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California Legislature Passes Violent Game Bill

404Ender writes "In a move similar to the passage of a law designed to restrict the sale of violent video games to children in Illinois, California is now awaiting only the signature of Governor Schwarzenegger before a similar bill becomes a law. Does this action signal the start of a disturbing trend of the restriction of First Amendment rights? How can we as gamers fight back against this type of government action?"

218 comments

  1. Restrict the sale to children? by Rayonic · · Score: 4, Funny

    So only children can buy violent games in Illinois? Neat.

    1. Re:Restrict the sale to children? by Dormann · · Score: 2, Informative
      I'm pretty sure it's:

      Restrict (the sale to children)

      not:

      (Restrict the sale) to childern

      (I get the joke, I'm just saying the grammar gets a C+, not a D-)

    2. Re:Restrict the sale to children? by fbjon · · Score: 1
      Yes, the restriction applies to children, and only children.

      Except children in Illinois.

      --
      True confidence comes not from realising you are as good as your peers, but that your peers are as bad as you are.
    3. Re:Restrict the sale to children? by The+Clockwork+Troll · · Score: 2, Interesting

      The other one that gets me is "sanction", which as a verb means to approve or to penalize for, depending on usage.

      --

      There are no karma whores, only moderation johns
    4. Re:Restrict the sale to children? by Fjornir · · Score: 1

      Don't forget "cleave"

      --
      I want a new world. I think this one is broken.
    5. Re:Restrict the sale to children? by neuroxmurf · · Score: 3, Funny

      Don't be stupid. The post is very clear.

      It says that only Illinois children can buy violent video games.

    6. Re:Restrict the sale to children? by XxtraLarGe · · Score: 1
      It says that only Illinois children can buy violent video games.

      Sounds like another Slashdot meme:

      • In Illinois, only children can by violent video games.
        -or-
      • Only children can by violent video games in Illinois.
        -or-
      • In Soviet Illinois violent video games buy CHILDREN!
      --
      Taking guns away from the 99% gives the 1% 100% of the power.
  2. 1st Admendment Rights lost? by gameboyhippo · · Score: 3, Interesting

    Adults will still have rights to play games. It's about protecting the children. I think there is an implied right for parents to protect their kids and if a State wants to reinforce this, then they should.

    1. Re:1st Admendment Rights lost? by jrockway · · Score: 0, Redundant

      So where do we draw the line between rights that only adults can have and rights that everyone can have? Since the legislature has decided that free speech doesn't apply to children, why not remove other rights as well? Why give children any rights at all? Why bother giving them a fair trial if accused of a crime?

      (Now that I think about it, children are already unable to vote, buy "restricted substances", etc. In fact, even those under 21 can't buy alcohol. How ludicrious.)

      --
      My other car is first.
    2. Re:1st Admendment Rights lost? by David+Horn · · Score: 1

      >> So where do we draw the line between rights that
      >> only adults can have and rights that everyone can
      >> have?

      I know. Every child should be allowed to own a gun, too. Get with the times.

      --
      PocketGamer.org - For the gamer on the go!
    3. Re:1st Admendment Rights lost? by The+Madd+Rapper · · Score: 3, Insightful

      As you have (parenthetically) noted, many laws already exist that restrict the rights of minors. Hey, I wish we could change some of them too. Society has decided, for example, that people under age 18 are not capable of knowing what love is and expressing that emotion through sex--at least with another individual who is over age 18.

      I agree with you that this one is wrong. This seems to be a kneejerk reaction to an industry that older generations do not understand and want to control. It smacks of conservative appeasement to the same crowd that watched Natalee Holloway every night. I hope Arnold does not sign this, or that courts do not uphold it--but good luck with that.

      Of course children ought to be protected, but the hypocrisy and inconsistency with which that protection is applied is downright baffling. I guess you can't tell voters it's their own fault.

      --
      That's the shit that feds me up
    4. Re:1st Admendment Rights lost? by Anonymous Coward · · Score: 1, Funny

      But this law doesn't allow adults to "protect" their children from violent games.

      Their children would just go round to the houses of whichever of their friends had the most enlightened parents, and play violent games there. So we need a new criminal offence of "aiding and abetting the playing of EVIL GAMES by a minor without parental permission."

      So then the kids would get their grown-up siblings to buy games for them, keep them hidden, and play them when the clueless parents were out. We'd need a new criminal offence of "procuring EVIL GAMES for a minor."

      So then the siblings wouldn't buy games for the kids any more, but they'd buy them for themselves, and maybe the kids would sneak into their rooms when the siblings were out too and play the games then. So we'd actually have to create a criminal offence of "failing to keep EVIL GAMES under lock and key to prevent minors stealing them."

      For fuck's sake. Even guns don't have that kind of restriction placed on them, and you can kill someone with a gun.

    5. Re:1st Admendment Rights lost? by Retroneous · · Score: 5, Insightful

      Absolutely agreed there. Everybody's crying about a loss of some sort of right, and there's no right going missing anywhere. The government is simply "protecting" kids from stopping them buying violent video games, the same way it stops them from buying adult movies.

      In other words, stop being so damned critical, just because the big, bad government made a new law that doesn't actually affect any of us, unless we're 12.

    6. Re:1st Admendment Rights lost? by Anonymous Coward · · Score: 0

      That's pretty funny.

      The example in my mind was minors in high school and/or college. Whatever comes to your mind is out of my control, although I admit I could have phrased that more specifically. Many states have a lower age, 16, which I find much more appropriate. But I digress.

    7. Re:1st Admendment Rights lost? by Anonymous Coward · · Score: 0

      Hey buddy, in case you didn't know, the goverment doesn't stop kids from buying pornos. The retailers do taht voluntairly. Not caring about something because it doesn't personally affect you is incredibly stupid. Whenver someone's freedoms are eroded, it sets a precedent that affects all us. Do you know how many countless people stood bye and watched the holocust happen and said "that's not affecting me." A real test of weather you truly belive in fundemental rights such as freedom of speech is if you willing to stand up for it when OTHER people are being violated.

      I am tired countless assholes out there like assemblyman Yee who think they are above the consitution.

    8. Re:1st Admendment Rights lost? by HeavyK · · Score: 2, Insightful

      You are wrong about porno thing. The government can regulate the sale of porn to minors as pornography falls under the legal definition of obscenity, and obscenity isn't protected by First Amendment.
      I totally agree with what you said otherwise.

    9. Re:1st Admendment Rights lost? by bersl2 · · Score: 2, Insightful

      Why is an effective distinction not made between the direct application of substances (alcohol, other drugs) and indirect application (pornography, violent video games) through natural processes?

      If it is insisted that access be restricted, surely there is some more finely grained way of going about this, is there not?

    10. Re:1st Admendment Rights lost? by jimmypw · · Score: 0

      What difference will it make? IMO It's bullying thats makes children go nuts and take guns to school.
      For example i have been playing games like gta since it was released, I have played games, duke nukem, doom, quake. And in all this time i have never tried to or even wanted to steal a car, get a gun not to mention shoot anybody.

      I can sort of understand the right to censorship but a game is a game and what bush is doing is very very real...
      Let me ask you... whats worse?

    11. Re:1st Admendment Rights lost? by TheSloth2001ca · · Score: 1

      thats because you are a freak, any normal kid would steal a car, get a gun and shoot people. And that is why this law is needed.

      --
      Just another crappy blog
    12. Re:1st Admendment Rights lost? by Babbster · · Score: 1
      Hey, I wish we could change some of them too. Society has decided, for example, that people under age 18 are not capable of knowing what love is and expressing that emotion through sex--at least with another individual who is over age 18.

      You're either joking or you're a NAMBLA member/supporter. I honestly can't tell which...

    13. Re:1st Admendment Rights lost? by schon · · Score: 1

      Society has decided, for example, that people under age 18 are not capable of knowing what love is and expressing that emotion through sex--at least with another individual who is over age 18.

      Umm, I think you mean "Society IN THE USA has decided.."

      The age of consent varies dramatically in other countries. Of course, these countries don't go into a tizzy when a nipple gets shown on television, either.

    14. Re:1st Admendment Rights lost? by Anonymous Coward · · Score: 1

      The "kids" part is my biggest complaint. Why do people who screw a 17 year old who lied about her age and had fake IDs to "prove" it so she could get into the nightclub get lumped in with the guys who rape 8 year olds? (as an aside, one guy got a "not guilty" for exactly this, the girl had used a US passport on which she had lied about her DOB to get in, afterwards his attourney asked the jury if the government thought she was legal, then how was he supposed to know she wasn't?)

      Hell, why did my friend who mooned the principal on the last day of school get lumped in with all the other "sex offenders"... which cover a huge range of offenses but once you put the sign in your front yard basically stands for "lynch me, I rape little girls!"

    15. Re:1st Admendment Rights lost? by Limecron · · Score: 1

      This is untrue. The age of consent is different in each state. For most it is 16.

    16. Re:1st Admendment Rights lost? by John+Hasler · · Score: 3, Insightful

      If you don't want your children to play such games don't let them do so. They are your children. You control them.

      If I had any children I might want to permit them to play such games. You would deny me the right to decide what is best for my children, just because you are too lazy or inept to control yours.

      Such laws do not affect only children. They make selling the restricted items much more difficult and risky, thus increasing cost and decreasing availability.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    17. Re:1st Admendment Rights lost? by Mr.+Slippery · · Score: 5, Insightful
      The government is simply "protecting" kids from stopping them buying violent video games...

      That's the job of parents. Don't want your kid buying certain games? Great. Don't give 'em the money to do so, and tell 'em they're grounded if they do. Hey, you could even take the game console away if theybring in verbotten games.

      Having the state threated to lock people in cages seems a much poorer remedy.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    18. Re:1st Admendment Rights lost? by Mr.+Slippery · · Score: 2, Interesting
      obscenity isn't protected by First Amendment.

      Oddly enough, I don't recall seeing an "obscenity" exception in the text of the First Amendment. Yes, the government has decided that it has such power, but such decision to exclude "obscene" material is in no way supported by the First Amendment.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    19. Re:1st Admendment Rights lost? by Anonymous Coward · · Score: 0
      From your tone, I'm going to guess that you're still under twenty. Let me know if I'm off.

      Don't worry, kid; you'll grow out of your teen angst bullshit someday.

    20. Re:1st Admendment Rights lost? by Anonymous Coward · · Score: 0

      Good point. I guess I should take back all that money I donated to Katrina victims. After all, my house is still standing. I guess I should stop talking about the gay marriage issue. After all, I'm not gay. I guess I shouldn't help people circumvent the Great Firewall. After all, I'm not in China.

      Since when are the people affected by something the only people who can talk about it? Since when does my opinion become void if I'm not affected by my subject?

      I will be as critical as I want of this law. It is unprecedented, arbitrary, government-led censorship. It throws into question the free speech rights of minors. It invites the legal idea that some media are "freer" than others. Just because it censors people you don't care about doesn't mean it is ethical or constitutional. And even if I were 12 years old (I'm 24), it would not make these complaints any less real or weighty.

      If what you're really getting at is that we should be focusing on the big thing at hand - hurricane relief - then I agree. If you want to say that you don't really care about it, fine. But to say that we should all just shut up because this law only affects the people you disdain is just insulting.

    21. Re:1st Admendment Rights lost? by Anonymous Coward · · Score: 0

      This issue is absolutely no different than not allowing a "child" to buy a ticket to an R rated movie. Minors do not have the rights of adults because they do not share thier responsibility. Minors don't pay thier own way, they do not contribute to society, they instead are given free room and board and free education so they might become productive members of society.

      For the ranting teens, please wake up and realize you do not get a vote by design, a good design. Perhaps more focus on study and less on entertainment would benefit you.

    22. Re:1st Admendment Rights lost? by gameboyhippo · · Score: 2, Interesting
      Why can't I protect my kid from your kid? Your kid is playing a harmful game that desensitizes him to killing. He pulls the trigger in the videogame (unlike a movie). Thus he is desensitized faster. Why does my kid have to be murdered by your child?

      Just because you want to sit on your hands and treat him like a knowledgable adult, doesn't mean that you have the right to make other people suffer at your ignorance. Ever hear the saying, "If only I knew then what I know now." That's what it's about. Giving all kids (Even the ones with bad parents) the right to learn then so that they have a chance in not making harmful descisions.

      Look at smoking for example. Most smokers start when they are underage. They don't know any better and they are still disillusioned to the consequence. You don't hear of a 35 year old adult deciding that he wants to be "cool" and smoke. Let's think about it.

      Finally, it takes a villiage to raise a child.

    23. Re:1st Admendment Rights lost? by twosmokes · · Score: 1

      The government is simply "protecting" kids from stopping them buying booze...

      That's the job of parents. Don't want your kid buying booze? Great. Don't give 'em the money to do so, and tell 'em they're grounded if they do. Hey, you could even take the bottle opener away if theybring in verbotten beverages.

      Having the state threated to lock people in cages seems a much poorer remedy.

    24. Re:1st Admendment Rights lost? by twosmokes · · Score: 1

      Are you seriously comparing an eight year old no longer being able to purchase NARC to the holocaust?

      Wow...

    25. Re:1st Admendment Rights lost? by twosmokes · · Score: 1

      uch laws do not affect only children. They make selling the restricted items much more difficult and risky, thus increasing cost and decreasing availability.

      Right because tobacco, alcohol, guns, and porno are SO hard to get a hold of.

    26. Re:1st Admendment Rights lost? by Anonymous Coward · · Score: 0

      Put another sign right beside it that says "I have this sign because I mooned my principal. Fascism in schools for a brighter tomorrow!"

    27. Re:1st Admendment Rights lost? by Some_Llama · · Score: 1

      " Why can't I protect my kid from your kid? Your kid is playing a harmful game that desensitizes him to killing. He pulls the trigger in the videogame (unlike a movie). Thus he is desensitized faster. Why does my kid have to be murdered by your child?"

      Your kid watches TV that desensitizes him to violence everyday, but where is MY re-course when your kid goes and kills my kid (who got his frustrations out online in a game of CS)?

    28. Re:1st Admendment Rights lost? by BrianTung · · Score: 1

      John Hasler wrote:
      If you don't want your children to play such games don't let them do so. They are your children. You control them.

      This evinces such a malevolent notion of raising children it's hard to believe anyone literally maintains this position.

      Children are not (or at least, should not be) puppets. If you raise them as puppets, you will end up with either a drone, or someone who resents being treated like one.

      Some children will want to buy a violent game, yes. It's the rare healthy adult who never experienced any kind of proscribed "urge." We become healthy adults in part because we learn the consequences of our actions.

      Nonetheless, some consequences are simply too risky, so we decide that it's not a good idea to expose everyone to them. We don't allow children to buy alcohol, because they can get lethally intoxicated on much less alcohol, because they don't have the experience to notice when that's happening, and because if they were able to buy it themselves, it would be a lot harder for us sober, responsible adults (ahem, ahem) to ration that alcohol.

      Violent games may not be as lethal as alcohol, but they're not something I'd want my 10-year-old to play. By restricting their purchase to adults, I reduce the number of places I have to watch from "all video game stores" to "any home console I'm not familiar with." The second set is much smaller than the first. At the same time, your ability to furnish the same games to your child is not very restricted at all, unless you are so busy that you cannot make it out to a video game store.

      Since you are posting on slashdot, I presume that isn't the case.

    29. Re:1st Admendment Rights lost? by criminy · · Score: 1

      If you don't want your children to play such games don't let them do so. They are your children. You control them.

      That is exactly the point. Allowing them to purchase these games without your involvement removes that control.

      If I had any children I might want to permit them to play such games.

      Then buy the games for them, and let them play them. Use their money if you have to. What aspect of your behaviour as a responsible parent is being infringed here?

      You would deny me the right to decide what is best for my children, just because you are too lazy or inept to control yours.

      No, allowing children to make these purchases without your involvement is denying your right to decide what is best for your children. You have it backwards.

      Such laws do not affect only children. They make selling the restricted items much more difficult and risky, thus increasing cost and decreasing availability.

      Get over it. Many items have sales restrictions on them. Alcohol, fireams, tobacco, prescription medicines and cinema tickets are all examples. This is no different (particularly with the case of cinema tickets).

    30. Re:1st Admendment Rights lost? by Mr.+Slippery · · Score: 1
      The government is simply "protecting" kids from stopping them buying booze...

      Everyone who never had booze before they reached legal age, raise your hands. Ah, I see .001 percent of /.'s hands in the air. Great job of protecting the kids, there.

      On the other hand, by providing examples of responsbile alcohol use, and guiding a young person's initial experiences with it (wine at a holiday dinner, a beer with Dad), parents can do a pretty good job of "protecting" kids from developing abusive drinking patterns. Making a criminal out of a parent who gives a teen a glass of wine, or out of a college freshman who has a beer, is foolish and only encourages unhealthy drinking patterns, including intoxicated driving.

      Substituing "booze" for "violent video games" makes an even stronger argument.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    31. Re:1st Admendment Rights lost? by Harry+Coin · · Score: 1

      Why can't I protect my kid from your kid? Your kid is playing a harmful game that desensitizes him to killing. He pulls the trigger in the videogame (unlike a movie). Thus he is desensitized faster. Why does my kid have to be murdered by your child?

      Remember, playing violent video games == murderous child. That's why youth violence is so out of hand. Oh wait, youth violence is at a 25 year low, despite the fact that more children play videogames now than ever in history. If you're more worried about video games than drugs, crime, and gangs, then it's likely that you are the mediocre parent. While videogames are more interactive than television, movies, books, and music, it's only a difference of degree, not kind. If your child is murdered, it will almost certainly be by someone of low intelligence, who is below the poverty line, likely gang-involved, who has probably seen more real violence in their life than any game could provide, no matter what the TV tells you.

      Just because you want to sit on your hands and treat him like a knowledgable adult, doesn't mean that you have the right to make other people suffer at your ignorance. Ever hear the saying, "If only I knew then what I know now." That's what it's about. Giving all kids (Even the ones with bad parents) the right to learn then so that they have a chance in not making harmful descisions.

      This, of course, has nothing to do with the bill in question. It won't stop parents from buying games for their kids. I imagine you'd like to make that a crime as well.

      Look at smoking for example. Most smokers start when they are underage. They don't know any better and they are still disillusioned to the consequence. You don't hear of a 35 year old adult deciding that he wants to be "cool" and smoke. Let's think about it.

      Oh yes, fantastic argument. Smoking and homicide are perfectly analagous. You don't hear of 35 year old adults deciding he wants to be "cool" and blow away the Human Resources department. Airtight logic, that.

      Finally, it takes a villiage to raise a child.

      My child will be fine if I can keep you goddamn superstitious villagers away from her.

      --
      That's pre 7-11 thinking....
    32. Re:1st Admendment Rights lost? by Discopete · · Score: 1

      Did you read the law?

      As written it does not stop a parent or guardian from exposing their own children to these games, what it does is stop them from exposing other children. Exactly what you are asking for.

      The problem comes in when a teenager whose parents allow him/her to play these games invites a friend over for a multi on his/her new xbox 360. As the friends parent did not give explicit consent for him/her to play that exact game, the parents can and no doubt will bring the original childs parents up on charges under this law.

    33. Re:1st Admendment Rights lost? by Anonymous Coward · · Score: 0

      Why can't I protect my kid from your kid? Your kid is playing a harmful game that desensitizes him to killing. He pulls the trigger in the videogame (unlike a movie). Thus he is desensitized faster. Why does my kid have to be murdered by your child?

      You are so full of shit it is scary. People don't murder unless there is something really wrong with them. Not because of a fucking videogame

      Finally, it takes a villiage to raise a child.

      So you believe the "village" has the right to play parent - and use the force of "law" (codified FORCE) to override the actually parents. Fuck you - go to some 3rd world banana republic - here in the US we believe in individual rights - I bet you'd call Child "Protective" Services (aka child stealers) if you knew of someone who let their kids play "bad" games so their kids could be taken away, they could be legally declared to not be parents of their own child and the child put up for adoption and then actually mistreated by a family that doesn't love them but is "politically correct".

    34. Re:1st Admendment Rights lost? by Anonymous Coward · · Score: 0

      Why can't I protect my kid from your kid?

      Can I protect my kid from your kid by forbidding you to teach him about Christianity?

      The Old Testament is full of dogma that explictly supports a slavekeeping culture. For nearly 1,000 years, the people of Europe bowed (by force, when necessary) to the Pope who crowned their Kings, who ruled the people by God's Divine Right. The harmfull effects of the Bible are unquestionable.

      Should I be therefore allowed to forbid you to teach your child about religion freely?

      Why does my kid have to be murdered by your child?

      Why should my child be enslaved by your child?

      Just because you want to sit on your hands and treat him like a knowledgable adult, doesn't mean that you have the right to make other people suffer at your ignorance.

      Despite all the hazards of dogma and religion, we still have freedom of religion. Despite all the abuses that free speech risks, we still allow freedom of speech. Why? Because without them, we don't have any freedoms at all...

    35. Re:1st Admendment Rights lost? by rhombic · · Score: 1

      You are such an idiot I don't even know where to start. I'm not worried about protecting my kid from video gamers, I just hope I can protect him from self-rightous fundie neo-cons.

      I don't "sit on my hands", I have and continue to teach him the difference between fantasy and reality. I've also taught him compassion and care for his fellow human beings, and how to think critically about the choices in his life. And I thank FSM that he's being raised by me and my wife and all of our friends here in our city, and hell and gone away from your villiage.

      --
      1984 was supposed to be a warning, not an instruction manual.
  3. California? by Caiwyn · · Score: 3, Interesting

    Wow, not what I'd expect from California... it will be interesting to see how that goes now that the gay marriage bill has been vetoed in the name of public opinion. The populace continues to surprise.

    1. Re:California? by Schemat1c · · Score: 2, Funny

      Wow, not what I'd expect from California... it will be interesting to see how that goes now that the gay marriage bill has been vetoed in the name of public opinion. The populace continues to surprise.

      That's because all of the intelligent people in California have sold their homes to people stupid enough to pay obscene prices and have moved the hell out of there before the whole state implodes upon itself.

      --

      "Nobody knows the age of the human race, but everybody agrees that it is old enough to know better." - Unknown
    2. Re:California? by Guppy06 · · Score: 2, Insightful

      Considering that "the public" is never asked for their opinion beyond "Republican or Democrat?" I don't see how you can pin this one on them so easily.

      Also, I find it amusing that a governor elected by a plurality believes he's more connected to public opinion than any legislative body.

    3. Re:California? by manno · · Score: 1

      Hey man that hurts, cause it's just as bad if not worse here in Miami, and I'm still toughing it out. I've reconciled the fact that I'll be living in an apartment for the next 25 years where by the time I'm 51 I'll finally be able to afford a down payment on a house in a market that's climbing away from me at 25% a year. No joke, my boss bought a cheap house in a flood zone for 260k, it's gone up in value $150k in 2 years. A house across the street from him same square footage, but brand spanking new just sold for over 500k. These are modest homes not palaces.

      The situation both sucks, and blows. I saw a 800sq foot S*%t hole condo, not house, in a crappy neighborhood sell for 190k the other day. 800sq feet. That put a damper on things that day. It just plain sucks here. Anyone need a construction consultant outside of the greater Miami area? Employers from California, New York, or Boston need not apply. The sad fact is that I'd actually consider moving, where two years ago that would of seemed funny to me.

      -matt

    4. Re:California? by raju1kabir · · Score: 1
      Considering that "the public" is never asked for their opinion beyond "Republican or Democrat?" I don't see how you can pin this one on them so easily.

      You're talking about California, where everything down to the brunch menu at the Governor's Mansion is decided by ballot measure?

      --
      "Patriotism is your conviction that this country is superior to all other countries because you were born in it." -- GBS
    5. Re:California? by YomikoReadman · · Score: 1

      So I guess you're saying that if my state congresscritters also attempt to pass legislation similar to this, I should refrain from writing them to give my opionion?

      If that's the case, then I say you're full of shit.

      --
      I have no regrets, this is the only path.
      My whole life has been "UNLIMITED BLADE WORKS"
    6. Re:California? by Anonymous Coward · · Score: 0

      What the fuck is a construction consultant?

  4. How does this restrict free speech? by DreadPiratePizz · · Score: 4, Insightful

    Just how does a measure like this restrict free speech? Kids are no longer allowed to purchase violent video games, yet this does not make the sale or manufacture of such games illegal.

    Furthermore, I don't see what harm can come of this law. All it will do is make sure a parent checks out the games they buy their children. Sure kids might still be able to get such games, but it's better than no law at all.

    1. Re:How does this restrict free speech? by HeavyK · · Score: 1

      " Just how does a measure like this restrict free speech?" Uhh, maybe because minors have a right to free speech buddy.

    2. Re:How does this restrict free speech? by alvinrod · · Score: 4, Insightful
      I have to agree with you here. This can only really be a positive thing for the industry as a whole. Perhaps if 14 year olds aren't playing Manhunt and Grand Theft Auto, people will get off the backs of the industry. There will still probably be groups that like to complain about the content of video games, but at least the industry will be able to say, "Obviously this is not content for young children and there are laws preventing them from buying this game. So the only way the could acquire it is through a parent buying it or an adult purchasing it for them. I think you should take some innitiative as a parent and make sure that you don't buy them violent video games or that you should keep an eye on what they're playing in case someone else has purchased it for them."

      I think there's plenty of room in the market for video games featuring more adult oriented content. Video games aren't just for children any more, and at some point (if not already) the number of adult gamers will surpass the number of children gamers. These people need more contend than Mickey's Counting Adventure.

      To those who would suggest banning games or at least violent, aldult-oriented games I would like to point out that there are similar movies that are made, books written. Not to mention pornography, alcohol, and cigarettes. Some of these obviously aren't for small children, but the society has somehow managed to survive even though these "evils" are widely available. People usually don't go around giving their kids beer, cigarettes, and violent movies, so why should games be any different?

      Preventing minors from buying certain games might cut into the sales figures a little, but let's face it, if a minor really wants to play that game, they'll get a hold of it somehow. Much the same way that minors get beer, smokes, porn, or just about anything else they really want like illegal drugs.

      Such a law is really a step forward, but like many other laws to protect minors from certain things, it won't be completely effective. The only real way to stop people from having access to content that might not be appropriate for them is to make sure that content is not produced. However, if you think that I'm going to give up GTA and other M rated games just so the 1% of the popultion that thinks such things are absolutely evil can be satisfied, then you have another thing coming.

      I'm willing to meet these people half-way and agree with them that not all games are appropriate for children or should be able to be purchased by these children. However, they should also meet the rest of the world half way and realize that we have the freedom to produce and buy such things. Until then, there will always be some sort of a squable over "objectionable content" in video games.

    3. Re:How does this restrict free speech? by FidelCatsro · · Score: 2, Insightful

      Well it does restrict to a certain extent the rights of parents .If i want my Hypothetical children to buy Violent computer games , then that should be my right as a hypothetical parent to decided.
      Laws enforcing the right way to parent your children are a restriction .

      Sure you could still go buy it for your child , but you are now not allowed to let your child have the responsibility to choose based on your parenting.

      Who else has the right to say what is suitable for your child .

      --
      The only things certain in war are Propaganda and Death. You can never be sure which is which though
    4. Re:How does this restrict free speech? by poopdeville · · Score: 1

      Indeed they do. The right to say what you want does not imply the right to buy what others have "said." For example, porn is restricted too.

      --
      After all, I am strangely colored.
    5. Re:How does this restrict free speech? by agraupe · · Score: 1

      If I had a mod point for you, I would give it. This is bizarre logic, but it makes sense once you wrap your head around it. I'm going to use this argument from now on, if you don't mind.

    6. Re:How does this restrict free speech? by FidelCatsro · · Score: 2, Insightful

      Thank you ; I would have no problem with anyone using my argument .
      At first it does seem a bit bizarre , but i do like to stay strong my views about personal freedoms .
      I may not think it is the best idea to let your children have access to some games when they are rather young , but it is not my place to decide .

      Let people decide based on their own experiences , the knowledge they have of the development of their children. Advice and discussion is always welcome : it's restrictions that I have a problem with.
      Change a persons views with words , not by force.

      --
      The only things certain in war are Propaganda and Death. You can never be sure which is which though
    7. Re:How does this restrict free speech? by MoonBuggy · · Score: 1

      I'm not even going to step in to agree or disagree, I'm just going to point out that there is already a precident on saying what is unsuitable for your hypothetical child/teenager: they can't buy porn, even if you as a parent decide that it's acceptable for them to do so. Alcohol too, although that's in a different league I guess - still could be argued as a matter of whether the teenager is responsible enough or not though.

      Like I said, not condemning or condoning, just saying that this is not the first time.

    8. Re:How does this restrict free speech? by Have+Blue · · Score: 1

      The way you express your belief that violent games are suitable for children is by letting them play the games. How the games were acquired doesn't really enter into it. If you want your children to play violent games, get involved with their lives long enough to figure out what games they want and go with them to buy them.

    9. Re:How does this restrict free speech? by Bastian · · Score: 1

      Agreed. That, and it's really nothing new. There have always been classes of speech to which children are not privy. I'm sure plenty of states have similar restrictions on the sale of R-rated movies to children. And the Supreme Court has ruled that children leave their free speech at the door when they go to school.

      Frankly, I can respect that. I think it's fair for parents to be allowed a chance to at least try to restrict their children's access to certain kinds of information.

      (Though I gotta admit, there are some definite limits - I fully support gay kids getting a hold of support materials despite their phobe parents' wishes, for example - but I have no idea where exactly those limits are.)

    10. Re:How does this restrict free speech? by amliebsch · · Score: 1

      I'm not at all convinced that computer games are or ought to be considered "speech," even for First Amendment purposes.

      --
      If you don't know where you are going, you will wind up somewhere else.
    11. Re:How does this restrict free speech? by Sancho · · Score: 1

      RFID implants would solve this. You could program what your child is allowed to do into the chip in his or her hand and then stores could be required to adhere to that. Honestly, that's the only way your solution would work.

      The reason? Ok, let's say I don't want my kids playing violent video games, which is probably a fair thing to say of the majority of parents in the US, given who they voted into Office (the "moral" candidate). There are 8 hours a day during which I have absolutely zero control over my kid's life, period. If I'm going to give them any freedom whatsoever, they'll have a little more than that. That's a good chunk of their lives that they could use to acquire these video games without my knowledge.

      It'd be nice to think that all our kids could be home-schooled and that we could all be deeply involved in their lives, but that's not the way our culture works. Most parents in the US rely on strangers to raise their kids. They rely on movie theaters enforcing movie ratings, laws restricting the sale of other items to their kids. It's pretty deeply ingrained in our society, given the pressures to reproduce along with the pressure to own many things and have creature-comforts. The combination doesn't allow for most families to have a single income-earner.

      Now I think the above is crap. If you can't have time for your kids, you shouldn't have them. But that's not the culture around here.

      (For anyone who will claim that you can just raise a child to obey you, I'll call bunk. I've seen kids "raised right" that were right little shits as soon as they were out of their parents' sight. Sometimes it's hard to "raise them right", and it's not like the gov't requires a license to become a parent or anything)

    12. Re:How does this restrict free speech? by NanoGator · · Score: 1

      "Sure you could still go buy it for your child , but you are now not allowed to let your child have the responsibility to choose based on your parenting."

      What really rubs me the wrong way about it was that I was 16 when I had my first car and my first job. My dad trusted me with the car. I earned that trust. He didn't have a problem with me playing Mortal Kombat, either. Why? I was a good kid. (i.e. I never got into fights or anything like that.)

      I had the means to get the game, I even had the trust of my parents to play it. In that example, I would have been inconvenienced. And yeah, it would have felt like the mean ol' gov't was trying to 'protect' me even though it didn't even know me.

      I really don't think it's cool. The age is too high and I really don't see a problem getting solved here. The loudmouths trying to take Rockstar down, for example, aren't trying to take it down because a bunch of kids have played violent games and ruined the world. They are noisy because, in their narrow view, they think it'll happen and they acted on an unsupported intuition. That bugs me. That really bugs me.

      I guess what I'm saying is that the law itself doesn't bug me (it beats games getting flat out banned) but I cannot imagine it being the last step. It's amazing how passionate people get when they're ignorant.

      --
      "Derp de derp."
    13. Re:How does this restrict free speech? by Pseudonym · · Score: 1

      As interesting as this argument is, it's a bit of a stretch to call this scenario a restriction on free speech. A restriction on "free parenting" (whatever that means), perhaps, but not free speech.

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    14. Re:How does this restrict free speech? by ConceptJunkie · · Score: 0, Flamebait

      Just how does a measure like this restrict free speech?

      Because on /. anything that interferes, however tangentially, with the any of preferred pastimes (however vulgar or pointless) of some overweight, socially stunted, acne-bespeckled computer geek living in his parents' basement is an attack on our sacred God-given right of free speech.

      In other words, it restricts free speech as much as your parents grounding you for forging a "B" out of a "D" on your report card: None at all.

      Remember, this is the crowd that argues: "Hardcore porn never hurt me so there's nothing wrong with it."

      Or, "Kids will make intelligent choices on their own and parents shouldn't interfere."

      And simultaneously, "Parents should take repsonsibility for their kids, but everyone in society has the right (or even duty) to undermine parents at every turn."

      All these arguments, commonly heard in these parts, are the well-considered opinions of people who have no experience with the real world.

      --
      You are in a maze of twisty little passages, all alike.
    15. Re:How does this restrict free speech? by Anonymous Coward · · Score: 0
      I don't think that laws like this are really amied at people like you, the good kid, who are really almost responsible adults at an age before they are legally considered adults.

      In some cases people are mature and can take on the real world at a younger age. I had an uncle who left home at 16, got his own house, a job and did just fine on his own. On the other hand, there are some people who are legal adults and are clearly not ready to be thrown into society at large.

      In any case, these laws are aimed at the young kids who really shouldn't be playing video games like Mortal Kombat. Just as there may be 16 year old kids that can treat consuming alcohol with responsibility, there are many out there that can't. The same holds true for just about anything, be it games, alcohol, freedom of speech, etc.

      This law isn't for the parents out there that keep a watch on what their kids do or the games the play, it's really for the parents who don't and society as a whole. When parents don't parent, someone has to do it for them or the little monsters they birth only turn out worse. Unfortunately, this ultimately falls to the government, especially when some people ask for it this way. No matter what administration is in office, a government responsible for the upbrining of the nations children will always fail if for no other reason than there's no sense of connection between the two groups. It's as though both groups really don't care about each other. It's really hard to do well at a job you probably didn't want in the first place and could almost care less about considering other problems you have to deal with.

      The cold hard truth is that until everyone takes care of their responsibilities, laws like this that limit the freedom of Americans need to be put in place. Whether or not games like GTA are "murder simulators" is debatable, but I'd feel a lot better if 14 year old weren't playing games without supervision where it's fun, cool, and encouraged to kill people, occasionally for no real reason. 999 out of 1000 might be fine playing it, but that 1 who isn't really ruins things for everyone else when they do something stupid.

    16. Re:How does this restrict free speech? by alan_dershowitz · · Score: 1

      Your rights aren't being restricted, you're being inconvenienced because you have a different parenting opinion than a lot of people. At a certain point, societies are about shared values that have to be protected if the society is going to work. If you really have a different opinion, you just have to personally assert this fact, rather than stores just letting kids buy violent video games, alcohol or pornography.

      I don't think this is a rights issue. Being in the minority always has disadvantages associated with it, and this is one of those cases. You still can raise your kids however you want, but because you are in the minority, someone is always going to ask you "are you sure?"

    17. Re:How does this restrict free speech? by Rocketship+Underpant · · Score: 1

      "Just how does a measure like this restrict free speech? Kids are no longer allowed to purchase violent video games, yet this does not make the sale or manufacture of such games illegal."

      People who say this law restricts free speech are on the right track, but citing the wrong reason.

      The law is wrong because it is yet another restriction on free enterprise - the right of free human beings to buy and sell their own property. The sale of a videogame is a contract between the seller, the buyer, and the buyer's guardians if the buyer is a child. The transaction doesn't involve the state at all, so the state shouldn't interfere. Moreover, once the state gets its foot in the door, it has an excuse to begin monitoring and auditing sales, assess "fines" if it needs more money, and even add political or religious censorship down the line.

      It's up to parents to monitor their children's purchases, and competent parents can do it already just fine without extra laws.

      "Sure kids might still be able to get such games, but it's better than no law at all."

      No, a stupid law is *always* worse than no law at all. It's simply another way of using force to make regular folks' lives more difficult. The politicians instituting the law aren't doing it out of benevolence; they're doing it to further their own careers, to get some photos of themselves in the paper, to provide more work for their pals in the bureaucracy, and to further the general growth and intrusion of the California government.

      --
      He who lights his taper at mine, receives light without darkening me.
    18. Re:How does this restrict free speech? by nine-times · · Score: 1
      I agree that it doesn't seem so bad. However, being the sort that doesn't like to involve the government where it's unnecessary, I'd prefer to see stores take it upon themselves to create/enforce stricter policies about selling rated-M games to minors.

      If GameStop/Bestbuy/etc. would require that you be over 18 to buy it, and further issue a warning at purchase (like a statement from the cashier or even a sticker on the box), then these laws wouldn't be necessary.

    19. Re:How does this restrict free speech? by steveo777 · · Score: 1
      By the same token you could argue that you, as a parent, should be allowed to allow your children to buy guns/R or X movies/cigarettes/booze and other dangerous things at a younger age (if we concretley stick videogames in these 'vice' catagories).

      The thing is, parents may believe thier child is developed enough moraly, intulectually, and physically to handle a gun/dirty movies/cigarettes/booze, but that doesn't make them right.

      I don't care what anyone says. Everyone at every age is impressionable. Children are very impressionable. I'm not going to point fingers or call names, but I don't beleive these psycologits that think they can tell me my child was born with genes to fail/win or whatever.

      I'm getting off-topic. Videogames are like movies except that you control them and that makes them even more impressionable on the player, therefore, if you can restrict movie admitence, then you must be allowed to restrict the games they play. Legally, or parently. The laws are to keep the parents who don't pay any attention to their kids (somewhere over 60%, I'd wager) from making another mistake.

      --
      This sig isn't original enough, it's time to come up with something witty...
    20. Re:How does this restrict free speech? by zerocommazero · · Score: 1
      It's in Gamestop/EB/any store's best interest to sell to anyone who has money. They won't restrict a purchase by being asked to card customers. They need to be told. And in this case, the best way to tell them and make sure they adhere is to make a law.

      The ESRB sounds like a good idea on paper. But the critical flaw is that they have no power. Having coporations (yes, i said corporations since the gaming industry is a multi-billion dollar industry)"police" themselves is a sham.

      They can rate a game whatever they want. That doesn't stop a kid from buying the new GTA game at his local game store.

      As much as it pains me to admit, you need some small laws like this to get rid of the grey area that the media/politicians/activists use for news spin.

    21. Re:How does this restrict free speech? by nine-times · · Score: 1
      It's in Gamestop/EB/any store's best interest to sell to anyone who has money. They won't restrict a purchase by being asked to card customers. They need to be told. And in this case, the best way to tell them and make sure they adhere is to make a law.

      Is it illegal for movie theatres to sell tickets to rated-R movies to minors? I didn't think it was, and yet I've seen movie theaters do it.

    22. Re:How does this restrict free speech? by Coltman · · Score: 1

      Well, as much as I want this to make sense, it just cannot be used. Replace 'Violent Video Games' with 'Prostitute' or 'cigarettes'. And I am sure that you have enough arguments to use when those two come up.

      /not a troll, just pointing my opinion

      --
      - my $.02? - you can't have it...it's all I have!!
    23. Re:How does this restrict free speech? by oliverthered · · Score: 1

      I agree, infact I think we should completely remove schools from the system and burn all the books in case people get a clue....

      What's wrong with people giving other people a clue when it clearly appears to be missing? Child care isn't some mysterious thing like 'God' and people defiantly need to be educated instead of letting them fuck up.

      I think one reason why parents don't care what their kids buy is because they used to watch R rated films when they were younger and they didn't all turn into mass murders, and that's fair enough (they'll probably talk to their children more too) but the people who just use those things as baby sitters defiantly need to get a clue, enforcing age controle doesn't prevent 'children' from seeing 'adult' material, it does make sure the parents have some kind of clue.

      --
      thank God the internet isn't a human right.
    24. Re:How does this restrict free speech? by FidelCatsro · · Score: 1

      Forcing advice and views on someone is not something i would want to be party to .
      Irresponsible parents will be irresponsible parents no matter the law , So why should they care about a silly age rating.
      The only people who will suffer because of this are good parents , the bad parents wont suffer as they don't care

      --
      The only things certain in war are Propaganda and Death. You can never be sure which is which though
  5. Maybe you should re-read the constitution. by BaronSprite · · Score: 3, Insightful

    I don't know about you but I fail to see any violations. This is in place to prevent the sales of M+ video games to minors. It's the same as restricting them in R rated movies. If a kid really wants a violent video game then I guess they are just going to have to prove to their parents they are mature enough to have it and the parents will buy it for them. Atleast in a perfect world.

    1. Re:Maybe you should re-read the constitution. by HeavyK · · Score: 2, Informative

      The MPAA rating systme isn't inforced by law. It's voluntary just like the ESRB. And that's the way it should be.
      Also minors DO have First Amendment rights. So this law does have to do with free speech and the constitution.

    2. Re:Maybe you should re-read the constitution. by Anonymous Coward · · Score: 0

      No law restricts R rated movies. Those restrictions are put in place by the movie theater associations. (to add to my credibility, I spent 3 years working as ticket sales in a theater.)

    3. Re:Maybe you should re-read the constitution. by Surt · · Score: 1

      Minors have first amendment rights, which have to do with the right to speak, not the right to hear. This law restricts their right to hear. I'm fairly sure that minors will still be able to develop and publish all the violent video games they desire.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    4. Re:Maybe you should re-read the constitution. by poopdeville · · Score: 1

      Awww, poor baby. You put me on your foes list. What about my first amendment rights, bitch?

      --
      After all, I am strangely colored.
  6. Perhaps a More Efficient Way... by SpottedKuh · · Score: 3, Insightful

    ...would have been to simply enforce the "AO" rating given out by the ESRB. Why invent your own sticker and everything?

    I mean, it's already enforced that children in the US cannot enter a movie rated NC-17 (no one 17 or under is admitted). Why not simply implement a similar rule that children 17 or under cannot buy AO games?

    Beyond that, obviously, it's up to the parents to show a little responsibility, and maybe learn what the different ESRB ratings mean. Then, they can supervise what games their kids are buying, and make informed choices as to whether or not to allow it.

    1. Re:Perhaps a More Efficient Way... by k_187 · · Score: 1

      yes, but my guess is that they don't want to apply this to the AO games, its the M games (GTA et al...) that they're gonna throw this on. there are very few games that get an AO. The major chains don't even carry them. Usually if a game's gonna get that rating, they'll just bypass the ESRB anyway.

      --
      11 was a racehorse
      12 was 12
      1111 Race
      12112
  7. Well, this will be an obvious success by Ieshan · · Score: 3, Funny

    I mean, Schwartennegger has never made any violent media in his days.

    Even Those from his last movie.

    1. Re:Well, this will be an obvious success by SpottedKuh · · Score: 1

      I mean, Schwartennegger has never made any violent media in his days.

      Unfortunately, if he passes the law, there's no way to mod him "-1: Hypocrite"

    2. Re:Well, this will be an obvious success by despisethesun · · Score: 1

      Yes there is. It's called an election.

      --
      This poo is cold.
    3. Re:Well, this will be an obvious success by k_187 · · Score: 4, Insightful

      yes, but there was also a mechanism in place that restricted access to that violent media.

      --
      11 was a racehorse
      12 was 12
      1111 Race
      12112
    4. Re:Well, this will be an obvious success by mobby_6kl · · Score: 1

      Just as there is such a mechanism now.

    5. Re:Well, this will be an obvious success by dq5+studios · · Score: 1

      Not a legal mechanism, just an industry agreement. That's the difference. It's not against the law for a minor to see a R rated movie unacompanied, it will be against the law for a minor to buy an equivalently rated game now.

    6. Re:Well, this will be an obvious success by Dutchmaan · · Score: 1

      "Not a legal mechanism, just an industry agreement. That's the difference. It's not against the law for a minor to see a R rated movie unacompanied, it will be against the law for a minor to buy an equivalently rated game now."

      Actually if you're going to make a movie comparison, the AO rating for games would be comparible to the NC-17 rating for movies.

  8. Attack of the awful English by Bogtha · · Score: 3, Insightful

    In a move similar to the passage of a law designed to restrict the sale of violent video games to children in Illinois, California is now awaiting only the signature of Governor Schwarzenegger before a similar bill becomes a law.

    Wouldn't it have been much clearer to simply write "California is about to pass a bill restricting the sale of violent video games to children?"

    How can we as gamers fight back against this type of government action?

    Get one of your parents to buy it for you.

    Seriously, everybody harps on about parents taking more responsibility, but as soon as a law that is intended to help them do this is passed, people forget about that. The only people who are prevented from playing violent video games by this law are children whose parents do not want them to play violent video games. That seems perfectly reasonable to me.

    --
    Bogtha Bogtha Bogtha
    1. Re:Attack of the awful English by merreborn · · Score: 1

      The only people who are prevented from playing violent video games by this law are children whose parents do not want them to play violent video games.

      Not quite. Under this law, if I want to buy my kid a copy of GTA, I actually have to go to the store and buy it myself.
      Whereas *without* this law, I can just tell little Johnny, "Yes, I think that at age 17, you are old enough and mature enough to play GTA. Feel free to go pick a copy up on your way home from school." Similarly, I can tell him "No, Johnny, I don't want you playing GTA, and if I find a copy in this house, you will be grounded"

      Of course, GTA is an extreme example -- but who knows where the line will be drawn? Will I have to be physically present to purchase a copy of "Final Fantasy XXI: Tidus and the Sword of Electric Boogaloo" for my 16 year old?

      The only benefit I see of this law is an attempt at keeping violent games out of the hands of kids with lazy parents -- but it even fails at that: how does it prevent Johnny from trading games with kids at school?

  9. yes, it's absurd by rebug · · Score: 5, Insightful

    Why can't my five year old drive himself to school? Why is he not allowed to spend his allowance on handguns and alcohol?

    Oh, that's right, because he's a child. Is the adult/child distinction unclear to you for some reason?

    --

    there's more than one way to do me.
    1. Re:yes, it's absurd by ghettoimp · · Score: 1

      How about, why can't my *fourteen* year old drive himself to school? Why is my *seventeen* year old not allowed to spend his *paycheck* on handguns and alcohol? A five year old is one thing, but calling everyone under 18 a child and lumping them into the same category... that's quite unfortunate, and it goes to the heart of why this (and the other examples you cite) are bad laws.

    2. Re:yes, it's absurd by TeraCo · · Score: 1

      So, what's the alternative? Have a bureau of maturity that ranks everyone every few weeks? The funniest thing I noticed as I left high school was the fact that the 'most mature' were only ever a few seconds away from snapping for a wide variety of reasons.

      --
      Not Meta-modding due to apathy.
    3. Re:yes, it's absurd by Anonymous Coward · · Score: 0

      Right on rebug! Children should not be allowed to do things that they are not mature enough to understand the ramifications of and make responsible decisions for.

      That's why the driving age should be raised to 28, the drinking age should be raised to 65, a valid death certificate should be required to buy cigarettes, it should be illegal to have sex until age 30, and the age limit for buying scary violent video games should be set at 8 (since violent video games do not affect future behaviour, but they can give kids nightmares). Children who don't see the bigger picture should not be permitted to post on slashdot either.

    4. Re:yes, it's absurd by Anonymous Coward · · Score: 0

      False dilemma fallacy. The alternative is a government that is age-agnostic with regard to regulating the media. In other words what we have now, with the glaring exception of this law.

      Your opinion of your friends has no bearing on the issue of justice.

    5. Re:yes, it's absurd by gameboyhippo · · Score: 1

      Because it's bad enough having those immature 16 year olds out on the road. I sure don't want a 14 year old driving. And if the majority of voters with me, then so be the will of the State. In my state, you have to be 18 to get a full license.

    6. Re:yes, it's absurd by Shaper_pmp · · Score: 2, Informative

      "How about, why can't my *fourteen* year old drive himself to school?"

      If you need an explanation for this, you're either trolling, making a joke or need to get your head examined.

      We have enough problems on the roads currently with supposedly mature, otherwise-sensible grown adults who drive stupidly, drive drunk, drive without insurance or in unfit vehicles, and your solution is what, to open up driving to people even less mature and sensible?

      And that's leaving aside the implications of putting half a ton of speeding metal in the hands of young adolescents, who clinical studies have shown routinely suffer from a measurable loss of co-ordination and judgement during puberty.

      I agree that treating someone who's 17 and 11 months the same as someone who's 2 1/2 is stupid, but we don't. Instead (eg, with film certifications) we carefully degrade rights as the age gets younger, to allow for the progressive drop in maturity, experience and responsibility.

      Everyone knows a wise-beyond-his-years 17 year-old, and everyone knows a pathetically immature 40 year-old. However, two extreme and discrete data points doesn't constitute a valid basis for a rule which applies to everyone.

      We can either lump people into rough groups based on age, and set rules which are fair for the majority of that group, or we can institute a draconian "citizenship examinations" scheme, where everyone has to pass additional specific "maturity" tests to gain rights like freedom of speech and association, voting, licence to drive a vehicle or own a handgun, licence to drink, etc, etc, etc.

      Legally, politically, culturally, ethically (who sets the rules? Who defines "maturity"?) and bureaucratically this is clearly a non-starter, so what's your alternative?

      It should also be noted that I'm not unsympathetic to your point - I'm only 25, and remember what it was like to be (apparently an unusually mature) 18 quite clearly. I'm also fully aware of how much further I've matured even since then, and the thought of the average 14 year-old I know pissed-up, with a gun, behind the wheel of a car is terrifying.

      --
      Everything in moderation, including moderation itself
    7. Re:yes, it's absurd by MisterMurphy · · Score: 1

      As someone who tests well, I am personally in favor of the draconian citizenship exams. I look foward to my Citizen+ account, with added rights such as the Right To Party, and the Right To Kick Prats In The Teeth.

    8. Re:yes, it's absurd by TeraCo · · Score: 1
      The alternative is a government that is age-agnostic with regard to regulating the media.

      Multimedia can be just as dangerous as guns, drugs or alcohol though. You'll realise this when your favourite religious extremist is down your local primary school handing out 'god hates fags' literature.

      --
      Not Meta-modding due to apathy.
    9. Re:yes, it's absurd by Anonymous Coward · · Score: 0

      I agree, and right after that if we could only get rid of all of those 40-45 year olds driving too fast in their mid-life crises purchased convertable.

  10. submitter is a minor by Anonymous Coward · · Score: 0

    and is pissed that he or she can't buy a game that the government thinks is violent. big effin deal. i can buy the game if i want, and minors aren't guaranteed the rights in the constitution. wait until you're 18 and you won't care about these laws. hippie.

  11. mod parent down by poopdeville · · Score: 1

    Indeed they do. But the right to say what you want does not imply the right to buy what others have "said." For example, porn is restricted too. I suggest you try looking through the Constitution for what the First Amendment actually says.

    --
    After all, I am strangely colored.
    1. Re:mod parent down by Anonymous Coward · · Score: 0

      "Congress shall make no law restricting freedom of the press."

      What does your copy say?

    2. Re:mod parent down by carrus85 · · Score: 1

      To quote wikipedia:

      "In Leathers v. Medlock (1991), the Supreme Court found that states may treat different types of the media differently, such as by taxing cable television, but not newspapers"

      Last I checked, Video Games != newspapers (or the press, as stated in the first amendment).

    3. Re:mod parent down by Anonymous Coward · · Score: 0

      Nobody's stopping Rockstar et al. from making video games as violent as they'd like. They're stopping minors from purchasing violent games, just like they stop minors from buying pornography. This has been an accepted legal principle and part of case law for decades.

    4. Re:mod parent down by VoidWraith · · Score: 1

      Actually, they don't. The Constitution doesn't apply to minors.

    5. Re:mod parent down by John+Hasler · · Score: 1

      It most certainly does.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    6. Re:mod parent down by Frank+T.+Lofaro+Jr. · · Score: 1

      In theory it does - but then again when it says "Congress shall make no law" the words "no law" are interpreted to mean "no law except what the Supreme Court thinks is OK".

      --
      Just because it CAN be done, doesn't mean it should!
  12. Full text by Anonymous Coward · · Score: 1, Informative
    1. Re:Full text by craigevil · · Score: 1

      This is the scary part:

      A reasonable person, considering the game as a whole, would
      find appeals to a deviant or morbid interest of minors.
            (ii) It is patently offensive to prevailing standards in the
      community as to what is suitable for minors.

            (iii) It causes the game, as a whole, to lack serious literary,
      artistic, political, or scientific value for minors.

      Just what are prevailing standards? Standards in the Bible Belt? Standards in New York? STandards in S.F.? Whose standards are they going by?

      People need to wake up, if they can define "standards" for one thing ; then they can define them for others.

      This should be left up to parents not the government.

      Welcome to Amerika, don't leave home without your papers!

      --
      Debian Sid LXDE Firefox 3.6.4
      GNU/Linux and Firefox, surfing the internet safely.
  13. another sticker on our video game boxes???/ by brandanglendenning · · Score: 0

    the first amendment has flown right out the window!!!!

  14. Seems Fair. by Walker_Boh_Druid · · Score: 3, Insightful

    There is already the ratings on games, there might as well be a law enforcing it. If I were to live in California, I might feel differently, as I'm a teenager myself, but I don't see any problems with this. Restricting minors to this is a good thing, as for every mature minor, you get 3 that are very influenced by what the see around them, and are pretty immature. What we really need to sort is why in this society it is bad for a child to see something that occurs naturally, and is necessary for reproduction is, but it is okay for them to see people getting shot, blown-up, and cut to pieces.

    1. Re:Seems Fair. by Anonymous Coward · · Score: 0

      So you think it's perfectly fair and appropriate to suspend free speech for the sake of social engineering on the grounds of "maturity"? If I were the kind of person to use the old homily about rosy shades, oh believe me, friend, I would.

      What we need to be looking at here is NOT whether or not people will happily go along with it. It is NOT whether soccer moms and slashdot teens think it's "just fine." What we need to ask ourselves is, is it legal? The only precedent we have for forcing age restrictions on media de jure is the age requirement for buying porn. Every other drop of media in this country is legally accessible to anyone who can read or watch it. For example, your five year old can read Thomas Carlyle's racist diatribe "The Nigger Question" - as ugly a piece of english literature as there is in existence. They can buy it from the bookstore and there would be no legal repercussions. Could the government restrict this text as hate speech? With some difficulty. But still if they succeeded, neither you nor your child could read it. The restriction would be applied to everyone.

      Is it legal, in a country whose constitution was designed to eliminate censorship as thoroughly as possible, to say, "for this medium and this medium alone, on lines arbitrarily drawn by the state, it will be illegal for certain citizens to access the material"? The law does not target the content itself; it says nothing to the same content being shown in a theater, in a book, in a comic, on a web site. Why?

      I postulate that, if this same law were to be applied to every form of media, it would be struck down as a blatant violation of our free speech rights, because it is not the place of the government to manage who can read what. Video games are not pornography. Video games are not hate speech. The only "truly offensive" thing here is the fact that old things are being shown in a new medium that some people can't quite wrap their heads around.

      It's fine if you want to say, "Ho hum, I don't care. Most of my friends wouldn't handle it maturely anyway." But that doesn't carry the weight of the law, and has no bearing on the justice of the situation.

  15. I'll be back by cwebb1977 · · Score: 0

    and I've never made violent movies! I just hope my fellow austrian makes it to president of the US!

    --
    www.weberseite.at
  16. How do we go about this? by dauthur · · Score: 1

    The question is "How can we as gamers fight back against this type of government action?". The answer is, and I quote my slightly "off" friend next to me: "Get a gun, steal a car and shoot everyone. Then have pixelated sex with an ugly girl, after which you drink coffee!". That's actually a very rational answer, considering the matter at hand...

    As for our rights, we can take a realistic stand by signing not internet petitions, but having trucks of signed-on-paper petitions being delivered to various politicians. The only way to stare down the opposition, especially when the opposition is in such power, is to rally against. Similar to a mutiny, except we're not going to have any Governers walking the plank.

  17. It won't work. by imstanny · · Score: 1
    Rights and Efficacy aside; trying to curb people's behavior never worked and it never will work.

    Whether or not you outlaw drugs, guns, alcohol, or video games... or set an age requirement; if a person wants to engage in any of those behaviors, they will. Especially if it is something trivial like playing video games.

    Furthermore, from personal experience, I have always managed to get into an R movie, even if i had to buy a ticket for a PG13. As easy as that was... buying a video game will require much less effort.

    This law is absurd.

  18. financially and legally scary for developers by joystickgenie · · Score: 1

    A way that I could see this restricting is not in the law but in the enforcement of it. If because of this all violent video games now can only be displayed in location where children are not allowed to enter (as is done with pornography or if companies must now card for all purchases of mature videogames(as is with cigarettes). Many of locations that sell video games may not carry violent video games anymore. If it goes the way of restricting viewing of the product, Wal-Mart is not going to create a separate section within their stores just for the sale of mature games. They would simply not carry them anymore. If it goes the way of cigarettes where the purchaser must be carded before every sale this is going to create allot of hassle for the large companies. They will have the change within their product databases whether the item must be carded for the purchase or not buy a title by title basses rather then just a product basis (cigarettes alcohol) and then they would have to monitor their registers at all times because if the casher forgets to check the age of the buyer it is now a legal problem. Large companies may not find this hassle worth it. And they may simply stop caring mature titles. If Wal-Mart and similar companies stop caring your game you have lost a very considerable market for your game and your company will have a very hard time competing in the market. Financially this sounds pretty scary for the game industry. As far as freedom of speech goes is that the way that games get put into that violent category. This IS NOT using the ESRB or another rating system. The bill only gives examples of what can not be in games that are now to be regulated. Under these regulations there are only generic descriptions of what type of violent acts are no longer going to be allowed. Because there is not a rating system or an impartial body that will be making this decisions there is now a loophole open where someone may bring up legal claims on just about any video game. A mother may watch their kid playing lets say a new Tony Hawk game. When the mother looks at the game their kid happened to wipe out on the skate board and there is a long animation of the skater falling down a hill running into multiple objects. Because this is a violent and gruesome animation if the mother had a problem with it she may now bring legal action against the place where the game was purchased. It doesn't matter that the game was rated teen. There was still some violence that she saw as unacceptable for her children.

    1. Re:financially and legally scary for developers by adamdewolf · · Score: 1

      I'm 26, and I can't remember the last time I was carded for smokes or beer.

      If there is a main-stream demand for a product, then the retail outlets will adapt.

      For Example: A town I live near is in the process of becoming wet (beer sales). Wally World was the first store to have new coolers in place, even before the ink is(no beer yet) dry on the ordnance repeal.

      Legal action for a skate-board wipe out? Gimme a break. Sounds like a good ad for pro safety gear (PPE for you OSHA minded folks).

      Maybe you might not need the safety gear if you have the Force?Star Wars Skate Board

      If anything this give the games a special place, makes them taboo, brings them more attention.

      No such thing as bad press.....

      --
      Ignorance is amusing, stupidity is annoying.
    2. Re:financially and legally scary for developers by agraupe · · Score: 1

      Tell me... where do you buy your smokes and beer? Beer I can get no problem, but cigars are a different matter...

    3. Re:financially and legally scary for developers by adamdewolf · · Score: 1

      Any small store where the guy behind the counter speaks english as a 3rd language. Of course, if the guy's name is Randal Graves, and he's the clerk for a video store next door, you can send in a 5 year old and get smokes. http://viewaskew.com/news/clerks2/

      --
      Ignorance is amusing, stupidity is annoying.
  19. Silly sticker, but otherwise OK. by cgenman · · Score: 2, Informative

    Inflamatory rhetoric aside, this seems like an OK bill. Basically, it is saying that certain types of media can't be sold to kids without parental permission. This is consistent with movies and other forms of entertainment.

    The whole "2-inch sticker" seems a bit ridiculous, especially because it implies a new ratings system, a new ratings board, etc. But that's a pragmatic problem, not an ethical one. Both sides come out smelling like zealots here, with one side saying that it will destroy first amendment rights, and the other saying that videogames are as bad for you physically as smoking.

    I also don't necessarily agree with the findings of the bills, that "Even minors who do not commit acts of violence suffer psychological harm from prolonged exposure to violent video games." Taken literally, this is true of basically anything. It does go into some lovingly crafted detail on what constitutes violence. I'll be amused to find out how the courts decide to interpret the requirement that a virtual victim must be conscious of the abuse at the time it is inflicted.

    1. Re:Silly sticker, but otherwise OK. by Phudman · · Score: 1

      I wonder if the definition of violence in the bill will cause a T (teen) rated game to get the 18 sticker?

    2. Re:Silly sticker, but otherwise OK. by Anonymous Coward · · Score: 0
      Basically, it is saying that certain types of media can't be sold to kids without parental permission.


      The only difference being that parental permission doesn't allow the kid to buy the media. Why should the "good" responsible people suffer for the incompetent? Why can't parents just do their jobs and stop forcing such laws on those who may not agree, and if they do, maybe not to such an extreme? What ever happened to good parenting?

    3. Re:Silly sticker, but otherwise OK. by Castar · · Score: 1

      The limitations on other forms of entertainment, generally, are voluntarily enforced (movie ratings and so on). This is a legal enforcement, so it's different. If for no other reason, I'd argue that it's bad for that alone - it makes games a "special" medium, and puts games at least partially under the control of government.

      The other reason is that it will have a chilling effect on the types of games that are made - publishers will be unwilling to take risks with content that will get banned, and so will concentrate even more on "safe" content. There's also the fragmentation of the retail market and the stigma that will come with buying mature games - it's not possible to find X-rated movies in normal retail stores, and to purchase one you have to deal with social stigma. It also makes it impossible for studios to make something artistic and adult - just like you'll never see an X-rated cinematic masterpiece.

      Some of these problems would also arise from industry self-regulation, but they'd have more potential to change with mores in the future.

      --
      I yearn for you tragically. A. T. Tappman, Chaplain, U.S. Army.
  20. Constitution protects minors free speech as well. by HeavyK · · Score: 2, Insightful

    Seeing as there are no laws barring the sale of ultra violent movies, music CDs, books, magazines or any other violent materials to minors, i see no reason why there should be one for violent video games.

    Not only that but the courts including the Supreme Court have ruled that minors have First Amendment rights and that the only material that can be legally restricted to them is material that falls under the legal definition of "harmful to minors", and that the "harmful to minors" definition is an extension of obscenity law that deals only with sexually explicit material (a.k.a. pornography). Materials that depict of describe violence are not obscene and are therefore fully protected by the First Amendment for both minors and adults.

  21. This sucks for the teenangers. by Brantano · · Score: 0

    I think alot of you are leaning towards 'this is banning children from buying M or AO rated games'. But what about the teenagers that are aged 14-17. If i was a seventeen year old kid who wanted to play GTA or Devil May Cry, why shouldnt i be able too? This is protecting the children and giving a kick in the balls to the teenagers who bring life into the videogame industry by buying all the bloody games. Videogames are not like movies, in a rated R movie you can see everything from frontal nudity to a 'real' persons head getting chopped off. In a videogame everything is fake, nothing looks real, and therefor a M rated game should not be like an R rated movie. There needs to be a rating for teenagers, because "T" isnt it.

  22. First Amendment? by HD+Webdev · · Score: 3, Insightful

    Since when did the first amendment have anything at all to do with what types of products companies are allowed to supply to children?

    The proportion of alarmist articles that are getting through lately is completely rediculous. It's an embarrassment. Until lately, I used to promote this site quite a bit.

    Please, for the love of god, stop this nonsense.

    --
    This is not a dream, not a dream...we are transmitting from the year 1-9-9-9.
    1. Re:First Amendment? by Anonymous Coward · · Score: 0
      Since when did the first amendment have anything at all to do with what types of products companies are allowed to supply to children?

      Perhaps one should consider what the bill actually says. It defines "minor" as:

      "Minor" means any natural person who is under 18 years of age.

      And it defines "person" as:

      "Person" means any natural person, partnership, firm, association, corporation, limited liability company, or other legal entity.

      Which means if your company wants to purchase or rent violent video games (for example to sell them), it must be at least 18 years old.

  23. uh... by Gogo0 · · Score: 2, Insightful

    How can we as gamers fight back against this type of government action?"

    Become 18 years of age?
    This is another non-issue being made into an issue on slashdot. Im surprised it wasnt posted in YRO...

  24. If you didn't vote Libertarian by Anonymous Coward · · Score: 2, Interesting

    You ASKED for this!
    ___________________________________________
    A vote against a Libertarian candidate is
    a vote to abolish the Constitution itself.

    1. Re:If you didn't vote Libertarian by Anonymous Coward · · Score: 0

      Right. And a vote for a Libertarian candidate is a vote thrown into the maelstrom of American politics.

      I like where the Libertarians are coming from, but they scare the crap out of me with all that shiny tinfoil hat stuff.

  25. Sophistry by Anonymous Coward · · Score: 2, Insightful

    "The right to say what you want does not imply the right to buy what others have "said.""

    That's just a rhetorical trick. Using that, it's easy to restrict any speech. Oh sure, you can publish a newspaper criticizing the government, that right is guaranteed... but the right to buy such a newspaper is not.

    The first amendment says "Congress shall pass no law restricting the freedom of the press," or some such. The freedom of the press is a matter both of producer and consumer freedom. There are works so objectionable that purchasing or owning them is illegal, but they are far, far worse than violent video games.

    Moreover, any restrictions on the first amendment that have been accepted have traditionally been required to be enforced equally. That is, if material is objectionable in one medium, it is objectionable in all media, and if it is not objectionable in one medium, it cannot be restricted in others.

    This was originally important because people wanted to put restrictions on comics and movies which were not being applied to literature. The works of the Marquis de Sade and Poe were far beyond mid-50s media morality.

    In this case, it is *only* violent video games which are being legally restricted, and the content in them falls far short of many movies, graphic novels, novels, records, and even graffiti. The restrictions on other media are voluntary and do not have the force of law.

    The fact is, the right to a free press does imply that your potential audience will not be legally prevented from accessing your work. If the audience cannot access an author's work, that _author's_ right to freedom of speech has been abridged, not the right of the audience, you see?

    The question of whether that applies to minors is obviously much more complex, but the implication must be clear.

    1. Re:Sophistry by poopdeville · · Score: 1
      Call it a rhetorical trick if you'd like, but as I said, having the right to say what you want does not entail having the right to buy what others have said. A minor cannot legally buy pornography, even though a minor can write pornographic stories (though admittedly, I am unsure about how distribution of a minor's stories would work in practice).

      Consider the context in which I made my claim. An idiot said that minors have first amendment rights, and implied that this alone is sufficient to guarantee the ability to buy violent video games. According to this logic, minors have the first amendment right to buy pornography. This is blatantly false and shows that the idiot's reasoning was invalid.

      --
      After all, I am strangely colored.
    2. Re:Sophistry by Taevin · · Score: 2, Insightful

      Apparently you completely missed what the AC was saying so I'll try again for him. I have the right to say what I wish but that does not imply the right to an audience. No one has to listen or purchase my speech. However, how does that relate to the right of anyone to be my audience if they so choose? If I choose to seek out any form of entertainment and no one is harmed as a result of it, what reason could there be to restrict my action? Just as important, and as the AC pointed out, if you restrict the right to purchase or view any form of speech, you also indirectly restrict the right of the author. While no one is required to buy your book, is there really freedom of speech if no one is allowed to buy it? Hopefully you can appreciate the precedent these kinds of laws set. If pornography and violence are harmful to children, surely hints of anarchy or anti-government thoughts are just as bad? After all, those could warp the delicate young mind into deviancy. That is why people like me get so touchy at even a hint of the restriction of rights; it often sets a precedent for removing said right entirely, almost at a whim.

      I'm disappointed that you think only idiots believe minors should have rights but they do. Unless I'm mistaken, choosing to purchase any available good or service is an act of speech and thus should be protected by the first amendment. If we allow minors first amendment rights, they therefore also have the right to purchase whatever pleases them. I think what has really happened is that, as usual, politicians have side-stepped the Constitution to "protect the children" and passed laws that restrict the sale of pornography, for example.

      It is my own belief that parents should be the final authority for what is appropriate for their child. Since the legal system recognizes that children are not fully capable until [insert arbitrary age here], parents are liable for their child's actions. Combine that with the fact that nearly all parents want the best for their child and we have a system that works well except in cases of parental neglect (and no system should be designed to cater to these people - they are the deviants that need to be punished, not the average person).

      The point is, laws such as these are pointless and ineffective. In the end, they only result in the average law abiding citizen being restricted. The criminals, or at least those that have no compunction for breaking the law, will continue to engage in their activity as they always have. The mature kid that actually probably is emotionally developed enough to handle a weapon, alcohol, etc, will also obey the laws. Meanwhile the others will just get someone of age to buy their alcohol, and now their violent video games, for them.

    3. Re:Sophistry by poopdeville · · Score: 1
      I'm disappointed that you think only idiots believe minors should have rights but they do.

      Kindly point out where I said that. As a matter of fact, minors do not have the right to purchase everything they might like.

      Unless I'm mistaken, choosing to purchase any available good or service is an act of speech and thus should be protected by the first amendment.

      Indeed you are mistaken. I would not advise using the first amendment as a defense for attempting to buy a kilo of cocaine.

      If we allow minors first amendment rights, they therefore also have the right to purchase whatever pleases them.

      Obviously false, since as a matter of fact, minors are not allowed to buy cocaine or pornography.

      I think what has really happened is that, as usual, politicians have side-stepped the Constitution to "protect the children" and passed laws that restrict the sale of pornography, for example.

      Blah blah blah. This has been a part of US Law since before the Constitution was drafted. Indeed, such laws are the reason the States Rights amendments exist. Laws restricting the distribution of pornography are made by states and municipalities thereof, not the Congress.

      It is my own belief that parents should be the final authority for what is appropriate for their child.

      Agreed, but your beliefs do not carry the force of law. I do, however, find it amusing that your obviously factually incorrect post garnered an Insightful moderation, whereas my technically correct and insightful post earned nothing. Oh well, fuck the mods. :-)

      --
      After all, I am strangely colored.
  26. If your over 18, why do you care? by nmaster64 · · Score: 2, Insightful
    I think this is a great law myself. I mean, it's identical to the way R-rated movies are restricted. There is absolutely nothing wrong with this at all, why is everyone making a big deal about it?

    Generally, when the government sticks it's nose in video games, it's bad news. But this is one of the few good things they've done right.

    Since I'm over 18, this doesn't really affect me at all. So seriously, I don't care. If your under 18, I say to you, sorry, but we all have to go through it. I personally have a little brother around 12. I've never had a problem with him playing T-rated games and such, but I forbid him from playing M-rated games. There's just no reason he should be playing those types of games.

    I'm one of the biggest 1st ammendment rights pushers on the planet, and I feel even more strongly when it comes to gaming. However, some things just make sense. Mature games are made for mature people. Kids shouldn't be playing GTA and RE4.

    1. Re:If your over 18, why do you care? by Anonymous Coward · · Score: 0

      I think this is a great law myself. I mean, it's identical to the way R-rated movies are restricted

      There are no laws restricting R-rated movies.

    2. Re:If your over 18, why do you care? by sesshomaru · · Score: 1
      This is the worst thing about this argument. Every time it comes up, we get a lot of misdirection about how it's just like movies when it certainly isn't. When this law gets passed, if the new Supreme Court upholds it (and with all the recent changes it may well), video games will be treated as more harmful than movies, more dangerous, and with more legal sanctions against them.

      The people on the pro-censorship side of the debate get this. That's why they say things like:

      "Video games are not art or media," she said. "They are simulations, not all that different from the simulations used by the U.S. military in preparation for war." -- Sen. Deanna Demuzio
      This is from the Illinois debate, but what people don't seem to get is that groups like Focus on the Family, when they want to ban something but can't get it banned in the Federal House and Senate, will draft the same law in multiple states and use their local organizations to push it in each state. So, this law is almost identical to the one in Illinois because it was likely written by the same people.

      They are not looking for equal treatment between games and other forms of media and they are willing to be quite clear about it.

      Meanwhile, we get people posting on Slashdot as though what we have is a reasonable debate between two sides as to what would be an adequate restriction on what kids are allowed to play (with "kids" being portrayed as toddlers or grammer school students but actually being more likely teens in the 13-16 year old category in the real world.).

      What I don't understand is why an industry that makes so much money hasn't done something about this so far. The strategy seems to be, "We'll cave, then we'll cave some more, and then to show we're really serious we'll cave even more." Meanwhile, people who would like nothing better than to ban video games outright get to frame the debate.

      --
      "MIT betrayed all of its basic principles."
    3. Re:If your over 18, why do you care? by nmaster64 · · Score: 1
      I definitly agree with you that the media and groups are much more afraid of games than they are more passive forms of entertainment. I've heard that quote you mentioned and many more like it, and I understand where your coming from completely.

      But seriously, do you think "kids", even in the 13-16 year old category, should play things like GTA? I certainly don't. My little brother is almost 13, but it'll be a cold day in hell before I let him play a game like that in the next couple years. (Sidenote: I feel some M-rated games appropriate for minors over, say, 16. I don't think a 16+ rating would be a bad idea...)

      However, based on the premise that you feel an age restriction is fair, I feel that the passing of this bill would be more beneficial to the industry. My theory is that if those underage are completely banned from purchasing Mature-rated titles, than what can groups like Focus in the Family do? They whine and complain about this new, horribly offensive game to Congress, and Congress just points to the new law and says: "Underage persons cannot purchase the game. There's no problem." Now, of course, it could get much more complicated than that, but you see my point.

      My fear is that without legislation, we're going to see a large incident directly involving video games and in retaliation have a much more serious law on our hands. For example, if a 12-year old shoots up his school after his parents buy him GTA, then Congress would be pressed into passing a very severe restriction on games, much harsher than we're seeing now. If this bill goes is into effect, however, and it's completely impossible for the kid to purchase the game on his own accord, than hopefully the blame will go where it belongs, the parents (who are the root of this entire epidemic. People who don't care or don't pay attention to what their kids play should be barred from ever having children).

      I noticed the ESA made a press release denouncing the bill, stating that California should instead focus on "working with industry in our efforts to help parents make the right game choices for their unique families." That'd be great if it could work, but it's a complete fantasy. That's dependent on having parents that give a damn. It's unfortunate, but there's no law to prevent jackasses and idiots from having children.

      I looked up the bill itself and read over the blurp about the ban (the majority of the bill is actually totally unrelated). There is nothing in the bill that would give anyone any more leverage when it comes to the sale of video games. The bill clearly only limits the sale or rental of M-rated video games to minors. So this won't aid any interest groups or anything in their fight against the "evils of gaming." As I said, I think it will probably hurt their cause (which means it helps mine :P ).

    4. Re:If your over 18, why do you care? by Mr2001 · · Score: 1

      But seriously, do you think "kids", even in the 13-16 year old category, should play things like GTA? I certainly don't. My little brother is almost 13, but it'll be a cold day in hell before I let him play a game like that in the next couple years.

      My little brother is 14, and he was watching and playing GTA Vice City when it was still new. I don't see anything wrong with that. Teenagers know the difference between fantasy and reality.

      My theory is that if those underage are completely banned from purchasing Mature-rated titles, than what can groups like Focus in the Family do? They whine and complain about this new, horribly offensive game to Congress, and Congress just points to the new law and says: "Underage persons cannot purchase the game. There's no problem."

      And then those groups will complain that the law isn't being enforced well enough, or that adults can still buy the game and give it to their kids. Then they'll try to make it illegal to play the game anywhere that a minor can see it, or to allow minors into a store that sells it, etc.. just like they do with pornographic videos.

      If this bill goes is into effect, however, and it's completely impossible for the kid [who shoots up his school] to purchase the game on his own accord, than hopefully the blame will go where it belongs, the parents

      No, the parents aren't to blame for buying their kid a video game. Video games don't make people commit mass murder.

      --
      Visual IRC: Fast. Powerful. Free.
    5. Re:If your over 18, why do you care? by Mr2001 · · Score: 1

      If your under 18, I say to you, sorry, but we all have to go through it.

      Just because you were unfairly restricted when you were that age doesn't make it right to add even more restrictions. Whatever happened to trying to make things better for the next generation?

      --
      Visual IRC: Fast. Powerful. Free.
    6. Re:If your over 18, why do you care? by nmaster64 · · Score: 1

      Yeah, I'm all for making things better for the next generation, but I really don't understand how allowing minors access to adult material makes anything "better".

    7. Re:If your over 18, why do you care? by nmaster64 · · Score: 1
      My little brother is 14, and he was watching and playing GTA Vice City when it was still new. I don't see anything wrong with that. Teenagers know the difference between fantasy and reality.

      I strongly disagree with that decision. I just don't think there's a single good reason to allow even a teenager to play an M game. There's no M-rated game good enough that it has to be played. It's not a matter of them understanding the difference between fantasy and reality, I just feel it's morally wrong to expose people to unnecessary inappropriate content. I for instance invoke strongly to my little brother that I don't want him to pick up cursing as a habit like I did. In the end, it just makes you sound ignorant. GTA just helps desensitize people to stuff like that.

      And then those groups will complain that the law isn't being enforced well enough, or that adults can still buy the game and give it to their kids. Then they'll try to make it illegal to play the game anywhere that a minor can see it, or to allow minors into a store that sells it, etc.. just like they do with pornographic videos.

      That's just ridiculous. I don't think anything like that could ever pass into law, it's too extreme. Congress isn't quite that retarted (w/ the exception of a couple pricks).

      No, the parents aren't to blame for buying their kid a video game.

      Yes, they are. They're 110% responsible. Any parent who dosen't pay enough attention to notice that they're exposing their children to adult-material without good reason is irresponsible and doesn't deserve to have children in the first place. Those that do it conciously are even worse...

      Video games don't make people commit mass murder.

      Now there's something I agree with. Anyone who blames stuff like that on video games is above and beyond an idiot. However, as per my example, it doesn't mean the media won't take it that way. Just because it's not the truth, doesn't mean people wouldn't accept it as such.

    8. Re:If your over 18, why do you care? by Mr2001 · · Score: 1

      I just don't think there's a single good reason to allow even a teenager to play an M game. There's no M-rated game good enough that it has to be played.

      Maybe I don't think there's a single good reason to allow even a teenager to go skiing or eat ice cream. There's no snowy slope good enough that it has to be skiied down, no dessert good enough that it has to be eaten.

      But luckily, that's not how we decide whether to allow a recreational activity. You don't have to prove you need to go skiing; anyone who wants to keep you from doing it has to prove that you shouldn't.

      It's not a matter of them understanding the difference between fantasy and reality, I just feel it's morally wrong to expose people to unnecessary inappropriate content.

      So do you think GTA should be banned for everyone, regardless of age, or is there some magic age where a game about stealing cars, killing gangsters, and running from the cops starts being "necessary" or stops being "inappropriate"?

      --
      Visual IRC: Fast. Powerful. Free.
    9. Re:If your over 18, why do you care? by Mr2001 · · Score: 1

      Allowing people to make their own decisions, as long as those decisions don't harm anyone else, is always better than the alternative.

      --
      Visual IRC: Fast. Powerful. Free.
    10. Re:If your over 18, why do you care? by nmaster64 · · Score: 1
      Maybe I don't think there's a single good reason to allow even a teenager to go skiing or eat ice cream. There's no snowy slope good enough that it has to be skiied down, no dessert good enough that it has to be eaten. But luckily, that's not how we decide whether to allow a recreational activity. You don't have to prove you need to go skiing; anyone who wants to keep you from doing it has to prove that you shouldn't.

      My argument isn't about recreational activity in general, it's about inappropriate content specifically. The difference between doing something like skiing and playing GTA is that skiing doesn't help desensitize them to things like cursing, things that are inappropriate in today's modern world.

      So do you think GTA should be banned for everyone, regardless of age, or is there some magic age where a game about stealing cars, killing gangsters, and running from the cops starts being "necessary" or stops being "inappropriate"?

      It's not a matter of it at a certain age not becoming inappropriate, it's a matter of how your brain subconsiously processes the experience. Studies prove that younger minds are much, much, much more easily permanently altered than those of an adults. Thus, opinions and feelings on the concepts of sex, drugs, cursing, and other controversial issues are mostly defined by ones childhood experiences. Thus, if one is inappropriately exposed to these things in a negative manner, such as playing GTA, it can subconciously affect their feelings on these matters in the future. Scientific studies prove this.

      I'm certainly not saying their going to grow up to steal cars or anything like that, but I would go so far as to say they would be more likely to curse and such.

    11. Re:If your over 18, why do you care? by nmaster64 · · Score: 1
      Allowing people to make their own decisions, as long as those decisions don't harm anyone else, is always better than the alternative.

      I definitly agree with that. I'm a strong fighter for human rights and giving people the right to choose and do what they want, assuming they're not harming anyone else in the process. That's one philosophy I firmly side with.

      However, minors can be an exception in many cases. I think they deserve more rights than they're given, especially within the school systems. However, exposure to inappropriate material is a different arguemnt I think...

      When it comes down to it, the argument centers around an issue that has been controversial for a long time, and that's: "at what age is a person 'mature'?" I personally don't think any of us are qualified to answer that, and I honestly think it varies drastically from person-to-person. However, I feel between 16 and 18 are certainly good places to set an average, because of course you couldn't enforce the concept of maturity difference between people.

    12. Re:If your over 18, why do you care? by Mr2001 · · Score: 1

      The difference between doing something like skiing and playing GTA is that skiing doesn't help desensitize them to things like cursing, things that are inappropriate in today's modern world. [...] I'm certainly not saying their going to grow up to steal cars or anything like that, but I would go so far as to say they would be more likely to curse and such.

      You're free to personally believe that swearing is "inappropriate in today's modern world" and teach your kids never to do it, but I don't want my tax dollars going to enforce your (IMO prudish) sensibilities.

      --
      Visual IRC: Fast. Powerful. Free.
    13. Re:If your over 18, why do you care? by Mr2001 · · Score: 1

      However, minors can be an exception in many cases. I think they deserve more rights than they're given, especially within the school systems. However, exposure to inappropriate material is a different arguemnt I think...

      No, I don't think so. You're trying to limit their choices for their own good, just like every other restriction that's placed on minors. You think you're a better judge of what's "appropriate" than those kids or their parents.

      Frankly, I think "inappropriate material" is mostly a myth. Kids don't seek out stuff that's truly inappropriate for them - you don't see 5 year olds surfing the internet for porn. If they know games like GTA, violent TV shows, and movies filled with profanity and sexuality aren't a realistic portrayal of how people act or should act, then it's just recreation.

      Now, if you think your kids will pick up the wrong messages if they're exposed to certain content, then feel free to keep it out of their hands. Don't let them go to the mall alone, don't let them bring GTA into your house. But I stress again: your kids. I don't want my hypothetical kids being turned away from a store or arrested because they tried to buy some movie or video game.

      --
      Visual IRC: Fast. Powerful. Free.
    14. Re:If your over 18, why do you care? by nmaster64 · · Score: 1
      Swearing is inappropriate in a modern-day business setting, i.e., if you want to be successful, you can't curse out your boss. Personally, I'd prefer my kids not to be losers, and make something of their lives.

      Personally, I don't think cursing should be at all offensive. I think it's ridiculous that people get offended by such silly words. The whole concept of vulgarities is beyond me. However, it's been established in society as negative, thus, it would do well to try to avoid unnecessary exposure to such material.

      It's not like I think you can prevent someone from cursing by trying to hide them from it. It's everywhere, they're going to hear it somewhere. It's just, there's a fine line between hiding it from them, and teaching it to them. A good parent should do neither.

      Now, it's one thing to say you don't feel something like cursing is truly inappropriate, and don't think it necessary to hide it from your kids. However, if your saying you want to actually teach it to them, then I strongly hope someone stops you from having children, because nothing positive can ever come from that.

    15. Re:If your over 18, why do you care? by Mr2001 · · Score: 1

      Swearing is inappropriate in a modern-day business setting, i.e., if you want to be successful, you can't curse out your boss. Personally, I'd prefer my kids not to be losers, and make something of their lives.

      That's true. However, it's absolutely ridiculous to think that kids who watch movies or games with swearing in them will be unable to control their tongues in the real world.

      There's a concept called "code switching", and just about everyone uses it without even thinking about it. It means using different styles of speech with different audiences. A black child who grows up speaking AAVE ("Ebonics") at home and with his friends can still speak standard English when he's talking to a boss or teacher. I personally can swear like a sailor when the situation calls for it, and I have a pretty lazy style of speaking with my peers, but at work or on the phone with a business, it's squeaky clean.

      What that means is kids only have to be taught that the way Tommy Vercetti speaks is not the way we speak to our parents, teachers, bosses, etc. Different things are appropriate in different settings. Your boss might get pretty upset if you started eating a sandwich or making a phone call during a meeting, but that doesn't mean kids should never be exposed to food or telephones - only that they should know the proper etiquette.

      --
      Visual IRC: Fast. Powerful. Free.
    16. Re:If your over 18, why do you care? by nmaster64 · · Score: 1
      Your completely correct. People use code switching on a regular basis, and it's probably the only way people can probably function in the modern-day world. No one's going to go up to their boss and start talking street to him.

      But my argument is the concept of one becoming desensitized to it in a way that may permit them to use such language in an inappropriate situation, especially in a situation of intense frustration or emotion.

      I'm not saying I think every child is going to have this problem, and I think with parental intervention, I definitly think any sort of negative effect could be avoided. However, that's rare these days, as it seems more and more people care less and less about these kinds of things.

      My argument comes down to this: Is there a single positive reason that a kid/teenager should play a game such as Grand Theft Auto? Is there any positive result? As a video game, the desired result should be to invoke a temporary amount of enjoyment. However, if such a game has an intense, or even subtle, possibility of having a negative effect in the process, why should that be risked? There are thousands of other games on the market that can process the same, if not more enjoyment, thus there's no good reason that a game of that particular sect needs to be played, especially considering the circumstances.

    17. Re:If your over 18, why do you care? by Mr2001 · · Score: 1

      But my argument is the concept of one becoming desensitized to it in a way that may permit them to use such language in an inappropriate situation, especially in a situation of intense frustration or emotion.

      You have no evidence for that claim, and my personal experience contradicts it.

      My argument comes down to this: Is there a single positive reason that a kid/teenager should play a game such as Grand Theft Auto? Is there any positive result? As a video game, the desired result should be to invoke a temporary amount of enjoyment. However, if such a game has an intense, or even subtle, possibility of having a negative effect in the process, why should that be risked?

      All I can say is I'm glad we don't apply your twisted logic to any other activities. Everything we do has some subtle risk of negative consequences. You could break your leg while skiing, you could get into an accident while driving, you could choke on a Twinkie - and all those are far more likely than getting fired because Grand Theft Auto made you swear at your boss.

      You continue to fall into the trap of thinking that if you can't prove a need for something, you shouldn't have it. That's not the way a free society works.

      --
      Visual IRC: Fast. Powerful. Free.
  27. Pointless... by tktk · · Score: 3, Funny
    When my (future) children want to play violent video games, they'll have to wait until it's their damn turn.

    I'm first.

    1. Re:Pointless... by Surt · · Score: 1

      I wonder if the moderators who scored this funny were working on the obvious level (We like video games and our kids will have to fight for time on the console), or on the meta-level, where it's funny that the poster believes he can win that fight, because his children are still in the future.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
  28. The problem with bills like this is... by jonwil · · Score: 1

    That they seek to impose a ratings system seperate from the ESRB system.

    If this law (and others like it) simply gave legal power to the ESRB system (i.e. restricted the purchase of M and AO games to adults or whatever), I would have no problems with it really.

  29. Explain this to me again... by slavemowgli · · Score: 1

    Explain this to me again - what's so bad about restricting the sale of adult video games to children? Unless you're not an adult yourself, you won't be affected by this, so... what's the big deal?

    --
    quidquid latine dictum sit altum videtur.
    1. Re:Explain this to me again... by ElleyKitten · · Score: 2, Interesting

      My big problem with this is that it's not saying that M rated games shouldn't be sold to minors, it's saying that "violent" video games can't be sold to minors. How do they define violent? ""Violent video game" means any video game or any copy of an electronic game that may be played using a portable electronic device or hand-held gaming device using a television or computer, that, taken as a whole, to the average person, applying contemporary statewide standards, appeals to minors' morbid interest in violence, that enables the player to virtually inflict serious injury upon human beings or characters with substantially human characteristics in a manner that is especially heinous, atrocious, or cruel, and that, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors." However! "This paragraph shall not apply to a game in which the visual depiction of violence occurs as a result of simultaneous competition between two or more players" link to bill

      I'm not quite sure what games exactly are covered, but I guess gory fighting games and shooters aren't, as long as they're two-player! Seriously, I used to work at a game store, and I feel bad for anyone who has to figure out which games this actually covers, and if they get it wrong, it's a $1000 fine. Now you could say that they just shouldn't sell M-rated games to minors and they should be fine, but then why doesn't the bill just say M-rated games shouldn't be sold to minors if that's what it's supposed to mean?!?

      Also, oddly enough, the bill doesn't have an exception for family members. So technically, if I gave my (future potential) 17 year old daughter GTA, I could get fined $1000. Wouldn't that be great?

      And stickers annoy me.

      --
      "What is Internet Explorer 7? Are you saying we can't access the normal internet?" - I love tech support. Really.
  30. Does the CA law impose penalties... by phillymjs · · Score: 2, Insightful

    ...on stupid parents who ignore ratings and buy unsuitable games for their young kids? Like maybe, hold said stupid parents liable when their kids shoot people and say "the violent games made me do it!" as an excuse?

    Because IMHO that's what we really need: parents being held responsible for their piss-poor parenting.

    ~Philly

    1. Re:Does the CA law impose penalties... by LocalH · · Score: 1

      It's not that cut and dry - some people are mature enough at 14 to handle such a game, and some people wouldn't be able to handle it at 30. If I had a kid, and he was 14-15, and I felt he was mature enough to play GTA:SA, then I should be able to buy it for him, and not have somebody telling me "you shouldn't do that, he's not mature enough to handle it". What you're suggesting is just another step towards a nanny-state, where the government can tell parents how to raise their kids. People like you are the reason that in some areas, it is ILLEGAL to spank your own kids (and I'm not talking punching and beating senseless, I'm talking things like being spanked by hands or belts).

      Just because some kids are fucked up in the head to begin with, doesn't mean that you have the right to tell a parent "you can't buy that for your kid because I said so". Plus, what happens when one of these fucked up kids buys such a game used from a friend? How will you tell the difference between that and a game that the parent bought for him?

      When a kid shoots people and says "the violent games made me do it", he's trying to pass his behavior off onto an inanimate object. That reminds me of a case where there was a woman, who happened to smoke pot, and she hit a person with her vehicle. Said person went through the windshield, and for whatever reason she just drove home with the person still in the windshield. When she was on trial, she testified, and said that "the drugs made me do it". BULLSHIT. She was fucked up in the head, pot or not pot. Everytime someone blames an inanimate object for their own actions, we lose a little bit of freedom. People should not be able to say "the game made me do it", they should be responsible for what they do, period (unless they're seriously mentally retarded or something).

      --
      FC Closer
  31. arnie? by Anonymous Coward · · Score: 0

    How much money do you recon arnie made from royalties of the violent terminator games?

  32. Is this a new change? by lucars83 · · Score: 1

    Is this a new thing, restricting sale of video games to minors? I know for at least 4 years in Washington that people under 17 can't buy games rated M. I'm 22 now and still get carded from time to time when buying video games rated M, and when buying music CD's with Parental advisory.

    1. Re:Is this a new change? by joystickgenie · · Score: 1

      The change on this is that it is being turned into a law rather then a recommendation.

      Previously stores have been upholding the ESRB ratings voluntarily. The same way they do with CDs and movies. That hasn't been a law past for either one of those. Most retailers, like Wal-Mart, EB games target GameStop and many others, have held the ESRB recommendations for years and do not sell M or AO games to minors.

  33. Its abotu the teenagers, not the children. by Brantano · · Score: 1, Interesting

    I dont think this affects adults or children at all. Children couldnt buy M rated games from most retailers anyway. It affects the people around the age of 18 that arnt 18 yet. This isnt liquor or drugs or masturbation from porno's. Its violence, which isnt even obsene. I would be pretty pissed if i was 16 or 17 and couldnt buy GTA by myself and had to get mommy to do it for me. Everyone wants kids to grow up, then treat them like babies.

  34. Does anybody care? by Chemisor · · Score: 1

    I don't know about you, but I haven't bought a game in a store in a decade. They are just so much cheaper on eBay, especially if you wait a while after the release. Children, especially, would benefit from those lower prices; as it is, a single game takes a pretty big chunk of a kid's allowance.

  35. Re:Constitution protects minors free speech as wel by Sancho · · Score: 1

    I think people see a difference because acting out violence in video games might be different than passively watching them. Even then, many stores (around here, at least) restrict the sale of rated R movies. The problem is that it's a voluntary restriction, of course.

  36. Hang on, let me get my copy of by PunkOfLinux · · Score: 1, Flamebait

    Fahrenheit 451:

    "With school turning out more runners,... and swimmers instead of examiners, critics... and imaginative creators, the word 'intellectual', of course, became the swear word it deserved to be."

    "Colored people don't like Little Black Sambo. Burn it. White people don't feel good about Uncle Tom's Cabin. Burn it. Someone's written a book on tobacco and cancer of the lungs? The cigaretter people are weeping? Burn the book. Serenity... Peace... Take your fight outside. Better yet, into the incinerator."

    "She was a time bomb... She didn't want to know how a thing was done, but why. That can be embarrassing."

    This sounds more and more like America EVERY DAY.

  37. Give me an F-ing break. by nberardi · · Score: 0, Troll

    This passing of the law is starting a disturbing trend against the First Amendment? This has nothing to do with the First Amendment, you can still buy your video games can't you? In addition if this is the first time you thing the First Amendment has been trampled on you are not only blind but ignorant.

    What about McCain-Finegold, where a canidate is restricted from putting on ads about other canidates in the last 30 days? That is the trampling of Free Speach becaue a couple whiny Senators don't like people attacking them in ad form.

    What about the forced removal of the ten commandments from court houses and public buildings. Don't give me seperation of church and state, because I would like to see somebody find that quote in the First Amendment.

    What about the repeated calls for censorship of a certain talk show host by Senator Robert KKK Bird?

    What about the calls for Blogs to fall under FCC regulations when contain political speach?

    Give me an F-ing break this doesn't even come close to the crap I have seen in the last 2 years. You are a whiny panzy and somebody should take away your voter card and burn it.

    1. Re:Give me an F-ing break. by Anonymous Coward · · Score: 0

      It is right there in the first line....

      "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;"

    2. Re:Give me an F-ing break. by nberardi · · Score: 1

      So where exactly does it say that there should be a seperation? It says Congress shall make no law to set a state religion. Nothing about seperating it? You're wrong and you have been taught by idiots, you should hang your head in shame.

  38. make the ratings legally enforceable by E8086 · · Score: 0, Flamebait

    As far as I know, right now the game ratings are only a suggestion, a suggestion I've never seen enforced. I've seen kids/teenagers carded at movie theaters for PG-13 movoes, I think it's required in NYC theaters. Other than that there is NO enforcement of ratings, games or movies, unless their porn. As long as they're just a suggestion kids who may be too youg for some games are going to be able to buy them. If not, at least the "questionable" game material may gain the attention of the parent buying it to shut their kid up when they're carded by the teenager working the counter at GameStop and think give more thought to buying their 12yr old an "M" rated game.
    As for the question of rights, minors don't have them(I know someone's going to call me on this), except for being held responsible for an action when 7 or older and the right to be tried as an adult if they do something really bad. I remember having the right to be yelled at by the neighbors for being "too loud" while playing whiffle ball and football in the middle of the street.
    "Ban" sounds too negative, perhaps they should change the wording to; "employees of places of commerce are required to verify the age of patrons seeking to purchase age sensitive[entertainment] materials." That way it should cover movies, games, magazines and any other items not covered by other state or federal laws.
    Fortunately I'm about 2500mi away and 7yrs too old to have to even think about that silly proposed California "law." A seemingly dumb and pointless bill aimed at gainging support from religous and parents groups, I wonder who's up for re-election this year.

    --
    F7 doesn't work, ignore spelling and grammar
  39. Story of fools by sonamchauhan · · Score: 0, Troll

    > simimlar to... law designed to restrict the sale of violent video games to children
    And you oppose that. What are you, a software industry shill?

    > Does this action signal the start of a disturbing trend
    > of the restriction of First Amendment rights?
    No. Children don't have first amendment rights.

    > How can we as gamers fight back against this type of government action?
    Don't even try. The government is *of* the people.

    1. Re:Story of fools by Anonymous Coward · · Score: 0

      Actually, I was under the impression our "leaders" were bought and sold by the rich. How such a law came to be in this environment I cannot say, save perhaps to guess that robbing us commoners of another freedom got them off quicker than their usual bribe.

    2. Re:Story of fools by sonamchauhan · · Score: 1

      No. You're wrong, as are those rulings - they are the results of judges forgetting that they are mere enforcers of laws, not makers of them. Hopefully this will change in the days to come.

      It is obvious the first amendment does not apply to children - otherwise in the 2nd case, the judge wouldn't heavily qualify his ruling with "speech that is neither obscene as to youths".. etc.

    3. Re:Story of fools by sonamchauhan · · Score: 1

      No, leaders are elected by commoners. By ignoring this basic fact, you just delude yourself and arrogate yourself as superior to "common" commoners.

  40. Funny banner ad... by Anonymous Coward · · Score: 3, Insightful

    The best commentary on this ever...

    About 6 months ago, GameSpot or one of those sites ran a story about the push to get this law passed.. and on the right of the article was a banner ad featuring the ultra-violent first-person shooter, Terminator 3, featuring Arnold Schwarzenegger.

    If Ahnold signs a bill saying violence in games/movies begets violence in kids, he needs to go out back and lynch himself, because he's done more than any ten of us.

    1. Re:Funny banner ad... by raju1kabir · · Score: 1
      About 6 months ago, GameSpot or one of those sites ran a story about the push to get this law passed.. and on the right of the article was a banner ad featuring the ultra-violent first-person shooter, Terminator 3, featuring Arnold Schwarzenegger.
      If Ahnold signs a bill saying violence in games/movies begets violence in kids, he needs to go out back and lynch himself, because he's done more than any ten of us.

      Sorry, when did Schwarzenegger insist that the game he featured in should be available to minors?

      You think no bartender should be allowed to support a minimum drinking age? No sexually active adult should be allowed to support statutory rape laws?

      --
      "Patriotism is your conviction that this country is superior to all other countries because you were born in it." -- GBS
  41. Does Anyone Know What The Bill Actually Says? by nick_davison · · Score: 3, Insightful

    Perhaps a More Efficient Way...would have been to simply enforce the "AO" rating given out by the ESRB. Why invent your own sticker and everything?

    Going from memory of a G4TV interview with Yee, all he claimed to be pushing for was to make it legally punishable for a store to sell a game to someone outside the ESRB's label.

    That's not actually any different to a child not being allowed to buy porn, cigarettes or alcohol and those stores that sell them anyway risking getting fined.

    Now, the way the ESRB makes it sound, it sounds as if Yee is creating a blanket law that bans games without sensible consideration of content. My guess is this may well be much like the gun lobby protesting gun safes or trigger locks - they really don't have a problem with them themselves but they don't want to conceed this issue only to start down a slippery slope. Similarly, I'm guessing the ESRB don't want laws passed forcing stores to abide by the ESRB's own ratings - because that gets legislators thinking they can create other laws - potentially ones that push the ESRB out of its role.

    I mean, it's already enforced that children in the US cannot enter a movie rated NC-17 (no one 17 or under is admitted).

    Effectively, yes. Legally, no.

    If I recall correctly, the movie industry faced almost exactly the same issue the games industry is facing. So they instituted their own body and got theaters to agree to it. By acting promptly, they forestalled any actual laws.

    It's a common misconception but R, NC-17, etc. aren't legal terms. They are a voluntary code followed by theaters to keep the government off their backs. A theater could quite openly sell NC-17 tickets to ten year olds and there's nothing the authorities could do (save maybe a charge of contributing to the corruption of a minor).

    The problem the games industry has is that, whereas most theaters apply the rating system as though it was law, about 30% of major stores and about 80% of independent stores (again, quoting the G4 interview) ignore the law. Those numbers are large enough that the games industry is shooting itself in the foot. If they'd stop whining and start applying the ESRB suggestions as strongly as the MPAA suggestions, the problem would go away - or would have done had they acted sooner and not waited until it's critical.

    1. Re:Does Anyone Know What The Bill Actually Says? by Surt · · Score: 1

      And just to be clear, legally no and effectively no also. Plenty of underage kids get into R/NC-17 movies because enforcement is in fact quite lax in most areas of the country.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
  42. How do we fight back...? by gonza · · Score: 1

    With bigger guns of course! Go out and arm yourself to the teeth and blow the shit out of other Americans to protect your 'rights'. Then get surprised when you don't feel safe at night.

    1. Re:How do we fight back...? by Anonymous Coward · · Score: 0

      Ummm, considering that close to half the population of the US owns at least one firearm, and Armageddon hasn't happened yet, I'm sleeping pretty well at night.

      But then, I don't have an irrational fear of inanimate objects, or any odd beliefs that otherwise sane, law-abiding people become violent criminals just from having access to firearms.

      Idiot.

    2. Re:How do we fight back...? by Anonymous Coward · · Score: 0

      I also don't believe that law-abiding people become violent criminals just from having a gun.

      You can be law-abiding and 'accidentally' still shoot someone. You must be very foolish and naive to believe that the high concentration of guns in the US isn't a major cause of shootings.

      But by all means own a gun and pretend that it doesn't make you more likely to be shot (If you read the facts you'll find that many shootings occur in the home, as accidents where paranoid family members shoot others thinking they are intruders).

  43. Game sales by H0D_G · · Score: 2, Insightful

    I work in a toyworld store- In Australia, one of the most censorious countries in the world for video games(no 18+ rating) "I'd like a copy of Ultraviolent Megadeath please" "sure. is your mum or Dad here?" "sure" Mum comes over "He'd like a copy of Ultraviolent Megadeath" Point- a big sticker does nothing

    --
    Kids! Bringing about Armageddon can be dangerous. Do not attempt it in your home!
  44. Gamer Defense Fund? by Gamingboy · · Score: 1

    How can we as gamers fight back against this type of government action?"

    Perhaps the answer is to make a Gamer Defense Organization that would pay for legal fees. A Gamer Defense Fund, if you will.

  45. The Governator by PhotoBoy · · Score: 2, Funny

    The Governator: As the duly appointed representative to California I feel it is my duty to ban the sale of violent videogames to minors. Now if you will excuse me I'll be back. I have to go and make another movie where I kill lots of people and sexually harass the women on the set.

    Someone with a brain: Isn't that being hypocritical Mr Schwarzenegger?

    The Governator: Don't insult me, I have never even looked at another man.

    1. Re:The Governator by Dachannien · · Score: 1

      Hypocrisy is irrelevant when it comes to governmental policy. If (hypothetically) a legislature consisted entirely of convicted murderers, and they all voted to increase the minimum sentence for murder, that's hypocritical too, but that doesn't by itself make it the wrong thing to do.

      See also ad hominem to quoque.

  46. ESRB Has Failed by Anonymous Coward · · Score: 0

    The push for this law is a perfect example of how the ESRB has failed in its duties. The ESRB's mandate is to create a system so the software game industry can regulate itself instead of having the goverment regulate it for you. A serious question that needs to be asked here that nobody is asking how can this be prevented for other industries? Is it too late for the ESRB to correct its ways? Is the ESRB needed once all these laws pass? etc.

    Sorry for my bad english, english is a 2nd language for me.

  47. As bad as cigarettes? by TecnaDigit · · Score: 1
    "The health threat involved with kids playing such games is equivalent to smoking cigarettes."

    Unvaringly, every seven seconds, someone dies of lung cancer because they played violent video games.

    What really saddens me is the fact that something like this actually had to come into politics. Sure it might help parents, but the fact that parents need help being parents frightens me.

    If it helps, it helps. Fine. But if it doesn't help, obviously ratings weren't the problem.

  48. You mean how can we encourage more of this? by analog_line · · Score: 0, Troll
    Children should not be able to buy Grand Theft Auto/Manhunt/Playboy Mansion games without an adult's obvious express permission. A lot of people whine about how "the parents need to take responsiblity for what their kids do" and I completely agree. With the parents of today, who on the whole don't want to be bothered by what their kids are doing, these laws are the only real way of forcing these shithead parents into minding what the hell their kids are doing.



    People claiming the slippery slope here, or censorship either don't have a grasp on reality, or are under 17 and whose parents would now be forced to parent. Or parents that don't want to do anything, and want the "nanny state" to allow them to let their kids run wild so someone else can deal with their unwanted progeny.

  49. Like movies... its how they're rated that matters by Anonymous Coward · · Score: 0

    What constitutes a 'violent' video game. Cartoons are absurdly violent, but because they aren't even remotely realistic we (used to?) let kids watch them for hours on end.

    Video games are somewhat more of a grey area. Battlefield 2 is clearly intended to look like real life, whereas say everquest 2 is not. Granted they're different genres but there's no reason (theoretically) you couldn't do BF2 as an MMO or EQ2 characters in a FPS. So is one violent and one not? How about using BF2 graphics in the sims, well maybe it will be violent maybe it won't be.

    How about sid meirers "Pirates" by firaxis? Well, you are after all, a pirate, which in general would seem the sort of behaviour we would discourage in children, but what about a 14 year old?

    Ratings on games probably need somewhat finer tuning than movies, and probably need a government mandated rating system. Not that the ESRB is bad persay, but who is it accountable to as such?

    The really grainy area is stuff like KOTOR2 and GTA. Both communities are recovering content on the disks that isn't accessable through normal gameplay. In KOTOR2 this happens to be (partially complete) content the developers would like to have included properly but didn't have time whereas "Hot coffee" was something the developers decided was best not part of the game. How do you rate that work, or should it be rated at all, and isn't releasing patches with new/more/different content an important part of the modern PC game industry.

    I think paradox entertainment goes through this with poison gas in victoria empire under the sun, and with 'Nazi symbols' type stuff in hearts of iron (WW2 simulator), where showing nazi flags is a nono, and you can't 'terror bomb' as such, but you can use nuclear weapons. Very strange, some sort of senible (or at least consistent, sensible may have to wait) system on which to rate all this would be nice.

  50. He'll Be Back by Doc+Ruby · · Score: 1

    Why would a killer robot from the future stand in the way of sales of violent videogames? It would never stand in the way of Californians doing what they want in their personal lives. It would never rely on activist judges to interfere with laws drawn by representatives of the people.

    --

    --
    make install -not war

  51. Damn by Lifewish · · Score: 1

    except we're not going to have any Governers walking the plank

    But it'd solve so many problems!

    --
    For the love of God, please learn to spell "ridiculous"!!!
  52. Re:1st Amendment Rights lost? by suitepotato · · Score: 2, Informative

    Wrong further. Pornography is BANNED under American legal precedent BECAUSE it is considered obscenity and obscenity is considered outside the First Ammendment. Adult entertainment must be pegged by a court AS pornogrpahy AND obscenity or it is merely indeceny but NOT pornography. The government does NOT regulate the sale of porn which would be regulating the sale therefore of obscenity and thus by default admitting that it has its place, rather it regulates the sale of objectionable materials and their assumed affects on individuals based on age, statistical experience, and a lot of assumptions.

    This splitting of hairs has largely come about because the majority of Americans publicly would ban adult entertainment and not just limit it but privately want to be free to enjoy it if they change their mind. They want to have their cake and eat it too. There's also a fair amount of emotional and spiritual exhaustion on this in the land after close to thirty years of the subject being intertwined with everything from civil rights to Viet Nam to television.

    Minor nitpick, but it is important to the remember that at present in the US, any speech or press deemed without redeeming value and in contravention of the supermajority of community standards is thus considered obscene and thus not protected whatsoever. However, not a lot manages to satisfy that for every judge up the chain to the SCotUS which has taken for itself the status of ultimate arbiter when in fact the US Constitution gives no such power to them or the executive or legislative branches to decide what the line to draw is or even that there can be such a line.

    --
    If my grammar and spelling are off, I am [distracted/tired/careless] (take your pick)
  53. Great, problem solved! by Anonymous Coward · · Score: 0

    I'm sure this legislation will work at least as well as CA's gun control measures have prevented violent crime.

  54. What to do by Arandir · · Score: 0, Troll

    Does this action signal the start of a disturbing trend of the restriction of First Amendment rights?

    No, because this action has nothing whatsoever to do with your First Amendment rights.

    How can we as gamers fight back against this type of government action?

    A) Figure out what the First Amendment actually is. And all the otehr amendments. While you're at it, go ahead and read the preceeding articles as well.

    B) Stop voting for big government politicians. That means stop voting for Democrats AND Republicans AND Greens. For every one of you wanting a big government to control some other guy there's always someone else wanting a big government to control *you*!

    --
    A Government Is a Body of People, Usually Notably Ungoverned
    1. Re:What to do by stinerman · · Score: 1

      That means stop voting for Democrats AND Republicans AND Greens

      Seeing as you included the Greens in the list of "big government" politicians, it reasons that you have no clue as to what the general platform of the Greens calls for.

    2. Re:What to do by Arandir · · Score: 1

      Greens may be for decentralized government (which is itself a good thing), but that does not mean they are for small government. Almost every one of their policies involves an increase in the scope and power of one government entity or another. Whether I'm being screwed by the feds and states, or being screwed by a local county or city commission, I'm still being screwed.

      --
      A Government Is a Body of People, Usually Notably Ungoverned
  55. ESRB already tried that. by BlueHands · · Score: 1

    The problem that this bill "fixes" doesn't exist.

    Adults already make the VAST portion of buying & renting decisions for games, either for themselves or for their kids. This law is not going to cause much change in the way games are sold and rented. This solution was tried already when the ESRB was first introduced. It was supposed to head off legislation. Did it work?

    What this law DOES do is say, "It's ok to put restrictions on things cause there are BAD THINGS out there that parents need help with." These are the other BAD THINGS that a 17 year old can not do but a 18 can:

    Vote
    Buy a Gun
    Get Married
    Have Sex
    Buy cigarettes
    Join the Armed Forces
    Buy a Video Game

    Now, the point isn't all the rest are FAR more important, or how you can drive a car before you buy a game about violently driving a car. It's that you are setting such a low threshold for what deserves restriction.

    Now someone can come along and say, "Buying a gun is a big decision. You need to be 18 to buy a video game, don't you agree you should be older than that to buy a gun/cigarettes/have sex/vote? That's much more important."

    Suggesting that violent video games are in the same LEAGUE as the rest of them is insane. It is tacit to saying that books should be rated. I mean, can you tell me why a video game about killing someone can be restricted, a movie about killing someone can be restricted but a book about the same topic can not?

    --
    I mod everyone down who says "I'll get modded down for this." I hate to disappoint.
    1. Re:ESRB already tried that. by Frank+T.+Lofaro+Jr. · · Score: 1

      Perhaps it is a prelude to make such games illegal in general - stigmatize - then ban - eventually get it to where possession is a felony.

      I agree it can be used also as a justification for raising the age limits on other things. Luckily the right to vote at 18 would require a Constitutional Amendment to repeal.

      --
      Just because it CAN be done, doesn't mean it should!
  56. legislation is simply overkill by Anonymous Coward · · Score: 0

    While the law doesn't seem terribly harmful in and of itself it does sort of seem like overkill to me. I'm an adult that grew up playing the most twisted and violent games the 90's had to offer. Who can forget the joy of killing police that look like pigs and shooting stippers to watch dollar bills settle around the remaining bloodstain in Duke Nukem? That was a blast when I was 14... and still is if not for slightly different reasons. The point is that all along I never took it seriously enough to run out and kill a real stripper downtown and then try to escape through an air duct when the police arrived, stopping of course to urinate for ten health points before crawling into the ventilation system. My pacifist self is still nervously awaiting the day the explosive violent temper that MUST have been generated by countless hours of playing DOOM emerges. If anything the extreme imagery and concepts of such games made me a much more reasonable person. I grew up without parents that shielded me from imagined demons lurking around every corner of the media. I grew up with parents that instead taught me the value of understanding all things objectively.

    So what I say is, is an act of legislation really necessary to regulate an IMAGINED problem? Let's just go ahead and make some more laws regarding communism and witches. That would be equally as productive. Sheesh. It's just not called for!

  57. Stupid idea... by Lonewolf666 · · Score: 1

    ...because it means giving legal power to someone who is not supposed to have it. Suddenly the ESRB rating board, which is not accountable to the government or to congress, can dictate terms to the industry.
    Great way to create a new, out-of-control bureaucracy that will eventually grow into a moloch.

    --
    C - the footgun of programming languages
  58. I'm all for it by FictionPimp · · Score: 1

    I for one want the sale of video games banned to all children. That way we can get over ourselves and make even more violent video games because hey, their only for adults right?

    I mean imagine if every video game didn't have to worry about ratings, we could get more bad lanaguage, more sex, more violence. It would be a utopia of gaming.

  59. If it's good for movies.... by Targon · · Score: 1

    I don't see a problem with restricting "Mature" rated game sales to those 17 years of age and above. If a parent wants to buy a M rated game for their child, that's fine, but CHILDREN should not be allowed to buy games intended for older people.

    I would understand more complaints if they said that Mature titles had to be kept in a seperate area the way X-rated movies have their own room in places that rent movies, but just having a more obvious sign on the game box shouldn't bother people.

    A warning sticker isn't the same as limiting availability. The only potential problem is that places like Wal Mart could potentially stop selling M-rated titles as a result.

  60. Videogames v Football by bmasel · · Score: 1

    Have these legislators compared the damage to children from games featuring virtual violence, with the damage from games featuring actual violence? Where's the calls to prevent children from watching, or playing, football?

    --
    Ben Masel: 51,282 votes for US Senate in the Wisconsin Democratic Primary
  61. ...unless we're 12... by FacePlant · · Score: 2, Funny

    In other words, stop being so damned critical, just because the big, bad government made a new law that doesn't actually affect any of us, unless we're 12.

    This is Slashdot, right?

    --
    My Heart Is A Flower
  62. Some retailers will stop selling these games by dupont54 · · Score: 1
    You're right, it will not *directly* restrict free speech.
    But for retailers, it will be pretty hard to implement this measure: you've got to properly train and monitor your employees, and if you let one M game slipped in the hands of a children, ... In both way, it hurts your bottom line. Some there is some chances that some big retailers just stop carrying M titles, and without those retailers, publishers would stop or severly limit release of new M games.

    Thus, it is in some way a form on indirect censorship. Moreover, similar laws have alread been ruled anti-constutional (but IANAL and I don't know the reasons why).

    Moreover, the Californian law is not based on the ESRB ratings, but on its own rating. So who will rates the games? Also the 18+ label they should put on the box is ridiculously large.

    And as most retailers will say, kids who still want the game will just piss off their parents until they buy it, without realizing what really the game is (as usual). Also playing a *edgy* game will become way much more thrilling for them.

  63. Go with what you know by raju1kabir · · Score: 1
    How can we as gamers fight back against this type of government action?

    I would have thought the answer was obvious. Blow the door off the State Assembly Hall and frag the hell out of everyone in there with your +4 Laser Pistol of Lordly Might.

    --
    "Patriotism is your conviction that this country is superior to all other countries because you were born in it." -- GBS
  64. What about violent other media? by Anonymous+Custard · · Score: 1

    What about violent books? I think a kid would get more messed up by reading some Stephen King novels than by playing a game with a naked woman in it.

    1. Re:What about violent other media? by blunt_instrument · · Score: 1

      Remember the big deal that was made by the Senate back in the early 90's about Beavis & Butthead? There was an episode where the dynamic duo blew up a mobile home while playing with the stove. Some dumb kid repeated what he saw on TV, and this was immediately followed by a huge public outcry of "This has to be banned FOR THE CHILDREN'S SAKE!" MTV caved and removed some of the best episodes. The government won't do anything to address the root of childhood violence. They merely pay lip-service so they can try to convince their constituents that they are actually doing something other than just blowing hot air. Any kid that imitates something hazardous that they've seen on TV or in a game already has some serious issues.

      --
      I'm not a misanthrope; I just hate stupid people.
  65. Not the populace but the legislature by AHumbleOpinion · · Score: 1

    The populace continues to surprise.

    The legislature is largely to blame not the populace. The California legislature is largely out of control, it has been so for many years, it's nearly impossible to vote out an incumbant.

  66. Contributing to the deliquency of a minor by Some_Llama · · Score: 1

    Does anyone know if this law would make it illegal to let a minor play these games?

    The same way it is illegal to give a minor booze or porn?

  67. What's worse: whacking off, or shooting people? by Anonymous Coward · · Score: 0

    Do you really think that it's worse to expose children and teenagers to sex, an activity that's not only socially acceptable (between consenting adults) but required for the continued existance of our society, or violence, which is so socially unacceptable that we routinely lock people in cages for it?

    Sure, more teenages engage in unsafe sex than felonious assault, but low-grade violence and intimidation is exceedingly common.

    I don't think that it's the government's place to decide what kind of art[0] can be sold to which citizens. It's up to parents to educate their children so that they can deal with what they encounter in the world. That includes depictions of sex and violence.

    [0] Video games are an art form, though they're not often thought of that way.

  68. Hurt the gaming industry??? I think not! by Anonymous Coward · · Score: 0

    Why do movie makers want thier movies to be rated R? So their target audience (teens) will want to see it! The way I see it, this will help the industry because when most kids see something that is off-limits they will want it even more. Yes they will get it one way or another, just like people still got alcohol when it was abolished.

    By the way, I agree with most of the previous posts, it is the parents job to monitor what their children are playing. It is the parents responsibility to raise their children, not the governments responsibility.

  69. Heh heh, that's pretty good... by Anonymous Coward · · Score: 0

    I don't think it's quite right to moderate down an on-topic quotation from Fahrenheit 451.

    But if you're going to do it, "Flamebait" is probably the right tag to use. Especially if you know what eventually happens to the character who said those words...

  70. An open letter to "Them:" by Maggott · · Score: 1

    Why is your child allowed to forgo his daily prayers to Baal? Why is he allowed to frolick and talk to other children when they will clearly detract from his devotion to Our Dark God?

    No, seriously. Tell me the difference.

    In case the difference in your mind is "Because that is ridiculous," I will state my point in concrete terms.

    The comparison to violence and violent video games is equally ridiculous. It is a sign of a fundamental failure in critical thinking. Assuming similarity between objects based solely on our associations is cognitively incompetent.

    We believe video games will lead to violence...why? Because they look like violence. Because they take on the appearance of violence. So they must cause violence. That's retarded.

    They're *not real.* You know what? They're not even violent; nobody is being harmed. You just call them violent because they sensorily resemble violence.

    Case in point: Play a video game. Jump down a cliff. Then turn off the TV and look at your body. Are your bones broken? Are you lying shattered at the bottom of a ravine?

    Why not?

    Well, guess what. Eight year olds can answer that question just as fast as you can. Don't believe me? Ask one.

    The Religious Reich commissions study after study where they stare down the surveyers and say "This study MUST PROVE THAT VIOLENT MEDIA CAUSES VIOLENCE. We are not asking a question here. Do we make ourselves clear?" And even under those circumstances, they all seem to say "Well, as far as we can tell, video games are no more encouraging of violence than baseball, go-fish or scripture reading." Why? Because of the miracle of the control group. With a control group, you have to go off of the math. You'll find that the studies that imply violence increases do not typically have one. Those that do cannot draw any meaningful correllation, or draw correllations that look really, really bad for the point they're trying to make. (Such as finding that children's aggression increases drastically after, for example, a one-hour session of scripture study)

    The whole concept reeks of stupidity. Not just misconception; flat out stupidity. The same people who claim video games will turn kids into bloodthirsty sociopaths are also claiming that video games will turn kids into fat, unmotivated slobs who won't even get off the couch to put out a fire. Have you ever heard of a fat, unmotivated serial killer? Have you ever heard of a terrorist slacker? Have you ever met a bully? They're all jocks who beat up on kids who play video games. Yet nobody says that children should be protected from sports, because adults like sports and adults are hypocrites.

    This is a cultural problem. Your cultural superstitions say video games are bad. My cultural superstitions say you're all retards. I figure, if I agree not to declare jyhad on you for contaminating our culture with senseless, fear-mongering memetic bullshit, it's only fair that you keep said bullshit and the neanderthal emotional logic that leads to it out of our shared legal system.

    And if that didn't make sense, I'll leave you with this final statement: Impiety before Baal leads children to smoke, drink, and engage in premarital sex. There's no reason I should allow you to put my child at risk by allowing your children to skip their prayers to Baal.

    And if enough people said that enough times, eventually people would vote for it, and eventually your child would be forced to worship Baal. That's the kind of culture you're encouraging here. Do you think it matters whether it's ridiculous? It obviously doesn't matter to you.

    Why should I, as an adult, give a shit? Because I was a kid once. Because I, as an adult, see a whole lot of fascist parents who don't know their ass from their mouth who's children genuinely are sociopaths. In all cases, the children were forcefully sheltered from everything associated with being objectionable. Me