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Courts Block Washington Violent Game Law

Thanks to Reuters/Yahoo for their report that the enforcement of a Washington state law, designed to restrict the sale of violent video games to minors, has been postponed. U.S. District Judge Robert Lasnik blocked enforcement of the law, set to start July 27th, and to impose fines on anyone selling games to minors depicting violence against 'law enforcement officers', saying: "Plaintiffs have raised serious questions regarding the constitutionality of House Bill 1009 and the balance of hardships tips in their favor." Doug Lowenstein of the IDSA praised the move, praising "..the judge's finding that games are a form of protected speech like music and movies", but the Washington Democrat politician sponsoring the bill suggested that "..any injunction would only be preliminary and that.. the case [will] go to trial." The saga continues..

34 of 286 comments (clear)

  1. The future? by Endareth · · Score: 4, Insightful

    But how many more times can these types of bills be defeated? It'll only take one to get through, and we head down the slippery slope...

    --
    Disclaimer: The above comment was made while under the influence of too much coding and not enough sleep.
    1. Re:The future? by w.p.richardson · · Score: 4, Interesting
      You can have my violent games when you pry them from my cold, dead hands, you godless commie!

      Seriously, if you want them to stick around, be active. Form your own version of the NRA for violent games. The NRA has successfully thwarted scads of anti-gun legislation over the years, and they are simply an organization of individuals who cherish the right to own guns.

      --

      Curb CO2 emissions: Kill yourself today!

    2. Re:The future? by NanoGator · · Score: 5, Insightful

      "But how many more times can these types of bills be defeated? It'll only take one to get through, and we head down the slippery slope... "

      Yeah but each time it gets defeated, it gets harder and harder to pass it.

      I find it amusing they're trying to 'violence against officers' angle when TV and movies have been able to portray it for years. I don't think they're going to get anything like this through until they find something unique yet common to games. Maybe they should try to make 'violence against fungus based life forms' illegal to sell to anybody under 18.

      --
      "Derp de derp."
    3. Re:The future? by shadowbearer · · Score: 4, Interesting

      Yup. Precedent counts for some in US courts.

      What annoys me is that there never seems to be any really serious precedent until it gets to the Supreme Court. Then it becomes ipso facto law.

      I think our whole system has become so complicated that nothing can really be decided anymore. Look at the 9th circuit and the (sometimes obviously politically motivated) decisions that have been passed there, then overturned.

      It's a mess. Is this any way to run a civilized country? I don't know. I do know that it's not working; what I mean by that is that laws change so much, and are becoming so convaluted(sp?) that the average citizen can't figure them out; and if they do, then the laws change, again.

      Anyone who says that democracy/republicanism/imperialism (pick your favorite) is not still an experiment is ignorant.

      More ontopic, Nano, is how about "Violence against Avatars"? Eeeks.

      Somebody sooner or later will come up with that. "My son's avatar was violently killed online!! I'll sue!!"

      Jebsus!!

      SB
      Pardon me, I'm drinking tonite.

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
    4. Re:The future? by usotsuki · · Score: 4, Insightful

      Wolfenstein came out, I played it.

      Mortal Kombat II came out, I played it.

      Samurai Shodown came out, I played it.

      All of these games feature blood and gore and involve killing people. Have I become more violent as a result?

      I think I have become less violent, because I can take out my anger at a computer instead of going at someone's throat.

      And I have a pretty damn short fuse.

      -uso.

      --
      Dreams, dreams, don't doubt dreams, dreaming children's dreaming dreams. Sailor Moon SS
    5. Re:The future? by Osty · · Score: 4, Insightful

      Seriously, if you want them to stick around, be active. Form your own version of the NRA for violent games. The NRA has successfully thwarted scads of anti-gun legislation over the years, and they are simply an organization of individuals who cherish the right to own guns.

      The difference being the precedent set by the Constitution allowing the possession of firearms (obstensibly for militia purposes, but if you read closely it's also to protect the citizenry from the government), while it says nothing about owning violent video games. As well, guns can be useful tools (hunting) as well as entertainment (recreational shooting) and protection (duh). Video games are just entertainment, though in some cases they can be educational (and sometimes subliminal, like America's Army ... jointhearmy). You could maybe make a case for video games under free speech, but it's not as clear-cut as the right to bear arms.


      I'm not saying that violent video games should be prohibited to minors. In fact, I believe the opposite. However, I just wanted to make the point that the NRA has some fairly potent legal backing while a violent video game version of the NRA would not.

    6. Re:The future? by Izago909 · · Score: 5, Interesting

      I live in Indianapolis. For the lucky half of you who live on a coast, the bible-belt really, really sucks. A few years ago our mayor (Bart) was trying to make a high profile to get himself re-elected with. He chose to ban violent video games within city limits. The area, once being Klan central, and still being non-christians-are-to-blame-for-it-all, allowed it to pass. The first day it want active it started to be enforced.
      In short time, arcade operators and video game vendors got the help of the ICLU and ACLU (thank god they considered this high profile enough) and sued the city. All the courts up to the state supreme court had no problem with this and let the law stand. Finally, the Supreme Court in D.C. decided to hear the case. A unanimous decision stuck it down as unconstitutional. That little media fiasco cost the city over a million dollars in legal services. Coincidentally, the legal firm that collected most of those billable hours was the same one the mayor used to work for. He made his golf buddies over $400,000 richer. He did manage to get re-elected though, thanks to selective media choosing to give most of the air time to the righteous fight and next to none for the legal loss and absoutely none to the tax money and who got it.
      His next re-election campaign was right out of the movies. Anyone remember Footloose? It is now illegal to dance in the city without a permit. One of those will cost you thousands of dollars, unless you run a large music venue or club, in which case selective enforcement ignores you. It's a good thing all of the 'legal' venues play top 40 stuff, because that's quality music. The argument "Dancing and music causes kids to do drugs" just won't seem to die. Unfortunately nobody with money to spare gives a damn about this one.

      This one is for all of those politicians who fight the symptoms instead of the disease: I hope you burn in the hell that you create here on earth. Screw your children, Darwinism will see that they get what they deserve comming. I want to shoot some simulated cops before I go out dancing to government approved music tonight.

    7. Re:The future? by ncc74656 · · Score: 4, Interesting
      The difference being the precedent set by the Constitution allowing the possession of firearms

      Your right to keep and bear arms is not granted by the Constitution. Like the right to speak your mind, gather with whoever you like, etc., the right to keep guns is a natural right...it's part of being human. More generally, the Bill of Rights is not an enumeration of your rights. It is a guarantee (one that's not always been followed, unfortunately) that the government will not encroach on your rights. Notice that the amendments are not of the form "The people have the right to X;" instead, they are generally of the form "The right of the people to X shall not be infringed."

      --
      20 January 2017: the End of an Error.
    8. Re:The future? by canajin56 · · Score: 4, Funny

      Kinda like those kids caught with the trenchcoats and guns, led by a guy who called himself "Neo" and said he was "fighting to free mankind." Yup, it was GRAND THEFT AUTO that was behind that one. Although he MAY have gotten his name from that GAME called Enter the Matrix. But definatly NOT the movie. I mean, EVERYBODY knows that movies arn't real, right? Not like those games made of BLOCKY POLYGONS AND PIXILATED SPRITES! Too close to reality, they are!

      --
      ASCII stupid question, get a stupid ANSI
  2. Evil is defeated once more! by SD-VI · · Score: 5, Funny

    Seriously, can we go back to using TV as a scapegoat for the results of bad parenting? It's not like there's anything good on.

  3. Why "law enforcement"? by grub · · Score: 5, Interesting


    to impose fines on anyone selling games to minors depicting violence against 'law enforcement officers'

    So it's legal to sell games where you blow away Ma and Pa Kettle but don't dare kill a cop in a game or it's illegal? Since when did law enforcement become some sort of sacred cow? Hmmm... I wonder if 3D Realms will have to re-do Duke Nukem 3D, recall that you could kill pigs in cop outfits in that game.

    --
    Trolling is a art,
  4. I'm sure i'll be modded down but.. by NightWulf · · Score: 5, Insightful

    Is keeping violent games out of the hands of minors really a bad thing? I don't believe violent games make people any more or less violent than they already are, but some games go to the extreme, and I really don't think putting in an age restriction is a bad thing. If the kid really wants the game, he can gladly go into the store with a parent, and they can buy it for them if they think their child is mature enough for said game. Think of it like pornography, sure kids can get it online for free, but legally there is an age restriction. Now I don't think some 13 year old boys checking out a penthouse will become raving serial rapists but there are age laws put in place, and for a good reason.

    1. Re:I'm sure i'll be modded down but.. by MaverickUW · · Score: 5, Insightful

      This isn't so much about keeping violent videogames out of the hands of minors. The principle behind this, and why the ISDA has been so against this law, is it renders their ratings useless.

      The premise is that any game that featured any violence against cops would automatically be treated like a rated M game. This means games like Enter the Matrix, which is rated Teen, would not be able to be sold to teens.

      If a game rated for everyone (let's say for this example something like Super Smash Brother's Melee) had a cop in it, even if it wasn't realistic and that cop was fighting, it would be ILLEGAL to sell it to anyone under 17. This is where the problem lies.

      Think of it this way. If there was an equivilant law for movies, the disney animated "Robin Hood", which is rated G of course, would end up with an NC-17 rating due to the fact that there is violence against the Sherrif of Nottingham.

      In the end, you have to look at how this would affect other genres if they had the same laws. The ISDA fought this because they've been trying to get universal recognition of their ratings system (since certain Senators don't recognize there is one), and a law like this hurts that.

  5. Preliminary.. by wfberg · · Score: 4, Interesting

    the Washington Democrat politician sponsoring the bill suggested that "..any injunction would only be preliminary and that.. the case [will] go to trial."


    What is the likelihood that the final verdict overturns a preliminary injunction? Are there statistics on this?

    If I had to guess I'd say they're slim. Already the judge has determined that the 'balance of hardships' tips in favor of the plaintiffs, in other words, even if the state had the right to prohibit the games, the judge thinks prohibition hurts society more than it helps.

    Think about the children!
    --
    SCO employee? Check out the bounty
  6. Forget about prohibiting video game sales . . . by Mikey-San · · Score: 4, Funny

    What? Screw preventing people from selling video games to minors--what about banning saled of Windows to minors? Surely that's far more damaging than Halo or Half-Life.

    --
    Mikey-San
    Karma: +Eleventy billion (mostly affected by watching Celebrity Jeopardy)
  7. The IDSA Paradox by cliffy2000 · · Score: 4, Interesting

    IDSA: We don't like piracy!
    Slashdot: Boooo!
    IDSA: We like violent video games!
    Slashdot: Yay!
    So... do we like IDSA?

  8. You yanks are strange ... by Anonymous Coward · · Score: 5, Interesting

    You hear over and over about how bad these video games are, yet any loser can go and buy a gun. Such a gun culture seems to be at the heart of the problem.

    After all, I doubt the British are likely to return after all these years..

  9. It starts with the family. by Agent+R · · Score: 5, Insightful

    Aren't there enough screwy laws already? Do we really need another one for the books? (And exactly how will this be enforced? Kids still manage to get cigarettes.)

    I don't think it is the games that need to be looked at as opposed to how much interaction the kids get at home from the parents. It appears that quite a number of these kids that go off the deep end tend to have parents who didn't check up on them enough to make sure everything is fine.

    --
    !@#$% whole-grain cereal. When I want fiber, I eat some wicker furniture. - G. Carlin
  10. rampage! by DJ+Rubbie · · Score: 4, Insightful

    The saga continues

    I actually read it as, The rampage continues...

    Yeah, I am going to hook myself up with hookers, slash people's head off, steal drugs, carjack, and take out the Mafia as I steal my way up the ladder in Vice City.

    Seriously though, it is good to have a judge (or judges) that respects freedom of speech, because as the most people other thread have suggested, games of this nature does not promote violence, in general, if there is good parenting and all. Lawmakers should not be restricting games, parents should educate their children on things of this nature (much like sex, and everything)... unfortunately, I don't see too much of that happening..

    Parents, please educate your children, be responsible and so they will learn to be responsible, and use your good example when they grow up.

    --
    Please direct all bug reports to /dev/null
  11. Can we electrocute them? by Anonymous Coward · · Score: 5, Funny

    to impose fines on anyone selling games to minors depicting violence against 'law enforcement officers'

    What if that law enforcement officer was tried and convicted of a capital crime?

  12. America's Army by CrazyJim0 · · Score: 4, Interesting

    Since the game wouldn't let me advance, I shot my seargent.

    They sent me to the brig.

    Would the United States fine itself for allowing me to kill an army personel?

    After all, the Army could be used as law enforcement in a police state.

    STILL....

    Let me get this right.

    Violence, where we invade a country and kill its patriots is alright.

    Yet its not ok to vent violence on a video game?

    Oh I get it, the government wants people willing to join the Armed Forces.

    If we had FDR style work programs researching cures for AIDS and cancer, we'd solve unemployment... But we'd allow skilled people a work option outside of the Marines. Yes I know CMU grads who enlisted out of suicidal depression at getting no job.

    I love America, and I respect the armed forces, but theres some major shit going wrong in our nation. We need to stand up against liability lawyers, insurance/credit agencies, banks and all forms of corruption.

  13. Re:How many more mass murders? by LordBodak · · Score: 5, Insightful
    Violent games, stories, movies, music, whatever... it's nothing new. Our parents had it, their parents had it, all the way back to the beginning of time.

    The problem with out society is everyone wants to blame someone else. Parents need to take responsibility for the way they raise their kids. You don't want your kids seeing violence, keep them away from it.

    Parents have the option to decide what their kids do and do not see. The government needs to stay out of it and leave the option in the hands of the people, where it belongs.

    --
    LordBodak's journal.
  14. Straight Outta Compton/F the Police by felonious · · Score: 4, Insightful

    Although having a game where you shoot cops can leave a bad taste in some peoples mouth, along with brown nose induced halitosis, we have these freedoms guaranteed in the constitution. Okay maybe not killing cops in games but freedom of expression and the pursuit of happiness.

    Some have fun acting out in games and/or some don't even differentiate between the skin on an in game model. This world is becoming so overly protective of things that were trivial in the past. No there weren't cop killing games back in the day but we did parade dead criminals around for public viewing back in the day. (John Dillinger).

    We are a violent society and so our games reflect that. If someone becomes so influenced by a game that it makes them want to kill an authority figure then it was bound to happen anyway. All these people need is an excuse. This is the day and age of no personal responsibility. If I spill McDonalds coffee on myself and get burned then it's their fault and my ass it getting paid...CHA-CHING!

    I don't practice that shit because I believe I am responsible for my own actions no matter how stupid or utterly sexy they may be:D The point is you cannot legislate personal responsibilty and you cannot prevent the other guy from seeing what you see as offensive or disgusting. The people who pursue these laws are an amalgamation of fear and self loathing epitomized. Just because your kids a total fuck up don't tell me how I'd raise mine if I had access to see them...you drink a case a day and sing show tunes in the front yard naked and you aren't allowed to see your kids...wtf is that shit?

    In closing this is all a loosely related DRM package. Pretty soon we'll have no choices, no freedom, no music (unless it's on a public kiosk only access by submitting a DNA sample and $100 per sample), sex in a petri dish, and nothing but customized infomercials.

    FUCK THAT!

    --
    You aren't free to do anything, until you've lost everything.
  15. Soon kids will not be allowed to ... by BlueTrin · · Score: 4, Funny

    play "cop and robbers" anymore, ...

    well maybe not ... but "robbers" will not be allowed to run (unless players are 14+ y. old).

    --
    Don't you know it is now both immoral and criminal to think beyond the next quarterly report?
  16. We shouldn't have laws forbidding bad taste by FearUncertaintyDoubt · · Score: 4, Insightful
    I think it is poor form to have a video game depict the killing of law enforcement officers. I think it is bad taste to have a video game depict the killing of innocent bystanders. Or even criminals. Generally speaking, I don't think it's healthy for one's soul to engage in killing, fantasy or otherwise.

    But neither do I say that people do not have the right to depict such things, or make them into video games. And everyone has the right to buy such things, if they want them, and to sell them, if they desire. We cannot legislate morality, because it loses the virtue of being voluntary, and ceases to be morality.

    I intend to teach my children that violence is always a terrible thing, even when it is necessary (I am not saying that it is not necessary). I hope that they will choose not to partake of such things, but I do not wish for a law to make that so.

  17. Re:How many more mass murders? by falcon5768 · · Score: 4, Insightful
    and you know what, its that mentality that let it become a scapegoat.

    COLUMBINE WAS BAD PARENTING PLAIN AND SIMPLE

    how do you NOT know your kid has a gun, you have to be a moron to not check up on them. It's your resposibility as a parent to do it.

    you know I grew up in a inner city school, and if someone had a problem , the teachers knew, the parents knew and more importantly they made sure YOU knew they where there. They checked up on you and made sure you where ok.

    reading everything I ever have on Columbine and what do I see, ever single person not caring cause they had other things too worry about. thats why it happened not video games.

    Im sorry but I played doom and quake and wolfenstein from age 8 on, a) my dad was there both cheering me on for kicking nazi ass, and to make sure I understood it was a game. and b) never once though it would be cool to do in real life

    im sorry, but your post is just flame bait imho

    --

    "Slashdot, where telling the truth is overrated but lying is insightful."

  18. Magic Talismans by russotto · · Score: 4, Insightful

    They're trying to use the "minor" word to ward off the First Amendment; as every censor knows, the courts will give lots of latitude in restricting what minors hear and see.

    But they inadvertantly invoked an opposite talisman, that of political speech. A restriction against violent games can be argued to be one of those permissable "time, place, and manner" restrictions, particularly when applied to minors. But a restriction against games with violence _against police officers_ is viewpoint restriction; the viewpoint that cops and other authority figures are scum who ought to be shot is obviously not one most people would want minors exposed to, but it IS a political viewpoint, and thus should be subject to full protection, even for minors.

  19. Re:Regardless of the Laws... by AvengerXP · · Score: 4, Insightful

    Violence is in all of us, and its a basic instinct. I duke it out in Street Fighter or other equivalents, and i have never been in a real "fight". You cant say that because kids play with wooden sticks like guns that they are violent. I played with water guns when i was little, and i havent killed anyone or done anything wrong in my life. Your arguments are dubious. I'm sure you mean well, but you're overprotective.

    --
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  20. Re:How many more mass murders? by redwolfoz · · Score: 5, Insightful

    Bad parenting wasn't the only thing that caused Columbine.

    An endemic problem of systematic abuse was allowed, even encouraged, at the school for decades.

    The high population of evangelical christians at the school felt it was their god-given right to both physically and verbally assault anybody who wasn't a mindless clone. The school authorities allowed this to continue and eventually somebody snapped.

    You kick a dog long enough, don't be surprised if you get bitten.

    --
    and the werewolves came...
    and they ate him...
    and they drank his beer...
  21. Problems with the new legislation by Dukeofshadows · · Score: 4, Insightful

    I find two glaring problems with this bill.

    One, parents should be in charge of their kids, not the government. With more parents off to work, there is less time to ensure that kids have proper guidance and development. This same problem arose during WWII when Dad was at the front or in the factory and Mom was often in the factory too. Latchkey kids spwaning gangs (Zoot Suit Riot, 1943 or 44 in Los Angeles), elevated teen pregnancy rates, runaways, etc. These reports sound familiar to anyone who studies modern urban youth would find the same problems back then. Lack of parenting, whether due to necessity or greed of the parents or whatever else, is the main cause behind the "moral decay" in this country as well as the vast majority of school shootings.

    Two, solving the problems by attempting to legislate morality is both ineffective and dangerous. It is ineffective because the dealers are not going to police themselves if demand is high enough and the stores that sell copies under the table or without ID will prosper, potentially putting the rest out of business or causing them to discontinue the product in question altogether. It is dangerous because it sets precedent for allowing a faction of society to dictate its morality on the people who believe that good intentions will result. Remember, one mildly conservative in the Washington State Senate tried to prevent the teaching of evolution on the basis that it conflicted with Declaration of Independence. (http://www.ncseweb.org/resources/news/2002/WA/978 _new_antievolution_legislation_1_23_2002.asp)

    Thus the potential exists of such a group not only legislating its morality on the rest of the country (Christian Conservatives are trying to do this piece at a time in several states on abortion, science education, etc.) but also to enforce their views in a legal sense*. Note recent laws proposed or passed by AG Ashcroft, Senators Santorum and Representative DeLay et al.

    *Democrats are not innocent of this either, but the tend to use "security" and "equality" as their preferred excuses for violating civil liberties.

    --
    As long as there is a Second Amendment, there will always be a First Amendment.
  22. Nice sig [OT] by optikSmoke · · Score: 4, Insightful

    I'd just like to say, your sig amused me. I can only hope you meant it as a joke, but in any case it made me laugh (as well as make me glad I live in Canada.... but that's another story). In any case, I don't mean to say "right-wing is always wrong" or "left-wing is always right", it just amuses me when "right-wing" pundits or "left-wing" pundits start spouting things off in an undisguisedly biased manner -- the only people they will possible "sway" are the people who already agree with them, so it all boils down to a pointless exercise in ego, or more likely intra-community self-assurance. One of the reviewers on Amazon commented that it's also amusing to read Micheal Moore, but he wouldn't take historical lessons from Moore or the author of the book you are promoting.

    On another note, your use of the ultra-capitalized uber-patriotic "Real Americans" also made me chuckle. Kill the COMMIES! RAH RAH RAH!

    Goodday, and may everyone feel free to mod me into oblivion.

  23. Singling out law enforcement officers by mkweise · · Score: 4, Insightful

    ...makes no sense. If the proponents of this law believe - as they apparently do - that virtual violence causes real violence, why on earth would they stop at protecting law enforcement officers therefrom? In my day, it was women and children that we sought to protect from violence: In fact, I thought that's what we invented police for to begin with!

    Not to mention space aliens: imagine the war that might get started one day, if the first emissary of the Galactic Federation to land on Earth gets his head blown off in an FPS-inspired, xenophobic killing rampage.

    --
    Gentlemen! You can't fight in here, this is the War Room!
  24. Re:..Violent Games by psoriac · · Score: 4, Funny

    They sold another copy?

    --
    I browse Slashdot at +3, Funny
  25. Why pick on retailers? by Rogerborg · · Score: 4, Insightful

    The intent of this law is to stop kiddies getting their hands on CopHunter Xtreme, right? It's not to allow parents to decide, because the State has already a priori decided that CopHunter Xtreme is bad. So, put your legislative balls where your preaching mouth is. Ban all traffic to minors in these games.

    Yes, you heard me. Make it illegal to give a copy to, or allow a minor to play, CopHunter Xtreme. Ban it in the stores, ban it in the home. Give the SWAT teams a break from saving stoners from themselves, and have them kick down doors and drag Susie Homemaker screaming into the street for all to see. Bad Susie! Little Johnnie was sneaking into the basement to play his daddy's copy of CopHunter Xtreme, and you didn't stop him. Bad Susie!

    Remember how we sneered at the Soviet Union for making its citizens spy on and denounce each other? How we scoffed at their culture of denying personal freedom, personal choice, and even the opportunity to accept personal responsibility.

    Now we have retailers who are responsible for their customers going nutso after playing games. Tobacco companies are held accountable for the health effects of a product that the government still refuses to ban. Gun makers are sued for allowing people to uphold their Constitutionally protected rights. Bartenders are held responsible for their patrons' drunk driving. Stores are to blame for ice forming on their sidewalks. We make manufacturers pay (and pass on the bill) to the tune of $350 billion a year for not making their products idiot proof. What's next? Hey, let's go after librarians for not reporting when people take out seditious books. I mean, after USA PATRIOT we can find out anyway, so what are those spectacle wearing subversives doing trying to cover it up, huh? That's wasting valuable State resources, right there.

    ACLU, get with the program. When the state creates or allows laws that make anyone responsible for the actions or potential actions of another, that's a priori infringement of their liberties right there. Lower courts aren't dealing with this. Legislatures aren't dealing with this.

    Let's take it to the Supremes. Let's make it clear once and for all, that you and only you are responsible for your safety and your actions. Warranty not included, disclaimer not necessary.

    --
    If you were blocking sigs, you wouldn't have to read this.