Lawyer: California Law Could Destroy Videogame Industry

[Mymla]

Wasn't there a law in the UK that did pretty much exactly the same thing but was proven unenforcable because of some rubbish last year and is now being reviewed?

 

[I_am_acting]

The case is said to decide if video games will be considered an artistic medium. This means that if the court decides it has no artistic value then it will no longer be protected by the first amendments right to free speach and expression. This means that laws can be placed on video games, regulating what content can and cannot be placed on those shiny discs we all cherish so much. Pray for us all.

even if they recognize the fact that video games are an artistic medium, this law tries to subvert that under the guise of "reasonable regulation"

As long as other states, countries and continents still strive and keep free of this law; this won't 'destroy' the Video Game industry. Good thing I live in NZ, or I'm moving back to South Korea!

America is console central. If America falls consoles will DIE completely and this time, unlike the 1980s crash, it won't come back. PCs can survive, but consoles will be dead. It will be an effective reset of the entire industry back to square one when pong.

But would this affect other states?

it would give them the argument they need to resend these laws back to their respective legislators and get them passed

 

[Mr. Omega]

If you are under 17 just get your parents to buy the mature rated games, problem solved.

Congratulations, sir. You have just pointed out WHY this law is not only stupid, but a big waste of time. It will solve NOTHING.

Idiot parents will still buy their kids whatever game they want, regardless of rating. That's how things have been before the law, that's how things would be even if the law passes. Store regulations prevent kids from getting M rated games now, making it a federal mandate changes nothing.

 

[fat american]

Well if you were hoping for another Fallout or Elder Scrolls I guess you're boned if this passes. It says any violence agains a human or humanoid. That means pretty much no more killing in video games at least as far as selling to minors. They might take Halo and Modern Warfare offline if this passes.

 

[El Poncho]

If you are under 17 just get your parents to buy the mature rated games, problem solved.

...and idiots like you are why this is happening. Take a bow.

I don't see how it is because of people like him, he just knows a solution to what happens, the people who think video games are bad for kids is why this is happening.

Also, I am told that most game stores do not sell mature games to minors anyway.

Because mommy and daddfy byuy junior Super Killdeath Bloodshed Arena III which has an M rating (though they don't register this, it's "just what he wants") and happen to see him playing it and pop a cap.

Now who do you think gets blamed? Do you think they're going to say "Oh golly, this is our fault for buying this, because as we can now see this was a M rated game due to it's violent content?"

No; they're going to point a finger straight at the company that made it and scream bloody murder.

And that is different from a minor walking in, buying the game himself and the parents seeing him playing it?

 

[Mr. Omega]

(sorry for the double post)

Also, for those saying this will only affect California, I'll just say this: Do you think California is the ONLY state to try shit like this? Lots of states, if not EVERY state, tried this, and the law got nowhere. The problem is none of them ever got to the Supreme Court, the highest authority in the entire country.

If this law passes, it sets a powerful legal precedent. All the other states now have all the ammunition they ever need to make the same law, because the whole "it violates free speech" arguement, the big thing stopping laws like that from being passed, will have effectively been made useless, because it wasn't enough to stop the California law.

If the California law passes, expect laws like this to pop up in all sorts of states. My legal knowledge is limited, so feel free to correct me.

 

[steamweedlegoblin]

Let's say this law gets passed. Sure, most major retailers would stop stocking M rated games, but you'd probably find smaller specialty adult's-only stores crop up. (Think porn shops, except instead of porn you get Grand Theft Auto.)

That's but a small comfort. However, the major comfort (for me at least) is that this law could potentially push digital distribution as the favored method of distribution far before its time would have come without such a law passing. Unless the US begins to regulate what content is appropriate for adults to view on the internet, digital distribution services would become the fastest and easiest way to acquire M rated games. Steam, Impulse, D2D and all other services would likely see their profits SKYROCKET because people who used to only buy retail have suddenly jumped into digital distribution because they may have no other choice.

That could essentially spell the end for the mainstream popularity of consoles, (except for kid-friendly ones - such as whatever Nintendo shats out) and the PC would again become the most popular platform for gaming.

But who knows. We'll just have to wait and see.

 

[McFox]

For those outside the U.S. that don't understand that our constitution is pretty much the single most important thing in our country and don't think that this law isn't a big deal and won't cripple the industry and won't remove Video Games' rights, it is and will. Restricting the sale of video games to minors is what this law will allow people to do because the law is contesting the First Amendment rights of Freedom of Speech and Expression by making it restricted. The knee-jerk reactionaries will see to it that it goes much farther than this because this will give power to the states to decide legislation on video games making it hard to determine which states will find this appropriate if any at all, and this means that Mature or even Teen rated games will most likely stop being made because the state governments will decide what is "violent" or "obscene". Plus the U.S. is basically the biggest market for Video games and is also home and prime market for some of the biggest and/or best companies and publishers [Bioware, Bilzzard, Epic, Bungie, Rockstar, Take 2, valve, the list goes on...] and they make games primarily intended for the U.S. Market. If we restrict this medium in any way that takes away it's it's rights, people will go even further than just restricting sale of video games to minors, most likely going to such extremes as to end the medium due to lobbyists and special interest groups having a lot of power over legislatures. Interest gropus who want to "protect" their children or come from other industries (Parents Television Council and from the Film industry).

People comparing this to the rating system in your country being legally binding and that it's just fine if we get one too, it's not because of the difference in our societies. The U.S. is full of lazy parents who don't want to accept responsibility for their child because they, like many people don't have the maturity level because they party most of their time before they get married and don't have enough responsibility to watch their kids so they want the government to do it for them. Look at the general public we have here. There is NO reason Jersey Shore should be on TV at all, yet it's a high rated show and most of America loves it. Most people in America are the same kinds of idiots you see on that show, but they're too stupid too admit it and will deny being anything like them. These people are the ones who become irresponsible parents (which is most people) who blame that industries are responsible for their kids seeing violent or "offensive" media on TV or Video Games because they're too lazy or too stupid to put Child Blocks on their TV or Game System, don't realize that the Mature on the box means not for your 10 year old, and just leave their kids to watch TV or Video Games so they don't have to be responsible for them. The only reason this law is happening is because these stupid people are too irresponsible to even take 30 friggin seconds to check in on what their kids do.

I'm sorry this wall of text is so long it's just so frustrating to me how my Country's general population is THIS damn stupid, ignorant, and irresponsible. I'm only 18 and I'm more mature than most people under 40 in the U.S. To me, that's scarier than any terrorists or WMD's.

I actually couldn't agree more with this statement. It always seems that people want to scapegoat and find things to blame for the faults in their children. Ultimately, what it bares down to, is the discipline the parents makes on the child. If a minor isn't mature enough to understand the idea of discipline, then blame should be on the parent, not video games.

Video games are made for entertainment, not tools that influence the youth to do terrible things...

 

[meepop]

If you are under 17 just get your parents to buy the mature rated games, problem solved.

Did you go off by your own when you were under 17? Your parents head home while you had about $30 burning a hole in your pocket? Thought so (Hopefully). With gas prices what they are, parents won't be zooming out to buy Portal 2 if it's deemed "obscene" or any other game just because it features stuff that's "bad". Yahtzee said it best: good and bad are meaningless terms. They get their definition from our society, and the governmental and parental morons will close off gaming for people under 17-18 (including myself), and not all minors live within five minutes of a video game store like you apparently do.

Anyway, if your answer to my first question was no, then your parents may be off elsewhere doing stuff and won't exactly be in the best of sorts when they find out that you rushed them halfway across the mall or whatever to pick up "Mature Game That's Totally Awesome That Minors Can't Buy."

Back to OP: I couldn't agree more--this will ruin video gaming as I know it; I mean I play games for entertainment and it's honestly rare I find a game that I think is cool by any definition of the word. Games like Left 4 Dead or Minecraft (not M-rated but just trust me here), I play them mainly for entertainment and to only partially get something out of them. I'm sure there's others like me and this law will almost entirely obliterate that because I decide what games to buy from what looks interesting. I'm going to nerd rage as much as possible if this law gets passed--Me and the other 10,000,000 gamers that are under 17 that actually give a damn.

 

[Jkudo]

For those outside the U.S. that don't understand that our constitution is pretty much the single most important thing in our country and don't think that this law isn't a big deal and won't cripple the industry and won't remove Video Games' rights, it is and will. Restricting the sale of video games to minors is what this law will allow people to do because the law is contesting the First Amendment rights of Freedom of Speech and Expression by making it restricted. The knee-jerk reactionaries will see to it that it goes much farther than this because this will give power to the states to decide legislation on video games making it hard to determine which states will find this appropriate if any at all, and this means that Mature or even Teen rated games will most likely stop being made because the state governments will decide what is "violent" or "obscene". Plus the U.S. is basically the biggest market for Video games and is also home and prime market for some of the biggest and/or best companies and publishers [Bioware, Bilzzard, Epic, Bungie, Rockstar, Take 2, valve, the list goes on...] and they make games primarily intended for the U.S. Market. If we restrict this medium in any way that takes away it's it's rights, people will go even further than just restricting sale of video games to minors, most likely going to such extremes as to end the medium due to lobbyists and special interest groups having a lot of power over legislatures. Interest gropus who want to "protect" their children or come from other industries (Parents Television Council and from the Film industry).

People comparing this to the rating system in your country being legally binding and that it's just fine if we get one too, it's not because of the difference in our societies. The U.S. is full of lazy parents who don't want to accept responsibility for their child because they, like many people don't have the maturity level because they party most of their time before they get married and don't have enough responsibility to watch their kids so they want the government to do it for them. Look at the general public we have here. There is NO reason Jersey Shore should be on TV at all, yet it's a high rated show and most of America loves it. Most people in America are the same kinds of idiots you see on that show, but they're too stupid too admit it and will deny being anything like them. These people are the ones who become irresponsible parents (which is most people) who blame that industries are responsible for their kids seeing violent or "offensive" media on TV or Video Games because they're too lazy or too stupid to put Child Blocks on their TV or Game System, don't realize that the Mature on the box means not for your 10 year old, and just leave their kids to watch TV or Video Games so they don't have to be responsible for them. The only reason this law is happening is because these stupid people are too irresponsible to even take 30 friggin seconds to check in on what their kids do.

I'm sorry this wall of text is so long it's just so frustrating to me how my Country's general population is THIS damn stupid, ignorant, and irresponsible. I'm only 18 and I'm more mature than most people under 40 in the U.S. To me, that's scarier than any terrorists or WMD's.

I actually couldn't agree more with this statement. It always seems that people want to scapegoat and find things to blame for the faults in their children. Ultimately, what it bares down to, is the discipline the parents makes on the child. If a minor isn't mature enough to understand the idea of discipline, then blame should be on the parent, not video games.

Video games are made for entertainment, not tools that influence the youth to do terrible things...

HA.....i concur....It's more sad than anything for me, when(if) people look back on not only america's culture but at the people's supposed views, what will they think? If you read about a country like that, what could you think? It's really sad when the majority of the population is what's wrong with a country...

 

[Jkudo]

Meh. I hope it does die in the US; maybe then the fuckwits will realise at last how much money they are pissing across the Atlantic to Europe and Asia.

Except it will affect more than just the US. In a chain reaction there might be significantly less developers around. Think before you speak.

Funnily enough, I did. And I know for a fact the US loves money more than it hates gaming. This law won't get passed; not because of any Supreme Court judgement, but because the economic impact-thousands unemployed, billions lost in revenue- could have a domino affect for everything else.

As for less games, I'm not exactly bothered; 9/10 stuff churned out nowadays is shovelware designed to fill the pockets of certain developers who can't be arsed to be original anymore.

9/10 is shovelware? What do you think will happen when games suddenly become much less profitable? Will they suddenly make creatively astounding games? No...they will make the same over and over again, even more so than they do now.

 

[matsugawa]

Call me naive our behind the times, but wasn't the formation of the ESRB (and their ratings system) supposed to prevent this sort of situation from arising?
Wasn't that the aim of the senate hearings against companies like Sega, Midway, and Konami, wherein Kohl and Lieberman said, "...if you don't, we will!" referring to the games industry creating a self-regulation system akin to the MPAA's certification program in lieu of government regulation?

 

[roostuf]

First off the bat who the fuck made California's word law, like come on if this somehow passes then there will be no duke Nukem no more battlefield and no more funny mindless games that only were made was for the crack of it like god of war. I hope to christ this doesn't come to pass if so then say good buy to our most basest human rights!

I mean seriously why does this one state out of all the other 50 or 51 states has the last words wupty fucking do its the land where all the celeb's are and where the ex-terminator runs for office like come on.

 

[Irridium]

Supreme court is full of sensible people, I am pretty sure that they will shoot this down.

*collapses laughing*

Well when this law was brought before other courts, every single one shot it down.

So hopefully the Supreme Court does the same. I won't hold my breath, but considering the industries perfect record in court cases like this, there is hope.

Otherwise games are fucked.

If it passes, since most developers are in the US they'll either move or just shut down, or make crappy kiddie games. Which would mean less games for everyone everywhere. Plus there's the fact that the US government likes to ***** at other nations for not doing what we're doing. So perhaps others will enact the same law. Doubtful though, since most countries just laugh at us when we try to push them.

 

[captain underpants]

Protip - Predictions of doom and gloom usually end up not happening.

 

[CrystalShadow]

Whats up 1984? I thought you happened sixteen years ago.

Twenty seven years ago. Sixteen Years ago was '93.

OP: NO!
I support the first amendment, and as such, this law must not pass!

<.<

Math is apparently not my strong suit when I'm pissed off...

Thank you for that.

Gah. The person correcting you can't count either. -_-'

it's 2010.

2010 - 1984 = 26

Although I guess that's close enough.

But I know this because I'm 27 and was born in 1982. (that only works because of how late into the year I was born though. There will be a brief period this year when I'm 28)

 

[McFox]

For those outside the U.S. that don't understand that our constitution is pretty much the single most important thing in our country and don't think that this law isn't a big deal and won't cripple the industry and won't remove Video Games' rights, it is and will. Restricting the sale of video games to minors is what this law will allow people to do because the law is contesting the First Amendment rights of Freedom of Speech and Expression by making it restricted. The knee-jerk reactionaries will see to it that it goes much farther than this because this will give power to the states to decide legislation on video games making it hard to determine which states will find this appropriate if any at all, and this means that Mature or even Teen rated games will most likely stop being made because the state governments will decide what is "violent" or "obscene". Plus the U.S. is basically the biggest market for Video games and is also home and prime market for some of the biggest and/or best companies and publishers [Bioware, Bilzzard, Epic, Bungie, Rockstar, Take 2, valve, the list goes on...] and they make games primarily intended for the U.S. Market. If we restrict this medium in any way that takes away it's it's rights, people will go even further than just restricting sale of video games to minors, most likely going to such extremes as to end the medium due to lobbyists and special interest groups having a lot of power over legislatures. Interest gropus who want to "protect" their children or come from other industries (Parents Television Council and from the Film industry).

People comparing this to the rating system in your country being legally binding and that it's just fine if we get one too, it's not because of the difference in our societies. The U.S. is full of lazy parents who don't want to accept responsibility for their child because they, like many people don't have the maturity level because they party most of their time before they get married and don't have enough responsibility to watch their kids so they want the government to do it for them. Look at the general public we have here. There is NO reason Jersey Shore should be on TV at all, yet it's a high rated show and most of America loves it. Most people in America are the same kinds of idiots you see on that show, but they're too stupid too admit it and will deny being anything like them. These people are the ones who become irresponsible parents (which is most people) who blame that industries are responsible for their kids seeing violent or "offensive" media on TV or Video Games because they're too lazy or too stupid to put Child Blocks on their TV or Game System, don't realize that the Mature on the box means not for your 10 year old, and just leave their kids to watch TV or Video Games so they don't have to be responsible for them. The only reason this law is happening is because these stupid people are too irresponsible to even take 30 friggin seconds to check in on what their kids do.

I'm sorry this wall of text is so long it's just so frustrating to me how my Country's general population is THIS damn stupid, ignorant, and irresponsible. I'm only 18 and I'm more mature than most people under 40 in the U.S. To me, that's scarier than any terrorists or WMD's.

I actually couldn't agree more with this statement. It always seems that people want to scapegoat and find things to blame for the faults in their children. Ultimately, what it bares down to, is the discipline the parents makes on the child. If a minor isn't mature enough to understand the idea of discipline, then blame should be on the parent, not video games.

Video games are made for entertainment, not tools that influence the youth to do terrible things...

HA.....i concur....It's more sad than anything for me, when(if) people look back on not only america's culture but at the people's supposed views, what will they think? If you read about a country like that, what could you think? It's really sad when the majority of the population is what's wrong with a country...

I can just imagine looking back several years ahead and overlooking at the present American culture. It's actually quite pathetic in so many aspects; the people in this generation really set bad examples from its lack of knowledge and common sense. Seriously, is this the way were evolving as society?

God, if this keeps on going, I think we may be heading backwards in the evolution process.

 

[Soviet Heavy]

Now, Corporations are allowed to represent themselves yes? So why doesn't the entire fuckingindustry make a stand? Activision and EA might be evil, but they are big, and they are powerful. Get gaming corporations and businesses to group together to fight this bill.