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California Passes Violent Games Bill

TecnaDigit writes "Today, after sitting on the bill for nearly a month and constant political pressure, Governor Arnold Schwarzenegger signed Assembly Bill 1179, the bill that would prohibit the sale and rentals of violent video games to minors. Again, the Entertainment Software Ratings Board and the Video Software Dealers Association (VSDA) are challenging the bill. According the the VSDA, the bill is faulty in that a game is decided whether or not it is 'violent' by juries, and different juries could have different opinions on what is defined as 'violent'." Commentary on GamerGod.

64 of 341 comments (clear)

  1. Ackkk I hate freaking subjectivity by technoextreme · · Score: 5, Insightful

    Let the parents decide what is too violent and what isn't and be done with the whole thing. If parents cared then we would not be in this whole entire mess.

    --
    Ooo man the floppy drive is broken. No wait. The computer is just upside down.
    1. Re:Ackkk I hate freaking subjectivity by Coneasfast · · Score: 5, Insightful

      Let the parents decide what is too violent and what isn't and be done with the whole thing. If parents cared then we would not be in this whole entire mess.

      what mess are we in? are we still assuming that violent video games lead to violent behaviour in real-life? we've been over this argument a dozen times.

      --
      Marge, get me your address book, 4 beers, and my conversation hat.
    2. Re:Ackkk I hate freaking subjectivity by technoextreme · · Score: 3, Insightful
      what mess are we in? are we still assuming that violent video games lead to violent behaviour in real-life? we've been over this argument a dozen times.
      No. I was refering to the fact that everyone's definition of what is too violence is different.
      --
      Ooo man the floppy drive is broken. No wait. The computer is just upside down.
    3. Re:Ackkk I hate freaking subjectivity by Geoffreyerffoeg · · Score: 4, Interesting

      If parents cared then we would not be in this whole entire mess.

      Which is precisely the point. Too many parents don't care. Most of them do, but there is a minority that's way too anarchic with their children. I don't have much of a problem with organized anarchy, but it doesn't really work for raising children.

      The real solution would be to find the parents that don't..well..parent, turn the kids over to child protecive services and then a loving adoptive family, and castrate the parents. (Hopefully if you catch the parents while the child is young enough, it won't be too traumatic.) And then monitor the child in case the bad parenting is genetic.

      The very existence of the need for a government agency of child protection is proof that there are parents who don't parent.

    4. Re:Ackkk I hate freaking subjectivity by Shakrai · · Score: 2, Interesting

      Let the parents decide what is too violent and what isn't and be done with the whole thing. If parents cared then we would not be in this whole entire mess.

      You know, as much as I agree with you and as stupid as these laws are, we don't do ourselves any favor by devoting the public debate to this stupidity.

      The video game makers do themselves no favors by fighting these laws either. They just rally the rabid religious nut jobs pushing these laws in the first place while giving grandstanding politicians (*cough* Hillary *cough*) a chance to prove how much to the "center" they are. Do they really think that Mom and Dad won't buy the games anyway?

      Every minute of coverage this gets is a minute less that the Iraq War gets. Or that the Karl Rove leak gets. Or the energy crisis. For pity sake -- give the religious nuts the illusion that such a law would make a difference and let's get the public debate back to something that actually matters.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    5. Re:Ackkk I hate freaking subjectivity by compjinx · · Score: 5, Insightful

      Correct me if I am wrong, but this law simply restricts minors from purchasing/renting "violent" games without their parents' knowledge. This simply forces the parents to get involved. If a parent doesn't think that the game is too violent, then that parent can simply authorize the purchase (ie: purchase it for the child). This law seems to really be made for parents who don't care to get involved with their child; it simply governs the child when the parents fail to.

      --
      I will not lower myself to using a lame-joke sig... dangit!
    6. Re:Ackkk I hate freaking subjectivity by Meagermanx · · Score: 5, Funny

      Have you seen this Mario dude? He kills these little mushrooms and turtles by smashing them with punches, kicks, and landing on their heads. He hits stuff with hammers and burns his enemies with the fireballs he throws.
      The game is also racist. ALL Goombas are evil, ALL koopas are evil, and ALL of bowsers children are automatically evil. What happened to judging people on the content of their character?

      Is this the kind of game you would want your 12 year old playing? Are we going to let some punk kid deal this to our children from orders handed down from an evil corporation called "EBGames", it's true intentions hidden behind a veil of technical legality?

      Gentlemen, I propose a witch hunt.

    7. Re:Ackkk I hate freaking subjectivity by bigtrike · · Score: 2, Insightful

      Let the parents decide what is too violent and what isn't and be done with the whole thing. If parents cared then we would not be in this whole entire mess.

      Parents would still be able to buy these for their children if they wanted.

    8. Re:Ackkk I hate freaking subjectivity by Shakrai · · Score: 4, Interesting

      People who oppose this bill are anti-family

      That's one of the nice buzzwords used by Republicans and the religous right to discredit people in debates, but WTF does it mean? How can somebody be "anti-family"? Does that mean you wish for divorce? Spousal abuse? I hate that fucking term and it needs to get it's own Goodwin's Law.

      this has nothing to do with the sale of these types of games but with the right of parents to control what comes into their homes. If a parent sees nothing wrong with the game they can buy it, end of discussion. People who oppose this bill are the types who gripe when movie theaters card for an R rated movie

      And parents need a law to control what comes into their home? How are the kids going to buy it unless the parents give them money? And what happens exactly if they do buy it and the parents don't approve? They can't take the damn thing away? That's what my parents would have done -- no laws required.

      And I am one of those people who complains when I get carded for an R-rated movie and I refuse to show my ID. If they refuse to let me in (hasn't happened yet) then I'm going to get a refund of my money. As an adult I think I've earned the right to enjoy a movie without being carded. Besides which, this type of nanny state attitude leads to some pretty ridiculous occurrences -- like when I got carded at Wally-World for buying "Peacemaker", but not for buying beer the next day.

      This bill has nothing to do with the games but seeks to reinforce the concept of parental control. Period.

      My parents managed to have control without needing the state to enforce it for them. This bill has nothing to do with parental control and everything to do with the culture war and grandstanding politicians looking to impress people. Period.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    9. Re:Ackkk I hate freaking subjectivity by Shakrai · · Score: 4, Funny

      Have you seen this Mario dude? He kills these little mushrooms

      At least he's on the right side in the War on Drugs....

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    10. Re:Ackkk I hate freaking subjectivity by Genevish · · Score: 4, Funny

      At least he's on the right side in the War on Drugs....

      Not true. He also eats the "magic mushrooms" which give him "special powers". Druggie...

    11. Re:Ackkk I hate freaking subjectivity by Shakrai · · Score: 4, Funny

      Like I said, he's on the right side in the War on Drugs ;)

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    12. Re:Ackkk I hate freaking subjectivity by Vitriol+Angst · · Score: 4, Interesting

      Wait, is this Arnold Swarzennegar we are talking too?

      Unless he repents all his movies -- which were mostly aimed at the same kids this bill is designed to "protect" -- isn't there a mental disconnect?

      I saw "Collateral Damage" -- and it was "sorta fun". But this violence filled fantasy has nothing practical about solving societies ills, other than the timeless virtue of killing a few innocent bystanders as long as you "get the bad guy".

      Anyway, I'll agree with everyone saying "parents" .... but we can't control everything a kid comes in contact with. The current games are labelled (which just means they sell better). But I just look back on how violent people were before TV and video games and have to wonder why the world wasn't cured of all evil back then.

      If people really want to reduce violence, then they'd be better off improving kids diets in the schools. Perhaps giving courses on conflict resolution. And, paradoxically, martial arts or fight training. People who feel threatened, angry, or weak will get more violent. I don't see how a video game would change this other than in the most empty life.

      --
      >>"ad space available -- low rates!!!"
    13. Re:Ackkk I hate freaking subjectivity by Vitriol+Angst · · Score: 2, Interesting

      I agree that violent crime has gone down.

      Heck, I hope in twenty years, we still have kids healthy enough to get in fights -- instead of overweight, asthmatic wimps.

      If there is any big issue, it would be with gang violence. Often these kids come from single parent or two over-worked parent homes where their is little parental involvement. I was just talking to a police officer who deals mainly with gang violence. But, we can't just change these parents by making lofty moral comments or more severe criminal punishments. Realisticly, these kids are societies problem.

      Society has chosen to ignore these kids. There aren't many places for kids to hang out and be kids that isn't going to cost parents time and money. Since we already know these parents won't or can't be part of the solution, we need to find something (and pay for it) for these kids to do. Otherwise they are going to be hanging out in prisons and costing us a lot more.

      The problems with gangs goes beyond the statistics we might see. This is creating a new culture not part of society and disenfranchisement. I also would be concerned about statistics. There is a built in political incentive to "reduce the number" of crimes reported. So, where I don't "feel" teen violence is getting worse -- I don't know if the reported rate is in line with the real rate of crime.

      --
      >>"ad space available -- low rates!!!"
    14. Re:Ackkk I hate freaking subjectivity by homeobocks · · Score: 2, Funny

      Source that violent crimes for majors and minors have been going down since (about) the time video games became really popular.

      --
      MOUNT TAPE U1439 ON B3, NO RING
    15. Re:Ackkk I hate freaking subjectivity by keraneuology · · Score: 3, Insightful
      How can somebody be "anti-family"?

      By undermining the concept that the parents are responsible for their children and what comes into their homes.

      And parents need a law to control what comes into their home?

      When merchants will sell anything to anybody, yes, they do. The government can't do anything about parents who give sips of wine to their kids at dinner but it can certainly prevent merchants from selling merlot to a nine year old. This law lets parents do what the parents want with their kid and seeks to ensure that the decision remains with them.

      How are the kids going to buy it unless the parents give them money?

      Um... maybe the kid has a job? A paper route? Mows lawns and shovels snow and is paid in cash? Perhaps the kid tutors other kids on the side? Maybe sells hacking services to a foreign government? You were kidding when you suggested that the only source of money for a 15 year old is his parents, right?

      My parents managed to have control without needing the state to enforce it for them.

      What was the equivalent of GTA:SA that your parents needed to worry about being brought into the home?

      This bill has nothing to do with parental control

      This bill has everything to do with parental control... please reconsider: a law that says that shopkeepers aren't allowed to sell things to minors that their parents don't want them to have certainly doesn't do much for anybody else...

      --
      If the g'vt kept the data on you that google does you'd better believe you'd be calling it "doing evil"
    16. Re:Ackkk I hate freaking subjectivity by mclaincausey · · Score: 2, Insightful
      The problem is that the pathogen does not result in the negative consequence 100% of the time.
      That's a poor analogy. Smoking impairs the health of your lungs 100% of the time. This might not manifest itself as emphysema or cancer every time, but from a health perspective, you are always better off not smoking. That's been proven under rigorous conditions. Shortness of breath, wasted money, yellowed teeth and nails, etc. are negative consequences, if of lesser degree than lung cancer.

      Applying this to your argument, violence in video games always has negative psychological effects, but they do not always manifest themselves in the form of violence. I do not know whether or not this is true, but for such a statement to be made, I would expect it to be qualified with research, which, as you note, has not been done. Even if this were done, I would expect justification for extending the laws that are already in place, including the ratings system. Therefore, there is no scientifically valid reason for such a law, and moral majority does not qualify as a valid reason to pass any law. In other words, laws should not be enacted unless their is a reason for them. Authority is subject to reason.

      Maybe they aren't "anti-family." Maybe they are pro-First Amendment. Do you really think there is some Faustian character in government seeking to destroy families? If so, would you care to provide evidence rather than placing invective monikers on those who disagree with you?

      These games are not made for children and there is already a ratings system in place. Even using a term like "anti-family" evinces the sort of reactionary paranoia typical of that exhibited by sanctimonious right-wing moralists. No one is "anti-family," and it's a ridiculous term.
      Parental control is the responsibility of... anyone? anyone? the PARENTS. If the parents choose to let a video game console raise their children, then the responsibility for what their children are exposed to falls on.. anyone? That would be the parents' shoulders. The hypocrisy of a figure who made his career on graphic depictions of violence (well, that and political buy-offs) signing such a bill into law is just ...anyone? ...anyone? staggering.

      --
      (%i1) factor(777353);
      (%o1) 777353
    17. Re:Ackkk I hate freaking subjectivity by RWerp · · Score: 2, Insightful

      The argument "let the parents decide" could be as well applied to:

      1. let the parents decide whether they teach their children fairy tales or quantum mechanics
      2. let the parents decide whether their kids can have sex with them
      3. let the parents decide whether their kids can take drugs or not
      4. let the parents decide whether their kids can drink alcohol

      It's not the state which wants to take away parent's rights. It's the parents who shy from their obligation to raise the kids. Everybody thinks that their kids will be raised and taught by someone else: school, TV, computers...

      --
      "Long run is a misleading guide to current affairs. In the long run we are all dead." (John Maynard Keynes)
    18. Re:Ackkk I hate freaking subjectivity by raoul666 · · Score: 2, Interesting

      Off-topic slightly, but let me just say, nothing helps one program in C++ like a couple grams of shrooms. Everything just....flows...

      --
      When cryptography is outlawed, bayl bhgynjf jvyy unir cevinpl
    19. Re:Ackkk I hate freaking subjectivity by drsmithy · · Score: 2, Insightful
      A Lt Col in the US armed forces has declared that these violent video games train people to kill.

      Note that this is a very different thing from making them *want* to kill.

      Nobody has presented anything to refute this.

      Did his statement offer anything more than opinion ? If not, there's nothing to refute.

    20. Re:Ackkk I hate freaking subjectivity by hazah · · Score: 2, Insightful
      You should probably give up reading then. And stay away from the theater. Please avoid television, and other people.

      All of those things will shift your world view. They will make you follow other people's actions, and some of them could be cop-killing aggressors, so... you probably don't want that.

      Seriously tho, what makes you think that shifting your world view in one way or the other can do you harm? Some one could have taken those same martial art classes and become a violent (and capable) aggressor. You didn't. I doubt that it would be possible to do to you, save severe childhood trauma such as abuse (or something).

      What does make sense is the complete opposite. First, you learn to step into other people's shoes, in your mind. Then when they attempt to communicate something to you, you magically understand what/where/why/how/who. The more poeple you are able to do this with, the more "open minded" type of a person you will be. Isn't that the point?

      Innocence, is not "impossible to recover". It's a delusional attempt to feel "humble". A concept which very few people seem to understand. Humility, not innocence. Innocence can be determined. Humility is attained throughout your lifetime.

  2. Why, oh why.... by zappepcs · · Score: 5, Insightful

    Do we need legislation to set up ratings schemes? Once its rated, selling to minors is illegal already.

    No matter how much law is enacted, they still won't be able to enforce the law with anything that approaches what people envision. Grandmothers and family members will still buy games and movies for kids when they shouldn't....

    What a gigantic waste of time and money... pfft!

    1. Re:Why, oh why.... by NoMercy · · Score: 4, Informative

      In the UK some games are rated by the official censor, notably those with adult content or excessive violence, which get legally binding age marks on them. But yes the ESRB stuff is all voluntary everywhere I believe.

    2. Re:Why, oh why.... by JP205 · · Score: 2, Interesting

      What happens when little Jonnie using his parents credit card places an order online for the latest release of quake, doom, halflife etc. can the retailer be held accountable? What if it's done though an online auction and/or across state lines? Couldn't Jonnie just take the buss to Nevada and buy the game there?

      It seems to me that this law will be very ineffective.

  3. Define irony by Pluvius · · Score: 5, Insightful

    A man best known for starring in violent movies that mostly appeal to adolescents signs a bill prohibiting the sale of violent video games to adolescents.

    Rob

    1. Re:Define irony by Geoffreyerffoeg · · Score: 5, Funny

      Heh. The Terminator just terminated terminating.

    2. Re:Define irony by iDaZe · · Score: 3, Insightful
      Today, after sitting on the bill for nearly a month and constant political pressure ...

      It doesn't really look like he was too eager to sign it. Give the guy a break.

    3. Re:Define irony by alan_dershowitz · · Score: 2, Interesting

      Terminator 3: rated R
      Collateral Damage: rated R
      The 6th Day: rated PG-13
      End of Days: rated R
      Eraser: rated R
      True Lies: rated R
      Last Action Hero: PG-13
      Terminator 2: rated R
      Total Recall: rated R
      Red Heat: rated R
      Running Man: rated R
      Predator: rated R
      Raw Deal: rated R
      Commando: rated R
      Red Sonja: PG-13
      Terminator: rated R
      Conan the Destroyer: PG (this movie was practically a live-action cartoon, btw.)
      Conan the Barbarian: rated R

      So, there you have it, his history of action movies, spanning over 23 years. He's got one PG under his belt, and three PG-13s. I have seen every one of these movies, and the only one I might dispute the rating for is maybe Last Action Hero. "Appealing to adolescents" is so vague that I can't possibly hope to dispute it (porno appeals to adolescents too!), but clearly his movies were restricted from adolescents.

      I don't think that's ironic at all. What's hypocritical to me is that he ran on a platform of being fiscally conservative and (fairly) socially liberal. He said on national TV that he didn't have a problem with homosexuals getting married, but when he had a chance to do something about it, he shitcanned it, and now this. Too rich to be bought, indeed.

    4. Re:Define irony by poopdeville · · Score: 2, Interesting

      I miss the days of violent and decadent R-rated action movies. I grew up on these things. I must have been 5 the first time I saw Predator and Die Hard. *sigh*

      --
      After all, I am strangely colored.
  4. Won't someone think of the children? by Raleel · · Score: 4, Insightful

    Like, the parents perhaps...

    --
    -- Who is the bigger fool? The fool or the fool who follows him? --
  5. Welcome to the jury system! by Entropius · · Score: 4, Funny

    They're complaining that juries give inconsistent results?

    That a jury might rule one way one time, and another way the next?

    These guys need to start submitting Slashdot stories. They're experts at old news.

  6. juries on trial by moviepig.com · · Score: 4, Insightful
    According to the VSDA, [a game's violence] is decided] by juries, and different juries could have different opinions on what is defined as 'violent'.

    Indeed. Although we routinely use juries to decide matters of actual life or death, using them to judge video-game violence is beyond their competence...

    --
    Seeing bad movies only encourages them. Watch responsibly
    1. Re:juries on trial by RexRhino · · Score: 2, Informative

      You are being sarcastic, but what you are saying is true.

      In a murder, there is a body. Everyone knows that a crime has been commited, it is just a matter if the person accused of the crime is guilty.

      With this, you are going to have a whole bunch of busybody housewives making subtle decisions on the content of games... something that most people who can't or don't want to get out of jury duty are not mentaly capable of doing.

    2. Re:juries on trial by Galvatron · · Score: 2, Informative

      Cute, but there is a substantial difference between deciding a matter of facts (did John Smith kill his wife?) versus deciding a matter of opinion (when Mario stomps on a koopa, does that make the game violent?).

      --
      "The question of whether a computer can think is no more interesting than that of whether a submarine can swim" -EWD
    3. Re:juries on trial by hunterx11 · · Score: 2, Insightful

      Juries are supposed to enforce the law, not create it. What this law creates is a situation where it is impossible to know in advance whether or not your actions are a crime. The whole point of having "a government of laws and not of men" is that the latter is a staple of tyranny.

      --
      English is easier said than done.
    4. Re:juries on trial by werewolf1031 · · Score: 2, Insightful

      hunterx11 makes a good argument, and I'd also like to add the notion that such a bill completely undermines the validity, effectiveness, and usefulness of the ESRB, who so far are doing a pretty good job IMO. If, by law, you as a game dev can no longer rely on the ESRB to determine the appropriate rating for your game, and thus whether or not its content should be considered violent, then how can you possibly be sure you're not breaking the law in CA? You can't. It now comes down to taking the ESRB's rating of your game as a 'suggestion' and hoping that no one sues you for voilent content, whether the game is properly rated or not. It's now "publish a game and take your chances".

      Rant #2: This whole fiasco arose due to the Hot Coffee mod, which depicted a (however laughably crude) sex scene in GTA:SA. But this is a violent games bill. Um... wha-?! Sexually explicit game results in violent game bill. Is anyone else not noticing this incredibly stupid and sheeplike disconnect among the politicians here? Or am I missing something here? If the latter, someone please explain this to me, I'd love to hear it.

  7. I just have to say... by imboboage0 · · Score: 2, Funny

    H0w wi11 12 y3@r 01ds be 1337 at CS if th3y @r3n'7 @110w3d t0 p14y i7?

    --
    Honesty may be the best policy, but by process of elimination, dishonesty is the second best policy.
  8. Violent Games... sigh by Kickboy12 · · Score: 5, Funny

    That's right, violent games make violent people, and Tiger Woods PGA Tour makes professional golfers.

  9. Last time I checked, by DJCacophony · · Score: 3, Informative

    California, along with the rest of the U.S. already has a system like this in place. It's called the ESRB ratings system. M (mature)-rated games can only be sold to people 17 and older, and AO (adults only)-rated games can only be sold to 18 and older.

    http://www.esrb.org/

    --
    Slow Down, Cowboy! It's been 60 minutes since you last successfully posted a comment.
    1. Re:Last time I checked, by nekojin · · Score: 3, Informative

      No. This is a common misconception of the ESRB rating system. The ESRB ratings are GUIDELINES only. There has never been any legal penalty attached to them, even the AO rating. Many stores had a policy of checking ID and/or refusing to sell an M rated or higher game to a minor, but there was no actual law against it.

  10. Ignorant laws... by macshome · · Score: 3, Insightful

    I heard Schwarzenegger on the radio and he was saying that when he was an actor he felt that the ratings system kept kids from seeing violent content, and stating that games needed similar ratings.

    Um? Hello? You mean like the ratings system they have now? The one that is more granular that the MPAA system? With movies I get a general "R" rating. WIth games I get a breakdown of what that "M" is for, similar to the TV ratings system.

    So do the people who come up with this stuff simply not realize that there has been a game content rating system in place for YEARS now? If not, that's just woefully ignorant.

  11. Ratings=good by heiders · · Score: 2, Insightful
    Since movies are rated for violence, why can't video games be? Movies don't have to make kids more violent to be controlled, but apparently games do. Same for sexual content, if you are going to put it in entertainment, expect it to be controlled.

    Parents don't want to watch every movie beforehand to see if it is suitable for their child, same goes for games. Rating is perfectly acceptable way to do it.

    For that matter, why don't people challenge movie ratings? The juries that rate movies are generally quite fair, can the game rating people not be fair?

    1. Re:Ratings=good by Compenguin · · Score: 2, Interesting
      "For that matter, why don't people challenge movie ratings? The juries that rate movies are generally quite fair"

      I think not

    2. Re:Ratings=good by Zerathdune · · Score: 3, Informative
      But there already IS a ratings system in place, I think this obscure body known as the ESRB manages it. the criteria is pretty similar to that of movie ratings, though the reasons for a rating are actually written on the box, so that you know that, for example, Half-Life 2 is rated M for "Blood" and "Intense violence" instead of having to guess whether or not your kid is going to be seeing sexually explicit material too.

      On a practical level, I don't really care about this legislation, beacause, on a practical level, it won't have any effect. Most stores have a policy of not selling M an AO games to 13 year olds anyway. However, the comments about how violent games increase crime rates piss me off. It's simply not true. There was like a six page article in Computer Gaming World a month or two ago on the subject, and it showed a graph of video game sales vs crime rates. If there was a relationship at all, it was perfectly inversely proportional (at least until the war in Iraq started, when the crime rates started to creep up again.) Video games are still a scapegoat for politicians and the media, and they will continue to be until people who grew up with the medium, and actually understand it, find their way into positions of power.

      --
      No single raindrop believes that it is responsible for the storm.
  12. What about sexuality? by Ignorant+Aardvark · · Score: 3, Insightful

    Does this bill only mention it being violent games that cannot be sold to minors? What about sexuality? If it doesn't mention sex - hooray! Finally a law that realizes that violence is worse than a normal human activity!

  13. Like every one else ... by SuperDuG · · Score: 4, Informative
    This will get thrown out in court. These laws have been tried in Indiana, Missouri, and are now popping up in Illinois and California.

    The problem is, that there is already judicial precedence on the issue.

    Kendrick, Teri, et al. v. American Amusement Machine Association (docket no. 00-3643)
    Appeal: Cert. denied, Oct. 29, 2001.

    Issues: Does an Indianapolis, Ind., law against minors playing violent video games in video parlors violate the First Amendment?

    Summary: The ordinance forbids any operator of five or more video-game machines in one place to allow a minor unaccompanied by a parent, guardian, or other custodian to use "an amusement machine that is harmful to minors," requires appropriate warning signs, and requires that such machines be separated by a partition from the other machines in the location and that their viewing areas be concealed from persons who are on the other side of the partition. The U.S. Seventh Circuit Court of Appeals ruled that the ordinance does violate the rights of those under 18 years of age. Judge Posner wrote the decision.

    Decision: In denying the appeal, the U.S. Supreme Court makes no ruling on the merits of the law or the challenge to it. It merely means that the case could not get the minimum vote of four justices needed to hear the appeal. It also means that all similar laws in the jurisdiction of the Seventh Circuit Court of Appeals are void under that court's ruling.
    The above is from http://fact.trib.com/1st.01.02supr.html ... which is the denial of appeal when the Indianapolis city government was told their law was UNCONSTITUTIONAL.

    Also check here http://www.constitutioncenter.org/education/ForEdu cators/DiscussionStarters/BanningViolentVideoGames .shtml

    and here http://culturalpolicy.uchicago.edu/conf2001/papers /walsh.html

    So this is nothing new people. Ever since the ID brought us a world where we could literally kill and watch Nazi's die (even before that really). This has been an ongoing debate.

    The one thing you MUST realize is that this is not a bill being pushed by the Right-Wing Conservative Nut Jobs (granted they aren't really all against it), this is being pushed by DEMOCRATS. You want to know who hates freedom of speech? Hillary Clinton, after the Columbine murders ordered the surgeon general to find a link between school shooting tragedies and Quake. He found no conclusive link, but that didn't stop her, Lieberman, and the rest of the gang from going hog wild trying to censor video games. I lean left politically, but you can bet your ass I don't agree with censorship.

    Do what I did, I joined the EFF http://www.eff.org/ and joined the ACLU http://www.aclu.org/

    --
    Ignore the "p2p is theft" trolls, they're just uninformed
    1. Re:Like every one else ... by Zeph · · Score: 2, Informative
      The one thing you MUST realize is that this is not a bill being pushed by the Right-Wing Conservative Nut Jobs (granted they aren't really all against it), this is being pushed by DEMOCRATS.
      Righto. It's simple to just take aim at Schwarzenegger, the dude is an easy target. The bill wouldn't have been signed, of course, had it not been for the passage by the legislature who put the thing on the Gubernator's desk. Instead of turning our rage or annoyance or whatnot against that fool, we would be better served finding out if our assemblyman or senator voted for this intrusive garbage.
  14. Hmmm.... I'll have to alter my game design a bit.. by RyanFenton · · Score: 4, Funny

    Hmmm.... I think I'll have to alter my game design a bit...

    Let's see, yeah - the main character will now be carrying around an arsenal of flower-based projectile seeders. Upon hitting the target, these "horticulture tools" will instantly spread a rather red blotchy flower, possibly dripping petals. People will be so enamored by these lovely blooms that they will instantly transcend their ugly everyday lives, given enough flowers, and fall to the ground in pure bliss - possibly with a soul-shattering scream of freedom.

    Some people will be driving around in horticulture-tanks, which do massive seeding. Upon sufficient counter-seeding, these tanks will celebrate the wonder of the event by launching short-range non-violent fireworks, breaking down once they are satisfied that their flowery job has been complete.

    The flowers will be everywhere - breaking down walls, flooding innocent cities, carried by massive armies of rabid horticultualist monsters. Apparantly, many people in the game world will be flower-phobic until properly administered to with a variety of area-affect flower spreaders.

    Thanks, California, for providing the perspective we need to make games imaginative, once again!

    Ryan Fenton

  15. The perverse part by kilodelta · · Score: 2, Insightful

    Unfortunately this bill misses the mark.

    I know numerous parents that buy their kids any video game they ask for, regardless if it shows sex, violence, etc. Better to do that than suffer the wrath of a pissed off pre-teen.

    The abdication of parental responsibility in the last twenty years is astounding. But I'm part of the generation that spoils its kids but fortunately have no little curtain climbers.

    If I did have kids they'd sure as hell play by my rules though.

  16. The price of complacency by inkswamp · · Score: 2, Insightful
    I'm honestly not sure who to side with.

    I abhor overreaching government intrusion into these kinds of things, but the video game industry has had ample time to step up to the plate on this. This has been an issue for over five years at this point. The film and tobacco industries self-regulate to some degree in this regard. There's no reason video game companies couldn't have done the socially responsible thing and headed this kind of thing off. It still may not be too late, but when money-grubbing video game companies and their corporate parents carry on like they don't give a shit, then I find myself extremely unsympathic to reactions against this kind of legislation.

    --
    --Rick "If it isn't broken, take it apart and find out why."
    1. Re:The price of complacency by Fulcrum+of+Evil · · Score: 2

      but the video game industry has had ample time to step up to the plate on this.

      What in the hell are you talking about? The video game industry has had fine grained rating systems in place for years. Or didn't you notice that ESRB sticker on every damn game in the store? The problem is parents that can't say no to their little horrors.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  17. It's worked so well for alcohol and tobacco too... by agraupe · · Score: 3, Interesting

    Kids will get their hands on games the same way they get their hands on alcohol and cigarettes: by finding a store too lazy to card them, or just getting an over-18 friend to go out and buy it for them. The first option is by far the best, because word-of-mouth spreads fast among kids with a desire to purchase age-controlled products; this means that the wealth of the newly-attained business will pay for any fines the government can hand down. The second option is the fatal flaw in any situation: there will always be some older guy you know, or some uncaring 20-year-old outside the store that will do it for you.

  18. He doesn't deserve a break. by CyricZ · · Score: 2, Insightful

    It seems he may be unfit to be a politician.

    If he did not want to sign this bill, then he should have not signed it, regardless of how much political pressure he was under. Freedom of expression for the Californian citizenry is far more important than him having to tolerate pressure from a few anti-violence extremists for a little while.

    --
    Cyric Zndovzny at your service.
    1. Re:He doesn't deserve a break. by Anonymous Coward · · Score: 2, Informative

      If he did not want to sign this bill, then he should have not signed it, regardless of how much political pressure he was under.

      Wrong. The system of government where one man decides what the law should be, based on his own personal likes and dislikes, is called "tyranny". In the system called "democracy", the law is decided based on what the people want, and the government - as servants of the people - are required to implement and enforce the laws the people want, regardless of their own personal beliefs.

      Therefore, if the people of California want this law (or have been convinced by $SLASHDOT_BOGEYMAN* that they want it), then they should get it. Period. Don't like it? Don't live in California.

      * $SLASHDOT_BOGEYMAN = random selection from (liberal_media, conservative_talkshows, religious_right, microsoft, gnaa, cowboy_neal)

  19. The Bill's definition of Violence by Zeph · · Score: 3, Informative

    The VSDA, according to the headline, suggests that juries will be the sole determinant in whether or not a game is "violent". The bill, however, is fairly explicit in its definitions:

    (A) "Cruel" means that the player intends to virtually inflict a high degree of pain by torture or serious physical abuse of the victim in addition to killing the victim.
    (B) "Depraved" means that the player relishes the virtual killing or shows indifference to the suffering of the victim, as evidenced by torture or serious physical abuse of the victim.
    (C) "Heinous" means shockingly atrocious. For the killing depicted in a video game to be heinous, it must involve additional acts of torture or serious physical abuse of the victim as set apart from other killings.
    (D) "Serious physical abuse" means a significant or considerable amount of injury or damage to the victim's body which involves a substantial risk of death, unconsciousness, extreme physical pain, substantial disfigurement, or substantial impairment of the function of a bodily member, organ, or mental faculty. Serious physical abuse, unlike torture, does not require that the victim be conscious of the abuse at the time it is inflicted. However, the player must specifically intend the abuse apart from the killing.
    (E) "Torture" includes mental as well as physical abuse of the victim. In either case, the virtual victim must be conscious of the abuse at the time it is inflicted; and the player must specifically intend to virtually inflict severe mental or physical pain or suffering upon the victim, apart from killing the victim.
    (3) Pertinent factors in determining whether a killing depicted in a video game is especially heinous, cruel, or depraved include infliction of gratuitous violence upon the victim beyond that necessary to commit the killing, needless mutilation of the victim's body, and helplessness of the victim.


    Interesting that mental torture is included in the definition; so much for Medal of Honor: Abu Ghraib. There does seem to be a theme that simply blowing away your enemies isn't enough -- you have to relish it, go out of your way to cause extra pain to the digital victim -- "gratuitous violence upon the victim beyond that necessary to commit the killing."

  20. Blame the nannies in the legislature for this by John+Jorsett · · Score: 4, Insightful

    I notice that nobody is bitching about the busybodies in the California legislature who actually wrote this bill. This is just the latest in their endless campaign to make us all Better People. No soft drinks or junk food in schools, no "ethnic" team mascots or names, feng shui in the building code, requiring vending machines to sell health food, banning GMail ("we think it's an absolute invasion of privacy. It's like having a massive billboard in the middle of your home"). These are all recent bills they've considered. These people, mostly Democrats, have an absolute mania to micromanage our lives in this state, and we somehow keep electing these radical loons.

    1. Re:Blame the nannies in the legislature for this by John+Jorsett · · Score: 2, Informative
      Feng shui in public buildings and banning GMail? Yeah I know this is off topic but I'd really like to see some sources cited for those two bits mentioned. Or were you being facetious?

      Banning GMail
      Feng Shui

  21. Re:Funny by MacFury · · Score: 4, Insightful
    If you're a minor, you've got no say in the matter. If you're an adult, why the hell should you care?

    If you're not a slave, why should you care about slavery? Dangerous logic my friend.

  22. When will it end. by PacketScan · · Score: 2, Funny

    A jury of 15 have found that Sylvester and tweety was too violene for anyone under 18. This Came about after the parents of the 8 year old heard that their 8 year old had watched The Warner Bros cartoon at a neighbors home. They are now Sueing for an unspecified amount.
    Imagine reading that in the paper.

  23. Strawman arguments against parents by inkswamp · · Score: 4, Insightful
    I love the logic as expressed by the average Slashdot poster (usually an AC, but not always.) You point to parents and claim that they are the ones with the responsibility and that parents shouldn't expect society to raise their child.

    Precisely! But some of you are clearly not experienced enough to know what the hell you're even talking about or how complicated that proposition gets.

    I am a parent. I don't want society raising my children. In that regard, I don't want society shoving overtly violent or sexual imagery into my childrens' faces at every turn. I want to raise my child... not society and not corporate entertainment industries (that includes video game companies.) I want to make decisions about what imagery and content is appropriate for my child. I don't need advertisers, movies and video game companies deciding what's appropriate to put out there for my children.

    So, when you say you don't think "society should raise your child," I agree.

    And if you think video game companies are all about over-the-counter game sales, then you're fooling yourself. Look around. Violent video game imagery is gradually saturating our society and I don't care to be pummelled with that at every turn. Even now, I have to keep my kids away from the video games in most movie theater lobbies because some of them are ridiculously violent--more violent than some of the crap on the movies playing there. I have to carefully watch what games are demoed at Toys-R-Us. I have to keep a close eye on what my kid sees on the covers of the game boxes.

    It's not all just parents monitoring what their kids are buying and playing. I wish that's all it was. That's the easy part. That's not what inspires this kind of legislation. If you think that's all this is about, then get outside more often. And stop griping at this strawman argument about inattentive parents you've propped up. That's not even the half of it.

    --
    --Rick "If it isn't broken, take it apart and find out why."
  24. Whiskey. Tango. Foxtrot. by Sycraft-fu · · Score: 4, Informative

    Are you serious? They HAVE. Long ago.

    It's called the Entertainment Software Ratings Board, ESRB, you can find them at www.esrb.org. They are a non-profit ratings group started by the games industry to rate games. Developers submit games for ratings, the ESRB rates them based on known criteria, and then returns a rating. You may then place that rating and ONLY that rating on your game.

    It's those little stylized black and white logos. They have a letter, tilted to the left in them. They are located on the lower left or lower right of the front of the game box and are clearly visible. On the back, there's a clarification of why the game got that rating. So, go to a retailer some time, and look at the games. See how many you find that don't have an ESRB rating. My bet? You'll find none. Nearly all games are submitted for ratings (all large publishers submit all their games) and most retailers will not carry unrated games (even retailers that carry unrated movies).

    They already have a very effective regulation system in place, that is just like the one the movie industry has. The logos and ratings are trademarked so you cannot use them without the permission of the ESRB, and they only grant permission for the rating your game actually recieved (same way the MPAA does it for movies).

    So get off your high horse. The game industry has done a great job of regulating itself. If you can't control your kids and won't take the time to play the games first and see fi they are acceptable, that's not their problem. There are plenty of adult gamers out there and we don't want you telling us what we may and may not play.

    This law seems to serve no purpose other than to let bad parents lash out at retailers and distributors when they fail as parents and their kid does something wrong. HAte to break it to you but if your kid does a drive by, GTA did not make him do it, he had much deeper problems.

  25. This is EXCELLENT for sales! by sunderland56 · · Score: 2, Insightful

    Stragegy for video game profit:

    1. Take any game you're developing, and add just enough sex/violence/drugs/etc. to make it onto the "banned" list.

    2. Since any game on the "banned" list is immediately desirable to all teenagers, sales will skyrocket.

    3. Profit!!

  26. Subjectivity by any other name... by Penguinoflight · · Score: 2, Interesting
    What was the equivalent of GTA:SA that your parents needed to worry about being brought into the home?


    You probably shouldn't assume this man is over 30. If he's my age, his parents might have been worrying about Vice city, or GTA3, or Quake 2, or Doom (came out over 10 years ago).

    The whole problem with the recent witch hunt of video games is that they have been as violent as they are now for quite some time. Lawmakers are just now starting a war against video games to get parental approval while they are passing non-parental notification for abortions, or skewing the definition of a "family" by allowing civil unions or marriages for non-traditional relationships.

    Your representative is no longer serving your interests, why cant you see this?
    --
    "And we have seen and do testify that the Father sent the Son to be the Savior of the World"
    1 John 4:14
  27. Re:Reminds me of an Act of Gord by http101 · · Score: 2, Interesting

    Let's say you're a guy, someone else's kid runs up to you, slugs you in the nads, and runs away laughing. Wouldn't you think a simple ass-beating is in order? Congrats, you just decided on something for someone else's kid. Seems a little hypocritcal to me. Either way, if you give your 7-year old son Grand Theft Auto for Christmas, then wonder why he's calling your wife a bitch and slapping her on the ass, you're an idiot. Just like every other product that you research, his food, his toys, clothes, you should be researching his video games too!

    --
    -- Game Developers: Stop porting badly-textured games from crappy console systems!