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Salon on Video Games and Free Speech

EyesWideOpen writes: "There is an article at Salon that covers a U.S. District Judge's ruling that computer games don't deserve First Amendment protection. The ruling is in response to The Interactive Digital Software Association's request for the dismissal of an ordinance that requires parental consent before children under 17 can buy or play violent or sexually explicit video games. From the Salon article: 'From his ruling, [US District Judge] Limbaugh appears to believe that no amount of contextual information, or additional narrative, in a game is enough to make it a work of art or expression worthy of the name 'free speech.'' The judge's deliberations were based in part on his review of four games: 'Fear Effect,' 'Doom,' 'Mortal Kombat' and 'Resident Evil'."

282 comments

  1. first amendment by dirvish · · Score: 3, Informative

    You can deny access of violent games to underage people without violating the first amendment can't you?

    1. Re:first amendment by Aexia · · Score: 2, Informative

      Stores, like movies theatres, may deny access to minors. However, laws cannot mandate that they do so.

      Unfortunately, we're living in Amerikkka these days. Computer games? They're just funny pictures on a screen!

      And the judge's choice of games is particularly laughable. It's like judging the artistic content of the entire movie industry by the "standards" of Payback, Debbie Does Dallas and Armageddon.

    2. Re:first amendment by jratcliffe · · Score: 1

      Sure, laws can prohibit that stores deny access to minors! Car dealerships are prohibited from selling cars to persons under 18 (no right to contract), and gun dealers sure as heck can't just sell Glocks to any 13-year-old that walks in the door. We prohibit stores from engaging in transactions with minors all the time.

    3. Re:first amendment by cpt+kangarooski · · Score: 2

      Gah? Car dealerships can sell cars to anyone, AFAIK. They just don't WANT to because they can't enforce the contract against minors to the degree that they'd want to. (the minor can return the car for a refund, less wear and tear at any time prior to his majority, IIRC)

      I seem to recall a lot of minors in high school owning cars. Typically having to pay cash up front because no one wants to do business with them otherwise, but buying them all the same.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    4. Re:first amendment by dirvish · · Score: 1

      I would really prefer that there was no law, but as it is minors really don't have any rights and denying them access to some video games probably doesn't violate any laws.

      I disagree completely with the judge's ruling that video games don't deserve first amendment protection...that is ridiculous. Video games are unquestionably "a work of art or expression worthy of the name 'free speech.'".

    5. Re:first amendment by Anonymous Coward · · Score: 0

      Stores, like movies theatres, may deny access to minors. However, laws cannot mandate that they do so.
      >>>>>

      Tell that to the judge. Even so, it's not like there isn't precident for protecting minors from things a community deems "obscene" ... You cannot (legally) buy porn as a minor, right?

    6. Re:first amendment by Anonymous Coward · · Score: 0

      1. car dealerships can sell to anyone they plaease, but anyone under 18 is not obligated by any contract they sign, so unless they paid up front they probably wouldnt.

      2. selling guns and selling video games are 2 different things...not being able to buy a gun because you are under age does not restrict your free speech, it is a protection of society issue...i dont know of anyone being killed by a video game purchase (although i guess you could use the cd as a projectile and maime someone)

    7. Re:first amendment by martyn+s · · Score: 1

      Well, I think he's talking about the laws which apply to freedom of expression, and not the laws requiring a license to drive.

    8. Re:first amendment by bleckywelcky · · Score: 1


      Woa, you completely missed the point there buddy. We were talking about something covered under freedom of expression - porn movies. Last I heard, a car or gun was not covered under expression freedoms (setting aside the designer concepts of the car and such, we're talking pure functionality - maybe something with doors rusted through, etc).

    9. Re:first amendment by Sodium+Attack · · Score: 4, Informative
      It's amazing how many people make the following error:
      Observation: Minors do not enjoy the full rights that adults have.
      Non sequitur: Therefore, minors have no rights at all.
      Just FYI, in March 2001 the 7th U.S. Circut Court of Appeals ruled that the government could not deny access to violent video games to minors without violating the First Amendment.
      --

      Never take moderation advice from sigs, including this one.

    10. Re:first amendment by phriedom · · Score: 1

      That is exactly what the software company thought. After all, another federal court had already set the precedent that games ARE speech. They can still be regulated, but they deserve the protections of speech. In a surprise move, this particular judge decided that games are not speech. Which means they get no protection. Which means that if it feels like it, the city of Macon can decide that the Baptist church's womens auxilliary shall be a panel that decides what games can be sold inside the city limits of Macon, to anyone, adult or child.

      Those are the stakes.

      --
      Don't moderate flamebait as Troll. Know the difference or you will be Meta-moderated.
    11. Re:first amendment by Silver+Rose · · Score: 1

      As far as I am aware, there is exactly 1 right which the constitution does not explicitly grant to minors. That is the right to vote. ALL OTHER CONSTITUTIONAL RIGHTS have been upheld (or never challenged) by the courts. Minors have the right to free speech. People do not suddenly gain the right to speak their minds on their 18th birthday.

      Of interest to you migh be the vast number of court decisions upholding that minors can say anything they want in school, as long as it "does not disrupt the classroom environment." And teachers often are prevented from joining them in their statements in order to keep their jobs (which is legal). So, in such a case, minors actually have MORE rights than adults in the same place.

    12. Re:first amendment by Paradise+Pete · · Score: 1
      Car dealerships are prohibited from selling cars to persons under 18 (no right to contract)

      I don't know where you're posting from, but in the U.S. minors have greater contract rights than adults. They can back out of most deals, but the adult on the other side cannot. Dealers don't sell to them because it tends not to work to very well, not because they can't.

    13. Re:first amendment by Happy+go+Lucky · · Score: 1
      As far as I am aware, there is exactly 1 right which the constitution does not explicitly grant to minors. That is the right to vote. ALL OTHER CONSTITUTIONAL RIGHTS have been upheld (or never challenged) by the courts. Minors have the right to free speech. People do not suddenly gain the right to speak their minds on their 18th birthday.

      More than one:

      Minors do not have the right to jury trials except when being tried as an adult.

      Minors do not have the right to possess firearms.

      Minors cannot legally exercise ownership of property. The parent may be holding some item in trust for a minor, but that just means there's an obligation to the minor to be carried out at some point in the future.

      Minors do not have the right to travel at will. Just ask the parents.

      Minors only have limited rights to make medical decisions for themselves.

      Minors may not always have the right to testify in court. The usual rule is that any competent person with relevant information can be a witness, but it's a lot easier to suppress a minor's testimony as incompetent.

      Hell, haven't you ever even HEARD of status offenses? What are they teaching in US Civics classes these days?

      Note for non-US and non-educated US readers: A status offense is an act that is perfectly legal when committed by an adult, but illegal when committed by a minor. Alcohol/tobacco possession, glue-sniffing, curfew violation, runaways, and firearms possession are all examples.

    14. Re:first amendment by WatertonMan · · Score: 1

      Second amendment vs. First amendment. Why is one fine to limit while the other isn't? The fact is that *all* our rights can be regulated somewhat, so long as our basic rights aren't eliminated. Thus it is legal to restrict sawed off shotguns and various extreme forms of pornography. Now with the videogames, I think that some limits are fine (just as with any right) so long as law abiding citizens are able to exercise their basic right. The idea that our rights ought to have no limits at all seems difficult to sustain. And if you do take that position (say with the 1st ammendment) for consistency you really have to apply it to all.

    15. Re:first amendment by Fig,+formerly+A.C. · · Score: 1

      Did you read his post? He was talking about rights explicitly denied by the Constitution. That means rights the Constitution denys to minors, and there is only one. .. At no point does it mention ANYTHING about ages to own a gun, speak freely, or any of the rest of your points. Your points are covered by LAWS, not the Constitution. Get it?

      --
      Murphy was an optimist.
    16. Re:first amendment by HiThere · · Score: 2

      No. But you can deny arbitrary materials to minors (for their own good) without violating the probably legal interpretation of the first amendment.

      The first amendment says you can't restrict free speech. It doesn't say anything about minors. That was added by the preachers and the lawyers.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    17. Re:first amendment by Happy+go+Lucky · · Score: 1
      Did you read his post? He was talking about rights explicitly denied by the Constitution. That means rights the Constitution denys to minors, and there is only one. .. At no point does it mention ANYTHING about ages to own a gun, speak freely, or any of the rest of your points. Your points are covered by LAWS, not the Constitution. Get it?

      Did he (or anyone) read the Constitution?

      It doesn't explicitly deny ANYONE the right to vote. It says that the right to vote shall not be denied on the basis of age, to any person 18 or older.

      Important difference there. That leaves it open for a state to open the franchise to high schoolers. Just like a state could allow the vote by black people or women prior to the passage of those relevant amendments. Few did, but it was legal.

      But since he wasn't talking about anything actually in the Constitution, I didn't think this thread was about the Constitution.

    18. Re:first amendment by Fig,+formerly+A.C. · · Score: 1

      Agreed, you have a point. It does not explicitly grant the right, and that's not what I said. I've read the Constitution (or rather a transcript of it), and I just got lost in semantics on this one. But I still take issue with the first post, since we changed from Constitution/Amendments to Laws.... :-)

      --
      Murphy was an optimist.
  2. Let the whining begin! by The+Turd+Report · · Score: 0

    Start bitching about how this means that no one will be able to buy Tetris if this is alloewd to happen below.

  3. nice picks by Kunta+Kinte · · Score: 5, Funny
    'Fear Effect,' 'Doom,' 'Mortal Kombat' and 'Resident Evil'.

    with that list I'm suprised he didn't make video games illegal.

    --
    Based on upvotes, Ageism is the only "-ism" Slashdotters care about and think isn't SJW
    1. Re:nice picks by Anonymous Coward · · Score: 0

      It wasn't even Resident Evil. Hell, he might have actually enjoyed the horrible dialogue in them (ie, the Jill sandwich line).

      It was "The Resident of Evil Creek", which just sounds like it belongs on the Wall Of Shame with Extreme Paintbrawl and Daikatana.

      No wonder he ruled against them with games like that. They should have sat him down with games like Final Fantasy VI, Klonoa, Xenogears, Metal Gear Solid 2, Shenmue, etc. Maybe if he saw a game with a STORY and not just a "blood, kill, blood, kill, repeat 50 times" game, he might have thought otherwise.

      Afterall, its not like we judge every movie we see based on the "Texas Chainsaw Massacre"...

    2. Re:nice picks by zaffir · · Score: 1

      I wouldn't be surprised if the people who were pushing for this ruling were the ones who picked the games for him to see.

      --
      "Upon attaching the waterblock to my penis, I began to notice that I know nothing about computers." -- JRockway
    3. Re:nice picks by Babbster · · Score: 1
      Anyone with the background to evaluate video games ought to know that Doom and Resident Evil are in fact artistic works, at least in the same sense that Jason X and Evil Dead are artistic works. Doom (preaching to the choir) was a pioneer in first-person immersion in a fantasy world (which happened to to involve killing everything you see) and Resident Evil set a standard in terms of the art of the graphics combined with the immersion techniques of the cameras, lighting and storyline.

      Really, though, I wouldn't worry too much about this kind of ruling. It's the kind of thing a rogue judge does to get headlines, knowing full well that it will be overturned on appeal. Given that video games involve the production of art, story, music, etc., they easily fall under any reasonable person's definition of speech, and despite their majority conservative bent, the current Supreme Court has proven many times that it is reasonable.

      -Aaron

    4. Re:nice picks by Canis+of+Ithaca · · Score: 1

      What storyline? How can you even justify using the term "storyline" in relation to Doom and Resident Evil? That aside, both of those games were revolutionary from a technical perspective and kicked up the level of purely visceral immersion in games, but that does not make them works of art. They were tremendous feats of technical skill, but not artistic works. There's a big difference.

      Furthermore, Jason X is NOT an artistic work. It's a hollywood formula married to a long-running and dreadfully fallen series. And, as much as I appreciate it personally, Evil Dead is not art, either. It's a masterpiece of kitsch with some ironic parody, but not sufficient to raise it to the level of being art.

      The fact that those four things could be seriously labeled as "art" makes me question the validity of modern culture. As a species, maybe we should put all our sharp sticks down before we hurt ourselves.

    5. Re:nice picks by Babbster · · Score: 1
      You're welcome to your narrow views regarding art. I expect that there are a lot of people out there who share them. Perhaps you and the judge in the article can get together and start laying down some rock-solid definitions of what is art and what is not.

      "Neither a work of nature nor one of art we get to know when they have been finished; we must surprise them in the process of being created so as to understand them to some degree." --Johann Wolfgang Von Goethe (1749-1832)

  4. Game selection by delphin42 · · Score: 4, Interesting

    Who picked the games for the court to review? Mortal Kombat and Resident Evil? How about Final Fantasy X (or just about any other RPG)? Black and White and Medal of Honor were mentioned in the review, but there are tons of games with a lot more content than Mortal Kombat.

    --
    -- Adam
    1. Re:Game selection by kpansky · · Score: 1

      From the looks of it, a rather narrow cross-section of games were taken in order to ensure a victory. If you just selected pornographic movies and "Slaughterhouse", presented them before a judge and asked, "Should these be protected as free speech as guaranteed by the first amendment?" the judge would most likely respond negatively since they have very little redeeming qualities.

      However, if you also placed movies like "Schindler's List" or any other movie that obviously does contain content that is easily recognized as protected speech in the sampling as well, the judge would be compelled to answer affirmatively.

      This seems to be case that was decided on too narrow a sampling to be applied broadly without impeding on the usage of first amendment rights. It wont set a precedent by being upheld on appeal (as long as the defense doesn't screw the pooch).

      --

      --Kevin
    2. Re:Game selection by sketerpot · · Score: 2, Insightful

      And how about the super nintendo game "evo"? It is based loosely on the theory of evolution. What if some creationists decided that it was a bad influence on kids and said, "Well, since this game isn't covered by the first amendment, let's ban it!"

    3. Re:Game selection by Phronesis · · Score: 1
      It's the plaintiff and the respondant who choose what evidence to present in court. Presumably IDA could have chosen examples such as those mentioned in the Salon article, but chose not to.

      It's easy to blame the judge, but he can only rule on the evidence presented in court. From the opinion:

      The only video games given to the Court were those presented by defendants, and the Court simply did not find the "extensive plot and character development" referred to by the plaintiffs in the games it viewed. For all of these reasons, the Court finds that plaintiffs failed to meet their burden of showing that video games are a protected form of speech under the First Amendment.
      It would simply be improper for an appellate judge to go out and introduce on his own initiative evidence not submitted by the parties to the original trial (and thus not subjected to review and rebuttal by those parties.)
    4. Re:Game selection by arkanes · · Score: 2

      It's even more improper for him to make a blanket ruling that games are not protected speech based on these games - this smells to me like he has his own agenda. He wants to be able to regulate these games, but doesn't think he can if they are speech, so he simply sidesteps any first amendment issue by declaring that ALL games are not speech. I have an amazingly hard time believing that a case about the free speech protection of video games in general had only 4 games introduced as evidence, and all of them notoriously violent. I wonder if they tried to submit more, but weren't permitted (perhaps because other games weren't relevant).

    5. Re:Game selection by Phronesis · · Score: 1
      It's even more improper for him to make a blanket ruling that games are not protected speech based on these games

      He didn't make a blanket ruling that games are not protected speech. Rather, he ruled that based on the arguments presented to the court, the plaintiff failed to demonstrate that they are protected speech. This leaves room for the court to revisit the issue in another trial, but if the plaintiff wants to argue that video games are speech, and thus different from games such as BINGO, it needs to demonstrate this to the judge.

      It's also worth remembering that the question at issue here was whether the games were so clearly protected speech as to justify summary judgment. There was nothing in the appellate ruling to prevent the trial court from ruling that the games were protected speech, based on the details of the specific games at issue.

      The problem was that IDA simply failed to put a good argument together. As the Salon article notes, IDA failed to present any real case, neglected to present the judge with games that demonstrate expression of ideas (and hence constitute protected speech), etc.

  5. If you've ever played a _Resident Evil_ game... by Anonymous Coward · · Score: 0

    ... you need to read fridays Penny Arcade. Its about time someone started thinking of the "prior to zombie infestation time" on resident evil games (or any kind of game that requires odd keys and combinations to move around). Think about it. The lab in which the infestation starts happens to be the one in the deepest part of the installation that requires finding keys scattered all over the base, and, if you worked in that lab, you'd have to leave for work 2 hours early to get all the keys to get in. Honestly, what kind of scientist would put up with such an overly secure work environment? What if something goes wrong? Get out? Hardly!!
    Well, I guess that would explain why the infestation started in that lab. No one had enough time to get out, nor had enough time to get in there to destroy it before it got out of control. I'd think that if I had a lab that ran overly exotic and extremely dangerous experiments under the radar of the local government, I'd use a little more planning....

    1. Re:If you've ever played a _Resident Evil_ game... by cpt+kangarooski · · Score: 1

      Yeah, this was a complaint that my friends and I used to have about Marathon on the Mac back in the mid-90's. Buttons would be placed on pillars and would _have_ to be _shot_ from afar just to be triggered.

      We joked about people not wanting to go to use the fax machine because it would involve jumping around in hard vacuum, shooting and switches and avoiding pools of molten metal that didn't even have goddamn safety rails.

      I don't really buy that they're necessary elements for an interesting game. Max Payne had a fairly realistic environment and was alright. OTOH, I remember OSHA being a deadly villain in Hard Hat Mack ;)

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  6. Just another repeat, folks. by Anonymous Coward · · Score: 0

    Move on. Nothing (new) to see here.

  7. Did he talk to any "game-literate" people? by ColGraff · · Score: 4, Interesting

    If this judge had reviewed, say, System Shock 2, or even Half-Life, he might have had a higher opinion of computer gaming. Heck, even Starcraft would have gone a long way towards convincing the judge that games can be as legitimate a story-telling format as any book, and should be entitled to the same rights. So where did he get the idea to review these specific games?

    --
    I'm the stranger...posting to /.
    1. Re:Did he talk to any "game-literate" people? by FortKnox · · Score: 1

      ...that games can be as legitimate a story-telling format as any book

      How true this is!
      Honestly, take a "choose your own adventure" book to the extreme, change the medium, and you have video games.

      --
      Good quote, too many chars. Seriously, the slashdot 120 char limit sucks!
    2. Re:Did he talk to any "game-literate" people? by Aexia · · Score: 3, Informative

      So where did he get the idea to review these specific games?

      The four games were on a tape of excerpts submitted by the county of St. Louis(which passed the law). So it's likely all redeeming elements were excised so as to make the games appear as horrible as possible.

      I think it's highly questionable he "reviewed" or briefly played the games at all. He couldn't even get the names of the games correctly. "Resident of Evil Creek"? It'd almost be laughable if this wasn't such an important issue.

    3. Re:Did he talk to any "game-literate" people? by Wise+Dragon · · Score: 2

      The county gave him those games because those are the games they want to censor.

      And frankly, this ruling isn't all that important. It's certain not to last more than a few years in today's political climate.

      It should, however, be a wake-up call to game developers. How about less gratuitous violence and more plot? How about more social commentary?

    4. Re:Did he talk to any "game-literate" people? by Phronesis · · Score: 1
      The four games were on a tape of excerpts submitted by the county of St. Louis(which passed the law). So it's likely all redeeming elements were excised so as to make the games appear as horrible as possible.

      Actually, if you read the ruling, the four games were submitted by the plaintiff, Interactive Digital Arts. Theses were the games chosen by IDA as the best examples to prove that video games are protected speech. The problem is that the folks at IDA rotted their brains playing too many video games and forgot how to make a persuasive argument.

    5. Re:Did he talk to any "game-literate" people? by Fulcrum+of+Evil · · Score: 2

      It should, however, be a wake-up call to game developers.

      What? 'Hey guys, there are nutballs that want to make what you're doing illegal'. It's not like there isn't some group that wants to make just about anything illegal, right?

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  8. Let me guess.. by Disevidence · · Score: 2, Funny

    The Judge's first name was Rush?

    --
    Think nothing is impossible? Try slamming a revolving door.
    1. Re:Let me guess.. by Zonekeeper · · Score: 0

      Oh do NOT go there. Just DON'T.

    2. Re:Let me guess.. by malibucreek · · Score: 2

      Actuall, the judge is Rush's brother, I believe. The Limbaughs have been a prominent family in Missouri for some time. It's where Rush spent his early years, on the dole, divorcing wives.

      Gee, I consider Rush's show offensive and without social merit--does that mean Rush has no First Amendment rights, too?

      --

      Why is it called COMMON sense when so few people have it?

    3. Re:Let me guess.. by einstein · · Score: 2

      nope, but they are cousins. seriously.
      ---

    4. Re:Let me guess.. by Kheldarstl · · Score: 2, Informative

      No Actually Stephen, Rush's uncle

      http://rosecity.net/rush/rushtour.html#briefs

      And to quote from the above website...

      "Rush's uncle, Stephen N. Limbaugh, Sr. is a federal judge appointed by Ronald Reagan and his first cousin, Stephen N. Limbaugh, Jr. sits on the Missouri Supreme Court."
      The Judge in this article is Stephen Limbaugh Sr.

    5. Re:Let me guess.. by Schrodinger's+Mouse · · Score: 1

      "The Judge in this article is Stephen Limbaugh Sr."

      As the article quite clearly states, in the attribution for a lead quote. But then, we all know that karmalust blinds even the wisest slashdotter.

      OT: If the case was heard and the ruling issued at the Eagleton Federal Courthouse in downtown STL, then it was all done in a building that looks like a gigantic penis. (It's most phallic from either directly north or directly south.)

      --

      *****

      There are many people in this country who, through no fault of their own, are sane.

    6. Re:Let me guess.. by Anonymous Coward · · Score: 0

      Rush is an idiot. But it's not a right wing thing. Just imagine if Tipper was sitting behind the bench.

  9. Planescape: Torment by eddy · · Score: 2

    Beyond IF, this title alone should be able to shoot down insane rulings like this one.

    --
    Belief is the currency of delusion.
  10. Not just RE by Anonymous Coward · · Score: 0

    That's a problem in most games out there today. It comes from two different forces duking it out during the design of the game itself, realism and playability. Like the invisible hand pushes supply and demand around in economic thought, the game developer must push the point between those two competing forces.

    Every time I, or someone I know, works on a game we see those tradeoffs. Sure, you could require the character to pee after drinking, with stat drops if they hold it for too long... but that sucks away playability. Sure, you could require them to drink in the first place, but who wants to deal with finding food and water all the time? Notice how most RPG's dropped that, while that was the standard in the 80's. Most RPG's now have food be an extra health bonus, like the fighting games from the 80's.

    If we want to take this to an extreme, look at death. Most games give the player 'lives', while some really do make you restore from a saved game if you die. Some games allow you to take a few bullets before you die, while others such as Rainbow Six drop you after a well-placed bullet to the head, hero or not.

    So do you set up the secret underground research facility as realistic running system with all the details that not every player will appriciate, or do you scatter keys about in an unrealistic fashion to create tension and challenge for the player?

  11. Hon shong tr011 by Anonymous Coward · · Score: 0



    Tr011 Tr011 Tr011 S*x

  12. Devil's Advocate by Telastyn · · Score: 2

    Perhaps the judge merely meant/intended by law that games should not explicitly get free speech protection just because they are games. The 4 games listed are pretty thin on plot, storyline and certain types of artistry. The artistry that is shown isn't speech so much as trademarkable/copyrightable "feel" and characters.

    He also might believe simply that the speech of games is irrelevant to *his case*. After all, people are free to film porn, but are not free to display it on network TV (in america) or even sell it to minors (in america).

    IMO I hope this is struck down with great prejudice by higher courts, as IMO the above mentioned limiting vs minors does as much harm as help and it would be foolish to carry that to more genres.

  13. Lack of Knowledge by Apreche · · Score: 5, Insightful

    removes your right to judge. I mean seriously. If you aren't an expert or at least very knowledgeable about literature you really don't have a right to say which books are better than others. I'm not saying that you don't have the right to an opinion and a right to voice that opinion. What I'm saying is that if you aren't knowledgeable about something, then your judgement isn't valid.
    This is why we are having such trouble with laws regarding software, video games, etc. The lawyers, judges, and other people with the power to make decisions aren't knowledgeable enough to make well informed decisions. I mean you got a guy who play 4 very violent games with an extreme lack of plot and then decided games weren't art. Try getting a judge who's played games since he was 2. Someone who knows. When people who were alive before computers retire and the next generation comes into power I'm sure we wont have these stupid problems anymore, because people with power to decide will be more knowledgeable.

    I would also like to see if this judge would make the same decision after playing through Final Fantasy 6 or Chrono Trigger.

    --
    The GeekNights podcast is going strong. Listen!
    1. Re:Lack of Knowledge by guttentag · · Score: 5, Insightful
      Lack of Knowledge removes your right to judge.
      No, lack of knowledge removes your competency to judge, but the right to judge is endowed by the person who appoints judges. In the case of federal judges, that person is the President, who traditionally decides based on the official recommendations of the American Bar Association. Bush broke this tradition, so we have no idea who influences his appointments (Enron? MS? Some other campaign contributor?). Is it any wonder the Senate has refused to confirm 100 of Bush's federal judiciary appointments?

      This post is not off-topic -- I'm pointing out that there is no divine moral right to judge, the right is assigned by one of the most conveniently priced-to-own men in America.

    2. Re:Lack of Knowledge by Anonymous Coward · · Score: 0

      this is not a troll, fuckwits.

    3. Re:Lack of Knowledge by Stonehand · · Score: 1

      It doesn't take an expert to judge "War and Peace" or "A Canticle for Leibowitz" as better than, say, random bodice-rippers, or that "Red Mars" has far less cheesy writing than "Battlefield Earth", or even to note that "Snow Crash" has a tigher plot than "Cryptonomicon" (which appears to feature a completely unexplained resurrection, for instance).

      --
      Only the dead have seen the end of war.
    4. Re:Lack of Knowledge by Pseudonym · · Score: 2

      I heartily disagree. Judges cannot be expected to be experts on everything.

      What indicates your lack of competency as a judge is refusal to take into account the opinions of those who do know. For example, a judge might not believe that code is expressive based on the opinion of a teenager from Norway, but when the likes of Andrew Appel and Dave Touretzky concur...

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    5. Re:Lack of Knowledge by raddan · · Score: 1

      Except that judges, and legal workers in general, *are* very knowledgable about "free speech", and the legal and political histories of free speech. Knowing the minutae of programming will not make a legal worker a better judge of free speech in the context of video games, just as having an intimate knowledge of cars will not make a legal worker a better judge of liability.

      If you are angry that the law has come down on the side of regulation, you should at least be assured that the conditions of such regulation have been clarified to some degree, *and*, I might add, rather favorably for video games. Considering that a regulatory regime already exists for video games, I don't see this changing much. And given that violent and sexually explicit video games are a large (and established) commodity, I don't see any danger of them disappearing altogether anytime soon.

    6. Re:Lack of Knowledge by Darth_Burrito · · Score: 2

      The lawyers, judges, and other people with the power to make decisions aren't knowledgeable enough to make well informed decisions.

      I agree with your point, however, you've got to admit it is hard to find someone who is qualified to judge/try/defend technology cases. As you say, most judges and lawyers are not familiar enough with the details. At the same time, most tech people are completely unqualified to handle any sort of complicated legal matter.

      When people who were alive before computers retire and the next generation comes into power I'm sure we wont have these stupid problems anymore, because people with power to decide will be more knowledgeable.

      I'm sure we'll have a new set of problems by then which our generation won't understand. Think of these old uninformed judges as brakes that help ease society's technology growing pains. If a ruling is truly unfair,hopefully it will be overturned a few years down the road.

    7. Re:Lack of Knowledge by Bios_Hakr · · Score: 2

      I heartily disagree. Judges cannot be expected to be experts on everything.

      However, you can, at the state level at least, have one judge who is an expert on 3 or 4 things. Maybe have a judge that knows about IT, copyright, and trademarking. Have another that knows a lot about automotive systems, personal property, and medical systems. If you have a problem with your ISP, it gets routed to the IT judge. If you have a problem with excessive exaust noise on your car, the automotive judge.

      A better aproach would be having a registered comment period once a lawsuit was filed. You get sued because of something on your web site. The complaint gets published on a Kuro5hin like site under Tech/Web. People in the area covered by the suit who are working in the tech industry can then post comments and rate the validity of the suit. If the suit is deemed invalid by your peers, then it would never survive a jury trial. Therefore, it would be a waste of money for the suit to proceed.

      The access list for the site could be based on the *.us domains. You bring a suit in California state court, everyone in *.ca.us can comment on the suit. If it involves violation of the building codes, then people who register as working in the construction industry would be able to comment.

      --
      I'd rather you do it wrong, than for me to have to do it at all.
    8. Re:Lack of Knowledge by Random+Man · · Score: 1

      I agree - what was needed here was for someone to educate the court the same way Touretzky educated the court in the DeCSS case.

      Games like the original Balance of Power or Myst, along with the critical accolades they received, make a stronger case for artistic merit than FragFest 99 to the gaming novice.

      We are in a bit of a game design and gameplay slump these days, thanks to the complete dominance of graphics. But even when the field matures you can expect that for every "highbrow" game there will be 10 "lowbrow" games that satisfy more visceral urges. This is true for film today - mass market films with reflexive plots, wooden acting, and stereotype dialogue dominate over intelligent, thoughtful art pieces. But that mirrors the general cross-section of the audience, so it's a good thing...

    9. Re:Lack of Knowledge by qurk · · Score: 1

      Hear hear. There were what 2000 snes games, 1000 nes games, maybe 500 turbo games, 1000 or more genesis games and based on 4 violent games a judge thinks he can say that video games aren't speach? That fact in itself makes me sick as I think the art, gameplay, control, and other facets of the games are way creative and to say they aren't art or free speech is holding your hand up and saying nods I am being paid by special interests. Hi judge, why the hell can't I smoke a marijuana joint in my home without being branded a criminal? You hipocritical bastard.

    10. Re:Lack of Knowledge by Merlin42 · · Score: 1

      Hmm very interesting.

      So basically you are suggesting a sophisticated grand jury, but for civil cases.

      The only problem I see is that "The Powers That Be" would (for good reason) want this to work 100%, and of course perfect geographic net filtering is only a pipe dream. It might be more interesting to set up a system more like how journal articles are peer reviewed.

    11. Re:Lack of Knowledge by CantGetAUserName · · Score: 1

      So what do you do when you get the one judge knowledgeable about IP...and they're biased?

      Arse...need a new sig

      --
      Semper en excreta sumus solum profundum
    12. Re:Lack of Knowledge by Grab · · Score: 2

      No way. Reality: lack of knowledge removes your right to make a decision yourself with no external help.

      Which is what happened. This guy said to the game manufacturer, "I don't know enough about computer games to say whether they have plot and depth. Find me some computer games which you think have depth, and explain to me why they have depth, and I'll make a decision based on that." So the dumb asses went and dug out the four LEAST depth-full games and went and showed them to him, and he quite rightly said, "Those games suck. You lose." This is ENTIRELY the fault of the manufacturer.

      The judge can ONLY make decisions based on what he's told in court. In fact, if he has a deep interest in the subject under trial, he MUST NOT judge the case and must recuse himself, in the same way that a judge with a deep interest in environmental issues must recuse himself from a dispute between Greenpeace and Exxon, for instance. If he didn't, the appeal court would toss the case out in 5 minutes flat. The judge must be impartial, and that means forcing each side to make their case.

      We will still have this happening in the future, for the same reason that we still have film classifications. The difference will be that the games manufacturers will start doing as the film industry does, submitting copies to the classification board for comments and reworking/editting accordingly. When the games manufacturers get their fingers out of their asses and realise that game classification is going to happen and they need to think about how to target their games, this'll stop being an issue.

      Grab.

    13. Re:Lack of Knowledge by qurk · · Score: 1

      Apology for lack of logic in last post had a bit too much beer to head hehe.

  14. not so by Lord+Omlette · · Score: 2

    It was "Resident of Evil Creek". Get it right.

    --
    [o]_O
  15. I've seen this judge in person by Anonymous Coward · · Score: 0

    And he is indeed related to Rush Limbaugh. The judge is Der Fuhrer's cousin or something. He gave a lecture at this "Good Government Day" event they had in Jeff City. It was sinister and nerdy all at once, much like all lawyers.

  16. Fair and well informed by shawnmelliott · · Score: 5, Insightful

    I personally believe the judge was fair and informed. This can be seen by his
    A. Wrong use of 2 of the titles
    "Mortal Combat" and "Resident of Evil Creek"
    B. Only looked at 4 titles.

    The judge didn't play the games. He was shown video clips ( More likely to be the gory ones such as a MK Fatality ) and of the games he did see all 4 were basically the Gory ones in the industry. He didn't see Final Fantasy. He didn't see Metal of Honor. He didn't see any of the other more robust and story/plot/idealistic driven games.

    This is similar to judging all movies value as Free Speech based on
    Nightmare on Elm St.
    Halloween
    Friday the 13th
    Texas Chainsaw Massacre

    Anybody can see how ridiculous a judgement based on such a small set of evidence is. However, I do believe that the Gaming industry should have done a better job. Why didn't he see anything else?!? Why did he only see the "plots" of specific games and not a showing of those games themselves including cut-scenes. gameplay and the likes?

    1. Re:Fair and well informed by DukeToma · · Score: 1

      "This is similar to judging all movies value as Free Speech based on Nightmare on Elm St. Halloween Friday the 13th Texas Chainsaw Massacre" Yes, and those 4 movies all are censored to underaged viewers just as violent video games ought to be. Brian

    2. Re:Fair and well informed by Anonymous Coward · · Score: 0

      They're not censored by the government. Theaters/Video Stores could let children see them if they wanted to, and the only reprecussions they would suffer would be on the public relations front.

    3. Re:Fair and well informed by Anonymous Coward · · Score: 0

      Anybody can see how ridiculous a judgement based on such a small set of evidence is. However, I do believe that the Gaming industry should have done a better job. Why didn't he see anything else?!? Why did he only see the "plots" of specific games and not a showing of those games themselves including cut-scenes. gameplay and the likes?

      Perhaps because someone, anyone, from the "gaming industry" wasn't invited to speak and didn't even know about this?

      Isn't this how politics usually works? You decide something that noone knowns about, and when it finally becomes public knowledge it's to late. Isn't this what the US'ian kind of democracy is about?!

    4. Re:Fair and well informed by Anonymous Coward · · Score: 0

      No, it's similar to judging the value of all movies as free speech based on:

      Nightmare on Elm St.
      Halloween
      Saturday the 9th
      The Saws that Chained up Arkansas

  17. The judge missed key things that make it ART by Kymermosst · · Score: 2

    The level design, the method of expression, the ambience portrayed, the textures that make it realistic. The levels in say... Doom, are akin to sculpture. Each one is the product of creative process.

    That makes it art, and therefore freely expressable.

    However... limiting access to kids under 17... we already limit alcohol, cigarettes, porno mags, music, voting, etc. If anything, sometimes this is warranted. Most kids could get their parents to buy one of those games, anyway.

    --
    "Alcohol, Tobacco, Firearms, and Explosives" should be a convenience store, not a government agency.
    1. Re:The judge missed key things that make it ART by martyn+s · · Score: 1

      Anyone can buy *any* music. Alcohol and cigarettes are not speech. Porn is not a protected form of speech. That's pretty much the whole point of this discussion: "should violent video games be put in the same catergory as porn, when violence has never been established by the court as "obscene," an important criterion for labeling something as being a non-protected form of speech. Are you saying that just because porn is not a protected form of speech it's okay to put anything in that catergory?

    2. Re:The judge missed key things that make it ART by Frobnicator · · Score: 1
      People argue that porn is art. We limit access to that.

      As you said, we limit porn, music, and other art. This kind of law (like those of porn and smoking) are there to protect most of us parents who don't want our kids getting into those things. If the parents want to, they can buy the games and let the kids play. They can buy cigarettes and let the kids smoke, they can buy the porn and let it sit around the house.

      The law sounds reasonable to me. Let the kid's parents look at it, if they are not the age of majority.

      --
      //TODO: Think of witty sig statement
    3. Re:The judge missed key things that make it ART by Kymermosst · · Score: 2

      And my whole point is that we limit all kinds of things to minors already, not necessarily speech.

      The right to vote is certainly a limitation on free speech when it is denied, as it is.

      As far as "anyone can buy *any* music" well, not here... if it's got a parental warning sticker, good luck buying it if you are under 17. I don't know if it's industry-voluntary or local law, but you can't.

      --
      "Alcohol, Tobacco, Firearms, and Explosives" should be a convenience store, not a government agency.
    4. Re:The judge missed key things that make it ART by martyn+s · · Score: 1

      Okay, first of all, as far as I know you can buy music with the label no matter how old you are. I remember not having a problem when I was younger. But let's just assume you're right: there's a huge difference between a law that limits speech and just plain corporate policy. There is no precedent for the goverment restricting things commonly viewed as speech, and is also not technically obscene. So my point: sure you can limit a lot of things, like alcohol or cigarettes, but speech is very different, and will not likely be held up on appeal.

    5. Re:The judge missed key things that make it ART by Methuseus · · Score: 1

      The only reason that minors can't buy music with a certain label is enforced totally by the vendors, it's not a law at all (except maybe in a backwater town). Porn is only regulated because enough people see it as an obscenity that it can all be lumped together. However, games are like movies, some may be porn while others are a different area. To lump them all in the same category should be seen as wrong by so many people, but the judge doesn't see that and his decision will be overturned in the coming years.

      --
      Two things are infinite: the universe and human stupidity, though I'm not yet sure about the universe. - A Einstein
  18. Games not art? by Anonymous Coward · · Score: 0

    Tell that to the art team....

    Every good game has an art team.

  19. Video Games and children's books by Anonymous Coward · · Score: 0

    If anyone ever remembers the old choose your own adventure books they will find that video games are similar, just they happen to be more interactive with pictures and sound. They happen to be children's books which also are forms of free speach.

    So does that mean if I make an interactive game/book it isn't a form of free speach, even if it just about Spot and how he can run, jump, play, mow down thousands of evil super nazis from the world Zenarkdjoijfe 13?

  20. People who don't get it... by Anonymous Coward · · Score: 0

    This kind of thing really annoys me. A ruling by a guy who has, in all likelyhood never played a video game in his life. He probably thinks that kids should all play baseball, listen to the adventures of the green hornet on the radio, and read a good book for entertainment, like kids did in his day. Except it's not his day any more and he's really pissed off.

    Dont get me wrong, I enjoy playing all forms of sports, and I spend way too much money on books, but I also grew up playing video games, and I'm not going to stop. Maybe instead of banning the video games, we need to get the parents to smarten up a bit. I think if parents took a little more responsibility and interest in what their kids are doing, then a lot of these dumb problems would solve themselves. Video game makes (for the most part) clearly label their titles M for mature (just like an R rated movie), but it is up to the individual parent to decide what is right for their child, not some judge who can't understand the new mediums of technology properly.

  21. Frogger by Kizzle · · Score: 1

    Maybe we can finally get frogger banned now. All those cars trying to kill a poor innocent frog. No child should be exposed to that.

  22. Not To Be A Troll but... by Anonymous Coward · · Score: 0

    I agree with the judgement, I mean if parents are going to let a computer raise their kids they might as well no what the kids are being raised on. And if the parents don't want to look I guess someone should force them.

    Even so I think this will be about as worth while to enforce as the seat belt law.

  23. What the fuck by WeaselGod · · Score: 2, Interesting

    Maybe we should judge all mediums by some of the worst representations.

    Maybe movies shouldn't be protected because all of those actions thrillers just have violence.

    Maybe books shouldn't be protected because all those romance novels are just softcore porn.

    Maybe music shouldn't be protected because all that gangster rap just talks about killing cops.

    What the hell is wrong with people. Sure there are games that have no decent content, but there are also games like black and white, sim city, etc that actually have redeeming value. I don't think most games should be banned from kids, regardless, or more precisely because of their content. If I didn't have video games to vent my frustration with when I was younger I might have vented in a far more destructive manner. Give me the violent games, god knows the sims aren't going to keep me from being frustrated with the stupidity of this judge.

    --
    - WeaselGod
    Eagles may soar, but weasels don't get sucked into jet turbines
  24. He played these games, eh? by qslack · · Score: 5, Funny
    The article mentions that he made his decision after playing 4 games. I can see why he thinks the way he does.

    I offer this as an example of what probably happened to him while he was playing.

    JudgeLimbaugh: Hello kids, I am a federal district judge. I'm just playing...

    JudgeLimbaugh was shot in the head by TEH_CS_MASTAR with M4A1

    JudgeLimbaugh: Sorry, can we just pause the game for a second so you all can help me with...

    JudgeLimbaugh was slapped by hahaUsukk (admin)
    JudgeLimbaugh was slapped by hahaUsukk (admin)
    JudgeLimbaugh was slapped by hahaUsukk (admin)
    JudgeLimbaugh was slapped by hahaUsukk (admin)
    JudgeLimbaugh was slapped by hahaUsukk (admin)
    JudgeLimbaugh was slapped by hahaUsukk (admin)

    JudgeLimbaugh: Anyway, as I was saying...I am trying to decide whether free speech should...

    Jenny17F: d00d i duncare abut free speach, do u got ne free beer? im only 14 so...thxd00d!!11

    JudgeLimbaugh: Do these games have ANY artistic value whatsoever?

    iaml33t: articistic value? no but i fukked mona lisa once!1111

    Jenny17F: d00d relly? thats cool. UR THE MAN1111111
    1. Re:He played these games, eh? by Anonymous Coward · · Score: 0

      Thats fuckin funny.

  25. Games as speech by Mr.+Shiny+And+New · · Score: 2, Interesting

    I'd agree that most games are not speech. But come on, just because they AREN'T doesn't mean they can't be. Just the other day I was in a game store and I found a game that tells Bible stories and stuff. It's some kind of first-person-shooter or something, where the character has to make moral decisions and fight the good fight against the evil, fallen angels. You can't tell me that THAT game is not speech.

    1. Re:Games as speech by grung0r · · Score: 1

      The game you refer to to is called Catchuman or something close to that. I read a review of it once in PC Gamer, and it was just shovelware quickly pushed out to go after the "christian gaming crowd". Instead of blowing up monsters with a rocket laucher, you "save" them with a blessed sword. The underlying concept was no diferent then say, doom, just the plot presented to you before the game, which never actully came into play. The point being, art is not definable. Beauty is in the eye of the beholder and all that jazz. Just becuase a game has a christan theme does not give it any more artistic expression then Half-life, Doom, Max Payne or any other game out there. It's art because whoever created it says it is. All speech should be protected, not just what you, I, or The idiot right wing judge that ruled this way, says is speech.

  26. Unenforcable claptrap by GMFTatsujin · · Score: 2

    So kids can't buy or play over-17-rated games without a parent's permission?

    My response: Click.

    So I can't use a peice of software without first reading and agreeing to the EULA?

    My response: Click.

    Sure, I'll warrant I'm over 17 to get into a nudie site. Click. As it happens, I *am* over 17, but really the question becomes, *how do they know?*

    I mean, that's beside the more primary question of "why should they care."

    Judgements like this are a load of horse-hockey, made, ironically, in order to present a political/ethical/whateverical statement. Just like the first amendment allows us regular folk to do.

    It's a question that will escalate up the ranks, probably ending up with some bullshit congressional hearing or other, in which it is decided that all people over 18 with children will be implanted with authorization chips that activate the software. It'll be part of signing the baby out of the newborn wing of the hospital - just sign this birth certificate - by the way, you may feel some initial discomfort.

    Ironically, the under-17 crowd that has children, such as you might find in just about any broken-down central urban district (and, here's the scary bit, *elsewhere too*), will be utterly helpless coming from either direction. Fortunately, they don't count, and the program to discourage voting proceeds according to schedule. Activate phase 3.

    And it doesn't help at all that the judge has a name like Limbaugh. Like *that's* not a dead giveaway.

    Great googley-moogley.
    GMFTatsujin

    1. Re:Unenforcable claptrap by 13013dobbs · · Score: 1
      why should they care.
      They care because not everyone feels that young children should be exposed to hardcore pornorgaphy and violence.

      It's a question that will escalate up the ranks, probably ending up with some bullshit congressional hearing or other, in which it is decided that all people over 18 with children will be implanted with authorization chips that activate the software. It'll be part of signing the baby out of the newborn wing of the hospital - just sign this birth certificate - by the way, you may feel some initial discomfort.
      Wow. You have the tin-foil hat on pretty tight today, don't you?

      Ironically, the under-17 crowd that has children, such as you might find in just about any broken-down central urban district (and, here's the scary bit, *elsewhere too*), will be utterly helpless coming from either direction. Fortunately, they don't count, and the program to discourage voting proceeds according to schedule. Activate phase 3.
      OMG. I think that some child in a 'broken-down central urban district' (AKA: Tha Ghetto) has more pressing concerns than the possibility that he/she won't get to play the latest gore packed shoot-em-up.

      I know kids get all worked up over their games, but they are just games. Please, get some priorities. Thank you.

      --

      No replies made to AC posts. Please log in.

  27. um... point? by eclectric · · Score: 2

    Since when did the creative angle have anything to do with first amendment protection? The SC has long deemed it appropriate for limits to be placed on movies, television and radio. Why not video games?

    1. Re:um... point? by martyn+s · · Score: 1

      The supreme court has *never* placed any limits on movies. Television and radio, apparently is different since it is broadcast. Maybe a compulsory movie rating system would hold up in the US supreme court, but just as a matter of fact, the rating system is a voluntary self-imposed effort by the movie industry.

    2. Re:um... point? by banking_intern · · Score: 1

      Actual the spream court only rules in the 1960's that movies were a form of speah. Before that in the 1910's they had rules it wasn't speak... so your WRONG 5 mod points for me!!!!!!!!!!!!!

    3. Re:um... point? by martyn+s · · Score: 1

      Maybe. Give me a link.

  28. Secret Terrorist Information! (Rot13) by Anonymous Coward · · Score: 2, Insightful



    Maybe we should judge all mediums by some of the worst representations.

    Maybe movies shouldn't be protected because all of those actions thrillers just have violence.

    Maybe books shouldn't be protected because all those romance novels are just softcore porn.

    Maybe music shouldn't be protected because all that gangster rap just talks about killing cops.

    What the hell is wrong with people. Sure there are games that have no decent content, but there are also games like black and white, sim city, etc that actually have redeeming value. I don't think most games should be banned from kids, regardless, or more precisely because of their content. If I didn't have video games to vent my frustration with when I was younger I might have vented in a far more destructive manner. Give me the violent games, god knows the sims aren't going to keep me from being frustrated with the stupidity of this judge.

    [ Reply to This | Parent ]

    1. Re:Secret Terrorist Information! (Rot13) by ciole · · Score: 2

      Maybe music shouldn't be protected because all that gangster rap just talks about killing cops.

      Maybe this is a troll, but i'll bite.

      This line stands out from all your other examples, because this is precisely why certain rap should be protected.

    2. Re:Secret Terrorist Information! (Rot13) by Anonymous Coward · · Score: 0

      Stupid fucking moderators!

      Say it with me, now-----1, Redundant!

      He didn't even bother to take the [Reply to ...] text out---how fucking stupid is slashdot?! This guy gets modded up twice?!

  29. Rating Movies by cthrall · · Score: 1

    So do we also think all ages should be able to watch R-rated movies?

    1. Re:Rating Movies by SquadBoy · · Score: 2

      I don't think the government or anyone besides the parents should have any say in whether they do or not. So to answer your question depending on just what the circumstances are yes yes I do. In other cases no they should not. But the government should get the *hell* out of the choice. :)

      --

      Cypherpunks: Civil Liberty Through Complex Mathematics. Those who live by the sword die by the arrow.
    2. Re:Rating Movies by timothy · · Score: 1

      cthrall asked: "So do we also think all ages should be able to watch R-rated movies?"

      I don't think there should be state-regulated age limits on viewing R-rated movies; I don't think people should take seriously the pat and often misguided rating that some industry group happens to apply to a particular movie. It's just lazy thinking. (Some movies branded with a big fat R are perfectly fine IMO for children old enough to reason, whether or not 365 days have passed since they were legally eligible to drive in most parts of the U.S. Speaking of which, those driving-age laws ...) Where are the alternate rating services, so that ratings could be used as tools of choice rather than denial? Now if a *theater* wants to cut out a portion of their paying audience to satisfy their own (serious, or just smarmy) sense of morality, Fine -- their decision to make.

      That doesn't mean that children should be encouraged or required to watch a particular movie no matter what it's rated. I thought the (PG-13) Indiana Jones & Temple of Doom was pretty gruesome. Similarly, games should be up to the household mores and rules that a particular child lives within. If a 14-year-old has a job at which she works to save money so she can play at being a tank commander because she likes to provide alternate endings to historical battles ... great. Her call. There are a lot of games I think are at best morally ambiguous no matter *what* age the player, but it isn't (and shouldn't be) my right to declare them verboten to anyone else.

      timothy

      --
      jrnl: http://tinyurl.com/c2l8yr / foes: http://tinyurl.com/ckjno5
    3. Re:Rating Movies by Morgoth_Bauglir · · Score: 1

      sigh.

      Nothing prevents you from renting pornography, bringing it home, and letting your children watch it. All the ratings system does is reduce the liklihood that strangers will show this stuff to your kids.

      I for one am grateful of the movie rating system. This means, that I can, assume that after watching a G-rated movie in the other room, my six year old won't wander into the dining room where I'm entertaining co-workers and ask me, "What's anal sex?".

      *And* I won't have to watch the movie beforehand to know that. Which, believe me, I *really* do not want to do.

      More important is what the ratings system rates. Sex and violence? Possibly scariness factor for tiny children.

      But, it doesn't rate the objectification of women, racism, religious ideology (or lack-there-of) and consummerism. It just means there will be mostly no sex and not too graphic violence, so, "holy crap!", if I really want to my children to have a good moral/civic/ethical/whatever grounding, I still have to watch the drivel before the kids do.

      Just out of curiousity-- how old are the people complaining about age-limits? Me, I'm an adult so in the US, if I care to, I can smoke, drink, watch porn, buy games, fly to Amsterdam and do all the drugs I can. So, what, exactly, is the problem?

      As soon as an adult is prevented from buying one of these games, the decision will be overturned.

    4. Re:Rating Movies by King_TJ · · Score: 2

      Movie ratings are always used as a marketing/sales tool instead of as an honest attempt to evaluate the content.

      When a new movie is produced, they often shoot extra footage that's graphic in nature, and then only cut the minimum number of scenes necessary to move up a rating. For example, they know "sex sells", but they also know than an X rating means relatively few people will ever view a film in the theater. In the past, they pushed, prodded, and bent every rule they could to keep the R rating but get away with every little sexually provocative scene they could pack in. Finally, they decided this wasn't good enough so the NC-17 rating was born.

      This is also why the PG-13 rating came about. They wanted to show material that just wouldn't cut it under the definition of PG, but the R rating would leave out all the 15 and 16 year olds who might, in fact, be the prime audience for the type of film they're producing.

      Considering the fine lines between ratings these days, and the fact that many times - it's more mentally disturbing and frightening to imply something than to show it outright, I don't think theaters should waste any more time trying to police who gets to see an R rated movie.

    5. Re:Rating Movies by antistuff · · Score: 1

      How do i say this bluntly? Hmmm. Yes.

  30. Microsoft dosent want you to know this by Anonymous Coward · · Score: 0
  31. Copyrighted vs "Free Speech" by redtoade · · Score: 1

    I don't understand.

    How can it be considered "free speech," if it's copyrighted? I don't get how the software companies can hide behind the first amendment to produce the game, but then discard this argument after we purchase the game. If I were to say that MY rights to do what I want with the software are being infringed by THEIR copyrights, they would say that the game ISN'T free speech. Somebody explain this apparent hypocrisy to me please.

    I brought this up before...

    1. Re:Copyrighted vs "Free Speech" by martyn+s · · Score: 1

      While I am inclinded to agree with you, the constitution specifically allows congress to impose IP priveleges "to promote progress in the arts and sciences." It's been established by the court that this doesn't violate the first amendment, especially considering that this enumerated power has a higher permission, or at least equal to, the first amendment, because it is in the constitution.

      Now, something that most people forget is that the constitution says these priveleges last for "limited time." So, in my view, any copyright enforced beyond 20 years (just like patents) are unconstitutional. Unfortunately, Sonny Bono, and Friends doesn't agree with me.

  32. "vilolent or sexually explicit" by Planesdragon · · Score: 5, Interesting

    At least read the slashdot tagline!

    ...an ordinance that requires parental consent before children under 17 can buy or play violent or sexually explicit video games...

    Final Fantasy whatever is neither violent nor sexually explicit. Neither is Black and White. Nor Myst. Nor Civilization. Nor any of the other games that were mentioned to defend "video games" as protected speech.

    Doom, Mortal Kombat, and Resident Evil are famous games for their violence. And they're also all three lacking in *speech*. They're great marvels of techonlogy (for their times) and gameplay (for even now, in some ways), but they're not necessarily worthy of judicial protection.

    The ruling isn't saying "all games aren't speech." It's saying "game's aren't always protected speech."

    Heck, I mean--NO form of expression is always protected speech. If I slander someone in a song, I'm still civilly / criminally liable. If I write a novel that's sexually evocative, I'm still regulated as porn.

    I for one and quite happy with "mature" video games being regulated as "adult content." Especially when the law rests on the permission of the parents, who in my day were the ones actually purchasing the games anyway.

    1. Re:"vilolent or sexually explicit" by Hamshrew · · Score: 1

      Planescape: Torment.

      Violent, RPG, TONS of plot, a work of art, sexual situations... that would be good.

      --
      - Free tabletop fantasy gaming! Grey Lotus
    2. Re:"vilolent or sexually explicit" by qslack · · Score: 1

      Final Fantasy whatever is neither violent nor sexually explicit. Neither is Black and White. Nor Myst. Nor Civilization. Nor any of the other games that were mentioned to defend "video games" as protected speech.

      Final Fantasy isn't violent? Last time I checked, and I've been playing the series since FF6 (US) first came out, your objective is to kill. Kill. Kill. At first it might seem like an innocent journey into a cave, but you suddenly find your screen twirling into oblivion as battle music begins playing.

      THEN THE KILLING STARTS. In all of my playing, I've been forced to fight little girls (Relm), old men (Strago), mothers and royalty (Queen Alexandra), octupi (Octos), bumblebees (FF4/J), young female ninjas (Yuffie), dogs (Red XIII), etc. How can you say that Final Fantasy is not a bloody, murderous game?

      :)

    3. Re:"vilolent or sexually explicit" by mattdm · · Score: 1

      Final Fantasy whatever is neither violent nor sexually explicit. Neither is Black and White. Nor Myst. Nor Civilization. Nor any of the other games that were mentioned to defend "video games" as protected speech.

      Actually, the article made a large deal about Medal of Honor: Allied Assault, and the speech implications of a particularly violent part at that.

    4. Re:"vilolent or sexually explicit" by skimmer · · Score: 2, Informative

      >The ruling isn't saying "all games aren't speech." It's saying "game's aren't always protected speech."

      Actually, as far as I can tell, that's EXACTLY what it is saying. Games are never speech. I don't think anyone would have a program with the second statement.

      'From his ruling, [US District Judge] Limbaugh appears to believe that no amount of contextual information, or additional narrative, in a game is enough to make it a work of art or expression worthy of the name 'free speech.''

      I can't seem to find the actual text of the ruling though, so who knows.

      Regulation or ratings or whatever is a different issue. It just happened that this judgement came in response to an issue of regulation. Regulaee it like movies are done now -- great. No problem with that. Don't regulate it based entirely on the idea that games are never ever to be considered under the first amendment.

      And the article mentioned a lot of violent games. Medal of Honor, Max Payne (MEGA violent), Deus Ex, etc. Of those only Deus Ex is really the shit though -- good game.

    5. Re:"vilolent or sexually explicit" by Sebastopol · · Score: 2


      Just for the record, has anyone here seen any 'sexually explicit' computer games??? I've yet to see one, 'cept for that Sega game where the anime bimbos in crotch-high boots do mega-split-roundhouse-kicks.

      --
      https://www.accountkiller.com/removal-requested
    6. Re:"vilolent or sexually explicit" by ymgve · · Score: 1

      Just for the record, has anyone here seen any 'sexually explicit' computer games?

      Apparently, you've never heard Lula before...

    7. Re:"vilolent or sexually explicit" by Tantrum420 · · Score: 1
      Just for the record, has anyone here seen any 'sexually explicit' computer games??? I've yet to see one, 'cept for that Sega game where the anime bimbos in crotch-high boots do mega-split-roundhouse-kicks.

      ummm... Here's a little sumthin' sumthin' for ya.

      Enjoy!

      T

    8. Re:"vilolent or sexually explicit" by mfos.org · · Score: 1

      There was one game during the days of FMV that showed a rape. And of course there is the Venerable Leisure Suit Larry. Fallout as well

    9. Re:"vilolent or sexually explicit" by craw · · Score: 1

      In the early days of the Mac there was MacPlaymate. Bitmap graphics, and of course sound. Play it enough times, and *you* might turn into First Person, ummm, "Shooter."

    10. Re:"vilolent or sexually explicit" by Anonymous Coward · · Score: 0

      Bah! I didn't buy MoH:AA specifically because they chickened out by having no fuck'n blood. Wasn't violent enough for me.

    11. Re:"vilolent or sexually explicit" by Cenam · · Score: 0

      yes i have a problem with that, christianity is what has been, for thousands of years, the meens of brainwashing larg masses of people.

      --

      The Truth: There is no string:)
    12. Re:"vilolent or sexually explicit" by Silver+Rose · · Score: 1

      There is an objection to preventing minors from buying certain games, or saying that some games are not speech: who decides what has content and what doesn't? Assume the worst, and you still have 99% of the games on the market today with the potential to be censored and banned by the government. For instance, they could say that B & W is violent (you can kill people, after all) or blasphemous and therefore not speech. You could then be PUT IN JAIL for not turning in your copy. Do you want to give the gov't that power? Just FYI, the movie ratings system is one in which theatres voluntarily cooperate. There is no law saying that minors cannot go see an 'R'-rated movie, assuming they can find a theatre that will let them in. And there is already a rating system for games that allows stores to voluntarily participate in not selling violent or sexually explicit games. They just don't care, at the moment. For anyone who wants to see that change, make it worth their $, which is how parents got theatres to mind the MPAA (mostly). I'll be happy to put my voice and moola on the other side of the line, but you have the (free speech) right to protest how any given store does business.

    13. Re:"vilolent or sexually explicit" by Kanasta · · Score: 2

      Not so much a problem you need the permission of the parents, but more like is Walmart supposed to keep signed release forms with their game dockets now?

    14. Re:"vilolent or sexually explicit" by Anonymous Coward · · Score: 0

      "Custer's Revenge"

      and a few other Atari 2600 titles...

    15. Re:"vilolent or sexually explicit" by Anonymous Coward · · Score: 0

      It was called phantasmagoria.

    16. Re:"vilolent or sexually explicit" by Anonymous Coward · · Score: 0

      um.... No, actually.

      Go back and read the article. The ruling states that video games aren't speech. Period.

    17. Re:"vilolent or sexually explicit" by Fjord · · Score: 2

      Virtual Valerie 2, where you manuver your mouse to play with nipples and clit of a girl while sometime controlling a dildo or a weird 3 orafice pentrating machien so that you can get her to cum enough times that you are let onto the secret "dick up her ass" level.

      I've seen worse as well. Mostly hentai based games. And of course there's the million and one strip pokers (some pretty good and free if you have a Java enabled browser).

      Still, let's face it. You don't have to say something meaningful nor do you have to be smut free to be expressing something. Even if a game is pure entertainment, people saying "it isn't speech" are basically saying "it should be okay for the government to decide how we are entertained." Well, Larry Flint went to the Supreme Court to show that naked women on paper is protected speech, so why not naked women on a computer screen. Why isn't "Doom" speech. Not everything I say is a deep treasie on the state of the world. The government can't tell me that I can't talk about how cool having a flamethrower-rocketpack-mech suit would be.

      On the flip side, I think that games should be like movies and not sold to minors if it's graphic/sexually explicit enough. For the parents that want their kids to have the games, they should be allowed to buy the games for them. I like how movies work, despite how some people would prefer to police their children 24/7.

      --
      -no broken link
  33. The Judge Wore Some Very Restrictive Blinders by guttentag · · Score: 5, Interesting
    The judge's deliberations were based in part on his review of four games: 'Fear Effect,' 'Doom,' 'Mortal Kombat' and 'Resident Evil'."
    That's a very specific subset of the computer game industry. Mortal Kombat may not have any political statements to make, but many other games do. Take Grand Theft Auto 3: it may be a very violent game, but it works a lot of social and political criticism into the commercials.

    "My Zaibatsu Monstrosity can even cross rivers! So far I've only hit a few puddles in the parking lot, but it's good to know that it's there. Besides, I'm a mom, not a conservationist."

    It touches on gun control, child labor and other issues that companies or political action committees would rather not have pumped into the ears of teenage consumers.

    Could Ford pull GTA3 off the shelves by claiming it unfairly portrays its Explorer line? Could the NRA block the release of GTA4 by complaining it doesn't like the game's portrayal of gun owners?

    How far does this go? What about games like Sim City? Could the mayor of a major city sue EA for defamation of character (by teaching people that his style of city-management doesn't work)?

    1. Re:The Judge Wore Some Very Restrictive Blinders by qslack · · Score: 1

      The important thing about this case is that the judge is saving the children.

      Ford, the NRA, mayors, etc. suing won't save the children. If the children aren't in danger, then you keep your free speech rights. If children might be hurt in any way, perceived or truthfully, then the judge always finds a way around first amendment rights.

    2. Re:The Judge Wore Some Very Restrictive Blinders by RKloti · · Score: 1
      Personally, I'd rather not have cynical left-liberals exploiting the willingness of many adolescents to get their unquestioning support. Actually, with the exception of a few, the majority of adolescents (those with view both on the right and the left side of the spectrum) are naive and don't really think about their political opinions, and take up views that are fashionable with others, IMO. For them, it is more important to be part of something than to represent and lobby for a point of view they bother understand and support. Others just use so-called political opinions as a justification for random of semi-random violence. So, I'd rather have teenagers THINK about the issues than just have an automatic reaction. It helps to understand some economics so you actually realise how the system works before you decide to oppose it. And should you do that, you should have a realistic alternative. The majority of adolescents protesting under the banner of "another world is possible" don't know how the world should really be run (but think they do) or, worse yet, have some deluded view about how they can get economics to work. (Like huge wage increases [1])

      Most people, in fact, only become involved in politics when it directly affects them, thus the "soccer mums" protesting for video game regulation, gun prohibtion, stricting drug prohibition laws and so on. They mostly have a one sided, simplistic view on politics since they only care about one issue, and only look at it from their point of view. Which is quite human, but not a good way to run politics.

      [1] Huge wage increase - there are no doubt people out there that think that more money = more wealth, but don't realise that raising wages means raising prices. At the end of the day, you're just encouraging inflation. Which, from a true socialist's point of view, is exactly the aim of the exercise, namely eroding the wealth of the middle and upper class. But I doubt that many teenagers believe that that is reason why wages should be raised. Instead they somehow think that raising wages means being able to buy more, and closing the gap between rich and poor. Of course, management wages tend to increase more rapidly than those of the working or middle class. Ideally, wage increases should be matched to inflation so that the real wage keeps up with currency devaluation, and increases in real wages should be given only when the company in question is doing especially well and thus can afford to be more generous (and give the employees an incentive to stay there rather than seek other employment at a higher salary level) or as a bonus to an individual who has been exceptional in some way.

  34. As artistically valuble as movies by Enzondio · · Score: 1

    I fail to see how anyone could claim that something like the the Final Fantasy Series (The newer ones moreso than the original) could be seen as less artistic than film.

    1. Re:As artistically valuble as movies by Frobnicator · · Score: 1
      That is reasonable.

      Look at movies put out by the porn industry, compared to those put out by Disney or the others. Some movies have much more value than others.

      Final Fantasy is very artistic, compared with Twisted Metal, Mortal Kombat, or others. The FF series has violent themes, but not graphic violence and gore. The other two have pointless, graphic gore and female models dressed to dance at a nudie-bar.

      Even the Disney classics have violent themes -- conflict is a primary element of storytelling. But there is a big difference between the PG rated Dinosaur where a bunch of characters are killed by meteor, eaten, starved, etc. without dwelling on it versus the plethora of films with R ratings where the same things happen, with much more gore and gratuitous violence.

      He isn't stating that all games should be prohibited, just affirming that the RASC-style ratings followed. Sort of like going to the movies and not selling tickets to an NC-17 show to a 10-year-old.

      --
      //TODO: Think of witty sig statement
  35. It's sad, really... by NanoGator · · Score: 2

    I think all this hooplah over video game violence is a reflection of the quality of parenting here in the USA.

    --
    "Derp de derp."
  36. could be worse by Anonymous Coward · · Score: 0

    let's just be thankful he didn't review daikatana. That would have made outlaw games altogether.

  37. Good thing the judge didn't see Grand Theft Auto 3 by Kargan · · Score: 1

    Not only is there a storyline which could possibly have warranted the "art" tag but I think it would have affected the outcome of the decision alone!

    Just a few seconds of drug-taking, whore-mongering and cop-slaughtering could have given it a different spin...

    Judge: "Now, what are you doing there?"

    Player: "Well, this is a prostitute getting in my car. See how my cash is going down, now? Once she finishes her business and gets out of the car again, I'm going to bludgeon her with a bat and take my money back. Cool, huh???"

    --
    Palaces, barricades, threats, meet promises
  38. Off-topic!!!???? by mikosullivan · · Score: 1

    Well shoot, it was on-topic when the page was broken. :-(

    --
    Miko O'Sullivan
  39. This ties in well with the Jesse Ventura thing by Anonymous Coward · · Score: 0

    If Jessee Ventura is going to make campaign video games, then one can presume they have a political message, and are protected by first ammendment rights.

  40. Nice to see free speech defended... by Anonymous Coward · · Score: 0

    Whoops guess he doesn't count. (nor the voice of those who voted Le Pen)

  41. Okay, great ruling. Now define "game" please. by Anonymous Coward · · Score: 0

    Thank you, I'm here all week.

  42. Contact the Judge by dirvish · · Score: 1

    Does anyone have any contact info for the judge so we can tell him what we think?

    1. Re:Contact the Judge by EyesWideOpen · · Score: 1

      If you are serious about contacting the judge you might want to try to go here (which gives a mini bio on Judge Limbaugh) and clicking the "Contact Us" link at the top right and contacting the Office of States Courts Administrator in Missouri.

      --

      As with the sun's light
      My mom was magnificent
      Unquestionable
    2. Re:Contact the Judge by EyesWideOpen · · Score: 1

      I posted a suggestion (which I won't repeat here) about contacting the judge here.

      --

      As with the sun's light
      My mom was magnificent
      Unquestionable
    3. Re:Contact the Judge by dirvish · · Score: 1

      I knew /. wouldn't let me down.

  43. Graham Nelson would probably disagree. by dwlemon · · Score: 2

    It is possible to make the argument that the 'plot' and 'characters' in video games are only there to sell which is really just a board game: Push the right keys in the right order at the right time, and you win.

    Just because you take some free speech -- and I'm not just talking music, artwork and gore; I mean also the written word such as in interactive fiction -- and add a push-the-button interface, it does not undermine the aspects of the work that make it free speech in the first place.

    Perhaps this judge would like to try playing through 'Curses.' Judge Limbaugh, can you read and write?

  44. Judge Limbaugh - Enemy of the State by Anonymous Coward · · Score: 2, Informative

    Keep in mind that this is the same bonehead who declared junk faxes legal.

    Yep, relative of Rush Limbaugh.

  45. Re:Go ahead and mod me down by Anonymous Coward · · Score: 0

    Unfortunately, the behaviour of your co-editor Michael Simms means we have to browse at -1 to see the truth, as opposed to what you want us to see.

    Yeah, I know what you mean. They are keeping you from learing the truth of gjasdklklsdkjgkgdsllkgsdkjlgsdklgoatsecxskfdfsdklk lsdfkdfgoatsecxgoatsecxgoatsecxgoatsecxgoatsecxgoa tsecxgoatsecxsjkljsdfkjfdkjsdfaklsdfkjgoatsecxbite mejksldfkljsdfbitchkdsfkjdfsfucooookjkfsksld12goat secxvvgoatsecxgoatsecxgoatsecxgoatsecxgoatsecxgoat secx1221 etc.

    This has been addressed many times before in a much more apporprite manner. You are the one who needs to grow up, not Hermos or the mods.

  46. Advice for parents and law makers? by hellgate · · Score: 1

    Some games/movies are quite clearly not suitable for children. So what are parents to do? Tell their kids to stay away from those games? Explain that they are harmful at their age? Watch the kids whenever they're using a computer or going to the movies? Or trust that a shopkeeper will act responsibly and not sell stuff when it's clearly not appropriate? Rrriight. That'll work.

    So what better ways are there to achieve a goal that most parents would probably agree with? (this is not pure rethorics, I am actually curious)

    1. Re:Advice for parents and law makers? by Anonymous Coward · · Score: 0

      You've just asked the question which is really the crux of this argument.


      So what are parents to do? Tell their kids to stay away from those games?


      Yes.


      Explain that they are harmful at their age?


      Yes.


      Watch the kids whenever they're using a computer or going to the movies? Or trust that a shopkeeper will act responsibly and not sell stuff when it's clearly not appropriate?

      No, obviously parents can't watch their kids all the time, but parents could be PARENTS, which they often aren't in today's society, and take some responsibilty for the actions of their children. No, you shouldn't have to watch them every moment, but if you've already instilled any kind of values in your child, or explained to them that certain things are inappropriate, they should at least respect that enough to turn the game off when they hear you coming and hide the CD in the drawer with their porno mags. The sad fact is that most children in today's society are completely blatant about the things they do wrong, and it all comes down to parenting.

      ESRB ratings, ridiculous as they are (in the way they are implemented, not in theory), are clearly marked on game boxes. Perhaps if a parent has a question of whether their child should play it, they should sit down with him/her sometime and ask him/her to explain how the game works. But no, the parent probably is too busy working an 80 hour week for this sort of interaction to occur.

      Parents and right wing conservatives throughout america are always looking for someone else to blame their evil kids on. It's the public schools, it's the music, it's the games. Because it CAN'T be that the parent lets the child walk over them.
      This particular SNAFU is just one more issue among the many. Of course games are art, anyone who's ever played one besides the 4 the judge reviewed will tell you so. Does that mean the right wing won't complain? Of course not.

      In my ever-so-humble opinion...

  47. Expert Witnesses by nelziq · · Score: 1

    Seeing as how both the judges and the lawyers are complete ignorant when it comes to video games, i wonder why they didnt parade in a slew of "expert witnesses". Amatuer and proffesional game developers, reviewers at some popular game magazine, shoot, even a particularly eloquent gamer could have contributed to the case. At least they could have had an idea of what they were talking about before blindly making a decision.

  48. my experience by Ankou · · Score: 2, Informative

    I had an interesting experience at Wal-Mart the other day buying a new game. I am surprised with Wal-Mart's zero tolerance for adult lyric music and movies and yet right there in the PlayStation 2 bin i was (pleasantly) shocked that they had Grand Theft Auto 3. I picked it up and went to the checkout center and was actually made to show 2 forms of ID for my age. I mean I am 23 and I haven't been check for my age buying cigarettes for about 5 years now and was amazed that I was carded for a frickin videogame. I personally agree that there should be some kind of rating system for parents to determine what kinds of games they can buy their children and I don't know how "art" argument could possibly hold any water.

  49. Resident on Evil Creek by keymygrip · · Score: 0

    Maybe he thought that was a Dawsons Creek spin-off and figured it had no business getting first amendment rights protecting it.

    "Resident on Evil Creek. It is where the zombies are all hopped up on X and whine about how much no one understands them while they bite through your jugular. Sort of a teen-angst/survival-horror combo?"

  50. Copyright? by sterno · · Score: 3, Interesting

    For the record, despite the substantial quality of the articles in playboy, it is none the less illegal to sell it to a minor. Now, I think this judge is being a little silly saying that video games are not expression, but that doesn't necessarily mean that the ordinance is a problem.

    When forbidding access to things that are protected by the first amendment, like Playboy, there are certain requirements about it being the least burdensome approach to restriction, etc. If the court believes that there is a relevant social interest in preventing minor access to violent video games, then all this ruling determines is how they are allowed to go about preventing this access.

    Personally I think that if this gets appealed it will get thrown back in the judge's face. He'll have to accept that it is a first amendment protected form of expression. Then he'll likely proceed to rule that the ban is okay anyhow, and then the court can review the issues of it being least restrictive, etc.

    --
    This sig has been temporarily disconnected or is no longer in service
  51. regardless by Steveftoth · · Score: 4, Interesting

    Not playing a video game is like reading a book based on a movie. You only get the idea and it's not the same thing, sometimes radically different.

    Video gamimg is the first automated warm medium, where the player (or audience) is part of the feedback that creates the show. Movies, TV, and playing music on a CD are cold mediums, where the audience has no/little effect on the entertainment. (though some would argue that the audience is the entertainment at plays/concerts) Story telling (esp. with small children), books, stand up comics ( esp. in small clubs) are warm, where the audience takes part in the performance.

    Video gaming being as young as it is, and having such a high cost to entry for new games has created a culture where everyone goes for the largest market, throwing aside everything but the almighty dollar. Even the Salon article admints that the Sims almost didn't get made, which goes to show how single minded these game publishers are. $$$$$

    So far, I've seem many comments about people comparing these games to RPGs, but what about the true classics, like Pac-Man, Tetris, Galaga, Bust-a-Move, etc. These games are like poetry compared to the monstrous volumes that are required to encompass most RPGs. Games like Golden Axe where the whole point is to destroy the tyrant who has usurped the power from the king in the region.

    Some of the best examples of games and conveyance of ideas come from old Sierra games, especially the Lesiure Suit Larry series. That series was nothing but satire, pure and simple. The game was solving the most insane puzzles to advance the almost non-existant plot, but the items you got and the way they were described picked on a multitude of facets of american culture.

    Unfortunatly, most games teach that might = right and you must be the strongest most powerful (Insert stereotype here) in the world. And that concludes their message. It's the games like Ultima, B&W, every Sim game ever that show us new ways of thinking, since in many cases we must change the way we think about a problem in order to solve it in the world of the game.

    1. Re:regardless by Saeger · · Score: 1
      Games like Golden Axe

      Thanks for jogging an area of my brain that has been dormant for years. I hadn't thought about that game in years. :)

      Unfortunatly, most games teach that might = right...

      Well, it's true, unless you want to pretend otherwise. Despite our 'civilized' pretense, us humans are still animals, and violent tendencies are a big part of why we've survived over time. The pacifist mutant who tries to reason with a tiger, or with an irrational racist, or with a starving thief, won't have many kids.

      Things like the WWF and violent video games just feed our natural warrior needs, and it's perfectly healthy IMO... until such a point in the future where we've somehow eliminated all irrational thought, inequality, and human suffering...
      --

      --
      Power to the Peaceful
    2. Re:regardless by TGK · · Score: 2

      I think we're missing the point here. If the state law says that below a certain age you can't purchace games of certain content below the age of 18 the case isn't a free speech case.

      Well it is, but not really. The Court has held over and over again that the state has a compelling interest to regulate the symbolic speech of minors (voting with their wallets so to speek).

      Because of this precident, the case is effectivly an interstate commerce case. That makes it a great deal more clear cut and simple.

      Fundamentaly the same laws that prevent your 8 year old brother from buying a Penthouse prevent him from buying Quake III.

      If this guy had ruled that it was illegal to sell Quake III in his state, period, that would be a free speech case.

      In short I don't think that this case is as great a setback as this list seems to think it is. By overreacting to this I think the geek community (for lack of a better phrase) only demonstrates its poor grasp of our legal system and what it was intended to do.

      --
      Killfile(TGK)
      No trees were killed in the creation of this post. However, many electrons were inconvenienced.
    3. Re:regardless by RKloti · · Score: 1
      Things like the WWF and violent video games just feed our natural warrior needs, and it's perfectly healthy IMO...

      Wow! I don't really agree with the World Wildlife Fund either on many issues, but that doesn't want to make express my masculinity with a 50 cm knife and an assault rifle. Now, while you might want to seriously hurt some hippies (you're probably not the only one), perhaps a little self-control is in order? White powder in the mail is quite sufficient.

    4. Re:regardless by Steveftoth · · Score: 2

      The only problem with the whole video game might == right dogma is that is all the games teach. Very rarely does a game show more then the most base of human experience to a player. Movies and books are very good at this. Maybe after a couple more decades of this will be more the norm instead of the exception.

    5. Re:regardless by Steveftoth · · Score: 1

      But the law states that children below the age of 17 cannot purchase or play video games of VIOLENT or SEXUALLY EXPLICT content without the permission of a parent.

      What is VIOLENT? Is Bugs Bunny VIOLENT? What about Rambo? How about Streetcar Named Desire? What's more violent, scenes of abuse in the household (father beating children, mother), or John Travolta killing people in Swordfish?

      Also, what is SEXUALLY EXPLICT? IF you ask the fox network, anything short of unfuzzed nipple or private area is sexually explict. If ask the puritans, then a little ankle showing was explict. This term means something different every time we ask it. It's a flavor of the month, whatever is popular at the time is 'sexually explict'.

      So, who gets to make these distictions? The law? I guess, but what happens if you are working at EB and you get arrested for selling a bugs bunny game to a kid because it was decided that it is too violent? (a little extreme I agree, but anything goes in this world)

  52. Are these judges blind?! by CptSkydrop · · Score: 1

    'Fear Effect,' 'Doom,' 'Mortal Kombat' and 'Resident Evil' Why why why do we have to keep on hearing judgements, news articles, politicians etc constantly quote and use as example old computer games such as the above. Have they not heard of the PS2, X-Box or Gamecube ?! Not to mention the latest advances in PC gameing. I saw pictures of Doom 2 in an article of similar subject matter only a couple of months ago, how many years has that been out for?! Its like the differance between a childs story book and a novel, these judges constantly undermine the computer games industry by hearing as evidence works that were created years before the judgement they make is passed. I know what im sending that judge for christmas (not! it would go to a home that would not appreciate it) But I can bet the judge had fun sitting in his office shooting away at the imps! Before the judgement made he/she probably shouted "Finish Him!" and then struck down the hammer expecting some lightning to strike :P

  53. One word by Planesdragon · · Score: 2

    Chess.

    1. Re:One word by Anonymous Coward · · Score: 0

      fucking christians, the nazis should of gassed you as well, fucking christians

    2. Re:One word by Anonymous Coward · · Score: 0

      mmm... troll. tastes like chicken! :)

  54. From the article by inerte · · Score: 2, Funny

    The time for a counterstrike is now.

    Supreme LAAAAAAAAAN Party!

  55. The problem is not the law... by Anonymous Coward · · Score: 0

    Kids under 17 are not supposed to see an R rated film with out a parent or guardian's permission. Personnaly, I have no problem with a county preventing minors from buying violent video games. That much is fair, the problem is he fact that the judge went out of his way to say that video games are not art and can not convey any thing work knowing. That is what is pissing every one off, which, IMHO, they should be rightfully pissed off about. Is the law constitutional, more then likely. Did his judge have the authority to set a precedence that says that video games are not free speech and should not be treated as such, absolutely not.

  56. Re:nice picks - list better picks by visualight · · Score: 2

    I know you were joking but still, there are games with "something to say". Unfortunately I can only think of 1 right now but maybe someone can reply with more.

    Deus ex - remember the part where the Chinese guy is comparing the Chinese political system to the American one? The whole game is actually very political and anti-government. I could see a game like that being censored for it's politcal message.

    --
    Samsung took back my unlocked bootloader because Google wants me to rent movies. They're both evil.
  57. Congess = Unwired by Anonymous Coward · · Score: 0

    This reminds me of the Communications Decency Act of 96...
    Of all the judges who voted, something like 92% did't even have net access!!!

    For those that forgot how bad the CDA was,
    here's a refresher~
    If it had passed it would have...

    "Allow(ed) providers to screen "offensive" materials. Removes provider liability under Prodigy decision. Has unknown effect on private email. (Was amended to telecommunications reform bill (HR 1555) on August 4.)

    Oh...and mandatory "V-Chips" (provided by one of the judges' good buddys' company no doubt)

  58. An early retirement by inerte · · Score: 2, Funny

    [T]he Court simply did not find the 'extensive plot and character development' referred to by the plaintiffs in the games it viewed

    Someone should donate Everquest so the Judge can play it. I bet in three months he will be out of courts. Wearing black rags with a sword in his hands, and shouting "l00t!".

    Than we can talk if it doesn't help to develop a character...

  59. Of course by lightspawn · · Score: 4, Interesting
    Remember, free speech only applies to existing media - any new media has to earn the right for free speech.


    This is, I believe, because new industries don't own any legislative assets like senators or judges, by the very virtue of their newness.

  60. NEWS FLASH! by JanusFury · · Score: 1

    Those games sucked! (except maybe Doom, that's still fun to play.)

    Honestly, come on! Who's willing to play those games anymore? Hell, nobody was EVER willing to play fear effect. It sucked bad.

    Mortal Combat was a shitty rip-off of every other 2d fighting game ever made - they just had enough money and time to create something decently popular. I've played all the mortal kombat games, and I'll pick Samurai Shodown or King of Fighters over them any day. Resident Evil? Hah, the original was crap. It was just simply a big enough budget to popularize the genre started by Alone in the Dark. The GC remake of Resident Evil is actually an excellent game, I hear, but who really wants to play the ORIGINAL resident evil these days? Playing the original Alone in the Dark is tolerable, due to the nostalgia factor, but the original RE? not really.

    Just more proof of how ignorant the american society is becoming... Not only are we putting out loads of trite crap, but entire industries are being judged based on that crap. Not good. Games like 'Fear Effect' and 'Mortal Kombat' make it harder for REAL game developers to make good games. I'd like to see more games like Final Fantasy 7 (even though I didn't particularly like it, it WAS good), Starcraft (told a decent story along with great gameplay), and Rez (just totally unique). You can only re-use the same idea so many times before it's dead.

    --
    using namespace slashdot;
    troll::post();
    1. Re:NEWS FLASH! by Anonymous Coward · · Score: 0

      You mean the genre started by Doom. The horror-action genre.
      Putting a game simply into third person doesn't make it revolutionary.

  61. Contact the Judge by dirvish · · Score: 1

    I was under the apparently mistaken impression that /. users could find anything but I don't see any contact info for judge steven limbaugh sr.
    I am beginning to lose faith in you guys...

  62. A thought, though a bit OT by Deagol · · Score: 5, Insightful
    I was stuck at home, sick, a couple of weeks ago. Out of sheer boredom, I ended up watching some VH1 movie about how Tipper Gore led the charge that resulted in the "Parental Advisory" labels on music. To it's credit, it enlightened me to a battle I never knew had been fought -- and I'm a hair shy of being 30.

    Anyway, this law (the video games thing), along with past issues of "censorship" in the form of government-coerced industry self-policing got me thinking.

    The logic seems to be this:

    Some material is harmful to minors (I can buy that)

    Custodians of said minors are not competant enough to police the material themselves (I cannot accept this)

    Legislate morality into the industry, rather than trust parents (I think this simply bites)

    It got me thinking... If a parent (an "adult", mind you) can't be trusted to read a lyric, listen to an album, or watch a movie to determine if the material is right for their own kids (and this is easy stuff -- "yup, there's 4 scenes containing bush in Porky's, so Little Johnny can't rent it"), how the bloody hell can these same adults be expected to abide by the terms of a 20-page legalese-ridden EULA!!!

    I mean, there's gotta be some precedent here, right? If a legal adult can't be trusted to interpret the dumbed-down lyrics/music/visuals of modern-day mass media, there's just no way in hell they can handle a EULA! Release the attack litigators!

    I say if we adults are deemed too dumb to spot a tit in a movie or hear a naughty word in Prince's latest single, then other laws should reflect that. They shouldn't have it both ways.

    And I'd much rather have the labeling laws (and similar nonsense) repealed than to have new laws passed to protect us from EULA's.

    Back on topic, I have kids, and I know there's some disturbing stuff out there in theaters, in music, and on the internet. No, I'd rather my 6-year-old daughter not see porn pics on the internet or my 3-year-old son watch some guy get his spine ripped out in a video game, but, dammit, all these restrictions on content diminish what I can access now and what they can access as adults. This is what I ultimately object to. Because labels make it easy for suppliers to throttle the supply (i.e., Wal Mart will not carry "Parental Advisory" labeled music), which makes the content providers (artists) either change their creations or they're not accessible with equal footing to those who do. And that, my friends, is where this slippery slope goes. I don't think there's any real happy ground in between.

    Umm... &lt looks at post&gt sorry for the rant...

    1. Re:A thought, though a bit OT by redtoade · · Score: 1

      that was VERY offtopic.

      The VH1 movie was stupid. The press took that whole music labelling thing and promoted it like they did the OJ Simpson trial. It was completely a non-story.

      No one ever told the record companies that they should censor themselves (THAT came to be when Ice-T did his "cop killer" album). All these politicians wives wanted was a label on the album that told parents what was on the album without having to purchase it first. If the record companies would have self-regulated like the comic book or movie industries, then the wives would have gone away.

      In fact the music industry probably blew the whole thing out of proportion not to fight for free speech, but it was free publicity!

    2. Re:A thought, though a bit OT by Deagol · · Score: 2
      The VH1 movie was stupid...

      Well, anything with Jason Priestley won't win any awards, that's for sure...

      It was completely a non-story.

      If the movie portrayed the events that happened accurately, then it is an issue. Do we not have the labels on music now? Do retailers (some very large ones) now refuse to carry titles based on that? Not that the music industry people were heroes -- they compromised to get in favor of legislators. They sold out, and were as damaging to free speech as Tipper ever was.

      I think the rating of movies is bad, quite honestly. Most theaters (all, in Utah) won't carry anything above an R rating. That means I couldn't see Showgirls or Eyes Wide Shut in their original form (NC-17 rating) on the big screen. The industry has curtailed artistic expression and consumption.

    3. Re:A thought, though a bit OT by redtoade · · Score: 1

      I spent most of my summers in Utah. (Layton, between Ogden and Salt Lake... exactly half a mile from the causeway out to Antelope Island actually...) So you don't need to tell me how repressive Utah can be.

      BUT, I remember VIVIDLY what actually happened with those stupid labels.

      MTV changed music. There was a huge resurgance in music purchasing. In fact, there were various rumors at just prior to MTV's big boom that the music industry was going to go under. Then all of a sudden we teens were supposedly buying music again (possibly due also to the new CDs that were appearing... don't ask me, we couldn't afford a player).

      The problem was a lot of the music was mostly SHOCK crap. Overproduced trash with "explicit" lyrics intended to make the teenagers believe that they were buying stuff that they're parents would hate. This is YEARS before rap (1989 was the first appearance of Yo MTV raps... and the death of real music). Before then, MTV was produced for mid-western teenagers... no inner city stuff at all. In fact Michael Jackson was the most "Black" that MTV ever showed (thus complaints from the African-American "communities"... rightfully so, and thus Yo MTV raps was created to appease the complainers... sigh).

      So it was all just a big setup. A scam. Here the production companies were producing trash DESIGNED to be perceived as TABOO, they were piping it directly into the most naive and sheltered parts of America... and along came the politicians wives!

      You don't think that the record companies thanked their lucky stars? This gave them MORE publicity than they could ever dream of! Every kid in America WANTED all these dirty albums that pissed off Wachington DC. It played right into the record execs' hands.

      So, NO. There was no story here. There was no censorship. Just a bunch of wives with nothing to do, that in any other country would have been ignored... except they inadvertently stumbled onto the perfect marketing machine...

  63. But...if video games aren't "speech"... by VValdo · · Score: 5, Interesting

    Questions:

    1. What is the relation between "free speech" and "copyright"? If a game is not free speech, can it still be copyrighted? According to this, "any original expression that is fixed in a tangible form" can be copyrighted.

    2. Could a saved game-- which maybe would be considered a "performance" -- be considered free speech? I mean, if I play some 3d shooting game and kill only the politicians, isn't the saved game a kind of performance art?

    3. What about hacked ROM games? Some of these must fall under "parody", no?

    4. Surely games written by recognized literary greats, such as Douglas Adam's "Beaurocracy" is not only legitimate expression but social satire?

    5. How do you draw the line between straight fiction, a choose-your-own-adventure book, and an Infocom interactive adventure?

    6. If you printed out an Infocom game's text replacing the user's typed instructions with "Turn to page 7 to do xxxx" and published it as a book, would the video game suddenly become speech?

    Maybe Dave Touretsky needs to set up another gallery.

    W

    --
    -------------------
    This is my SIG. There are many like it, but this one is mine.
    1. Re:But...if video games aren't "speech"... by FaithAndReason · · Score: 1

      If a game is not free speech, can it still be copyrighted? According to this, "any original expression that is fixed in a tangible form" can be copyrighted.

      Good point! If video games aren't expressive, they can't be copyrighted!

      I have a brother in St. Louis - I should tell him to start copying, while the ruling's still valid...

    2. Re:But...if video games aren't "speech"... by Radical+Rad · · Score: 2

      Didn't the lawyers for the game makers even ask the judge to consider interactive fiction? There could be risque interactive fiction which the judge might personally want to suppress yet would be violating the bill of rights if he did so. Take for example Infocom's 'Leather Goddesses of Phobos', though it was actually very tame. But maybe the lawyers thought the case was cut and dried so they didn't bother to search for clear examples.

  64. Re:nice picks - list better picks by Antipop · · Score: 2

    remember the (incredible) game for PSX Xenogears? The entire game was a commentary on religion and beliefs. Xenogears could have been a book or a movie .

  65. April 25 ... by Anonymous Coward · · Score: 0

    Video Games Not Protected Form of Speech
    Posted by Hemos on Thursday April 25, @03:21PM

  66. Sure by Planesdragon · · Score: 4, Informative

    Somebody explain this apparent hypocrisy to me please.

    There's a difference between copyright and free speech. In fact, they're about as related as capitalism and matricarchy.

    "Free Speech" is the idea that the government cannot made a law keeping you from communicating something. There are a few limits on it ("you can't shout fire in a crowded theather"), but absent a very good reason, the government can't stop you from communicating whatever you want.

    (From "this sucks" to "let's be communist" to "all commies must die.")

    "Copyright" is a different beast altogether. It's the government recognizing the right of someone who works to create a thing that's very easily copied (like a book or a poem) to gain fiscal benefit from people using this thing. It's the government outlining how long the creator of a protected work gets total control over who gets to make copies. (When that time's up, it goes into the "public doman," which anyone can make copies of.)

    This part is the core of copyright protection, and it's what Microsoft & the rest offer you in exchange for you agreeing to their EULA.

    The hariy part about copyright comes when you take only a little bit of someone's work, add your own into it, and make a new work. This is what's called a "derivitive work," and it's the legal basis behind the GPL. Since you're making a copy of PART of someone's work, you're breaking the copyright law ("infringement.") But since someone made something new, THEY have a copyright on it to. In this situation, both parties need to agree to do anything with teh second work--or they need to go to a judge, who decides if a work is or is not "derivitive."

    An exception to this is "Fair Use," which is a few specific exceptions (Journalism, Academia, and Parody) wherin the infringement isn't punishable.

    SO, let's say that I write a novel. (I am, btw. Just about done, too.) My novel is Copyrighted. Because of Free Speech, the government cannot come down and lock me in jail because the main characters rebel against their government and break the law. My copyright means that if you want you very own copy of my novel, you need to convince me (ordinarilly by buying it from a publiher) to let you do it.

    If you like my fantasy world a lot, and you write your own "fanfic", you need my permission to do anything at all with it, including post it on the web, and especially including selling your own copies. You've infringed by copying my setting.

    If you decide to write a review of my novel for your school paper (or local paper), you can quote a small bit of it for journalistic use and I can't say a darn thing, because of Fair Use. Unless you quote an entire chapter every week, in which case I can probably get a judge to rule that you're not really being journalistic.

    One more thing--I'm not a lawyer. Please, please, PLEASE don't do anything and then come back and say "well, this guy on Slashdot said it was OK." IANAL, and dispensing legal advice when you're not can get you busted. (I was merely sharing my understanding of the law.)

    1. Re:Sure by scot4875 · · Score: 1

      IANAL, and dispensing legal advice when you're not can get you busted.

      This doesn't really have anything to do with anything, but the statement made me think: What if someone asks for legal advice, and you advise them to see a lawyer? Sorta a catch 22...?

      --Jeremy

      --
      Jesus was a liberal
    2. Re:Sure by Planesdragon · · Score: 1

      This doesn't really have anything to do with anything, but the statement made me think: What if someone asks for legal advice, and you advise them to see a lawyer? Sorta a catch 22...?

      As far as I know...

      "The only legal advice that I'm qualified to give is to go see a lawyer."

      :) Luckilly for all of us, the American system of common law is decided by judges, and based on a "reasonable man" standard. I think they decided quite a while ago that "go get a lawyer, you've got legal problems" isn't "legal advice."

      Then again, IANAL. :)

  67. A sample size of four by Anonymous Coward · · Score: 0

    After carefully reviewing the finances of Michael Jordan, Oprah Winfrey, Clarence Thomas and William "The Fresh Prince of the River" Smith, I have come to the conclusion that income is not in any way correlated with race.

  68. STOP!!! by coupland · · Score: 3, Insightful

    Ok here go all my karma points, at least they'll be well-burned. This is getting ridiculous -- I'm all for free speech but does no one read these articles? This is about selling games like Doom and Resident Evil to kids without parental supervision. Even "protected" media like film still require some sort of parental guidance. I adore violent games and think cursing and shooting are damn-right funny. But that's MY OPINION! I see no reason to say "damn the parents, kids know better" when it comes to violence, sex, murder, war, and other situations glorified by games. NO RESPONSIBLE GAMER would argue otherwise. So you play your violent games and I'll play my violent games but don't be such holier-than-thou dicks as to suggest parents shouldn't be allowed to decide if their children should or shouldn't play games that depict graphic murder. Ignorant jerks...

    1. Re:STOP!!! by thermostat42 · · Score: 1
      Huh? I did read the article. And the CNN article it linked to. Did you read that? Here's a quote from it:


      Limbaugh said he reviewed four different video games and found "no conveyance of ideas, expression, or anything else that could possibly amount to speech. The court finds that video games have more in common with board games and sports than they do with motion pictures."


      He didn't say these video games, he said video games period. That means according to this Judge, no video game is protected by the 1st admendment. Many people (myself included) agree that the law itself isn't bad, but the statement that games aren't speech is horrible.
      --
      no comment
    2. Re:STOP!!! by Rupert · · Score: 2

      I don't have that much of a problem with the statute. It's the side effects of the ruling that bother me. If video games don't warrant first amendment protection then the government can stop anyone buying them. So you won't be playing your violent video games and I won't be playing mine because some fuckwit judge says it's OK to censor them.

      --

      --
      E_NOSIG
    3. Re:STOP!!! by Sodium+Attack · · Score: 2
      Even "protected" media like film still require some sort of parental guidance.

      That's a common misconception. Enforcement of MPAA ratings is, in most instances, a voluntary measure by movie theaters. In some regions laws have been passed enforcing MPAA ratings by law, but every time they've been challenged, such laws have been struck down as unconstitutional. Some areas still have such laws in force, but only because no one has challenged them.

      I see no reason to say "damn the parents, kids know better" when it comes to violence, sex, murder, war, and other situations glorified by games.

      No one is suggesting that parents shouldn't control what video games their kids play. But I find it funny that you put it that way, because to me, it seems that the government is saying, "damn the parents, the government knows better." With laws such as this one, even if I decided that such-and-such a video game is suitable for my 16-year-old child to play, the government says she can't.

      I'll play my violent games but don't be such holier-than-thou dicks as to suggest parents shouldn't be allowed to decide if their children should or shouldn't play games that depict graphic murder

      The law in question suggests exactly that.

      --

      Never take moderation advice from sigs, including this one.

  69. The judge should have waited... by Sponge+Bath · · Score: 1

    for and reviewed Doom III. Now that's gonna be some art baby!

  70. Re:nice picks - list better picks by Anonymous Coward · · Score: 0

    Deus Ex had some of the best dialogue of any game ever made.

  71. Arguably illegal in Michigan by detritus. · · Score: 3, Informative

    I have been involved in local youth-rights related issues in the past, some pertaining to local businesses barring individuals under a certain age from entering their stores without an adult, or after certain hours (well before curfew). Section Section 37.2302 of the Elliot-Larsen Civil Rights Act of 1976, states:

    Sec. 302. Except where permitted by law, a person shall not: (a) Deny an individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation or public service because of religion, race, color, national origin, age, sex, or marital status.

    Being that rating systems like the ESRB and MPAA are not government-mandated, and that many movie theaters and department stores have barred individuals under 17 from viewing/purchasing "M" rated games or viewing "R" rated movies, it is arguable that the practice is illegal in Michigan. The only exception I could see to this rule is if it was a private club. I do know other states have similar laws concerning age, but Michigan does have a model policy that has proven effective in challenging local businesses. I have pondered the possibility of challenging movie theaters and retail stores, many of which voluntarially enacted policies barring minors based on the content ratings, but it obviously would cause some strong opposition and fighting teams of corporate lawyers.

  72. Re:An open letter to Hemos from Slashdot users by Cenam · · Score: 0

    dumbass, the reason you don't get viruses in netscape is because it is too primitive, and if you get them in ie you were just to moronic to change your security settings...dumbass uneducated mother fucking redneck!

    --

    The Truth: There is no string:)
  73. Are a spook? by glrotate · · Score: 1

    /. really isn't a jive joint.

  74. The ratings are the real problem by Chris+Carollo · · Score: 1

    The ruling isn't saying "all games aren't speech." It's saying "game's aren't always protected speech."

    No, he's saying that games, categorically, aren't protected speech. That is, any individual game can not be considered protected speech.

    I for one and quite happy with "mature" video games being regulated as "adult content." Especially when the law rests on the permission of the parents, who in my day were the ones actually purchasing the games anyway.

    Honestly I wouldn't mind it either if the ESRB had a little more common sense when rating games -- the standards for games are vastly more restrictive than films. Try saying "shit" a few times in a game or "fuck" even once and see if you don't get an M rating. Try showing a flash of nudity and not get an M. Try having anyone die in anything resembling a real manner and not get an M. Any one of those things would get you a PG-13 in a movie.

    When a game like Thief, which actively discourages violence in a number of ways, has fairly inexplicit depictions of violence (certainly no worse than PG-13 movies, probably no worse than many PGs), no language, and no sexual material receives the harsest non-pr0n rating available (M), something's wrong. To lump Thief in with something like Soldier of Fortune (or films like Fight Club) is shameful.

    I don't mind having ratings, but the overly broad M rating that gets all the bad press seriously needs some subdivision.

    1. Re:The ratings are the real problem by Anonymous Coward · · Score: 0

      Some places enforce the ratings, but others don't, and a lot of parents are too lazy/stupid to monitor what their kids do. I work at a video game store, and a while back I had to ask a woman if she was really sure she wanted to buy diablo 2 for her seven year old. I mean, I like diablo, and I know it's not THAT bad in the grand scheme of things, but I would definately not let a 7 year old play it. I had the same sort of thing happen with Soldier of Fortune and a 9 year old. The mother in that case insisted on getting it "because that's what he wants."

      I have no problems with enforcing the ratings, but the real problem is the fact that too many parents do not give enough of a $h*t about what their kids see/hear. And as long as these parents neglect their responsibilities, the Software industry will be blamed for their misdeeds.

    2. Re:The ratings are the real problem by Planesdragon · · Score: 2

      Agreed. Any ideas on how we can go about implementing a "M-13" rating system?

      ;)

  75. A very emotional article indeed, But... by Geekonomical · · Score: 1

    The author claims the same thing must be applied to Hollywood gore fests. Does it means that he agrees that the games are gory and sexually explicit and unsuitable for children ?

    Just because the courts missed the other media doesn't mean that games should be left alone too. The gaming lobby should come up with more serious arguments than this.

    With graphics and rendering getting advanced, the violence and sex in the games is only going to increase. I agree with the author that games are after all not frivolous and can be a good medium for social commentary.

    1. Re:A very emotional article indeed, But... by Anonymous Coward · · Score: 0

      People have been spouting that shit since 'Night Trap'. STFU.

  76. Metal Gear Solid by Anonymous Coward · · Score: 0
    What about titles like Metal Gear Solid that discussed topics such as genetic determinism? Metal Gear Solid 2 discussed censorship of information to control society. Eventhough they are games and not published articles the ideas were still discussed.

    I think his sample was biased and he took an arrogant stance that he can identify what constitutes speech.

  77. Re:Judge Limbaugh - Enemy of the State? by King_TJ · · Score: 2

    Personally, I fail to see the big deal about junk faxes. It seems like almost an outdated issue.

    For starters, the fax machine itself is obsolete technology. It keeps getting used today only because scanners aren't standard equipment with PCs, and people are too lazy to learn how to scan a document and send it via email. At the very least, fax machines should only be used to send data. Received documents should be handled by computer. Why waste paper printing out everything that's sent to you, plus deal with the privacy risks? (Anyone can walk by, pick up the fax and read it? At least your email goes directly to your own inbox.)

    Even these facts notwithstanding, if you're going to outlaw mass sending of faxes, it would seem you'd also have to outlaw all "cold calling" telemarketing. It's essentially the same thing, other than in one case it's done by voice, and in the other, by screeching tones. I don't think we're really ready to take that step.

  78. The evidence was simply ignored. by FaithAndReason · · Score: 2

    According to the article, "A tape with excerpts of these games was ... submitted to the court by the county [of St. Louis] as part of the record," Lowenstein says. The IDSA legal team countered the tape with scripts to video games, he says, that emphasized plot and story lines aimed at proving that games qualified as speech. But, with the ... 7th Circuit Court's favorable decision ..., "It was frankly inconceivable that this issue was in question." (Messages left with Limbaugh's office, asking if his honor had actually played any of these games, or if he had considered reviewing other games, were not returned by press time.) Since he misspelled two of the games' names, it's quite possible he did nothing other than watch the video provided.

    In other words, the judge chose to simply ignore a large amount of the evidence. This, of course, makes it very likely that the decision will be quickly overturned; and it's very likely that the judge knew that when he drafted his decision.

    So, why did he make the ruling? He's simply grandstanding. After all, he's appointed for life, and nobody's about to mount a recall election just because he said that little kiddies can't play guts-n-gore games...

  79. Penny Arcade summary by frankmu · · Score: 1

    penny arcade summarized it nicely last week

    http://www.penny-arcade.com/view2002-04-26rl.htm l

    --
    Supreme executive power derives from a mandate from the masses, not from some farcical aquatic ceremony.
  80. No. by FaithAndReason · · Score: 2
    Even setting aside the 7th Circuit Court's ruling that explicitly addressed this issue, there is a very high hurdle that must be cleared before any form of expression can be restricted. IANAL, so I don't have the exact wording, but the expression ("speech") must be either:
    1. Obscene, or
    2. Posing a "clear and present" danger

    Judge Limbaugh simply stepped around the hurdle by declaring that video games aren't "speech".
  81. Re:Judge Limbaugh - Enemy of the State? by Anonymous Coward · · Score: 0

    Like any good tech-head I hate faxes too but, sadly, there are certain legal docs that *need* to be faxed for legal reasons (IANAL, this is just what I've been told by my [maybe mis-informed] lawyer). A faxed signiture is legal, a scanned and email signiture is not. Don't ask me why, I just work here. ;)

  82. Typos as well by Theonewhois · · Score: 1

    I have also seen some press releases on this that cite the list of games as:

    'Fear Effect,' 'Doom,' 'Mortal Combat' and 'The Resident Of Evil Creek'.

    I don't know if this is a failure of the reporting media, or an example of the court obviously not caring enough to get it right. Does anyone else know something about this?

    --
    Common sense is what tells us that the world is flat
  83. Nobody has that much time by IIRCAFAIKIANAL · · Score: 2, Interesting

    Seriously, could you watch every movie and show, listen to every song, play through every game, and generally monitor every bit of media that pervades your childrens life? It's easy now, but wait until they are older and Barney goes out of style. (Not that I would let a child watch that shit). Of course not.

    Example: Let's say Spider-Man had no rating - how would you know that it's ok to take an 8 year old to see it? Would you go first, watch it, decide it's ok, and then go again with your kid? That's time and money wasted when the movie is more than appropriate for children, by any reasonable standard.

    I agree with you - Wal Mart and Blockbuster and anyone else that filters products based on labels are wrong, but is it the fault of the rating system? I don't shop in either place anymore (for more reasons than censorship).

    The problem I have is when a label is too brief. I like movie ratings as they give the reason for the rating (ie/ language, mild nudity, gory violence, cartoon violence, Saddam with a dildo, etc). That allows someone to make a reasonable decision about what their children should watch. Look at CD labels - explicit lyrics - I would let a 12 year old listen to a song that contains a few swear words (especially if it's saying something vaguely intelligent ala Rage Against the Machine), but not music that suggests skull-fucking a dead prostitute is an enjoyable pastime. The label doesn't tell me what is so explicit about the lyrics, and my standards probably differ from the standards they use.

    If anything, all labels should do is inform the parent of the potentially offensive content of the media and stop the child from buying it on his or her own in extreme cases. As long as it is strictly a guide, I don't see the problem.

    If anything, ratings should be intentionally descriptive - This CD contains lyrics that propose that God is hypocritical and may offend SUV driving suburbanite scum that cling to their vague notions of spirituality out of fear and ignorance - or something like that :)

    --
    Robots are everywhere, and they eat old people's medicine for fuel.
  84. Is Utah in the Bible belt or something? by IIRCAFAIKIANAL · · Score: 1

    Man, that sucks. I would never live in a place like that. Seriously though, do you think those movies would have made it into the theatres in your area if they hadn't been rated? Or would a bunch of angry mom's be outside protesting it when some twelve year old went home and asked his mom why the one guy couldn't shag Jessie Spano when she was on the rag?

    In any case, that movie didn't last too long in the city I lived in at the time (Edmonton, Alberta, Canada) - not because of the rating, but because it sucked (and we love movies that make fun of Americans, so we often forgive such poorly done satire)

    Ironically enough, Showgirls came out when I was in high school and a bunch of friends (teenagers, 17 years old) saw it in the theatre. Maybe you should move up here to Canada, where softcore porn starring childrens show actors gets the respect it deserves and we allow our vulnerable teenagers to view it :)

    --
    Robots are everywhere, and they eat old people's medicine for fuel.
  85. The Games We Play by MBCook · · Score: 3, Interesting
    I think I speek for many in saying that I can fully understand his ruling in regards to Doom and Mortal Kombat. That said, I'm suprised with RE, as that game definatly has a story. As for the fourth, I've never played it and don't know anything about it. But like many of you, I think that he needed to review a few other games. Here is a list I think would have been much better:

    • First, let's keep the initial 4
    • Final Fantasy VII (I'm sorry, but I still think VII is the best one, the rest were great to, but as the stories go, I love VII)
    • A sim game (SimCity, a Sid Meyer, just not SimGolf, i've had so many problems with that game, but that's a different topic)
    • Something like Star Wars: Rogue Squadron
    • A game like Pikmin (for example, Pikmin)
    • Grand Theft Auto III (it's import to get a fair sample)
    • A puzzle game, maybe Aqua Aqua
    • Maybe something like JSRF

    I should mention my stance, I guess. Yes video games have freedom of expression and are most definatly works of art (although I still could see otherwise for Mortal Kombat), I support limiting minors from violent games. I thought that State of Emergency was fun, but if I had a 10 year, I would NOT want him to be able to walk into a store and just buy it.

    --
    Comment forecast: Bits of genius surrounded by a sea of mediocrity.
  86. Re:An open letter to Hemos from Slashdot users by Anonymous Coward · · Score: 0

    No, YOU dumbass. I say worm I mean worm like tequitya, not worm like virus. You stupid for jumping gun! I use Linux, you stupid Win95 person! Try real browser (Mozilla) instead of wal-mart (opps, I mean Microshft) browser IE!

    Mike Cho

    MOD PARENT DOWN!!!

  87. He's Rush Limbaugh's Uncle by PetroniusTheYounger · · Score: 1

    http://rosecity.net/rush/rushtour.html. It makes a lot more sense now, doesn't it? :)

  88. Excuse me? by Anonymous Coward · · Score: 0

    "most games are not speech"

    Artistic expression is a protected form of speech here in the USA. I'm sure the artists, level designers, etc. that produced some of your "most games" would love to hear your opinion. Really.

  89. Re:Judge Limbaugh - Enemy of the State? by Fulcrum+of+Evil · · Score: 2

    For starters, the fax machine itself is obsolete technology.

    Nah, name one other document transmission technology (other than courier) that lawyers can use.

    --
    "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  90. Re:nice picks - list better picks by red_dragon · · Score: 2

    I'm sorry, for a minute there I thought you had typed "Xenugears", and was about to wonder if the game had any pictures of L. Ron. Such a thing would probably be declared a "clear and present danger".

    --
    In Soviet Russia, Jesus asks: "What Would You Do?"
  91. Relevant quote by DreamingReal · · Score: 3, Interesting
    Excellent points. Your post reminds me of John Perry Barlow's words accompanying his Declaration of the Independence of Cyberspace, in response to the Communications Decency Act of '96 -


    This bill was enacted upon us by people who haven't the slightest idea who
    we are or where our conversation is being conducted. It is, as my good
    friend and Wired Editor Louis Rossetto put it, as though "the illiterate
    could tell you what to read." [source]


    Holds true here as well, I'd say. As does Barlow's response -


    Well, fuck them.


    (Emphasis mine!)

    --
    We want some answers and all that we get
    Some kind of shit about a terrorist threat

    - Ministry
  92. Have you seen? by astrotek · · Score: 1

    the Soldier of Fortune 2 Video?

    http://www.runubi.com/sof2/sof2.zip

    Personally its kind of cool to do things that I'll never be able to do in real life. That said, get this video and it depicts the most real death animations ive ever seen. The best part is the game play is good too.

    Goodbye Counter-strike.

  93. agreed by redtoade · · Score: 2, Funny

    do you know how frustrating it is to post the same opinion before you (twice actually), and not have anyone read it?

    I brought this up before...

    and above in this very thread also

    The moderation system is just so frustrating these days...
  94. Re:Of course...your wrong by anti11es · · Score: 1
    There are only a few forms of expresion--it doesn't have to be speech--that are not covered in the First Amendment. These are:
    • FIGHTING WORDS
    • LIBEL
    • COMMERCIAL SPEECH
    • OBSCENITY
    And that's it. There are a few games that get caught under obsenity, which was defined in the Miller Vs. California case as something that:
    (1) the average person, applying contemporary community standards, would conclude that the work, taken as a whole, appeals to prurient interests;
    (2) it depicts sexually explicit conduct, specifically defined by law, in a patently offensive manner; and
    (3) it lacks serious literary, artistic, political or scientific value.

    Here is a good source of information about the First Amendment.
  95. Copyright by IHateUniqueNicks · · Score: 0
    This has been brought up in other threads, but I would like the topic discussed again in light of this ruling:
    In order to qualify for copyright, doesn't a work have to be considered free speach in some form?

    Does this mean:

    I can now burn and sell all the copies of Warcraft III I want?

    BnetD can not be sued for stealing code since it isn't speach?

    This has some rather HUGE implications that I would like examined!

  96. Kill one youre a murderer, kill a million... by Anonymous Coward · · Score: 0

    Kill one youre a murdered, kill a million youre a hero.

    Games like Civilisation, Homeworld, Starcraft, C&C engage in a wholesale slaughter of entire nations.
    Genocide.

    Somehow these are considered OK.
    Running around with a shottie blowing away badies is considered 'violent'.

    Anyone else see a problem with that?

  97. Re:Don't forget to mention.... by Anonymous Coward · · Score: 0
    Hahahahahahahaha! Classic!

    -- Vlad (posting anonymously to preserve my precious karma)

    • "A feminist, what's that - a woman who doesn't get it? Often enough?"Ted Nugent, on MTV
  98. SECRET INFORMATION DECODED by Anonymous Coward · · Score: 0

    ... you need to read fridays Penny Arcade [penny-arcade.com].
    Its about time someone started thinking of the prior to zombie
    infestation time" on resident evil games (or any kind of game
    that requires odd keys and combinations to move around). Think
    about it. The lab in which the infestation starts happens to
    be the one in the deepest part of the installation that requires
    finding keys scattered all over the base, and, if you worked
    in that lab, you'd have to leave for work 2 hours early to get
    all the keys to get in. Honestly, what kind of scientist would
    put up with such an overly secure work environment? What if
    something goes wrong? Get out? Hardly!!
    Well, I guess that would explain why the infestation started
    in that lab. No one had enough time to get out, nor had enough
    time to get in there to destroy it before it got out of control.
    I'd think that if I had a lab that ran overly exotic and extremely
    dangerous experiments under the radar of the local government,
    I'd use a little more planning....

  99. DECODED AGAIN by Anonymous Coward · · Score: 0

    BANNER Section: Games and Demos (6)
    NAME
    banner - print large banner on printer
    SYNOPSIS
    /usr/games/banner [ -wn ] message ...
    DESCRIPTION
    Banner prints a large, high quality banner on the standard output. If the message is omitted, it prompts for and reads one line of its standard input. If -w is given, the output is scrunched down from a width of 132 to n , suitable for a narrow terminal. If n is omitted, it defaults to 8

  100. +1, Karma Whore by Vulture_ · · Score: 1

    I just modded you up, but I had to use 'underrated' because 'karma whore' isn't among the allowed moderations. :(

    --

    The only way the typical /.er can pick up a chick is with a forklift. -- AC

    1. Re:+1, Karma Whore by Vulture_ · · Score: 1

      ...and then I just learned the hard way that you can't post to a thread after modding it, either. Oops...

      --

      The only way the typical /.er can pick up a chick is with a forklift. -- AC

  101. Ruling has limited weight by Infonaut · · Score: 3, Interesting
    From the Salon article:

    How significant is the ruling? The U.S. District Court of Appeals for the 7th Circuit has already ruled, in a separate case involving a similar ordinance, that games are indeed speech. According to Lee Tien, senior staff attorney for the Electronic Frontier Foundation, Limbaugh's ruling doesn't possess sufficient legal kung fu to take down the higher court's decision.

    "Technically," says Tien, "no other court is bound by [Limbaugh's] decision, unlike the decision by the 7th Circuit, which binds many district courts in that circuit."

    At least for now. "But if it is appealed and upheld," adds Tien, "then you'll have a decision of equal weight to [the 7th Circuit's ruling]."

    So basically Limbaugh made a ruling that went contrary to a higher court's ruling. It applies only to his district, and will only acquire any serious legal weight if the appeal is upheld.

    I sincerely hope that the IDSA learns from this initial bout with Limbaugh and brings to bear many of the arguments you all have been putting up here on Slashdot, when they appeal.

    --
    Read the EFF's Fair Use FAQ
  102. Re: "sandbox" by Kasreyn · · Score: 2
    From the article:

    In The Sims, there are no discrete conditions for "winning" or "losing" the game; the only goal is what you choose to do with your Sims, and the narratives you construct for them -- which vary wildly from player to player. (This is sometimes referred to in the industry as a "sandbox" game, and it's also a strong aspect to Black & White.)


    Actually, Maxis (makers of SimCity, Earth, etc., etc., etc., Robosport, The Sims itself I think) originally used the term "software toy". Since AFAIK SimCity was the first highly successful game that allowed you to play noncompetetively (not even competing against a computer), I think Maxis deserves to have their term used.

    The mention of B&W is noteworthy... Peter Molyneaux, originally of Bullfrog Productions, Ltd., has ALWAYS gone with a bit of the software toy flavor. In both Dungeon Keepers 1 and 2 you were able to continue playing after you'd beaten a level, just for fun and play, with no goals or enemies to deal with. I whiled away many happy hours in college trying to see how much gold I could mine (my DK1 record - 6.2 million. Top that!)

    -Kasreyn

    --
    Kasreyn: Cheerfully playing the part of Devil's Advocate to hairtrigger /. flamers since 1999.
  103. This is about Parent's Rights, not Free Speech by serutan · · Score: 3, Interesting

    The issue here is not artistic expression or game publishers' freedom of speech. The publisher is not being prevented in any way from publishing the games. The law is just trying to regulate access by minors, and guess what, that's not an issue of the rights of the minors either, it's an issue of the rights of their parents.

    Kids really have very few legal rights, but they also have very few legal responsibilities. They also have very few people in their lives who see them as anything other than faucets plugged into bank accounts. Along with feeding, clothing and sheltering their kids, part of a parent's job is to shield them from candy-waving marketers who know that kids with low self-esteem will buy lots more stuff. Until you get to a certain age your parents are supposed to outsmart these PhD psychologists, usually with little help from the government.

    The cutoff point between childhood and adulthood may be ridiculously arbitrary and inappropriate in some cases, but at some point you suddenly do get the basic human rights our founding fathers fought for, like lawsuits, credit card debt, and unrestricted access to cigarettes and video games. Until then your parents get to call the shots. There's nothing draconian about it, it's just their job.

  104. Re:fuck you! by Anonymous Coward · · Score: 0

    hehehe, let him have it ... fscking self-righteous bullshit ... im sick of it ... when will these morons realise that we dont hate christianity because its something that we dont understand or dont appreciate, but because we can see it for the control mechanism bullshit that it is, see all the contradictions and inconsistencies it brings up, and see how it was never based on actual events (read some fucking OTHER books xians, you will find the truth about your bullshit nice and quick) ... and we just get plain sick and tired of people shoving their naivety and arrogance in our faces like a fucking badge of honour. YOU ARE WRONG ... if you can see it then fine, just keep your stupidity to yourself FFS ... most of us with enough brains to do so have looked into it ourselves and can see it for the crap it is, you dont need to point out how narrow minded and stupid you are, the fact that you follow christianity makes it self evident ...

  105. Yes I do have a problem with that by serutan · · Score: 2

    Since you proclaimed your christianity and specifically asked if it was a problem, I will reply on-topic that I do have a problem with that. Christianity as an organized force has been responsible for as much murder, rape and general carnage as Hitler, Mao, you name the bad guy. Yes, I do have a problem with your fucking religion.

  106. Restricted Games by Anonymous Coward · · Score: 0

    How about I make a game featuring strong pornographic content, movie-clips, etc. Really nasty stuff. Is this Judge saying he has no powers to stop Minors buying this game?

  107. Re:COUS COUS COMPLIMENTS OF RECIPETROLL by PMM · · Score: 0

    i too am vegitarian

    i request that you post more meals sans meat

  108. A judge isn't even in the position to decide this by PatSmarty · · Score: 1

    "I hereby declare any text written on euro banknotes to not be free speech."

    Whenever a new media comes out, is it the job of judges to decide if its usage is free speech? I think not.

    Any media can be used to express one's opinion, therefore no media can be generally excluded from free speech protection.

    I honestly ask myself what kind of legal system this is where a district judge can walk in and declare such basic things.

  109. Re:fuck you! by Anonymous Coward · · Score: 0

    aye, righto! i'm the one who posted "fuck you!" btw.

    not only do they wear their naivety and arrogance like a badge of honour, they take pride it in it when people point it out to them, using it as another opportunity to assure themselves of their "faith".

    they like to draw comparisons of the faith they have, with the faith that normal foolish mortals like us have in stuff like computers and whatnot. they just don't see that yes, what we normal foolish mortals have in our computers and other gadgets we don't fully understand is faith, but theirs is blind faith. faith that has no roots in real proof. and btw to all christians, trying to draw evidence from your precious bibles as proof of your religion is self defeating. its like a snake eating its own tail. it explains nothing, gets nowhere, and just plain contradicts itself. just keep your bullshit and wonderful storybook to yourselves.

    for all you know, the bible was a bestselling work of fiction in its time, and has now been degraded to a catalyst for your pagan religion. (yes, its a "religion", not a "relationship with god" as some of you like to insist. i also refuse to spell "god" with caps, same way i refuse to spell "microsoft" with the S as a dollar sign. its fucking pathetic and lame) i can just see a bunch of people in the distant future with about as much intellect as all of you digging up a copy of star wars and worshipping the jedi. sheesh, get a life, assholes.

    as always, I FUCK YOU ALL OF YOU NOT!!!!

  110. Free Speech? What about free assembly? by jordanda · · Score: 1

    There is a lot of talk going around saying that games are protected under the right of free speech. I think this is valid but the US constitution also garantees the right to assemble peacefully. What does this mean for communities that are forming around MMRPGs? If a certain on-line gaming community got on the government's bad side then what is to stop them for outlawing their means of gathering?

  111. Well at least.... by Chardish · · Score: 1

    Darned good thing that judge didn't see Grand Theft Auto 3. :)

    -Evan

  112. So what exactly is art by Xaoswolf · · Score: 1

    This guy will say video games are not covered by free speech, but he would defend someone's right to post pictures of crap in a toilet.
    I've never actually understood how some people decide what is speech or art, and what isn't. Exactly where do you draw the line? I've seen some romance novels(which anybody can buy) that were worse than some of the letters to Penthouse(which you have to be 18 or even 21 depending on where you live). If you ask me, the visuals in any of the newer games completely out does some guys ability to take a paint enema and spray it on canvas.
    While I don't think that it is a good thing for little kids to get their hands on explicit material, I think that the way that they are deciding what is good and what is bad needs to be looked at a bit more closely.

  113. MoHaa by Iberian · · Score: 1

    That is a shame because MoHaa was a really good game. I think there is a mod out that adds blood, but if you are really that into blood then perhaps you should see some one.

  114. Your problem is by Iberian · · Score: 1

    That most of the people that claim to be Christains are not really Christains. The Roman Catholic church itself isn't even Christain neither are most of the people from any other church. Christainity has been corrupted by "churches" since Christ himself left.

    1. Re:Your problem is by RKloti · · Score: 1

      And Stalin wasn't a real socialist, neither was Mao or anyone else whose regime is infamour today. They are all 'facists'. A socialist goverment is one in a country where everything works perfectly, and everyone is happy.

      Similiarly, the Christian church is only Christian when they are tolerant, wise, caring, sympathetique, and most of all, correct. All those nasty paedophiles, and all those people who were burned at the stake, and all those people tortured, imprisoned, all that gold that was stolen from South America, all those people killed by the crusaders (women and children, including Jews and Christians), all the people killed in senseless sectarian conflicts (of which there has been no shortage lately), all those people punished for deviating from the churchs norms, all those who tried to stand up against the church and ended up burned at the stake was not caused by the church, it was caused by evil infiltrators. From that other religion (I'm not going to say it here, since I presume you know which religion it was that was scapegoated throughout the ages by the catholic church) or from satanists. Or even, gasp, from socialists. Or liberals. Or criminals, or disbelievers ("infidels"). Anyone but the church themselves. The church is inerrant. The church never makes mistakes. It can't. Right?

  115. I'm suprised noone has compared this to comicbooks by Stanza · · Score: 2, Interesting
    While I'm not fully aware of the history of comics, I do know there was once upon a time that they weren't conisidered fully considered "art". You can read "Understanding Comics" (Scott McCloud) or "Sequential Art" (Will Eisner) and watch them moan about how it's come a long way, but they don't still garner the same respect.

    While I haven't been reading comics since Krazy Kat, it seemed to me that once upon a time comics were violent and simple, kind of like video games. In an effort to get parents not so worried about thier kids reading them, they established the "Comic Book Code Authority" or something (I'm doing this all from memory, bear with me!) and it basically was huge self imposed censorship board. And Wal-mart was not going to sell your comic without the stamp of approval they would give.

    While we don't have all that, you can still understand the point: comics, at one point (and even now) were considered debase and not "art". Now, no one can deny that some comics are incredible works of art (finding examples are left as an exercise for the reader, because they no doubt will not be the same examples as mine) although there are still comics getting in trouble for being "obscene".

    Personally, I think video games are going to follow a similar path. I can point at "Zork" and say "art!" or if you say that's not a video game, then I point at "Battlegirl" (awesome game for the mac) or "Escape Velocity Overdrive" and say "art!"

    Remember, kiddies, send your spare bills to the Comic Book Legal Defense fund, and when the Video Game Legal Defense fund comes into existance, let me know. Some poor kid who makes a nifty-cool game in his basement is going to get sued for offending sensibilities and causing violence in the wrong town.

  116. Fear effect? by Denium · · Score: 1

    Is that anything like Cease and Desist?

  117. Re:selection by royalblue_tom · · Score: 1

    I don't find "extensive plot and character development" in modern art, but if a judge ruled that it wasn't free speach he'd be off the bench faster than you could say "It's Art!".

    Overall, it's a moving composition of violence and death, signifying and attesting to the warrior spirit and the fight for freedom (Doom). Sounds like artistic (first amendment) expression to me.

    Let's just be honest and say the judge has lost it, and it's time he retired.

  118. Difference between both kinds of games. by nefertari · · Score: 1
    Games like Civilisation, Homeworld, Starcraft, C&C engage in a wholesale slaughter of entire nations. Genocide. Somehow these are considered OK.Running around with a shottie blowing away badies is considered 'violent'. Anyone else see a problem with that?
    Not really, there is a difference between both kinds of games: In these games you only command your armies/units/... to kill, you do not "kill" by yourself. But I have a problem with the movies for the secret projects at Alpha Centauri. Some of them are definitely nothing for children. And some texts are a bit subversive, but that I liked ;-)
  119. If it's not a work of art or creative expression.. by dark-nl · · Score: 1

    ... then does that mean that copyright does not apply? I don't see how you can have it both ways.

  120. Are there LAWS for movies? by bigbigbison · · Score: 1

    I did a brief google search and I did not find any evidence that the movie ratings are reinforced by laws. Can anyone show me that the policy of not letting minors into R rated movies is anything but a self inforced policy? I certainly can't and would rally like some clarification on this.

    Additionally, since my subission of this was rejected, let me say that the ramifications of this videogames aren't free speech has already spread to the national level.

    According to his web site, on May 2, Congressman Joe Baca (California) introduced H.R. 4645, The Protect Children from Video Game Sex and Violence Act of 2002, would create penalties for those who sell at retail or rent "violent" video games to a minor. The full text of the bill including co-sponsors can be found here. It is interesting to note that almost all of the cosponsors are from California and Texas. Perhaps the most chilling aspect of this is that they referenced the video games aren't free speech ruling as one of their reasons.
    --
    http://www.popularculturegaming.com -- my blog about the culture of videogame players
  121. Oh, you mean WAR. by Planesdragon · · Score: 2

    I'll make no bones about Christianity supporting war. War is a horrible, nasty thing--and sometimes, it's appropriate.

    For example, the only 100% sure way to get someone to stop their crimes is to kill them. The only way to stop a rapist is to make it very, very unpleasant for them. War is just the use of this on a scale when you have no higher temporal power to appeal to (and, still, the UN doens't count.)

    Oh, wait--you said "organized force." Or, more aptly, the Church. Read some of my other posts--I repsect the Church for doing good works, but any body that says "I am right" is going to suffer the Istarian fault to some degree.

    That includes the Catholics, the Presbeterians (my wife's one of 'em), and the Free Software Foundation.

  122. Re:An open letter to Hemos from Slashdot users by Cenam · · Score: 0

    and the trth is that this moronic AC has never touched windows..lol..it takes 30 secs to configure ie and outlook to avoid all this nasty stuff(open them both, go into the configuration, click security, turn of self-executing scripts), whereas netscape and all the other linux apps i have seen for browsing and mail do not even have the option(and yes it is usful, imagine being a sysadmin w/ over 200 machines, rather than going to every machine or writing a program to install updates, just write small scripts that execute exes and mail them to everyone).

    --

    The Truth: There is no string:)