Besides, that law doesn't protect art. It protects things with "artistic value," among other things like scientific and political value. It's not about whether a medium counts as art, it's about whether a specific piece of art really is art, or if it's just porn. In other words, it doesn't protect all videogames -- how could it? The law that was used in that decision was written to ban pornographic movies. If it worked the way gamers seem to think it did, either all movies would be banned under it, or it would be illegal to ever ban one. Neither option matches the reality.Zachary Amaranth said:You guys best not be mocking obtuse indie title #44384.
A bunch of people shout at each other and nothing is resolved.Thunderous Cacophony said:So, who is ready for another rousing forum discussion of games and art? I know I'm not, so I'm gonna go get a waffle. Let me know how it plays out.
A legal or constitutional label is far from the designation of Roger Ebert or anyone else of his ilk.Dragonbums said:Luckily, we already have it. But as to why we need it, in the United States at least, it gives us protection against censorship due to being protected speech. That is a very, very important distinction. I actually do not at all agree with them that "art" is a label that is arbitrary, not when there are immense legal ramifications at stake.
And if they were serious, they'd go after it on commerce grounds.
Here's the list of things that have to be checked for on a case by case basis for something to be declared "obscene" and banned:
Whether "the average person, applying contemporary community standards", would find that the work, taken as a whole, appeals to the prurient interest,
Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by applicable state law,
Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
All three requirements have to be met. I don't know of any games not made either in Japan or by 4chan that wouldn't get past the second part of the test, let alone needing to actually get to the third part and find out if it has "serious... artistic... value."