The Needles: Master Chief Goes to Washington

Delusibeta

Reachin' out...
Mar 7, 2010
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Considering that I live in the UK, where it is officially illegal for an under 18 to buy a PEGI 18 rated game and the power to ban games (which they've used... twice), let me remind you that these laws make exactly zero difference to the amount of games that get into the hands of the youth.
 

Vanilla Vanish

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Mar 15, 2010
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I don't suppose that the American government will listen to Australian protesters will they. Oh well.

Look, I'm from Australia, and as your all aware I can tell you EXACTLY what can happen if you remove the protections given to those who publish these products. It's simple, decide that Video Games arn't covered by the First Amendment and it will open the door to politicans and do-gooders to start censoring the games you want to play all the time. Do you really want to put up with the goreless version of L4D2? Or how about the modified version of Fallout 3? Hell, why not just remove games from shelves before they get there.

You know, I feel that gamers outside American should voice their opinion on this matter as well. I'm not an expert in games marketing, but I'm pretty sure that the U.S market for games is the largest in the world. And, I can see how forcing game publishers to alter their games for sale the American market will affect the version of the game we get here. Ok, so this law will only prevent the sale of games to children, not to everyone, but deeming that games don't share the protections from your bill of rights as other media do just makes this seem like the first step along a horrible horrible road.
 

Infernai

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Apr 14, 2009
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I'll sum up my feelings for this by saying: I live in Australia, look at our video-game situation...it is not good.
 

Fenixius

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Feb 5, 2007
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Andy Chalk said:
Honestly, I'm surprised that you'd come down on the "their oughta be a law" side of the equation. I would think that if anything, the Australian experience would demonstrate precisely why government regulation of creative expression (talking about all media here, not just games) is a bad thing.
Government regulation of any kind of expression isn't necessarily a bad thing. Censorship is. The difference being that some expression can be harmful to some people, and should never be made to view it or exposed to it unintentionally.

What my Government has is the right idea with an awful implementation. If they added the R18+ rating, it's very close to perfect, except that some content which would be AO under the ESRB's system would still be banned, which is sub-optimal.

I, working as a game retailer, have turned away people without ID when they try to buy ultraviolent videogames. Such a thing makes me proud of my government. I also have to sell people ridiculously self-censored versions of games like L4D2, which makes me angry. But we're working to fix it as best we can.

You get where I'm coming from, right? No content should ever be "banned", but restricting it so that minors don't get exposed to media which might result in potentially dangerous mindsets later is a good idea. Especially when parents can easily veto the ban; if a kid is there with the parent, all I need to do is make sure that the parent understands that the game has a restricted rating. It's fine if I get their okay. Some parents go "Oh, thanks! No, Sam, you're not having this", while some go "Yeah, it's okay. I'll play it with him", and others just don't care. It's still the parent's responsibility to parent. That's why I call it "very close to optimal".

Andy Chalk said:
And I'm curious as to why you think game developers should be making games that are more palatable to politicians, but don't seem to have a problem with movie studios that churn out idiotic, blood-soaked bullshit. Why is there a double-standard?
There's not a double-standard; just a misunderstanding. His point was that there exist movies which appeal to politicians, so they're going to be more understanding of the medium. Even if they don't particularly look for "idiotic, blood-soaked bullshit", they understand it because it's still similar to whatever they enjoy. There are few to no games which would appeal to people of that age, however, and therefore the medium enjoys less understanding and comprehension than others. This is the problem that The Random One was trying to explain. Indeed, he was not suggesting that violent games should no longer be produced, merely that a greater variety would broaden the base of people who grok gaming.
 

Snownine

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Apr 19, 2010
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Control! We know what is best for people, even more so than they do for themselves.

That is exactly how these people think and there are VERY few things, perhaps none, that piss me off more so than this. Governments, fix the roads, fund/take care of the fire and police departments, protect us from foreign aggression, STAY THE HELL OUT OF MY LIVING ROOM.
 

AnnaIME

Empress of Baked Goods
Dec 15, 2009
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The Gaiman quote... is he saying that people in Britain don't have free speech?

I loved that I could read and make my own mind up about something.

You can't do that in Britain?

On the main topic:
I live in Sweden, where movies in theaters are censored for violence* and given age recommendations, but games, books, music and movies outside theaters are unrestricted. I believe in this system, partly because I believe the alternatives are much worse.

On one hand, I, as a mother, am responsible for my children and for making sure that they only get access to media I believe is appropriate for them. Being myself a gamer helps a lot. On the other hand, telling parents to control their children so that game-selling can be free is a bit over-simplistic. As a mother, I am also responsible for letting my children experience the world without me. I would not be a good mother to my ten year old son and my six year old daughter if I supervised them every minute of every day, including at school and at their friends' houses, or even when they are alone in their rooms. Having time without your parents is part of growing up. Would you accept/have accepted that your mother retained complete control over your media access until you were 18? Or 21? Would it have been good for you?

All I am saying is that parents are not and should not be omnipotent. I know my children get exposed to things I'd rather they didn't, but in the end, all I can do is be there for them when they need to process what they have seen.




* The Swedish movie censorship is a formality. Nothing has been cut or banned for years, and the system is about to be abolished.
 

Fenixius

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Feb 5, 2007
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Infernai said:
I'll sum up my feelings for this by saying: I live in Australia, look at our video-game situation...it is not good.
Vanilla Vanish said:
Look, I'm from Australia, and as your all aware I can tell you EXACTLY what can happen if you remove the protections given to those who publish these products.
I can see that my opinion is definitely not shared by other Australians who are posting here in this thread, but I very strongly support the classification system in theory. The main issue is that the implementation is poor and/or corrupted by those who would impose their morality on others. Perhaps that's what I'm doing, but I do not feel that by restricting certain content from the legal viewing by minors, many people's ability to enjoy whatever they want, however they want, will be threatened. Under what I would consider an ideal system, similar to the ESRB's, there would not be any way for a piece of content to be "banned".

I should also point out that the Australian Classification Board does not just rate videogames with these same, legally-binding ratings: books, music, and movies/video content are all within the scope of the Australian Classification Board. As such, there is no inconsistency between gaming, movies, etc, except that when the Classification Act of 1995 was drafted, gaming was ill-regarded, and that poor understanding of the new medium remains enshrined in law today. That's all that needs to change for the Australian Classification Act to provide a very strong, very consistent ratings system.

However, the way that the Australian Classification Board rate content: that is, without respect for any sort of preexisting rating of similar content, going by vague, ill-defined "community" standards, etc, is a very serious problem. That, and the poor support the Board receives from legislators and Attourneys-General. More consistent terms and systems need to be installed, or the existing ones updated to become more consistent, before the ACB will truly fulfill their job well.
 

Chipperz

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Apr 27, 2009
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AnnaIME said:
The Gaiman quote... is he saying that people in Britain don't have free speech?

I loved that I could read and make my own mind up about something.

You can't do that in Britain?
Interesting fact - Britain has nothing protecting our freedom of speech. The big difference between us and America is that our government, for all it's faults, doesn't need these laws to stay off our backs - we can do pretty much anything if we aren't hurting anyone else.

Also, that Gaiman quote was (I believe) referring to just after the Thatcher years, when I'm told everything was pretty negative in England. I don't know how much it applies now...
 

Lono Shrugged

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May 7, 2009
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Over here in Ireland we have a ratings law for video games that's pretty well followed, It's similar to the alcohol are tobacco law in that they don't sell over 18's games to kids without a parent (or older brother) It's really no big deal to be honest and kids get their hands on violent games but usually from stupid parents who think silent hill is good for an 8 year old.

In a weird way it kinda has legitimised games here as a valid medium. By putting the same age stickers on games as movies (which follow the same rating rules) means that there is little ambiguity as to the content. Even an 80 year old granny knows that an 18's game is not for kids.

But I guess with a whole freedom of speech thing in America I can see why people are getting up in arms.
 

Thedutchjelle

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Mar 31, 2009
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Don't live in the USA, but over here in the Netherlands I have to identify myself if I want to buy a game with a rating. The retailers who don't ask for ID or sell to a different agegroup than the rating allows get a m-m-m-m-massive fine. I barely ever buy movies in retailstores (internet ftw ) so I'm not completly sure if the same rules apply on those, but it wouldn't surprise me.
 

Andy Chalk

One Flag, One Fleet, One Cat
Nov 12, 2002
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Fenixius said:
Government regulation of any kind of expression isn't necessarily a bad thing. Censorship is. The difference being that some expression can be harmful to some people, and should never be made to view it or exposed to it unintentionally.
We're not going to start teaching Manhunt in grade two. And our society gets along just fine without legal restrictions on any other forms of "harmful expression." So the question remains unanswered: Why games?

What my Government has is the right idea with an awful implementation. If they added the R18+ rating, it's very close to perfect, except that some content which would be AO under the ESRB's system would still be banned, which is sub-optimal.
The bar may move but the government still gets to ban content it thinks is inappropriate. Yeah, I'd call that pretty "sub-optimal" too.

It's fine if I get their okay. Some parents go "Oh, thanks! No, Sam, you're not having this", while some go "Yeah, it's okay. I'll play it with him", and others just don't care. It's still the parent's responsibility to parent. That's why I call it "very close to optimal".
But we're already doing that. And again, I point out that the videogame industry has a higher rate of compliance with age ratings than any other entertainment medium on the market.

Even if they don't particularly look for "idiotic, blood-soaked bullshit", they understand it because it's still similar to whatever they enjoy. There are few to no games which would appeal to people of that age, however, and therefore the medium enjoys less understanding and comprehension than others.
Which sounds a lot to me like, "I don't understand it, therefore I fear it and seek to control it." Is this really the kind of political attitude you want to encourage and pander to?

I do see where you're coming from, but the videogame industry is already doing these things and doing them very successfully. Other industries are not, and that's really the whole point: Why us?
 

Overlord59

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Jun 17, 2009
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...America's rating systems are not law? I can't help but feel thats ridiculous. Over in the UK we have restricted ratings to get into cinemas and buy video games etc. They cannot legally let us in or sell it to us if we are below the certificate age. While I'm against the idea that games are treated seperately from other media this law should be put into force for all media in america. Seriously whats the big deal? We have no first amendment over here and we still hold our precious freedom of speech. And I have no complaints for the age rating system either.
 

Andy Chalk

One Flag, One Fleet, One Cat
Nov 12, 2002
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AnnaIME said:
The Gaiman quote... is he saying that people in Britain don't have free speech?
This is the entire post:

http://journal.neilgaiman.com/2008/12/why-defend-freedom-of-icky-speech.html [http://journal.neilgaiman.com/2008/12/why-defend-freedom-of-icky-speech.html]

It relates to comics, not games, but the point is the same: Government regulation of speech inevitably leads to censorship. The UK is obviously far better off than many other countries, but there are limits (and those limits seem to be getting tighter with each passing day). In the US, the situation is different. Freedom from government interference in expression is guaranteed in the Constitution.

It may seem like a fine hair to split, but there's more to it than may be readily apparent. Gaiman does a better job of explaining it than I do, but if I was Neil Gaiman I wouldn't be sitting here talking to you, would I?

;)
 

boholikeu

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Aug 18, 2008
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Hurr Durr Derp said:
However, playing Devil's advocate for a moment, I'd say that comparing game laws to movie laws doesn't make a whole lot of sense. After all, games by definition contain a strong interactive element. It could easily be argued that watching a violent act being carried out on TV is something very different from playing a simulation of acting out that violent act yourself. In that light, it's not so strange that people think it's more important to keep small children from playing violent games than it is to keep them from listening to abusive lyrics or watching violent movies.
True, people often argue this, but in reality it has little basis on any fact. There have been no conclusive scientific studies that have found performing violent acts in a video game is more desensitizing than watching violent acts in a movie. Indeed, the actual physical act required to kill someone in GTA (pressing a button) is not all that different from what you'd have to do to view a murder on a DVD (press play).

Archangel357 said:
As a European, I fail to see a problem with this...

As a European, I do not believe in all this "small government" rubbish Americans are so fond of (but then, nobody here elects people with sub-80 IQs like Sarah Palin - if we did, I might start being for less government, too); and my country, like most of its neighbours, HAS no freedom of speech. We have a constitutionally guaranteed freedom of opinion. BIG difference. So since children are opportunistic arseholes and parents and salespeople are morons, actual laws restricting the sale of certain content to minors is totally fine by me.

Come on now, you cannot put a breast on a magazine cover in America, your network TV and radio is home to censorship on a communist level, and you complain about a law that might actually keep Manhunt out of the hands of quite a few pre-teens?
Here in America it's not so much that we don't want this stuff regulated. It's just that we don't want it regulated by the government. As the article mentions there are already industry-controlled regulations in place that prevent children from buying a violent game themselves. Sure some idiot mom might accidentally buy it for her son for Christmas, but the same thing could happen even if there were government regulations in place. Essentially people just don't want the courts to set a precedent for government regulation that might be taken farther a couple years later (dunno about in your country, but the American legal system is essentially based on the precedents set by earlier cases).

Plus it makes a distinction between games and other forms of media, which is another idea that I don't like.
 

Fenixius

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Feb 5, 2007
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Andy Chalk said:
I do see where you're coming from, but the videogame industry is already doing these things and doing them very successfully. Other industries are not, and that's really the whole point: Why us?
If you actually read the full text of my post(s), you'd've seen that I suggested not that videogames be regulated, but -all- forms of media. Equally, without differentiation. You're absolutely right - videogames do not deserve a special treatment, for better or worse, compared to other forms of media.

And I'm not suggesting that lack of such regulation is producing murderous children, shooting sprees, carjackings, etc. That is clearly hyperbole at best, fallacy at worst. Probably the worst. But I do think it's better that an 11 year old can't come and buy Modern Warfare 2 without parental consent.

Andy Chalk said:
Which sounds a lot to me like, "I don't understand it, therefore I fear it and seek to control it." Is this really the kind of political attitude you want to encourage and pander to?
Of course not. I was simply clarifying on behalf of The Random One, as you appeared to have misinterpreted his comment in the post you made where you quoted him. I hardly think it's "pandering", and "encouraging [ignorance]" to look into a new market, however. Else, you'd best be slamming down hard on Nintendo for their blasphemy with the Wii and DS in your next Needles.
 

Virgil

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Jun 13, 2002
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tsu-money said:
Look at the bright side: if this law goes into effect, there will probably be less homophobic racist screaming 13 year olds playing your favorite FPS game.
Unlikely, because the sale of these games is already checked for at most retailers, based on the ESRB ratings. The reason these kids get these games is typically because their parents (or other relatives) buy them and let them play, not because the retailers sell them to anyone.

Here's a comparison from December 2009, run by the FTC, of how easy it was for 13-16y/o purchasers to buy 'mature' media in various formats - lower is better:

M-rated Video Games: 20%
R-rated Movie Tickets: 28%
R-rated Movie DVDs: 54%
Unrated Movie DVDs: 58%
Explicit Content Music CDs: 72%
 

Andy Chalk

One Flag, One Fleet, One Cat
Nov 12, 2002
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Fenixius said:
If you actually read the full text of my post(s)
For the record, I tend to have very little interest in responding to messages that begin with the tired old "if you'd actually read my post."

I was simply clarifying on behalf of The Random One, as you appeared to have misinterpreted his comment in the post you made where you quoted him. I hardly think it's "pandering", and "encouraging [ignorance]" to look into a new market, however.
You said videogames aren't widely understood by "people of that age" and that game studios should therefore attempt to make more games that would appeal to them. That sounds very much like pandering to me, and furthermore, I don't see how it really addresses the issue since it would serve only to convince those same politicians that "normal" videogames are non-violent, family-friendly affairs and that M-rated titles are as deviant as they think.

And again, it's not relevant. Books, movies and music are protected by the First Amendment; regardless of how you may feel about that, it is a fact of law. So the question still stands: Why not videogames as well? Why are games being centered out for exclusion? Not what you think should be, but what is: Other media are protected, games are not. What's the justification?
 

Fenixius

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Feb 5, 2007
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Andy Chalk said:
And again, it's not relevant. Books, movies and music are protected by the First Amendment; regardless of how you may feel about that, it is a fact of law. So the question still stands: Why not videogames as well? Why are games being centered out for exclusion? Not what you think should be, but what is: Other media are protected, games are not. What's the justification?
I've not argued once that games should be regulated where other media should not.

Fenixius said:
Andy Chalk said:
Why is it okay to regulate videogames, but not movies, books, music or DVDs?
It's not. They should -all- be regulated[footnote]This is absolutely not an advocation of censorship: regulation and restriction do not involve the banning or outlawing of media; just its viewing by specific age groups.[/footnote].

...

As far as the pending Supreme Court challenge goes, you're dead on: games must not be regulated differently from other media. But I'm of the opinion that it should -all- be restricted to age-appropriate groups, not just opened up to anyone.
Fenixius said:
I should also point out that the Australian Classification Board does not just rate videogames with these same, legally-binding ratings: books, music, and movies/video content are all within the scope of the Australian Classification Board.
Fenixius said:
I suggested not that videogames be regulated, but -all- forms of media. Equally, without differentiation. You're absolutely right - videogames do not deserve a special treatment, for better or worse, compared to other forms of media.

As you can see, I've agreed with you on at least three occasions. If you're tired of posts beginning with "read my posts", well, I suggest you read what you're taking quotes out of context from.

Andy Chalk said:
I don't see how it really addresses the issue since it would serve only to convince those same politicians that "normal" videogames are non-violent, family-friendly affairs and that M-rated titles are as deviant as they think.
Then why don't they go after movies which are bloody and "deviant", also? Explain that to me, Mr Chalk.
 

DTWolfwood

Better than Vash!
Oct 20, 2009
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"I may not agree with what you say, but i'll defend to the death your right to say it!"

LONG LIVE THE FREEDOM OF SPEECH!

If the Justices have any inkling of how to interpret the first amendment, this should be an extremely short case!