US games industry braced for Schwarzenegger ruling

Tue 02 Nov 2010 2:51pm GMT / 10:51am EDT / 7:51am PDT
Politics

Violent games bill goes before Supreme Court today

The first oral arguments in the Schwarzenegger vs ESA case will be made to the US Supreme Court later today.

At stake is whether controls on the sale and rental of violent games to minors should be banned outright, with many industry figures fearful that the resulting 18+ certificate would result in retailers refusing to stock many titles.

Attempting to block this latest attempt by California to enforce the system nationwide are the Electronic Merchants Association and Entertainment Software Association, supported by numerous expert, consumer and industry coalitions.

Industry luminaries such as Activision boss Bobby Kotick have also spoken out against the act, claiming it would contravene First Amendment rights concerning freedom of speech.

The first hearing is due to occur at 5PM today UK time (1PM EST, 10AM PST, 12PM Central in the US).

12 Comments

Craig Burkey
Software Engineer

Call me misinformed but how is this different to the UK having the BBFC/PEGI 18 cert?

Posted:2 years ago

#1

Lewis Cook
Studying Computer Game Application Development

Dont see why a retailer would stock an 18 film with gratuitous scenes of torture and horror, and at the same time refuse to sell an 18 game. Seriously struggling to see the issue of stocking these games with a new rating system. Also clearly yes retailers should request ID for kids to buy games, but the reality is many, many underage children will be playing the latest GTA release every christmas etc because their parents BUY IT FOR THEM being ignorant of the fact that you can simulate sex with prostitutes in cars, or simply not caring..or the kid's friend will have it etc etc

Edited 1 times. Last edit by Lewis Cook on 2nd November 2010 3:16pm

Posted:2 years ago

#2

Am I the only one seeing the irony in what the Terminator is doing here?

Posted:2 years ago

#3

Lewis Cook
Studying Computer Game Application Development

No..i also thought it was pretty strange to see the old cybernetic chassis arguing against violence :) maybe since he had the factory chip wiped he learnt too many emotions...

Posted:2 years ago

#4

John Donnelly
Quality Assurance

Craig, to us who are used to the PEGI, BBFC etc ratings nothing.
We know 18 rated titles are marketed for adults.

The issue is that retailers like walmart hold such clout that if they choose not to stock a title it will harm sales in the US and they wont stock 'Adult material' even if alot of the movies are rated for adults.

Its a bit silly sounding but thats the way it is.

Posted:2 years ago

#5

Terence Gage
Freelance writer

Let's hope this is a swift and decisive victory for gaming. Better education for the parents is needed, fewer knee-jerk reactions and either Sony and Nintendo allow AO games to be released on their platforms or another rating comes into use below this which will enable consumers to differentiate between the content in games like Demon's Souls and God of War III. A few very simple changes would in my opinion make the whole rating system more effective, although at the end of the day parents need to take a bit more interest and responsibility in their children's hobbies.

Posted:2 years ago

#6

Alexandros Miaris
Studying Bachelor of Interactive Animation

I agree with Terence, that's how I see it too.

Edited 1 times. Last edit by Alexandros Miaris on 2nd November 2010 5:23pm

Posted:2 years ago

#7

Alfonso Sexto
LT Tester (Spanish)

Just a coment I read today in the online edition of "The Seattle Post":

"There is not one video game in my house that I have not allowed through
the door. Let me parent my kid. The courts shouldn't be in the parent
role."

That says it all.

Posted:2 years ago

#8

I honestly still don't see the problem. What is the proposed law about? Is it just to enforce shops not to sell 18+ games to kids?.

Posted:2 years ago

#9

I also think that by having an 18+ certificate, it actually should free creators to put adult content into games. For instance, we all heard the American controversy over Hot Coffee, the tabloids tried to stir things in the UK, but our pro gaming section of the media could fight back with, it is an 18 certified game, that can't legally be sold to kids, and if an adult bought a clearly labelled adult game for their kid, they have no right to complain that the game is unsuitable, they were warned.
I do understand the whole Walmart conundrum, which luckily we don't have over here, but I also think that certain major publisher bigwigs probably want 13 year olds to be able to by unsuitable games if it boosts their coffers.
If you want to argue the same rights as the film industry, maybe you have to accept the same restrictions.

Posted:2 years ago

#10

Tommy Thompson
Studying Artificial Intelligence (PhD)

The one issue with this ruling that most folk don't realise is not the introduction of the 18+ certificate, rather that it is being aimed specifically at the games industry.

Note that there is no other form of entertainment in the US that is enforced in such a manner. While guidelines certainly exist for film, music and printed media, there are at present very few laws in place to prevent sale of inappropriate content to minors. While no doubt such enforcement would be beneficial to families and retailers alike, there is a legitimate issue that it contravenes first amendment rights for just games.

It could, inadvertedly, become a political tool that allows further legislation against the games industry. Meanwhile, the film and music industry, who are just as guilty in many respects, remain unpunished. Sadly, the fact that games are still a taboo in political circles is perhaps one of the reasons that this could go through. Even worse, if a genuine attempt was made to enforce such policies across all forms of entertainment in the US, it would be shot down fast.

Posted:2 years ago

#11

Richard Foligno
Studying BSc Computer Games Development

Well if Schwarzenegger does succeed and 18+ games are removed from retailer shelves, how will this affect the content of games in the US Games industry? I wonder what kind of mainstream games will emerge after extreme violence and sex can't make money anymore.

Edited 1 times. Last edit by Richard Foligno on 2nd November 2010 11:53pm

Posted:2 years ago

#12

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