Sixcess said:
I'm in the UK, so the most surprising thing about this case to me is that there isn't already a law like this in the US.
Here in the UK games have ratings, just like movies, and a store that knowingly sold 18 cert games to children would be very open to prosecution. This has not led to waves of goverment suppression of video gaming or games not being released in the UK.
I get that in an abstract sense it's a big question of 1st amendment rights and all that... but on a practical level, so far as I can tell, people are up in arms about the right of Walmart to sell GTA to 10 year olds.
The law isn't the problem here. Iresponsible retailers, and parents who don't give a damn what their kids play as long as it shuts them up - that's the problem.
No, No, No. The law is the problem. It is the only problem. Our government can not censor media.
Did you even read the article? We do have a rating system. It's called the ESRB. Companies do have to submit and pay to be rated by the ESRB, but without a rating from the ESRB, no retailer will stock and/or sell a game. Further more, the ESRB has the power to fine developers who mislead them about content. In theory, they could refuse to rate a game completely denying it a market. And the BIG 3, Sony, Microsoft, and Nintendo, will not license AO (Adults Only) rated games to play on their systems, but do require ESRB ratings to license games in the U.S. if not North America.
And retailers do restrict the sell of violent video games to minors. They refuse to sell M (Mature 17+) rated games to minors. I've heard differing success rates depending on whether it's a private organization with a stick up their butt and something to prove (generally low rates) or something actually worth listening to like an actual Federal government review (a recent FCC report actually praised the ESRB as a whole). All media are self regulated, and that is a much preferred system. I have personally been carded while buying games plenty of times. When I bought God of War 3 the cashier started to warn me about the content until I assured them that the content was why I was buying the game.
Yee wants you to believe that this law empowers the parents, but that is a lie. All it does is fine the retailers for violating some poorly defined concept of violence. The law would basically require the California government, which is already cash strapped as it is, to form a regulatory body just to help define which games were "unacceptable", because the law is so poorly defined and it would be illegal to give the force of law to the ESRB ratings (they are guidelines and nothing more). One part of the law describes torture on humans as being unacceptable content. In the Supreme Court hearing, one of the judges asked about torturing non humans, like Vulcans, which the lawyer for California stated would NOT be covered.
People are up in arms, because we don't want to see a day when our games are regulated or become nothing more than childrens' play things. We see this law making it so developers are afraid to create games like GTA, Halo, Call of Duty, or God of War at all. Also, the only media which is ILLEGAL to sell to minors or pornography. Do you think GTA is pornography? Or alcohol?
Bottom line: This law is a crock. It's poorly defined, violates the U.S. Constitution, and doesn't do what the Senator claims he wanted to do. If Yee wanted to empower parents, he failed miserably and only empowered the state while weakening the First Amendment. He should have worked with the industry, not against it. I look forward to the day that this witch hunt is over.
I hope I helped you understand exactly what the problem is with this law. I'd also recommend you watch the Extra Credits episode, too.