ESA Wants $1.1 Million From California

Andy Chalk

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Nov 12, 2002
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ESA Wants $1.1 Million From California


The Entertainment Software Association [http://www.theesa.com] has filed for $1.1 million in legal fees from California following its landmark victory over the state at the Supreme Court.

The Supreme Court of the United States recently reaffirmed what lowers courts in the country have been saying for years: that videogames are persisted [http://www.escapistmagazine.com/news/view/111300-Supreme-Court-Rules-in-Favor-of-Videogames] all the way to the top court, where it lost one last time.

And now it's time to pony up. The financially-strapped state, which has already given the ESA $282,794 [http://www.escapistmagazine.com/news/view/85481-California-Coughs-Up-The-Dough] in legal fees resulting from its first loss, is now looking at another $1.1 million tab thanks to its ill-advised persistence. "From the start of this misguided legislation, then-Governor Schwarzenegger and specific California legislators knew that their efforts to censor and restrict expression were, as court after court ruled, unconstitutional and thus a waste of taxpayers' money, government time, and state resources," ESA President Michael Gallagher said in a statement.

"California persisted in defending a law that Plaintiffs warned the Legislature was unconstitutional before it was passed; that was previously found to be unconstitutional by the district court and a unanimous panel of the Ninth Circuit; and that is similar to at least eight other laws invalidated as unconstitutional prior to the time that California sought certiorari in this case," the ESA argued in its motion to recover attorney's fees.

California is the eighth-largest economy in the world, ahead of nations including Canada, Russia and India, but is currently struggling with a $9.6 billion budget shortfall. From a practical perspective, a million-dollar legal bill is just a drop in the bucket, but like the proverbial teabagging that follows the headshot, it's the thought that counts.


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thiosk

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Sep 18, 2008
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I am a californian, and I say pony it up. Maybe next time you'll think twice before wasting taxpayer dollars pursuing obviously unconstitutional laws to win political points with idiots.
 

The Grim Ace

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Yes, as another Californian in this thread I say we pay up. This isn't the first roundly unconstitutional/insane thing our state has done and -- debt crisis or not -- it's the state's duty to pay those fees. I doubt the state will slow down in doing insane things but that's nothing new.

[small]I may love my state but we have the worst public officials in the US[/small]
 

Actual

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What a wonderful last line. Luls were had.

Andy Chalk said:
...but like the proverbial teabagging that follows the headshot, it's the thought that counts.
 

Realitycrash

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but like the proverbial teabagging that follows the headshot, it's the thought that counts.

Made my day.
 

Nurb

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Dec 9, 2008
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Of all the things they needed fixing and persistance on, video games wasn't it.

The industry can't be a scapegoat anymore.
 

Fiz_The_Toaster

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Ok California, time to pay up, you knew this was gonna happen, so just pay the nice people and go back to doing...well, whatever you doing before.

And let this be a lesson to you when you want to use the taxpayer's money for something that everyone already knew in the first place.
 

DustyDrB

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Jan 19, 2010
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So this is pretty much the ESA kicking them while they're down. I approve. Also...
 

Dr. wonderful

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Dec 31, 2009
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As am MLP fan says to someone outside the herd:

"PONY UP!"

Also that Last line Chalk?



Much Lulz was had that minuite.
 

JediMB

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Oct 25, 2008
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Err... won't these $1.1 million also be taxpayers' money?

That sounds like a bad idea, considering the state of the US economy.
 

DocMcCray

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I can't add anything substantial to the conversation. So I'll just do this:

+1 Approve
+1 Lulz
+1 "Ha ha ha!!!"
 

EvolutionKills

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Now I'm waiting for the karmic balance to change, and to throw my own state of Pennsylvania under the bus. It's going to happen, probably sooner rather than later.
 

scott91575

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It's very uncommon in this type of litigation in the US for legal fees to be awarded to the winner. That is normally done in cases of frivolous lawsuits made in bad faith. Which of course could happen since there is evidence they were given fair warning from multiple experts it was unconstitutional. If the ESA is awarded legal fees, that is one more kick in the nuts to the people backing this litigation since it in essence declares them idiots.
 

EvolutionKills

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JediMB said:
Err... won't these $1.1 million also be taxpayers' money?

That sounds like a bad idea, considering the state of the US economy.

Yeah, but that's what happens when elected officials do stupid crap. The people who voted for them have to pay for their mistakes. It happens often enough, you vote them out of office.
 

TheMadJack

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Saw the announcement on Twitter and thought: "What? The European Space Agency is demanding 1.1$ from California!? WTF is that! I gotta check that out!"
 

Stealthygamer

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scott91575 said:
If the ESA is awarded legal fees, that is one more kick in the nuts to the people backing this litigation since it in essence declares them idiots.
Which they are. :3
 

samsonguy920

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Much as I cheer at the win in gamers' favor, I don't see California coughing up the cash. Considering they are a bankrupt state(Which makes no sense since their GDP rivals or beats small countries' own. Balance budget much? Obviously not!), better to not put any more pain on the taxpayers there, most of whom could have cared less about the ratings legislation or been on the ESA's stance for their own reasons. I hope
specific California legislators
are removed from office before they come up with other dumb ideas to put California further into a money pit.

Better to just call it a win and hold a fundraiser to make up for the expenses.
 

AstylahAthrys

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Apr 7, 2010
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California should do it, since they came up with this case in the first place, but it sucks that it is coming out of taxpayer money. (Though it might be in the state's favor to save their money and not do dumb things like this anymore.)
 

Blackout62

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Dec 24, 2008
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Put me down as another Californian wanting the state to pony up.

Take it out of the school budget. No one actually needs smartboards and they know it.

...Our state's seal is a somewhat sad hodgepodge of symbolism.