rockyoumonkeys said:
Okay, so you've explained all that, I still don't see where it even affects me. Instead of buying "M-rated", I'm buying "ultra-violent", big deal.
Your whole "free speech" thing is kind of a bunch of crap. Free speech shouldn't extend to you putting super violent video games into the hands of 13 year olds. Sorry.
Uh, this law doesn't stop 13 year olds from getting the games either. The parents can still buy GTA for little Jimmy if they want to. This law does nothing but limit what can and can't go into a video game. It has nothing to do with this "think of the children" crap. It's a device to say that video games are merely toys and not artistic expression.
The issue is distribution and sales. If K-mart, Wal-Mart, Best Buy, Target, Sears etc... decide that the $1000 dollar fines are too big of a hit to their bottom line, guess who stops stocking "ultra violent" games? And when the video game publishers see that the largest retailers are not stocking "ultra violent" games, they stop funding their development as there's not enough return on investment. Thus no more "ultra violent" video games. Remember that "ultra violent" could contain stuff that's currently rated E 10+ or T, not just Manhunt or GTA or RDR or Halo or any superhero game or... Remember Ao rated games? See any around anymore? Nobody will sell them so nobody will make them.
California Civil Code sections 1746-1746.5 said:
(the Act) prohibit the sale or rental of "violent video games" to minors under 18. The Act defines a "violent video game" as one that depicts "killing, maiming, dismembering, or sexually assaulting an image of a human being" in a manner that meets all of the following requirements: (1) A reasonable person, considering the game as a whole, would find that it appeals to a deviant or morbid interest of minors; (2) it is patently offensive to prevailing standards in the community as to what is suitable for minors, and; (3) it causes the game, as a whole, to lack serious literary, artistic, political, or scientific value for minors. The Act does not prohibit a minor's parent or guardian from purchasing or renting such games for the minor. Pet. App. 96a.
This is how "ultra violent" video game is defined under this law. Vague no?
Why not simply enforce the ESRB ratings with fines? Because it's not about keeping little Jimmy from virtual violence, it's about making video games toys and not free expression of ideas like movies, music, art, TV, comics, books etc... and don't deserve the protection those versions of free expression do.
Not only would simply adding fines to the ESRB ratings be just as effective as this law. This would would not require rewriting the 1st amendment, hiring a government board to rate games and hiring more civil servants to write up the tickets (ie: spending a ton of money on stuff they don't have the money to spend on) as the ratings are already done (by the ESRB) and enforcement can go to the FTC.
This "think of the children" crap is what the government is banking on to make this work. It's a decoy to make you look over there while I plunder your rights over here. If it was about the children, the law would simply enforce what's already there, and nobody would be complaining. It's why Canada and the UK seem to do fine with laws governing the sale of Mature content to minors and this US law has everyone up in arms. The Canadian and UK laws simply enforce the existing ratings system as law, they don't try to tell the developers what they can make or the publishers what they may publish. Which seems to be the more logical choice here? Hmm...