hollywood Reporter after his company received "Internet Warning Notice" for 31 violations on their website. Miller was upset because he says his publishers handle all the rating stuff, so for the ESRB to send him a letter about violating rules because of old icons and no content descriptors made him feel like they were "sucker punching" game developers and that "The Dark Side is in control." 3D Realms' failure to comply would result in a $10,000 fine per violation.Miller has a laundry list of issues with the ESRB and the way they handled this situation, but the ESRB says they are simply enforcing the rules the industry placed upon itself. The ESRB's Patricia Vance says, "Unfortunately, due to 3D Realms' lack of experience submitting games to the ESRB, it would appear that they were unaware of the various industry guidelines in place and the consequences of not complying with those guidelines." Was that a Duke Nukem' Forever dig? We're sure there'll be more scuffles between developers and the ESRB. The same way the film industry has fights between directors/producers and the MPAA rating board. But the ESRB will pretty much tell you, it's either their way, the self-regulated way, or regulation will fall to the US government.[Via GamePolitics]
AT&T, Verizon get holiday gift from FCC: ruling eases IPTV regulations
On Wednesday the FCC handed down a new ruling that will make it easier for telecom providers to roll out IPTV services, which would bypass traditional cable company offerings. The commission voted 3-2 that AT&T and Verizon shouldn't have "unreasonable conditions" imposed on them by local municipalities whose rules often differ from one city to the next. However, the two dissenting Democrats cited the fact that it may become more difficult for municipalities to require providing public access to television channels over the internet. Further, these same commissioners remained concerned that the phone companies would select more affluent neighborhoods over lower class ones because the new ruling eliminates the long-standing policy that the same level of service must be offered to all residents in a given area. Based on those arguments and others, the new ruling is likely to be challenged in court and possibly by Congress; Rep. Ed Markey (D-MA), who will be heading the House Subcommittee on Telecommunications and the Internet in January, will also be checking whether or not this falls under the FCC's purview. In other words, it ain't over until that fat bandwidth pipe really sings. [Via Slashdot]Read - Ars TechnicaRead - The Washington PostRead - Los Angeles Times
ATRS to make entering / exiting vehicles easier for handicapped individuals
While there's certainly smart enough wheelchairs to get you around town without mauling a lamppost or taking out a crowd of bystanders, a Pennsylvania-based team has developed a system to get wheelchair-bound individuals in and out of their cars a lot easier. Engineers at Lehigh and Carnegie Mellon have partnered with robotic startup Freedom Sciences LLC and Freedom Lift Corporation to unveil the Automatic Transport and Retrieval System, which will supposedly "enable wheelchair users to drive while sitting in standard automobile seats that meet federal safety regulations." Currently, motorists are forced to use cumbersome, bolt-in attachments that typically require heavy modifications to the car in order to operate; the ATRS system, however, uses remote controls, wireless technologies, and "lasers" to assist drivers into a standard seat, roll their wheelchair "autonomously" to the loading dock, and close up the rear door, all while parked in the driver's seat. Sensational as it may sound, the system doesn't come cheap (nor with a wheelchair), and will cost handicapped individuals (or insurance companies) between "$15,000 and $20,000" when it goes on sale next spring.
