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Home | | Laws and Games

California Violent Game Bill Found Unconstitutional

The heavily discussed California violent game bill signed into law by Arnold Schwarzenegger has been found unconstitutional by a California district court.
The California state bill that would prevent violent video games from being sold to minors and establish a California-mandated game rating label system has been ruled unconstitutional by a district court -- as predicted last year by Game|Life and pretty much anyone with a brain.

Authored by assemblyman Leland Yee (now a state senator) and signed into law by Arnold Schwarzenegger, the bill would have made it illegal to sell games described as "violent" to anyone under the age of 18. It would also have required all such games to carry a label on the package with the number 18.
Game Politics has posted a PDF file showing the ruling. Game Politics also reports that California Governor Arnold Schwarzenegger isn't giving up on the bill and plans to appeal. A federal court blocked a similar California game law in 2005.


Posted on August 8, 2007
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ESRA Launches Video Game Voters Network

Video Game Voters NetworkPunch Jump reports that the ESRA has launched a political network targed at video gamers called the Video Game Voters Network.
The Entertainment Software Association on Monday announced the launch of a new political network for video game players called the Video Gamer Voters Network.

The website was created for American adults to take action on policy issues affecting the computer and video game industry.

"With over seventy bills to restrict game sales to minors already pending in state legislatures across the country this year, it's time for gamers to make their voices heard loudly and clearly, to let politicians know that they will no longer stand by and let games be the scapegoat for larger social problems," said ESA president Doug Lowenstein.

"Gamers can join together through the Video Game Voters Network to send a strong message to politicians to let them know that gamers care, that they vote, and that they will no longer tolerate these unconstitutional, unnecessary, and uninformed attacks on this important form of entertainment."
Dvorak Uncensored finds the idea humorous and posted an Xtreme Lobbying graphic. Penny Arcade made a cartoon based on the Video Game Voters Network. The downside for gamers that want little regulation of games is that it isn't going to be easy. Gamers and game developers probably aren't going to get much sympathy from parents that were angry that sex scenes were hidden inside a video game that was not rated Adults Only (AO) (see the Grand Theft Auto: San Andreas sex scence story from last year). This new network might be able to help keep any new regulations from going overboard.


Posted on March 21, 2006
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Federal Court Blocks California Video Game Law

EcommerceTimes.com reports that a federal court has blocked a California law that would have kept gamers under the age of 18 from renting and buying video games that were labeled as adult games.
The law, which California lawmakers passed and Gov. Arnold Schwarzenegger signed in October, would require that violent video games be sold with labels identifying them as suitable for those 18 and older, and would have allowed fines of up to US$1,000 against retailers who rented or sold those games to minors.

U.S. District Judge Ronald Whyte ruled that appeals against the law had a chance to prevail on free-speech grounds. Though the judge did find that at least one game, "Postal II," contained scenes that were "especially cruel and depraved," he said that didn't mean that the state should step in and stop them from being sold to certain individuals.
There will obviously be more attempts to create state laws that blocks sales of adult video games to minors. Senator Hillary Clinton has called for federal legislation.
In fact, U.S. Sen. Hillary Clinton recently said she plans to introduce federal legislation that would limit what type of businesses could sell mature- and adult-rated video games.

Such a bill would undoubtedly face both fierce lobbying from game developers and other niches of the entertainment industry, which might fear a spread of the attacks on video games to movies and other forms of media.
The point about other entertainment forms like films rising up to support games is interesting -- many games are already translated into movies and vice versa so there is already quite a bit of collaboration between the gaming industry and Hollywood.


Posted on December 26, 2005
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China Limits Online Game Play

China has imposed new restrictions on online video game play in the country. According to a news story on Xinhua, the Chinese government will run net-wide software that causes players that spend more than three hours gaming in a row to suffer damage to their characters.
Players that spend more than three hours online at a time will lose experience points and weapons in the cyber world.

Once a player has played for more than five consecutive hours, the system cuts the ability level of that player's character to the lowest level allowed by the game, often zero.

Players must take a two hour break before logging into the game again to avoid being penalized.

The new system will soon be adopted in all Chinese online games.
Currently the system is running for games like The Legend of Mir II, Westward Journey and World of Warcraft (WOW). It sounds alomst like AOL's old timer kill but on a larger scale. A WOW gamer interviewed in the Xinhua story said: "I am sure cheating programs that can make the system think we have logged off will soon be formed." That sounds very likely. (Via EEG News).


Posted on October 25, 2005
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More States Considering Game Bans

Wired reports that a violent game ban bill is headed to the California Assembly after being passed in the Assembly's arts committee. Wired reports that the bill will move to the state's Senate if it passes the full Assembly. Wired says the bill "allows for $1,000 fines for violators and requires violent video games to be labeled." Similar bills are also being considered in other states:
However, the $10 billion industry expects bills restricting game sales to pass this year in Illinois, Michigan and North Carolina. Two federal appellate courts have already ruled such laws violate the free speech guarantees of the First Amendment.


Posted on May 9, 2005
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New Tween Rating Category for Games

A new video game rating category, E10+ (Everyone 10 and older), has been introduced by the Entertainment Software Rating Board (ESRB), to help consumers differentiate between games that have content appropriate for the whole family and games that are suitable for ages 10 and older. Game titles that carry the E10+ rating might contain moderate amounts of cartoon, fantasy or mild violence, mild language and/or minimal suggestive themes. Games appropriate for all ages will continue to receive an E (Everyone) rating. ESRB ratings have two parts: rating symbols suggest age appropriateness for the game, and content descriptors which indicate elements in a game that may have triggered a particular rating and/or may be of interest or concern.

"The content of computer and video games continues to advance in terms of sophistication, complexity, and graphic quality," said Patricia Vance, president of ESRB. "Given this evolution, the new E10+ rating category will provide consumers, particularly parents, with more precise guidance on the age appropriateness of certain titles, fulfilling our goal of helping ensure that the right games are selected for their children and families."


Posted on March 4, 2005
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Illinois Governor Seeks Mature Game Ban

Illinois Governor Rod Blagojevich wants to make it illegal for video game retailers to sell violent and sexually explicit video games to teens under the age of 18. These games are already rated M for Mature, by the Entertainment Software Rating Board (ESRB), a provider of ratings for the game industry. An M rating means that games "have content that may be suitable for persons ages 17 and older. Titles in this category may contain mature sexual themes, more intense violence and/or strong language." This is similar to the "R" rating given to movies. But Blagojevich and supporters of similar sales bans argue that retailers are ignoring the ratings and selling sexually oriented and violent games to children. Blagojevich specifically named games like Doom 3, Manhunt and Rumble Rose as games teens 17 and under should not be allowed to buy. Under the current laws retailers are allowed to sell M-rated games to teens. The legislation proposed by Blagojeviceh would also require warning labels to be placed on M-rated games. Retailers would be fined if proper warnings about the games are not displayed and selling an M-rated game to a minor would be a Class A misdemeanor. If the legislation passes in January, 2005 Illinois will be the first State to ban the sales of M-rated games to minors.

More Coverage: NPR, MTV, MSNBC.com, Google News, IGN, Slashdot.org


Posted on December 17, 2004
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