Expert Warns of Possible Catastrophic Effects of California Videogame Law

Logan Westbrook

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Feb 21, 2008
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Expert Warns of Possible Catastrophic Effects of California Videogame Law

The proposed California game law won't just affect retailers, says veteran entertainment lawyer Patrick Sweeney, the rest of us have plenty to be concerned about, too.

The Supreme Court's ruling on California's bid to make the sale of mature rated videogames to minors punishable by law is about as big a deal as it gets, but not everyone understands what all the fuss is about. To the layman, the changes the law would bring about are pretty minor, but Sweeney warns that the knock-on effects of the law could be disastrous for the videogame industry.

Sweeney, who heads the videogame practice at the Reed Smith law firm, and counts the likes of EA, THQ, and Nintendo among his clients, believes that if the law passes, the videogame industry will see big job losses and will make fewer games as retailers stop stocking M rated games for fear of prosecution or litigation. Perhaps worse than that, however, is a possible exodus of talent away from the industry to fields with fewer governmental restrictions and interference.

"I believe the independent development community would be severely impacted," he said. "Innovation, both from a creative and technological aspect, would also be stifled. The companies, brands and individuals that we should be embracing as the visionaries of this creative and collaborative industry will migrate their talents to a more expressive medium."

Simply put, the U.S. is the heart of the Western videogame market, and what happens to it affects all the other territories as well. If sales of mature rated games dry up in the US because retailers refuse to stock them, then publishers will stop making them, or water them down enough to get teen ratings instead. People wail and gnash their teeth when a movie is tweaked to get a PG-13 rating rather than an R, so just imagine that potentially happening to pretty much every game you'll play for the foreseeable future, and you'll start to see how much of an effect this law could have.

Source: Industry Gamers [http://www.industrygamers.com/news/could-california-game-law-lead-to-an-exodus-from-the-industry/]





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theblackmonk90

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Sep 28, 2010
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Or more likely they will move to other developed economy's and continue to produce video games with M rating for other countries. I am pretty convinced that if the US abandons the lead it has by hobbling the industry the games industry will simply stop selling those games in the US.
 

DoW Lowen

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Jan 11, 2009
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I'm really disappointed with political correctness in the past 10 years. What began with good intentions to eliminate bigotry and hate speech has now made everything stale. We're merely satisfying the lowest denominator, here in Australia we cop it pretty terribly, they censor the Simpsons down under. Do you know how frustrating it is for vocal right wing minorities to win, I know in America minorities don't actually have that much power unless they have strong political, often religious affiliation (not bashing religion, just saying that most censorship councils have religious backgrounds), but down in Australia as they say 'the squeaky wheel gets the oil'. (Interesting note: In California they banned the dictionary from some schools because they define 'oral sex')

I really hope it goes well, it will be a momentous occasion for video games. It may not seem like a big deal to others, but it's more than just entertainment, it's an indication of how far political correctness will take us back.
 

WelshDanny

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I still don't understand what all the fuss is about. The rest of the worlds games industrys still appear to be going strong despite the fact that kids can't buy 18 rated games.

Can a kid in the states seriously walk into a shop and buy Call of Duty or Grand Theft Auto?
 

Femaref

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WelshDanny said:
I still don't understand what all the fuss is about. The rest of the worlds games industrys still appear to be going strong despite the fact that kids can't buy 18 rated games.

Can a kid in the states seriously walk into a shop and buy Call of Duty or Grand Theft Auto?
No, they are restricted already (as far as I know, I'm not from California or America), but that's not the point. People just need a scapegoat so nobody sees the real problem - parents not willing to be just that: parents. If you have a child, you are responseable for it, not the government. You don't want your child to play M rated video games? Don't fucking buy him those then.
 

Inglonias

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WelshDanny said:
I still don't understand what all the fuss is about. The rest of the worlds games industrys still appear to be going strong despite the fact that kids can't buy 18 rated games.

Can a kid in the states seriously walk into a shop and buy Call of Duty or Grand Theft Auto?
Sometimes. I asked my parents for GTA 4 recently, and they said no, which in hindsight was probably a good answer from them.

Responsible parents should not be replaced by a government bureaucracy.

I always wonder if I'm being hypocritical when I believe in gov't regulation in other areas of the economy (oil, Wall St. etc) and don't like this.

Then I think that its a certain area, and stop wondering. There's nothing really wrong here. When Wall St. gives us a horrible economy, they get punished. Video games don't do anything of the sort, AFAIK.
 

DJDarque

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Aug 24, 2009
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WelshDanny said:
I still don't understand what all the fuss is about. The rest of the worlds games industrys still appear to be going strong despite the fact that kids can't buy 18 rated games.

Can a kid in the states seriously walk into a shop and buy Call of Duty or Grand Theft Auto?
They shouldn't be able to, and in most cases, aren't able to. The ESRB rating enforcement is completely voluntary, so some children still do get away with it. However, even being voluntary it has proven over and over again to be more effective than MPAA for movies and Parental Advisory stickers for music.
 

Woodsey

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Plaaaay-ers your game is through, 'cos now you've got to answer to, AMERICA! FUCK YEAH!

I love how I - a gamer in a totally different country - will possibly be affected by the wishes of some American governors.
 

fKd

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Femaref said:
WelshDanny said:
I still don't understand what all the fuss is about. The rest of the worlds games industrys still appear to be going strong despite the fact that kids can't buy 18 rated games.

Can a kid in the states seriously walk into a shop and buy Call of Duty or Grand Theft Auto?
No, they are restricted already (as far as I know, I'm not from California or America), but that's not the point. People just need a scapegoat so nobody sees the real problem - parents not willing to be just that: parents. If you have a child, you are responseable for it, not the government. You don't want your child to play M rated video games? Don't fucking buy him those then.
i fully agree with this statement, its about bad parenting, that is all it is...
 

DJDarque

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Aug 24, 2009
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Woodsey said:
Plaaaay-ers your game is through, 'cos now you've got to answer to, AMERICA! FUCK YEAH!

I love how I - a gamer in a totally different country - will possibly be affected by the wishes of some American governors.
It will be shitty all the way around if it passes.
 

Delusibeta

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Mar 7, 2010
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DJDarque said:
WelshDanny said:
I still don't understand what all the fuss is about. The rest of the worlds games industrys still appear to be going strong despite the fact that kids can't buy 18 rated games.

Can a kid in the states seriously walk into a shop and buy Call of Duty or Grand Theft Auto?
They shouldn't be able to, and in most cases, aren't able to. The ESRB rating enforcement is completely voluntary, so some children still do get away with it. However, even being voluntary it has proven over and over again to be more effective than MPAA for movies and Parental Advisory stickers for music.
Ironically, even in systems that are legally binding (like in the UK), there's some big, glaring loopholes. This law will do nothing to prevent children getting M rated videogames.
 

Desworks

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theblackmonk90 said:
Or more likely they will move to other developed economy's and continue to produce video games with M rating for other countries. I am pretty convinced that if the US abandons the lead it has by hobbling the industry the games industry will simply stop selling those games in the US.
No, you don't get the point at all. It's not about it being illegal to develop M rated games in the states. It's all about sales.

The US is a massive games market, and if US retailers get cold feet due to this law, then they could well refuse to stock M rated games. The fall out from that would be no more M rated games, at least not of the triple A standard. No developer would develop games if you can't sell them in one of the biggest games markets, you wouldn't make a profit and companies that don't make a profit... well, just ask 3d Realms how that business model worked out.

Ninja stealth edit: Naturally, retailers deciding not to stock the games is a worst case scenario, but if it's all the same to you, I think I'd like you colonials to strike this one down before it gets that far.
 

DJDarque

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Delusibeta said:
DJDarque said:
WelshDanny said:
I still don't understand what all the fuss is about. The rest of the worlds games industrys still appear to be going strong despite the fact that kids can't buy 18 rated games.

Can a kid in the states seriously walk into a shop and buy Call of Duty or Grand Theft Auto?
They shouldn't be able to, and in most cases, aren't able to. The ESRB rating enforcement is completely voluntary, so some children still do get away with it. However, even being voluntary it has proven over and over again to be more effective than MPAA for movies and Parental Advisory stickers for music.
Ironically, even in systems that are legally binding (like in the UK), there's some big, glaring loopholes. This law will do nothing to prevent children getting M rated videogames.
Oh, I'm sure. There will always be stupid parents who pay no damn attention and will buy their demon spawn any games they want just to get them to shut the hell up.
 

Logan Westbrook

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Feb 21, 2008
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WelshDanny said:
I still don't understand what all the fuss is about. The rest of the worlds games industrys still appear to be going strong despite the fact that kids can't buy 18 rated games.

Can a kid in the states seriously walk into a shop and buy Call of Duty or Grand Theft Auto?
The markets are interconnected; if you take out the largest one, all the others will feel it.
 

WelshDanny

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Logan Westbrook said:
WelshDanny said:
I still don't understand what all the fuss is about. The rest of the worlds games industrys still appear to be going strong despite the fact that kids can't buy 18 rated games.

Can a kid in the states seriously walk into a shop and buy Call of Duty or Grand Theft Auto?
The markets are interconnected; if you take out the largest one, all the others will feel it.
So the games market is being propped up by under aged kids buying games then? hmm

America is such a strange place, seeing all the Tea Party stuff on the news scares the Hell out of me.
 

elvor0

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Sep 8, 2008
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Grilled Cheesus said:
Yeah, thats a very valid point except for one thing. What with the ever expanding advance of digital distribution who would care overly much if retailers stocked fewer games?
Hell game devs would more than likely love it since you cant really resell digital sales.
More doom and gloom predictions that in the end will result in a whole lot of jack shit.
The ps3. wii and Xbox are massive shares in digital distribution right?

OT I live in the Uk, so it being illegal to sell 18 games to under 18s and so on isn't exactly new to me, it all works fine here, and I understand the precedent but, I am in agreement that I can't see all this happening, sure we SHOULD be defending against it, but to be honest all I can see is it ending up like hte UK law, which is perfectly fine, if a movies an 18, you can't buy it, so I'm not quite sure why it should be different, the US have laws on movies and stuff don't they?