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CA Officials Respond To Lawsuit

Gamasutra is reporting on Yee and Schwarzenegger's response to the lawsuit brought in response to the violent games bill passed recently in California. From the article: "History has proven in cases of child labor and physical assault on children that we can and should pass laws to protect them. I am a strong believer in the First Amendment and in free speech, but when a game allows a player to virtually commit sexual assault and murder, as a society we must do what we can to protect our children, as we do for alcohol, tobacco, and pornography, among other items," We've previously reported on the passing of the bill and the filing of the lawsuit.

80 comments

  1. Oh, really? by DrEldarion · · Score: 3, Insightful

    And if this is true, then what about your movies, Mr. Terminator? Completely innocent? Sure, they can't see them in the theaters, but kids can buy or rent them whenever they like.

    1. Re:Oh, really? by theJmtz · · Score: 3, Insightful

      Actually theres no law stopping kids from seeing them in theaters either. Sure it's enforced by pretty much every theater, but its not law and there's not criminal penalty. Video game ratings are already the equivilent to movie ratings. I don't see how it's any different.

    2. Re:Oh, really? by Supurcell · · Score: 1
      And if this is true, then what about your movies, Mr. Terminator? Completely innocent? Sure, they can't see them in the theaters, but kids can buy or rent them whenever they like.
      Are you saying that there should also be strick age limitations on buying and renting violent movies too?

      Video games are only being scapegoated, because of that Columbine deal a few years ago. After the nerds and social outcasts had been victim of thousands of "minor" acts of violence and harrasment, they do something to get even and the only possible reason for it is video games. The blame should be on the parents, not the parents of the child who went on the rampage, but the parents of the bullies that drove them to it.
    3. Re:Oh, really? by DrEldarion · · Score: 1

      No, I say just the opposite. It just seems hypocritical for Arnold to back something against violence in entertainment.

  2. Sexual Assault??! by jasongetsdown · · Score: 4, Insightful

    And what games allow the player to virtually commit sexual assault??

    --
    useless sig advice - Read Nabokov.
    1. Re:Sexual Assault??! by hunterx11 · · Score: 3, Funny

      And here I've been playing murder simulators when I could have been playing rape simulators! Aren't I a sucker?

      --
      English is easier said than done.
    2. Re:Sexual Assault??! by Anonymous Coward · · Score: 0

      You want games from Japan then. Check out Biko 3 for all it rape simulation goodness. Not to my taste, but they are out there if you look for them.

    3. Re:Sexual Assault??! by Lehk228 · · Score: 1

      don't ask. they do exist. if you must check out the hentai game reviews over at somethingawful. i would love to see jackass thompsons reactin to that stuff

      Linky

      --
      Snowden and Manning are heroes.
    4. Re:Sexual Assault??! by PompousJohn · · Score: 1

      Hentai "games" aren't really games by most of our standards, they're more like extreme slow-motion slideshows with nudity. Or, like all the boring dialogue parts in a FF game, trying to give the characters depth by flooding us with details of their shallow motivations. The ones that make you mash the "confirm" button as you can to try to get the characters to shut up so you can go to the next town before you forget it's name.

      --
      Submit and download your homegrown music on www.audiodropout.com
    5. Re:Sexual Assault??! by jasongetsdown · · Score: 1

      thank you for that...uuh...Jesus.
      I can't seem to summon the right onomatopoeic text to go with the shivers I am experiencing right now. I'm afraid if Thompson saw it he would want to declair war with Japan or start some kind of video game trade embargo.

      --
      useless sig advice - Read Nabokov.
    6. Re:Sexual Assault??! by KDR_11k · · Score: 1

      Not all of them. Some are takes on various genres. There's the Battle Raper series (apparently a big seller, a crappy fighting game) and on SA they reviewed a hentai shmup. I'm sure there are alot more, I didn't really research that.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
  3. fuck the children by Anonymous Coward · · Score: 0

    "the kid who swallowed too many marbles doesn't grow up to have kids of his own!".

  4. Note the irony of it by Iriel · · Score: 4, Insightful

    Lower your torches please. I don't feel like igniting a flame war about whose responsibility it is to protect 'the children', but I just had to point this out. He says that they have a duty 'as a community' to protect children. (I could go on for days ranting about problems in parenting, that aside) Couldn't they 'as a community' protect thier children without passing laws, if they are indeed acting as a community?

    This just proves who's fooling who.

    --
    Perfecting Discordia
    www.stevenvansickle.com
  5. Correlations by truthsearch · · Score: 3, Insightful

    "when a game allows a player to virtually commit sexual assault and murder, as a society we must do what we can to protect our children, as we do for alcohol, tobacco, and pornography"

    Where's the direct correlation between virtually committing murder and physical violence among children? Consuming alcohol and tobacco physically affect people directly. People are afraid virtual violence leads to real violence, but where's the proof? Especially with the rates of reported crimes dropping I'd like to see politicians showing evidence before passing laws.

    1. Re:Correlations by malsdavis · · Score: 1

      Back in days gone by we were all 'protected' from alcohol and pornography. Life was so much better, sure, crime and murder rates were many, many times what they are now but atleast we were all 'protected' by the state from these ever so harmful devices. I just hope they don't ban guns, those harmless devices never hurt anyone.

    2. Re:Correlations by Darius+Jedburgh · · Score: 1
      Where's the direct correlation between virtually committing murder and physical violence among children?
      You don't want to prove correlation, you want to prove causation. And as everyone knows, causation between sociological factors is hard to prove becaue we can rarely run controlled experiments. But one can sometimes reason that a causation might exist. For example it seems reasonable to argue that kids might emulate, in the real world, the behavior of people in video games. In fact, I can't really see why they wouldn't unless there are strong parental influences pointing out that such behavior is unacceptable. It's trivially true that we learn much of our behavior from the behavior of the people around us and it doesn't seem to be a gigantic leap to suggest that we might learn that behavior from virtual people too.
    3. Re:Correlations by truthsearch · · Score: 1

      And that proves my point. It's total speculation. Laws shouldn't be written purely on hypothesis.

    4. Re:Correlations by Darius+Jedburgh · · Score: 1

      And you demonstrate my point. All laws are based on hypothesis because there simply aren't clear cut experiments you can carry out. When lawmakers decide that people who commit crime X should receive sentence Y they are almost always hypothesising that this sentence will help reduce the crime even though there is almost never direct evidence. If you don't make hypotheses you can't have a criminal justice system and you're arguing for dumping criminal justice entirely.

  6. equating video games to vices by beowulfy · · Score: 2, Insightful

    "when a game allows a player to virtually commit sexual assault and murder, as a society we must do what we can to protect our children, as we do for alcohol, tobacco, and pornography, among other items..."
    In making this statment he is basically equating video games that contain violent or sexual material to alcohol, tobacco, and porn. The problem is that in order to make such an absurd claim hold any weight, you would have to assume that any form of media or literature that contained violence or sexuality, would have to be held under the same light. So how is it ok for Fox to display sex and violence everynight where children are most certainly watching, but then its not ok for these things to be in videogames? Give me a break, this law will be smacked down for sure. You can't censor one form of media just because its the new kid on the block. And whats with the lies about being able to rape in a video game? There is no game where you can do that. Just goes to show they are resorting to sesationalist tactics to try to make an impact. What a bunch of clowns.

    --
    "When the going gets weird, the weird turn pro" -Hunter S. Thompson
  7. Apples & Oranges by Guppy06 · · Score: 3, Insightful

    "in cases of child labor and physical assault on children"

    If that was the logic used in writing and passing the law, then the goals of the law should have been satisifed with a single state-required disclaimer attatched to all video games: "No children were harmed in the making of this video game."

    Seriously, kids don't go out and say "Yippie skippie, I wanna work in a coal mine for 12 hours a day!" or something similar.

    1. Re:Apples & Oranges by Chyeld · · Score: 3, Funny
      "Seriously, kids don't go out and say "Yippie skippie, I wanna work in a coal mine for 12 hours a day!" or something similar."

      Appearently, if you made a video game about it, they would!

      "Oh... you load sixteen tons and what do you get? Another day older and deeper in debt..."

      I can see that working, can't you? After all, people played SWG!

    2. Re:Apples & Oranges by BushCheney08 · · Score: 1

      Well, when you consider that there's a Yoshinoya Beef Bowl training simulator/game that you can get, you realize that maybe a coal mining simulator isn't too far out of the question...

      --
      Be a real patriot: Question authority. Think for yourself. Formulate your own conclusions.
    3. Re:Apples & Oranges by Impy+the+Impiuos+Imp · · Score: 1

      > "Seriously, kids don't go out and say "Yippie skippie,
      > I wanna work in a coal mine for 12 hours a day!"

      Ummmmm...

      Some of you younger kids may not remember Ultima Online, but you could spend 12 hours a day mining, or logging, among many other things. Not just the later on smithing parts, which a lot of other games have, but tedious "mining" activities.

      I wonder how many teens or 10 year olds whined that "Can I take out the trash later, Mom? I'm performing simulated manual labor for hours on end!"

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    4. Re:Apples & Oranges by fleck_99_99 · · Score: 1

      I don't think you're being fair to SWG at all with that comment. At least with the coal mines, you could look forward to dying of silicovolcanoconiosis.

      --
      seven two six five
      seven four six one seven
      two six four two e
    5. Re:Apples & Oranges by Guppy06 · · Score: 1

      "Some of you younger kids may not remember Ultima Online, but you could spend 12 hours a day mining, or logging, among many other things."

      Find me somebody that's come down with black lung as a result of playing Ultima Online and I'll relent. :)

  8. The real problem is the advertising. by Anonymous Coward · · Score: 0

    This whole thing makes me sick. People are constantly making a huge deal out of how big a problem it is that kids can buy M rated games, etc. Yes, this is a problem, with a simple solution; the same one that DVDs use.

    Oops, problem solved!

    However, why is it that your 10 yr old nephew doesn't just want but NEEDS to play GTA? What are the demographics for gaming mags and gaming websites? Who spends more time viewing the commercial content there - 10 yr olds or 25 yr olds? Who screens the marketing materials for all these sources?

    If you want to actually FIX the PROBLEM here, do something about the kids knowing about and wanting to play these games in the first place. Crap like these laws just distract from a very real and very bad problem. Worst of all, cockbites like Jack Thompson actually claim to be fighting the marketing of this material to children! MARKETING DOES NOT HAPPEN AT THE CHECKOUT COUNTER.

    NB: Obviously, kids will always find out about this stuff. Especially unsupervised, poorly parented kids. But come on; magazines, tv and websites literally force ads for the latest, greatest, goriest M-rated shootfest down the throats of elementary and middle schoolers all the time. Is it really necessary? "Really, this is rated M, its not suitable for most 13 yr olds, however we are going to do everything we can to make them want it anyways!" Just doesn't seem right.

    1. Re:The real problem is the advertising. by joystickgenie · · Score: 3, Insightful

      Man, I just read about Jack Thompson saying something very similar to this. His complaint was that video games get advertised in comics. When asked what comic, he had no idea and took a shot in the dark with Spiderman. What concerns me about this is, just like video games, there are comics that are meant for adult audiences as well. I wouldn't give my child a copy of sin city, it's to graphically violent.

      Magazines are the same thing. You said that we shouldn't advertise M games in gaming magazines because children may read them. How about bill boards, can we still advertise there? Children may walk past them. If that is the case does that mean that there should be laws in place that insure that video games can not be advertised in materials or places that people under the age of 18 frequent. So you can't advertise on television, comics, magazines, or billboards near schools.

      When things like that start to occur can you really say that there is still freedom of speech with video games? If you really want to protect the children fine, get out there and protect them, but when you start taking away venues of speech from adults to do it you really are crossing a line for freedom of speech.

    2. Re:The real problem is the advertising. by tuzzyfoad · · Score: 4, Insightful

      So you're saying that *all* advertising for "adult" material should be outlawed in venues that children have access to?

      That would mean no commercials for rated R movies/DVDs during "prime time", no pg-13 during the hours that even younger children are watching TV, especially on the weekends. Oh, and don't forget alcohol ads on before 10pm, yes, even during the sunday afternoon football games.

      A quick flip thru just about any magazine in the country shows numerous movie advertisements for movies a child shouldn't see and tobacco ads. And these are magazines that any 9yo can pick up at 7-11. Not just gaming mags. And all readily available at the 'checkout counter'.

      Let's not forget about the Evening news. Nobody's regulating all the sex, violence, drug use, violent sports, etc. shown to children on all the major network 2-3 times an evening. Are CNN, FOX-news and MSNBC regulated by the vchip? Better call your congressman.

      Forget the fact that the Justice Department data shows that Juvenile Violent crimes are at an all time low and have been dropping steadily since the mid 90's. Some kid with emotional and mental problems stole his dad's gun and shot another kid in school someplace in middle-america. Since the news media found an X-box in his bedroom, there *MUST* be some correlation, so let's ban video games.

      Idiots

    3. Re:The real problem is the advertising. by Anonymous Coward · · Score: 0

      Original poster here :) very interesting feedback! I don't necessarily disagree with you guys, these are all valid points. Where DO you draw the line? I haven't ever seen ads for NYPD Blue or The Terminator during Sesame Street or primetime TV actually, so I think in a lot of ways this is already happening. Then again most M rated game advertising does take place after 10pm, so maybe this has already happened?. I haven't ever seen an M rated video game billboard before either, so I'm not sure if thats actually a problem or a concern or not.

      I do not in any way advocate restricting freedom of the press. I am just wondering if there is a way to achieve more consistency in the way games are RATED and the way games are MARKETED. I mean kids can still find cigarette ads if they try hard enough, and video games are not even an ISSUE in light of the negative effects of those, don't get me wrong. And there ARE adult video game magazines - EDGE, for example, is just not written for kids; correspondingly, kids don't read it. I think the mainstream gaming press is going to have to decide how they want to handle this issue; do we segregate our coverage, producing different magazines for different age groups?

      I am not advocating any kind of unconstitutional governmental restrictions here. I'm as libertarian as the rest of you guys :P I just think it would be nice if game publishers and the gaming press cooperated to help target their products toward appropriate age groups (i.e. according to the voluntary ratings) a little better in the future. As a concerned human I don't really like the idea of game companies counting on younger, more impressionable, and likely less supervised children as a major part of their customer base for admittedly violent games.

      I do take issue with the generic "the news is worse than all this stuff combined" argument. Yes, the news shows nasty stuff on a regular basis. Even worse than the violence are the "debates" and "balanced" coverage, in the long run. But you guys talk about "the news" like we used to talk about "showtime after 3am". No kid has to sneak out into the living room to check out some "news" when nobody's lookin. And do you really think that the unsupervised, neglected problem children of this world watch the News Hour every night? I just don't buy it, doesn't make any sense. Doesn't mean it's not true, but I just don't see where it fits into this particular problem.

      Parents need to do their jobs, but maybe sometimes they could use a little help?

      There are kind of a lot of ideas here, and they're not very cogent i'm afraid, but I think it is dangerous to have these kinds of kneejerk "DON'T TAKE MAH RIGHTS AWAY" reactions when some small, simple and clear guidelines could actually improve the situation for everyone involved. Helping little kids avoid being lambasted by ads for violent games DOES NOT necessarily precipitate a decline into martial law.

    4. Re:The real problem is the advertising. by Hunnywoot · · Score: 1

      I agree with your last comment, but perhaps it's a means of distracting attention from the decline into martial law.

  9. Re:equating video games to vices by RingDev · · Score: 3, Insightful

    "So how is it ok for Fox to display sex and violence everynight where children are most certainly watching, but then its not ok for these things to be in videogames?"

    IMO, it's not. I think the FCC should get off their collectively paid off asses and slap the $hit out of FOX and the other broadcast channels for BROADCASTING unexceptable content. Cable on the other hand, I feel should be free to do as it pleases.

    And I'm personally okay with this bill (from what I know of it). All it is (so far as I know) is a legal representations of the maturity rating on the box. It would be similar to a law that banned anyone under 18 from seeing an NC17 movie. So far as I know, there is no such law, just an accepted standard at (most) movie theators and rental stores. The only concern I have is who decides the video game rating? A government body? ESRB? Publishers?

    The government already has laws barring the sale of pornography to minors. Which is what this seems to most closely related. I mean, if someone went out and made a high quality movie version of GTA, it would be hard pressed to get under a NC17 rating.

    To reveal any bias I may have, I'm in my mid twenties, loved GTA and it's spin offs (Vice City was my fav!), and have a 2 year old son. If I as a parent feel my son is mature enough to saftly enjoy GTA, I'll buy him a copy. If I as a parent feel my son is mature enough to saftly enjoy an alcoholic beverage, I'll buy him one. But I don't want my son running out and buying his own alcohol, porn, violent movies and video games on his own. Atleast, not in America, our mind set is way to #$@!ed up for that kind of responcibility. ;)

    -Rick

    --
    "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
  10. compared to real by Anonymous Coward · · Score: 0

    guess the kids will have to go back and commit REAL rape and murder. Obviously that's the less offensive of the two. Sure is in the East-Bay area anyway.

    1. Re:compared to real by beowulfy · · Score: 2, Insightful

      yeah, real rape and murder certainly gets less press, so it must be less important.

      --
      "When the going gets weird, the weird turn pro" -Hunter S. Thompson
  11. Re: children by Anonymous Coward · · Score: 0

    Eat the fucking children. They plump when you cook them. Soft on the outside and crunchy on the inside.

    Or you could just keep your drooling spawn away from my entertainment before I smack the fucking little dears, or is it ok if I project slasher, porn & snuff films on the side of my house every night for them to fall asleep to?

  12. Make consistent w/movie industry by first_tracks · · Score: 1

    Not being able to play Grand Theft Auto if I were 12 years old again would drive me insane... But, i felt that way about watching R and XXX movies and buying Playboy and drinking and smoking, etc, etc. (i of course found my way around the law for most of them anyway).

    I DO think that video games need a rating system and sales limitations, though they should at least make it consistent with the movie industry which is pretty much the same issue. I DON'T think it should be totally open since it seems pretty degenerative to allow your 5 year old access to XXX or R movies OR GAMES. same thing. I do think though that a 11-15 year old can handle much more than the state/govt thinks they can.

    If you think your 5 year old is ready for that then you are probably letting him sip off your beers, too, yeah?

    1. Re:Make consistent w/movie industry by PhoenixOne · · Score: 2, Insightful
      Video games DO have a rating system that is as good, if not better then the one used for movies and TV.

      I wouldn't be upset if they wanted to keep M and Ao rated games out of the hands of minors. The problem is, they (CA government) wants their own rating system. So, if the ESRB says a game is rated T, and I sell it to a 16 year old, their parents can say "This game is too violent" and I'll get sued.

      --
      Spell cheek you've failed me four the last thyme!
    2. Re:Make consistent w/movie industry by kenthorvath · · Score: 1
      I DO think that video games need a rating system and sales limitations, though they should at least make it consistent with the movie industry which is pretty much the same issue.

      I might me mistaken about CA, but where I live, movie ratings are voluntarily enforced and not compulsory, which in my opinion is a good thing - I wouldn't want to require every movie made to have a rating because that would create the opportunity for one organization to oversee the rating process who, in turn, could really take advantage of people's pockets with the blessing of the law.

      Besides that, the criteria for movie ratings were devised by the people doing the ratings and not necessarily with any scientific data behind them. What should be adequate evidence for making the determination that a 13 year old should be able to see the content of a particular movie, but not a 12 year old? I hate playing the magic numbers game, and I despise even more the notion that a child's mental development can be stunted, harmed, or in any way endangered by exposure to facts about the world and human nature.

      My children will be able to watch and observe just about anything they want (except for trashy reality TV and sensationalistic news media programs - PBS and NPR all the way - HBO is fine too), but you can be damned sure that I will be keeping tabs on the things that they do see, and even surer that I will instill within them a sense of what is and is not appropriate behavior.

      Instead of shunning children and shielding them from the reality of the world as though it were some monstrous and heinous place the sight of which could shatter their blissfully unaware mind (and children do know a lot more than we think they do) I would choose to encourage them to make peace with the world the way it is at an early age and put the things that they see and learn into perspective with frequent personal and philosophical discussions. In short - I will spend more time talking with my children and guiding the development of their character and less time blaming the rest of the world for the way they turn out. As a parent, you have the most influence, control, and power over the way your child develops. If the cost is too much to bear (for a single working class parent) and you must neglect your child in this way, then perhaps the state should step in and regulate YOU instead of your child.

      Children are responsibilities, no one is denying that. But the responsibility should lie with the parent and not with the state, the ultimate control over the shaping of your child's character should reside with you as the parent. To suggest otherwise is to start down the slippery path of government sponsored thought control begun at the earliest possible age.

  13. Re:equating video games to vices by first_tracks · · Score: 1

    It's probably NOT a good idea to display sex and violence on tv for any pre-teen to see.

    In any case, its ultimately up to the parent to educate and/or prevent there kids from seeing or doing something. If they want it bad enough, kids are smart and will find a way around most things anyway. And if they want something that bad, we should probably ask ourselves why that is, too.

    Also, another thing to ask yourself... how long will it be before there IS a game where you can full-on rape someone? It's all a gray line, but i'm pretty sure if i had an 7 year old boy, i wouldn't want him playing a game where he can rape or . Even if you educate them, exposure does have an effect.

    There is no perfect solution, but there are good comprimises. The bill is probably too harsh but not far off.

  14. Re:equating video games to vices by Anonymous Coward · · Score: 0

    "And whats with the lies about being able to rape in a video game? There is no game where you can do that."
    You have obviously never played the Japanese import, Battle Raper.

  15. Re:equating video games to vices by DAldredge · · Score: 1

    Why not just turn on the VChip in your TV?

  16. Okay then... by Dr.Dubious+DDQ · · Score: 2, Funny
    [...]but when a game allows a player to virtually commit sexual assault and murder, as a society we must do what we can to protect our children[...]

    (insert "warming up" sound effects here.) "I raped and then strangled the puppy. Then I used the puppy's dead body to bludgeon a little old lady to death. After that, I walked across the street and flung both bodies on somebody's lawn."

    There. I have "virtually" committed bestiality, animal cruelty, elder abuse, murder, jaywalking, trespassing, and littering, using technology that is readily available to children, with no more effort than it takes to post to Slashdot(tm)!

    How many more will have to suffer before computer keyboards are outlawed for minors?!?!? WON'T SOMEBODY THINK OF THE CHILDREN???

    1. Re:Okay then... by mooingyak · · Score: 1

      You didn't explicity state that when you crossed the street it wasn't at the corner, so you have to take jaywalking off your list which in my opinion really takes a lot of steam out of your argument.

      --
      William of Ockham had no beard. The most likely explanation is that it was chewed off by squirrels every morning.
    2. Re:Okay then... by Hunnywoot · · Score: 1

      Think of the kittens!!!

    3. Re:Okay then... by Killjoy_NL · · Score: 1

      hehe I love how you consider throwing dead bodies around littering :D

      --
      This is the sig that says NI (again)
  17. Re:equating video games to vices by beowulfy · · Score: 4, Insightful

    I most certainly agree that Fox gets away with way too much, and dislike the content that is made available for viewing durring hours when young children are awake. I was merely trying to point out the double standard that video games face.
    The government already has laws barring the sale of pornography to minors. Which is what this seems to most closely related.
    I fail to see what about GTA would even get it an NC-17 rating. The worst thing you could even see beyond violence would be the hot coffee mod, which shows two blocky cartoon charaters, with clothes on, engaging in consensual sex. You can't even see any sexual organs. Hardly relating to porn. Nothing that you couldn't see in an episode of the OC, except for maybe the cursing. Definately nothing here that you wouldn't see in any R rated movie. The point is, the government doesn't exert any control over who see's what movies, or reads what books, so why should they control who plays what games? They are trying to make the argument, without any evidence, that this kind of content is more damaging in video games. But if that were true, why has youth violent crime been dropping for the last 10 years, while video games sales have skyrocketed? This is issue has almost nothing to do about protecting our youth, and has everything to do with political sensationalism. If they were really concerned with protecting kids from this stuff they would be going after fox as well, but they won't because there is no perceived political gain from doing so. I think that a few years from now, we'll look back on this the way we look at people like Tipper Gore who were trying to protect our youth from the evils of Twisted Sister. What I wonder is, will this cycle keep on repeating itself forever? Will every new form of entertainment undergo this type of censorship by the older generation that is out of touch with the modern world? I sure hope not.

    --
    "When the going gets weird, the weird turn pro" -Hunter S. Thompson
  18. Smacking by Repton · · Score: 2, Funny

    Is smacking kids illegal in California?

    --
    Repton.
    They say that only an experienced wizard can do the tengu shuffle.
    1. Re:Smacking by tuzzyfoad · · Score: 1

      yes, but not in video games.

    2. Re:Smacking by tuzzyfoad · · Score: 1

      oops! replied too fast :)

      I meant No, it's only illegal to smack kids in video games in CA

    3. Re:Smacking by Anonymous Coward · · Score: 0

      More importantly, is it illegal to sell smack to kids? Let's get to the real issues here guys.

    4. Re:Smacking by Impy+the+Impiuos+Imp · · Score: 1

      Too late! You fubar'd your clever comment. :(

      I also note it's only illegal to tell a dirty joke in front of adult women in the workplace, not in front of children at the mall.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  19. Re:equating video games to vices by RingDev · · Score: 3, Insightful

    My TV doesn't have a V-Chip. and broad cast TV is a public medium. Try performing acts like those seen on FOX at prime time in front of your local elementary school. -Rick

    --
    "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
  20. Chilling Effect by nick_davison · · Score: 5, Insightful

    We also have a duty to protect our nation against Communism. And thus it's entirely reasonable to have a law that requires citizens to register, in advance, for each and every piece of Communist literature that comes to them through the mail.

    Except, as the judge found in that case, such a "protection" creates a "chilling effect" upon free speech and thus is unconstitutional.

    A requirement for videogame stores to respect ESRB ratings is one thing. That has no "chilling effect" upon publishers creating new works.

    Demanding a 2inch by 2inch bold logo on the front of a game stating it's 18 changes not just parental awareness (which can be covered by ESRB information displays) but serves to villify such titles, embarassing legitimate customers who don't want to be perceived as "bad" for purchasing them.

    Similarly, it is reasonable to ask that publicly displayed adult magazines are placed out of children's reach and have either a non-sexual cover or that that cover is hidden. It is unreasonable and has a "chilling effect" to demand that adult magazines have a bright neon slip cover advertising "ANYONE WHO BUYS THIS IS A SEX ADDICT!" One protects children, the other has a chilling effect on the entirely legal sale of the product to those legally allowed to buy it.

    The California law's problem is that it oversteps from being truly about protection of children in to "chilling effect" territory. ...or at least, that's the argument being put forward. I guess it depends on who you view a great big 18 sticker on the front of every box. Or, more tellingly, how 12 people who've been forced to do jury duty can be made to see it.

  21. The simple answer by jonwil · · Score: 1

    And one that wouldnt require all this new extra effort is to just require that all games rated by the ESRB as M or AO are not available to minors.

    Problem solved WITHOUT the need to stick big "adults only" stickers on the boxes.

  22. If You Only Read Sudies That Support Your Belief.. by nick_davison · · Score: 5, Interesting

    As was pointed out in the current PC Gamer, during an interview with Ye...

    Ye "As a trained psychiatrist, I know how important it is to not expose children to these kinds of things. Many studies support this."

    PCG "What about the many studies that show absolutely no correlation can be proved."

    Yee "Statistics can be manipulated. I know how important it is. Many studies support this."

    PCG "What about the fact that the violent crime rate in teenagers has dropped every single year since the release of the PlayStation and is now at half its peak ten years ago and the lowest it's been since the 70s."

    Yee "Statistics can be manipulated. I know how important it is. Many studies support this."

    In other words, he's formed his opinion and, whilst quoting statistics that suit him, has absolutely no interest in even exploring the massive weight of evidence to the contrary because statistics can be manipulated.

    The amazing thing is he doesn't even seem to be embarassed to feed such a load of clearly self serving bull.

  23. Re:equating video games to vices by RingDev · · Score: 1

    Tipper Gore, now there was a wack job. I think Anthrax summed her up the best in their song "Starting up a posse"

    And I agree completely with your point, I don't think that video games should be accused of unproven and even refuted statistics. And I definately don't think they should be used as a political agenda.

    But at the same time I wouldn't allow my child when he turns 10 to watch COPS (violence, blurred out nudity, cursing, prostitution, drugs, etc) which is pretty comprable to the content of GTA:Vice City(More violence, less nudity). Most movies with COPS like content are rated R, or atleast had been until the rating institute started schluffing off. For reference, The 1970's classic "Stand By Me" (a great movie about 4 early teen boys walking the rail road tracks) is rated R. There is one or maybe two cuss words, and an extremely obscured dead body. Compared to "Dude, where's my car" (a crap tastic story about two losers looking for their car) which is rated PG-13. There are many curse words, drug paraphinalia, drug glorification and instruction, gratuitous panty shots, etc. Now, that movie had some pretty funny parts, but it's nothing I'd want my child to see when he is 13. And PG-13 movies don't usually card kids, so anyone could pretty much walk into that one.

    Me personally, if the box says Graphic Violence, Drugs, Nudity, Sexual Content, etc... I'd prefer to have it rated R. That way the parent can purchase or acompany their child for the purchase of the item.

    -Rick

    --
    "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
  24. Videogames that let you commit sexual assault???? by bigbigbison · · Score: 1

    Where ar ethese games that let you commit sexual assault? I don't want to play them, but we hear so much about them they must be in every Wal-Mart and Best Buy, right?

    Let's see, even in GTA3, where there are prostitutes, that sex is consentual. Sure you can run them over, but you can do that to anyone in the game and that isn't sexual. Even with the Hot Coffee mod, it is also consentual.

    Aside from old Atari 2600 games like Custer's Revenge, where are these sexually deviant games???

    It couldn't be that the people who are saying these things are horribly uninformed or ill-informed???

    --
    http://www.popularculturegaming.com -- my blog about the culture of videogame players
  25. Far too many idiots in this thread. by Konrad9 · · Score: 1

    Ahnold is doing the right thing. He just needs to get what he is doing refined. He is not Jack Thompson, he is not saying "OMG GAMES ARE BAD WE SHOULD BURN THEM IN A GIANT BONFIRE." He is saying that the games sold to little Johnny should be restricted. 8 year olds don't need to be playing games with a four letter word in every sentence. Also, parents need to PAY ATTENTION TO THE GODFORSAKEN RATING SYSTEM. Yeah, it sucks. Super Smash Bros shouldn't be rated teen, but hey, it's better than nothing.

    1. Re:Far too many idiots in this thread. by MisterMurphy · · Score: 1

      Thing is, games sold to little Johnny -are- restricted, and they are restricted in the exact same fashion that other forms of media are; by self regulation. Having serious governmental control of a means of artistic communication is beyond horrible and can lead to a slippery slope.

      The problem with self regulation isn't the companies that are creating the games; it is with the people consuming them. Video games are no different than movies in this regard. I saw a parent walk into -Sin freaking City- with an 8 year old. This is the same kind of parent that would and does buy GTA for their kid. This parent is the problem.

      How about instead of making new laws to control the video game industry, we take the jump and make laws to regulate the parenting community? Licensing requirments to be able to spawn progeny?

  26. wtf? by LittleBigLui · · Score: 1
    when a game allows a player to virtually commit sexual assault and murder, as a society we must do what we can to protect our children


    So the reason we want to prevent violent crime isn't that we want to protect the victims from harm but the children who typically commit that crime from getting corrupted? WTF?
    --
    Free as in mason.
  27. Guns don't kill... by jandersen · · Score: 1

    And now, I'm sure we'll se a long, stupid flamewar along the lines of 'Guns don't kill people, people do'.

    Firstly, children should be protected - that anybody can even appear to reject that thought is deeply worrying. Protecting offspring is so fundamental to the survival of most species, that only the most primitive animals don't do it.

    Secondly, as for who should protect our children, I think this is the responsibility of all - the parents, obviously, but society as well, and not just 'the government' (as in public services), but all ordinary people. We all have a duty to protect all children.

    Finally, trying to deny that what you do in a computer game will influence what you become as a person, can only be the result of massive ignorance. Playing in any form is the natural way of learning about life, by simulating real-life situations in a safe setting. If you play computer games you will learn whatever is 'the spirit' of the game. A game that is constructed in such a way that you have to kill without a shred of remorse in order to succeed in the game, will influence your personality in the direction of accepting that kind of behaviour as part of what you are as a person. As an adult, perhaps you can keep your 'game-personality' apart from your 'real-life personality', but as I said, children form their personality from playing games. It makes perfect sense to me that there should be restrictions on violent games, and that it should be enforced by the authorities.

    And, just to return briefly to the 'Guns don't kill...' - that people don't just dismiss that notion out of hand strikes me as being self-deluding - guns are made for killing. Yes, you can say 'I only have it for self-defence', but that only works because 1) its purpose it to kill and 2) you are willing to do so. By that same sort of argument you could say 'Cocaine/heroin/whatever doesn't destroy lives - its people that use these things that destroy themselves'; yeah right. Guns kill - that's their purpose.

    1. Re:Guns don't kill... by kilauea · · Score: 1

      I agree. I just don't see the need to commit violent crime (albeit simulated) in order to have fun. It's just wrong.
      And as for comparing to DVD's, there is a big difference here. You watch people commit crimes in films, in games you participate.

      Killing people with guns is not big or clever. Go play pikmin!!!

    2. Re:Guns don't kill... by falkryn · · Score: 1

      I think alot of posters on here who reply "it's all the parents doing, blah blah blah" likely don't and perhaps never will have children of their own. I've found one's perspective on acceptable watching radically shifts when you have a three year old sitting next to you.

      Anyhow, as to your point, I'd add that what people seem to be forgetting is that it's not only the idea that someone playing the latest hack'n'slash is then going to become a psychopathic monster, thankfully that'd be rare. However, how sensitive will that person after spending day in day out, playing virtual slaughter and all sorts of mayhem be towards the suffering of others (particularly that kid who like it or not is more impressionable than we are (though I think sometimes we even give our own sense of immunity to much credit)) That is, if say their country declares war on another, and we find that in that last bomb raid, about twenty kids got killed/mutatilated, will they feel a moral outrage or at least deep sympathy to the horrible suffering of an innocent, or will they shrug it off and change the channel. To me that's the real danger here, to become complacent and accepting of clear evils, and lose one's humanity towards your fellow man (even if you'd never be the one to pull the trigger/drop the bomb yourself. you'll just happily re-elect the guy who did it last time).

    3. Re:Guns don't kill... by http101 · · Score: 1
      Guns don't kill people, I do - especially before I've had my morning coffee. I'm not a morning person by any means.

      This whole law flat-out sucks because it's the government's attempt to control what parents admittedly can't! Have some balls, stand up to your kids and tell them, "NO, you can't have that game, I SAID SO." They don't need a reason, you are the final say in the matter and if your kid turns to your significant other and asks the same question, he/she better be bright enough to examine the product and consult you about it.

      Another point that really irks me is that the law is NOT "virtual" by any means, yet the article says it governs "virtual" acts. This is similar to us, Americans, writing a law that prevents elderly German citizens from buying soda with caffeine. Yeah. Pointless. They should know better than to buy something that could potentially harm their health.

      This is America dammit. If I wanna sit down in a restaurant with my two women; maybe three, eat a steak the size of Delaware and wash it down with a brewski or six, I will. If I wanna get a big, fat, sloppy burger with cheese oozing out the sides while pulling up to the drive-thru in a pink, sequinned thong while riding my Harley, I will. It may not be pretty, but you know, I don't need laws to tell me how to dress or how to raise my kids. Granted what I do may be embarrassing at times, but it's not illegal.

      Besides, there's always the quote from The Terminator...
      Terminator: The .45 Long Slide, with laser sighting.
      Clerk: These are brand new; we just got these in. That's a good gun. Just touch the trigger, the beam comes on and you put the red dot where you want the bullet to go. You can't miss. Anything else?
      Terminator: Phased-plasma rifle in the forty watt range.
      Clerk: Hey, just what you see, pal.
      --
      -- Game Developers: Stop porting badly-textured games from crappy console systems!
    4. Re:Guns don't kill... by arkanes · · Score: 1
      It's absurd to claim that playing games doesn't affect behavior, but it's equally absurd to claim it *causes* behavior. Especially without any evidence, of which there isn't any.

      And claiming that its any more or less "real" than movies is total bullshit - in fact, my children are far more likely to act out shows on TV than they are the games they play, because if they want to act out the game, they can simply *play the game*.

      Your argument can be summed up very simply: blah blah, I can't imagine anything other than my opinion, blah, the government and the entire community should work to maintain my standards, oh, and all the stuff I like doesn't count. Thats a pretty lousy basis for a system of governing, but whatever floats your boat.

    5. Re:Guns don't kill... by some+guy+on+slashdot · · Score: 1

      You really haven't thought this through, have you?

      Firstly, children should be protected - Duh.

      We all have a duty to protect all children. - Duh.

      Finally, trying to deny that what you do in a computer game will influence what you become as a person, can only be the result of massive ignorance. - Insulting, but technically accurate. Nothing we experience is ever erased.

      It makes perfect sense to me that there should be restrictions on violent games, and that it should be enforced by the authorities. - Schwaaaa?

      You've shown that your heart is in the right place - you don't want to see children hurt, okay. None of us do. But what is the logical connection between saying that video games influence your personality, and mandated restrictions on games? Tell me, oh great moralizer! Give me a sign!

      You see, when I was growing up, I would stop playing a game if it required me to do something I considered patently immoral - not because I was filled with the moral rage that the older generation seems to think is so gauche, but because to me, it meant that I was "stuck" in the game. Later I learned that I was being silly by equating real world experiences with simulated ones - but I think it's obvious that once you've learned that, you're immune from this alchemical "personality change" anyway. Now, I wonder where I might have learned those "holding back" morals from...

      Guns kill - that's their purpose. - What the hell does this have to do with anything?

      Your argument arguing is that children have to be protected from themselves because they aren't fully equipped to handle the media. That has to do with the person, the child's psyche. You can't argue that a game is like a gun, in that a child can innocently use it to kill, because your entire view teeters on the point that games encourage children to develop malice without providing means- a la, "people kill people." Malice in itself is not violent, and you can get rid of it simply by talking to the malicious person. But so many parents avoid talking to their own children - and teachers with their students - for fear of sending them into a media-induced frenzy. I'm not saying that this is the real problem, but it can't help.

      Video games aren't designed to kill. They take button input - that's their purpose. Use a better analogy next time.

  28. And WTH is the problem? by Moraelin · · Score: 1

    Here if I go to Saturn to buy an GTA (since we keep talking about it), it won't just have an 18+ sticker on it, it will actually be put in a big red playstic box that I have to take to the cashier. And last I've heard, it had no "chilling effect" on their sales or anything.

    Yes, that big red box means "it's an 18+ game!!" Well, blimey, and I'm well over 18. That's a fortunate coincidence, eh? Yes, I'm buying a game that's deemed not suitable for children. And I'm not a child. The problem is...? Why should I be ashamed of that?

    Maybe it has to do with the culture here being less hypocritical, and less stuck on trying to _seem_ like upstanding and moralistic citizens.

    --
    A polar bear is a cartesian bear after a coordinate transform.
  29. I am not a racist but... by Shihar · · Score: 1

    I once knew a girl who was this sweet southern bell who moved to the northeast. You would think she was the sweetest person in the world until every now and then she would open her mouth and say something horrible. I recall one time I was standing in line with her. There were some irritating loudly black kids standing in line in front of us shouting at the top of their lungs. She turned to me and goes, "I don't mean to sound racist," and I winced, because I knew the next thing out of her mouth WOULD be racist, "but I fucking hate black people. They are so god damn loud."

    The point of that little anecdote? Every time someone opens their mouth and says, I am a strong believer in the First Amendment and in free speech, but...I know the next thing out of their mouth is going to prove otherwise. I know the next thing out of their mouth is going to be some exception where THEY don't think free speech is really all that important.

    Personally, I am completely baffled as to how the first amendment got so thoroughly trounced. Granted, it seems to hold off the worst of the insane attempts to limit speech, but I thought the "shall make no law...abridging the freedom of speech" is pretty clear. It almost reminds me of that Onion article where during an interview with God he expresses how utterly dismayed that the 10 commandments are not followed. In particular, god thought the "Thy shall not kill" was pretty damn clear, yet people kept making up exceptions to the rule.

  30. Dang by Karem+Lore · · Score: 1
    Well that's Zelda out of the question for my 14 year-old son. All that killing and all. Not to mention Space Invaders, murdering aliens. Halo...nope...hell, even the US Army's own American Army...Nope (so how will they recruit now?)

    Karem

    --
    When all is said and done, nothing changes...
  31. Is it possible that they are right? by gameboyhippo · · Score: 1
    Is it just possible that the Gov. is right? We don't let our kids watch pornography. Most parents can agree that pornography is bad for children. So why should we let them play games that involve sexual assaulting someone? That's worse than pornography.

    I was amused at some of the respones. "Oh! I guess that means space invaders is bad. blah blah blah..." Tell me the last time Space Invaders involved murdering innocent people. Tell me the last time America's Army involved raping women. Tell me the last time Link was just killing the monsters because they were too cute and cuddely? GIVE ME A BREAK!!! You guys know full well that there is a difference between those games and Grand Theft Auto or Bully. Your arguments are rediculous. It can be a safe assumption that the 1st ammendment was created to allow people to speak negativly about politics, go to church without fear, and write the truth in the press. I highly doubt that right was there so that people could have sex on their front lawns, make "curtisy calls" while I'm trying to sleep, or remove parents rights to make legislation that protects their kids from total garbage.

    I love videogames. I'm not sure why you guys want to ruin the industry by turning it into garbage. The NES was found in many homes. Families played together. Now parents don't even want to touch a PS2 or XBox controller. It's too bad.

    1. Re:Is it possible that they are right? by some+guy+on+slashdot · · Score: 1

      Name a game available in major retailers or most small U.S. game stores that in any way involves sexual assault.

      What's that? You can't? Gee, I wonder why.

      Probably because the ESRB wouldn't rate those games anything other than AO. In fact, they probably wouldn't rate them at all. You know, that ESRB that supposedly isn't doing anything to protect anyone, and is getting paid to rate eeevil games low so kids will buy them?

      On the other hand, A Clockwork Orange - which contains a nasty mix of rape and violence, or The Godfather - which contains horrific scenes of murder and spousal abuse, are considered paragons of filmmaking. American filmmaking, no less; not produced by those wild and wooly foreigners. You can see depictions of rape on the Lifetime network, especially if it's movie night. Hell, we have an entire CSI franchise devoted to sex crimes. But somehow, video games that don't even depict these crimes are considered worse? Consider me puzzled.

      The truth is, the only argument in favor of this law is fear. Politicians like Yee play on the chance that there might possibly be some kind of nebulous harm somehow attached to the object in question. And harm is certainly bad...I mean, other things that hurt us are banned, so they must have a reason, right? I don't have a problem with them arguing to restrict something. What bothers me is when they lie. Sexual assault games? Pedophiles using The Sims to sneak a peek at naked children? Selling a kid a video game is as bad as physical abuse? The head of the ESA is like a Nazi propaganda agent? Clearly, someone isn't being entirely honest about the situation here.

    2. Re:Is it possible that they are right? by gameboyhippo · · Score: 1

      I'll tell you why I couldn't name one off halfway in the middle of your typing

      #1 I didn't know you were online typing that message. It's a static forum.
      #2 Even if I did, I couldn't wrestle away your keyboard. I'm probably several thousands of miles away.
      #3 I was asleep.
      #4 I wouldn't have played such a game anyway. But from what I hear, you can have sex with a prostitute in GTA and then murder her. I don't know what you call that. Perhaps that's not sexual assault in your opinion. In any case, a woman is in a desperate profession that she is forced into by poverty. And then she is murdered brutally by a vehical. That's not for kids in my opinion.

      So if such a game does not exist as you say, then the law is meaningless and shouldn't affect you. So there should be no complaints, right?

      As for the sims. The truth is, people have sexual mental diseases. I agree that it would be rediculous that someone would get off of the undetailed naked bodies of sim children. But think about this. When I was younger, the undetailed breasts of Ryoko (or some other anime character) affected me. Soon, I desired to see more. Eventually I was led (easily) into a path of pornography addiction. It took several years to get rid of such an aweful addiction. And yes, I think pornography is bad. It takes away from intimacy between a husband and his spouse. It takes away from the mysteries and joys of sex.

      So being younger once, I know that any sexual scene, abuse or not, is bad for kids. You should be lucky that they are just focusing on sexual assault.

      Next, I would like to say that you have to pay to get Lifetime (although I don't know why anyone would) and therefore they have a right to put whatever junk they want in their shows. If I had cable or sattelite, I would block channels that did not meet my expectations in decency. And that would be my right. As for the other movies, they can be blocked by rating as well. I would also like to see legislation that restricts the buying of PG13 movies to kids under 17 without parental approval. A lot of PG13 movies are not sutible for 13 year olds in my opinion.

      Finally, the soverignty of the State lies with its people. If the people don't like this law, they will elect different legislators. If they don't then I don't want to hear any whining.

  32. Talk about bad comparisons by Tom · · Score: 2, Funny

    "History has proven in cases of child labor

    Physical act that harms someone

    and physical assault on children

    Physical act that harms someone

    a game allows a player to virtually commit sexual assault and murder

    Virtual act where nobody is harmed

    alcohol, tobacco

    Physical items with harmful effects

    , and pornography, among other items,"

    At last, the only thing that actually compares! Wow, yeah!

    Now, hang on. What did we do about porn? Yes, we passed laws that allows only adults to buy them.

    So we need a law that allows only adults to buy violent titles, like GTA. Say, people over 17? Hey, wait. We already have these laws, you fucking idiot!

    --
    Assorted stuff I do sometimes: Lemuria.org
    1. Re:Talk about bad comparisons by http101 · · Score: 1

      Did someone mention porn and a hot meal? :-)

      --
      -- Game Developers: Stop porting badly-textured games from crappy console systems!
  33. freedom of censorship by Masque+Noir · · Score: 1

    I think the problem have been pointed out already and resides in the justification itself: "I'm for freedom of speech and the first amendment, but we have to protect children from.... " In the name of the children we demand either: a) more legislation in the quest for ethics which inevitably results in a loss of liberty of thinking or b) more censorship in the name of the freedom of speech. This is not very different from saying: "I'm for freedom of speech, but there's this book here which talks about communism and we must protect democracy! We can't allow people to read that!" or how about a book which says god doesn't exist, i'm all for freedom of speech you know, but if my child where to read somewhere that there is no god, think of the damage that could do! Inquisition used to use the same kind of arguments to burn books and people. I'm sure they used the save the children argument in those days also. Rating games is as efficient as rating movies or music, shich is close to none. Children will still play them, maybe even more because of the attactiveness of the forbidden. It's censorship disguised as a benevolent measure to better society. State never should decide what you should see or read, that only leads to state deciding what you should think or vote.

  34. Re:Answer. by PowerBallad · · Score: 1

    SimTouchLittleSuzy 2K6.

  35. Re:equating video games to vices by Impy+the+Impiuos+Imp · · Score: 1

    I would have thought you were making a joke, had you not been like the 3rd person to mention that title, and I'm not even halfway scrolled down.

    Anyway, statistics about dropping teen crime rates aside, I have no problem with the law either. It's pretty lame to whine about lost profits because you cannot sell ultraviolent bloody games to a 14 year old, then to feign some freedom of speech issue. (Which it may be, but it's a stretch that freedom of speech extends to adults pushing such things on children without the parents' permission, for profit purposes.)

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  36. Community values protect when family values fail. by Safe+Sex+Goddess · · Score: 1
    Community values protect when family values fail.

    As with most everything in life, the truth lies somewhere in the middle. In a perfect world, family values may suffice. But when the parents are negligent or abusive, then community values should be there providing a safety net to protect children and spouses.

    --
    Abstinence is a government conspiracy. www.SafeSexZone.co
  37. Mirror Neurons by Safe+Sex+Goddess · · Score: 1
    The real reason that children shouldn't be exposed to this violence is because our brain treats watching a person do something the same as if we are doing it ourself.

    --
    Abstinence is a government conspiracy. www.SafeSexZone.co
  38. Re:Community values protect when family values fai by Iriel · · Score: 1

    I understand the value of this, but my point is that if his misuse of the word 'community'. The community is obviously not doing enough (in his eyes) so the government has to step in. When it comes to raising children, there is a big difference between community values and legislation (more often than not).

    --
    Perfecting Discordia
    www.stevenvansickle.com