Slashdot Mirror


Hot Coffee In The Retail Space

Gamasutra has a piece talking to the Interactive Entertainment Merchants Association's Hal Halpin about the impact of recent gaming news on the retail space. From the article: "As of this minute, [the game retail industry's] three major opponents are the State of California, the State of Illinois and the State of Michigan ... More specifically, they are those states' respective attorney generals and their governors, who each signed into law bills which their legislatures knew full-well would be in violation of the First Amendment."

80 comments

  1. I didn't read the article... by InsideTheAsylum · · Score: 0, Offtopic

    But isn't almost every other store a starbucks anyways?

    1. Re:I didn't read the article... by Anonymous Coward · · Score: 0

      God DAMMIT, some moderators are idiots. This is +1 funny!

  2. First Amendment is Federal, not State by Anonymous Coward · · Score: 0

    First Amendment applies only to Congress, not to the states. It says "Congress shall make no law...", not "the states shall make no law."

    1. Re:First Amendment is Federal, not State by Jeff+DeMaagd · · Score: 1

      A lot of states have similar clauses in their constitutions, there might be a clause in the US constitution where states and municipalities may not infringe on that.

      I'd like to know what the legislation does to stifle free speech. Does the restriction of sales and play of "NC-17" and "R" movies from youth also stifle free speech? The linked article seemed to be a lot more about catch phrases, sound bites and jingoism that it's hard to decipher as anything but vapid propaganda.

    2. Re:First Amendment is Federal, not State by sesshomaru · · Score: 1
      jingoism: noun Extreme nationalism characterized especially by a belligerent foreign policy; chauvinistic patriotism.

      Where was that in the article?

      --
      "MIT betrayed all of its basic principles."
    3. Re:First Amendment is Federal, not State by demana · · Score: 1
      Does the restriction of sales and play of "NC-17" and "R" movies from youth also stifle free speech?
      Key difference: movie ratings are voluntary, not legislated.
    4. Re:First Amendment is Federal, not State by voice_of_all_reason · · Score: 2, Informative

      From Wikipedia:

      Consequently, the literal text of the First Amendment has been functionally revised through the doctrine of stare decisis, as the Court has also acknowledged. For example, in Denver v. FCC (1996), [1], the Court stated that "this Court, in different contexts, has consistently held that the Government may directly regulate speech . . .", even though the text of the 1791 First Amendment states clearly that "Congress shall make no law... abridging the freedom of speech, or of the press . . .".

      This phenomenon of functionally revising literal text has also been referred to as creating a "virtual First Amendment".

      But if the literal text of the First Amendment is no longer used by the Supreme Court in rendering its decisions, what is? The text below is a brief representation of the virtual text used by the Supreme Court in its First Amendment jurisprudence over the years, from Thomas Ladanyi's book The 1987 Constitution.

      Text of the Virtual First Amendment (heavily abridged)

      No State legislature or the Congress of the United States shall make any law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press all media of information; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances

    5. Re:First Amendment is Federal, not State by hunterx11 · · Score: 4, Informative

      There is a 14th amendment, you know. In fact, it's newer than the 1st.

      --
      English is easier said than done.
    6. Re:First Amendment is Federal, not State by asakura · · Score: 1

      hunterx11 is exactly right. The 14th Amendment makes the Bill of Rights (the first 10 Amendments to the U.S. Constitution) applicable to the states. Section 1 of the 14th Amendment states: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States; Nor shall any State deprive any person of life, liberty or property without due process of law; nor to deny any person within its jurisdiction the equal protection of the laws." (emphasis added)

  3. Riddle me this by CrazyJim1 · · Score: 1

    Was Hot Coffee actually in the game with a cheat code? Or was it something a bunch of hackers did and changed the code? It still boggles my mind why Senators weren't upset with the gangster and other sexual things in the game.

    1. Re:Riddle me this by RoadDoggFL · · Score: 2, Insightful

      What gets me about the Hot Coffee deal is the reasoning behind it, something along the lines of:

      "A technically proficient minor could unlock content that's not suitable for those under the age of 18."

      Right. Because a kid who can work his way through the Hot Coffee modding process can't find his own (real) porn on the internet. Might as well ban that too (though I bet they could at times).

      --
      "This is considered plagiarism."
    2. Re:Riddle me this by Pxtl · · Score: 4, Interesting

      Actually, it was beyond a cheat code - it was a hack. There was no way to expose the disabled content in the game without pushing bits around manually. Afaik, you had to hexedit a savegame or gamestate or something to expose it. People then uploaded the hacked savegame file that you could DL to try it.

      The problem is that there is no real analogy for it in the real world. Most other forms of media can't include unviewable content in any expressible form. Imagine if a VHS tape had a porn movie outside of the margins of the screen - you'd have to practically break your VCR to view it. Or a book had 2 pages glued together with dirty pictures on them - but the only way to expose it was with chemical solvents that you'd have to go to a specialty store to buy.

    3. Re:Riddle me this by Luigi30 · · Score: 1

      Might as well ban that too (though I bet they could at times). They signed a bill banning obscene material on the Internet... I think 1997. It was declared unconsitutional (first amendment) and repealed soon after.

      --
      503 Sig Unavailable

      The Signature could not be accessed. Please try again later or contact the administrator
    4. Re:Riddle me this by hackwrench · · Score: 1

      Reminds me of a story about how leftovers from a printing of an oriental erotic book got used in a children's book. I can't find reference to it on Google though.

    5. Re:Riddle me this by pudge · · Score: 2, Informative

      They signed a bill banning obscene material on the Internet... I think 1997. It was declared unconsitutional (first amendment) and repealed soon after.

      There were a few attempts. However, it was how the law was constructed, not the actual goal of restricting the supplying of adult materials to children, that was at issue. So you can't reasonably imply that because those laws failed, that therefore government cannot restrict people from providing adult material to children.

      And I am still pissed at the EFF over that. They told a ton of outright lies about the CDA and COPA (such as saying the Starr Report would be illegal under COPA, despite the fact that it was quite clearly exempted under the "serious political interest" clause of the bill).

    6. Re:Riddle me this by Dark_Lord_Prime · · Score: 1

      The PC version involves a hack.

      The PS2 version is unlockable with an Action Replay MAX code (or, rather, long list of codes).

      I don't remember if the blocky pixel-nudity is part of the original minigame, or a patch to go along with the PC hack.


      Either way, it is not something you can just sit down and enter some sort of controller/keyboard code to access. It is not part of the actual game, and it cannot be accessed in-game, though whether it was ever intended to be--or if it was inserted by individuals, rather than any sort of officially-sanctioned addition--I think is still unresolved. (please correct me if I'm wrong about that last.. I don't keep up with every little "scandal" report.)

    7. Re:Riddle me this by westlake · · Score: 1
      Was Hot Coffee actually in the game with a cheat code?

      Hot Coffee was found in the PC, PS2 and X-Box pressings of the game.

      Rockstar's reckless "don't look at us" PR offensive backfired disastrously in Congress and the state legislatures, where the gangster game gene is equally poisonous and potent politically whether you represent the inner city or the suburbs.

    8. Re:Riddle me this by tsm_sf · · Score: 1

      such as saying the Starr Report would be illegal under COPA, despite the fact that it was quite clearly exempted under the "serious political interest" clause

      It wasn't the report itself that had people up in arms, it was the accompanying image of Kenneth Star sporting a chubby while he typed it that really bothered people. Describing Lewinsky as "sultry" and "no better than she should be" didn't help his cause, IMHO.

      --
      Literalism isn't a form of humor, it's you being irritating.
    9. Re:Riddle me this by pudge · · Score: 1

      No, you're completely off-base and off-topic. I am not talking about the politics surrounding the Starr Report, I am talking about COPA, and the fact that the EFF made the deceptive and false argument that COPA would make the Starr Report illegal to post online.

  4. Wait a minute.. by sesshomaru · · Score: 3, Insightful
    "Attorney Jack Thompson is someone whom I believe has his heart in the right place actually," Halpin said. "I think it's clear to all involved that he earnestly believes his perspective shall be the one to prevail and he is willing to put all of himself - personally and professionally - into that fight...a position which I don't see countered on the 'pro' side of the debate. That said, we take issue with his opinion that our members have not done enough to stem the sale of Mature-rated games to minors, and in that regard, we appear to be adversarial."
    This is extremely sad, and really makes me wonder if this guy has studied Jack Thompson at all. No one who actually knows anything about him would think that his heart is in the right place. There are actually probably some credible people on the anti- side of this debate, who I will oppose to my death, but Jack Thompson is not one of them.

    Heck, I consider David Grossman to be another dishonest huckster, but he's like a pillar of honesty compared to Thompson. (Remember him? He used to have Thompson's part in this debate. I miss those days.)

    Just read the man's (Jack's) words, he come across as a dishonest, bigoted grandstander whose primary concern is stroking his own massive Ego. I don't get why this guy is treating him like someone who is taking a reasonable, morally responsible position here.

    --
    "MIT betrayed all of its basic principles."
    1. Re:Wait a minute.. by vertinox · · Score: 1

      Heck, I consider David Grossman

      Wasn't he they guy who said Doom could train marines to kill people?

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    2. Re:Wait a minute.. by sesshomaru · · Score: 1
      Yes, hence "dishonest huckster."

      He also said that the army's soldier to killbot programming machine was made by Nintendo. He's not really that different than Thompson, really, just slightly quieter.

      --
      "MIT betrayed all of its basic principles."
  5. The headline and summary tell me nothing by vmardian · · Score: 1

    Is it just me or does this entry leave you clueless as to what the story is actually about?

    --
    PowerLevel.com - A next generation marketplace for virtual items and services
    1. Re:The headline and summary tell me nothing by Red+Flayer · · Score: 2, Insightful

      No, it's not just you. The article isn't really about anything either, just the head of a industry organization continuing to pat the industry on the back, and try to justify the existence of the organization.

      It's like one of those quarterly or yearly "letter from the CEO" some companies distribute.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    2. Re:The headline and summary tell me nothing by ubergoober · · Score: 1

      I tuned in hoping for exclusive security cam footage from Best Buy or Circuit City. Damn... turned out to be just another serious article.

      --
      * Making waffles just so I have something to Twitter *
  6. Right.... by steveo777 · · Score: 3, Insightful
    From TFA "My personal opinion is that there should absolutely be more AO-rated product available in the market. While I'm not a First Amendment absolutist, I believe in expression, and I also would hope that like music and movies adults interested in purely adult content should be able to purchase or rent similar content on differing media"


    He also speaks in favor of Jack Thomson's efforts saying that the only front he disagrees with is the limitation of MA or AO games to the public in general... which is the only issue Thompson ever argues about (well, I know he'd like it banned, but that's not going to happen).

    Personally, I agree that certain content should NEVER fall into the hands of minors. I don't care what the parents say. There is no such thing as a non-impressionable teenager. You can tell me how independent you or your kids are, but right up till you die your environment has an impact on you.

    Any parent who thinks their 13 year old son is old enough to handle extreme violence (killing bystanders for fun), sexuality (nudity, scantally clad women/men doing their thing, porn), or drug use (the support of it) in any video games/movies (very few exceptions) more than likely would rather let the game machine and TV raise thier kids than step up to the plate. At any rate, they're not okay in my book.

    The article doesn't make much sense, and it's kind of hard to understand if this guy's got a point.

    They're worried about their wallets. This guy doesn't care what's actually in the game. Free speech is to keep voices from being quelled on a political front, for the most part. They aren't being silenced anyway. We aren't violating free speech, we're protecting our kids', and thier future's!

    --
    This sig isn't original enough, it's time to come up with something witty...
    1. Re:Right.... by TheRealMindChild · · Score: 2, Insightful

      What part of sex do you not think a person at 13 is ready for? Up until very recently in our social eveolution, people were going to war, getting married and having children at that age. Young people haven't become more stupid over time... if anything they are collectively more intelligent. The problem is, sir, is that you treat them as something less than a person.

      --

      "When life gives you lemons, don't make lemonade. Make life take the lemons back!" -- Cave Johnson
    2. Re:Right.... by Naikrovek · · Score: 2, Insightful

      "What part of sex do you not think a person at 13 is ready for? Up until very recently in our social eveolution, people were going to war, getting married and having children at that age. Young people haven't become more stupid over time... if anything they are collectively more intelligent. The problem is, sir, is that you treat them as something less than a person."

      Do you know any 13 year olds? There is nothing about any 13 year old that is ready for sex except their bodies, and even that is borderline.

      Your arguement is similar to this: "There is nothing wrong with lead consumption. Until very recently in our social evolution, toothpaste came in lead tubes and water was delivered to our households in lead pipes. we survived fine."

      The reason that our society sees 13-year-olds as being too young for sex (and lead unsuitable for human consumption) is because we know a *lot* more about the growth of the mind, starting very recently. it is called progress. We know more, so we know what to avoid much more clearly.

    3. Re:Right.... by LordNimon · · Score: 1
      What part of sex do you not think a person at 13 is ready for?

      The part where one of them gets pregnant, even though neither of them are capable of supporting the child, or themselves.

      --
      And the men who hold high places must be the ones who start
      To mold a new reality... closer to the heart
    4. Re:Right.... by voice_of_all_reason · · Score: 1

      Previous poster does make a highly valid point that we're de-volving as a species in this respect.

      A 13-year old in the middle ages could hunt, fight, and raise a family. I'm 25 and can't do any of those things :(

    5. Re:Right.... by pudge · · Score: 1

      What part of sex do you not think a person at 13 is ready for?

      Any and every part the parent says they are not ready for.

      The problem is, sir, is that you treat them as something less than a person.

      No, the problem is that you are treating parents as less than parents.

    6. Re:Right.... by Anonymous Coward · · Score: 0

      ...except that a study showed that, as long as there was consent, the 14 year olds later remembered it as a positive experience.

      Hence the concept that there is something psychologically damaging (much less something ungodly horrific requiring a 30 year sentence) is a bunch of fraudulent hot air.

      Sorry to burst your bubble. Truth and reality hurt, I know.

    7. Re:Right.... by geminidomino · · Score: 1

      No, the problem is that you are treating parents as less than parents.

      No, that's what the government is doing with all these laws. And said "parents" seem to like it just fine.

    8. Re:Right.... by pudge · · Score: 1

      No, that's what the government is doing with all these laws.

      I know many people think so, but they -- like you -- are wrong. If this were true, then every law that makes it illegal to provide something to a minor is "treating parents as less than parents." Society doesn't agree with you, and thinks you're a looney.

      I don't think you're a looney, I just think you're ignorant. But society really does think you're a looney, because you think that some guy I've never met has the right to make the decision to sell adult material to my child, without my consent. And it's hard to come up with an idea that is loonier than that.

    9. Re:Right.... by geminidomino · · Score: 1

      , because you think that some guy I've never met has the right to make the decision to sell adult material to my child, without my consent. And it's hard to come up with an idea that is loonier than that.

      Where did I say he had that right? I said that KEEPING him from doing it without your consent is YOUR job, not the government's.

      And you can call me loony all you want (even if you insist on doing it in a thinly-vieled backhanded fashion), but the simple fact is anyone who thinks that laws based on this kind of thought process will only keep "objectional" material out of the hands of minors, and not interfere with consenting adults getting their hands on it is naive.

    10. Re:Right.... by pudge · · Score: 1

      Where did I say he had that right?

      It was directly implied by your opposition to legislation the sole purpose of which is to say he does not.

      I said that KEEPING him from doing it without your consent is YOUR job, not the government's.

      So I may arrest him if he violates my parental rights? Or sue him?

      the simple fact is anyone who thinks that laws based on this kind of thought process will only keep "objectional" material out of the hands of minors, and not interfere with consenting adults getting their hands on it is naive.

      Um ... name one way -- just one -- in which this would interfere with an adult's access to such materials. I can think of one and only one myself: an adult who looks young who has no identification proving his age. But that's such a tiny amount of people, and such people are extremely unlikely to have a gaming machine anyway, that I don't think it is significant. Have you got any other way?

      Also, realize you are also arguing against laws that forbid the sale of *anything* to a minor, including alcohol, tobacco, porn, and guns, which interfere with consenting adults exactly as much.

    11. Re:Right.... by geminidomino · · Score: 1

      Or sue him?

      Bingo. A far better solution than the one they are offering.

      Um ... name one way -- just one -- in which this would interfere with an adult's access to such materials. I can think of one and only one myself: an adult who looks young who has no identification proving his age. But that's such a tiny amount of people, and such people are extremely unlikely to have a gaming machine anyway, that I don't think it is significant. Have you got any other way?


      Yes. When these laws prove just as incapable of keeping violent video games out of the hands of minors as they are keeping porn, booze, cigarettes, and drugs away from them, the "think of the children" crowd pushes for outright bans. Failing that (as they will), the next step brings more of the Jack Thompson's out of the woodwork, and streams of lawsuites against the developers are launched. Given enough time and propaganda, they might even start to succeed, the developers may find that constant payouts are cutting into their profits, and decide its safest to just keep churning out sports games and falling block puzzles, with nary an FPS in sight.

      Sure, it's unlikely, but entirely possible, and I'm not going to support it just because you don't want to do your job as a parent.

    12. Re:Right.... by pudge · · Score: 1

      Bingo. A far better solution than the one they are offering.

      Um, except that it is perfectly legal and there is therefore no grounds for a lawsuit. So, um, no.

      Yes.

      No, you don't.

      When these laws prove just as incapable of keeping violent video games out of the hands of minors as they are keeping porn, booze, cigarettes, and drugs away from them, the "think of the children" crowd pushes for outright bans.

      But those movements are never successful, so who cares what they push for?

      Failing that (as they will), the next step brings more of the Jack Thompson's out of the woodwork, and streams of lawsuites against the developers are launched.

      You have it backward: that these retailers legally sell these materials to children INCREASES the frequency of such lawsuits. Many have written that the industry should welcome such noninvasive laws as these, in order to indemnify themselves from the Thompsons of the world.

      Given enough time and propaganda, they might even start to succeed, the developers may find that constant payouts are cutting into their profits, and decide its safest to just keep churning out sports games and falling block puzzles, with nary an FPS in sight.

      Sorry, but that's just stupid. GTA has been under fire for years, and GTA:SA was still the hottes video game in history.

      Sure, it's unlikely, but entirely possible, and I'm not going to support it just because you don't want to do your job as a parent.

      Again, you refuse to see the truth here. Or are incapable of it. Either way, you are quite obviously and clearly wrong in your characterization, as the intent and effect of the law is solely to forbid others from taking my job as parent, from usurping my authority and making a decision about what my child should have access to.

      Sane and reasonable and logical people, and parents, understand this. Kids who have little experience and understanding, like yourself, don't.

    13. Re:Right.... by Anonymous Coward · · Score: 0

      Worse than treating your child (why does your example only include a son?) as a non-person, you make/conflate depictions or representations (like seen on the day's news show on TV or read in the daily paper) as the equivalent of actual violence or actual sexual violence. Sorry, but pretending what you read in a book is the same as the event described is beyond disingenous. It's stupid.

    14. Re:Right.... by geminidomino · · Score: 1

      Um, except that it is perfectly legal and there is therefore no grounds for a lawsuit. So, um, no.

      That's because they made THIS law instead. The one where *I* have to pay for the enforcement of a law based on YOUR lack of ability to supervise your child.

      But those movements are never successful, so who cares what they push for?


      When I was in elementary school, they said the same thing about legislating Xianity. Funny what changes in twenty years.

      Either way, you are quite obviously and clearly wrong in your characterization, as the intent and effect of the law is solely to forbid others from taking my job as parent, from usurping my authority and making a decision about what my child should have access to.


      No, a law allowing a civil right of action would do that properly: at YOUR expense. This one does it at mine. The intent of this law is to mask your incompetence and let the government do your job for you.

      Sane and reasonable and logical people, and parents, understand this. Kids who have little experience and understanding, like yourself, don't.

      Very cute. Entirely false and self-aggrandizing, but cute nonetheless.

      For the sake of the genetic stock of the next generation, I hope this kid of yours is hypothetical, since his genetic stock isn't what it could be. (See? I can make pointless ad hom attacks too!)

    15. Re:Right.... by pudge · · Score: 1

      That's because they made THIS law instead. The one where *I* have to pay for the enforcement of a law based on YOUR lack of ability to supervise your child.

      It's a simple fact that the basis of this law is about one thing only: to protect the rights of parents. That you deny this only shows you have nothing intelligent to say about this issue.

      It's also true that you have continued to neglect to differentiate this law from others that protect children, and thereby align yourself with those would get rid of all such laws, which puts you solidly against well over 90 percent of public opinion.

      And that you continue to criticize how I choose to parent only proves you are entirely hypocritical, since your argument requires me to accept that my parenting is my business alone, and not yours.

      So you're clueless about the law, you're against overwhelming public opinion, and to top it all off, you're a hypocrite.

      Hooray for you.

    16. Re:Right.... by geminidomino · · Score: 1

      It's a simple fact that the basis of this law is about one thing only: to protect the rights of parents. That you deny this only shows you have nothing intelligent to say about this issue.

      I don't deny this. That's the problem. It protects the rights of parents at the expense of the other taxpayers. That's the problem.

      It's also true that you have continued to neglect to differentiate this law from others that protect children, and thereby align yourself with those would get rid of all such laws, which puts you solidly against well over 90 percent of public opinion.

      Not sure if you've encountered "the public" lately, or have gotten a whiff of the rotting stench of whats left of their combined mental capabilities, but simply put: Having them disagree with me is the highest praise I could ask to receive.

      And that you continue to criticize how I choose to parent only proves you are entirely hypocritical, since your argument requires me to accept that my parenting is my business alone, and not yours.

      Bzzt. Wrong. By embracing this law that makes everyone pay for your failings, you MAKE it everyone else's business. That is the largest point of my criticism, whether you chose to ignore the point or not.

      So you're clueless about the law, you're against overwhelming public opinion, and to top it all off, you're a hypocrite.

      0 for 3. Way to go, Joe Public.

    17. Re:Right.... by pudge · · Score: 1

      I don't deny this.

      You're lying. You denied it several times. Here:

      *I* have to pay for the enforcement of a law based on YOUR lack of ability to supervise your child.

      Except it is not about supervision of the child, but protection of parental rights. And more directly you denied it here:

      The intent of this law is to mask your incompetence and let the government do your job for you.

      Again, no, it is about protecting parental rights.

      So, you're a liar.

      Having them disagree with me is the highest praise I could ask to receive.

      Goody for you.

      By embracing this law that makes everyone pay for your failings, you MAKE it everyone else's business.

      Nope. You have it entirely backward.

      That is the largest point of my criticism, whether you chose to ignore the point or not.

      No, I recognize that is the largest point of your criticism, and it is on that basis that I pointed out the fact that you do not understand the issue.

    18. Re:Right.... by geminidomino · · Score: 1

      You're lying. You denied it several times.

      That's a mighty big accusation from one with your apparent selective reading comprehension. I never said it didn't protect parents rights. As you quoted me:

      *I* have to pay for the enforcement of a law based on YOUR lack of ability to supervise your child.

      This is a given. Criminal trials are paid for at taxpayer expense. That has nothing to do with parental rights. Complete red herring.

      Except it is not about supervision of the child, but protection of parental rights. And more directly you denied it here:

      The intent of this law is to mask your incompetence and let the government do your job for you.


      Six of one, half dozen of the other. There's no denial there. What you call "protection of parents' rights" I call "masking parental incompetence."

      By embracing this law that makes everyone pay for your failings, you MAKE it everyone else's business.

      Nope. You have it entirely backward.


      How do I have it backwards? You want me to not criticize your parenting, then stop claiming the "right" to use my money to do it. Simple as that. It's bad enough I've already got to pay to put other people's stupid kids into school, now you want us to pay government babysitters too.

    19. Re:Right.... by pudge · · Score: 1

      This is a given. Criminal trials are paid for at taxpayer expense.

      Um, you're missing the point. I was focusing on the second part of the sentence, where you deny what you said you affirm: that the point of the law is parental rights. Instead you said the point is lack of ability to supervise.

      Six of one, half dozen of the other. There's no denial there.

      Ok, so you're not a liar, you're just stupid. Because no, "parental rights" and "parental incompetence" are not remotely the same thing.

      How do I have it backwards?

      Because it is not making it everyone else's business. Indeed, it is stating that it is no one else's business, and therefore you cannot get involved by making the decision to sell it to my child.

      You want me to not criticize your parenting, then stop claiming the "right" to use my money to do it.

      I'm not. You're still seeing this incorrectly. I am not asking for your money to do parenting for me; I am demanding the government disallow others from parenting for me.

      Until you can see it properly in this way, you have nothing intelligent to say about the issue.

    20. Re:Right.... by geminidomino · · Score: 1

      Um, you're missing the point. I was focusing on the second part of the sentence, where you deny what you said you affirm: that the point of the law is parental rights. Instead you said the point is lack of ability to supervise.

      No, you're missing the point, as in that they are the same point. Let me put this in small words since slashdot doesn't have support for a "big letters in crayon font."

      This bad law protects your parental rights by taking getting ME involved in your parenting by making me pay for your lack of supervision.

      You can say it's not about supervision all you want, but the fact is that if you were doing your job, the law would never be put into action. I know this is a tall order, but think about it. If your little brat walks into Gamestop and buys Grand Theft Auto: Super Boobs and Bombs Edition, what must have happened?

      * The whelp got himself to the video store without your knowledge.
      * He had $50-$60 in his pocket to buy the game.
      * He had the system to play the game on, probably in his room or elsewhere where you can't see what he's playing.
      * He had the lack of discipline to buy the game despite knowing it wasn't for him OR He didn't know the game wasn't for him.
      * The store sold him the game.

      So yeah, the store does wrong in selling it to him. But I count 4 failures on your part to the store's one.

      Ok, so you're not a liar, you're just stupid. Because no, "parental rights" and "parental incompetence" are not remotely the same thing.

      If I hadn't seen that it's your habit of ad-homming people who take you to task for being a nanny-statist and a shitty parent, this would rather upset me. I know many parents who seem to be doing a good job, and yet they don't whine about "parental rights." Instead, they discipline and supervise their own kids. If they find the kid has something he shouldn't, they take it away and punish the kid, not call the cops.

      To put it more clearly, ONLY incompetant parents are whining about "parental rights."

      Because it is not making it everyone else's business. Indeed, it is stating that it is no one else's business, and therefore you cannot get involved by making the decision to sell it to my child.

      State whatever you want, doesn't make it true. If I pay for it, it's my business. Them's the breaks. Learn to deal with it.

      I'm not. You're still seeing this incorrectly. I am not asking for your money to do parenting for me; I am demanding the government disallow others from parenting for me.

      You're allowing the government to parent for you, and they're using my money for it. *PART* of parenting is stopping others from negatively influencing your children. As long as you outsource it to the government, it's using my money.

      Until you can see it properly in this way, you have nothing intelligent to say about the issue.

      If I see it "properly" your way, it means I've lost all sense of self-respect and have turned into a nanny-statist crybaby like yourself. I hope your wife is banging the mailman or something, otherwise I pity your kids. You are a pathetic excuse for a role model.

    21. Re:Right.... by pudge · · Score: 1

      This ... law protects your parental rights

      So now you are once again denying your own words. First it was not about parental rights, then it was, then it was not again, and now it is again.

      Ow, whiplash!

      I count 4 failures on your part

      And I count one more time you are explicitly hypocritical by claiming on the one hand my parenting is none of your business, and then proceeding to criticize my parenting.

      To put it more clearly, ONLY incompetant parents are whining about "parental rights."

      And only incompetent people draw from their own limited experiences and make universal statements about what "only" certain people do.

      Further, only incompetent people misspell "incompetent." (Yes, spelling flames are lame, but when you're attacking someone else's intelligence while displaying your own lack of same, well, it's just asking for it.)

      You're allowing the government to parent for you, and they're using my money for it.

      So when I ask the police to catch the person who tried to run my child over with a car, that is the government parenting for me?

      If that's not, then this is not.

      And if so, then "parenting for me" has no useful meaning. You've done nothing at all to distinguish between this, and other violations. Your arguments amount to nothing less than total anarchy: everything is asking the government to do something, and that is being a "crybaby" and we shouldn't do it, so the government therefore should do nothing at all. And if the government should do nothing, then there's no point in having one.

      So anarchy it is, according to you.

      If I see it "properly" your way, it means I've lost all sense of self-respect and have turned into a nanny-statist crybaby like yourself.

      Yes, it is "nanny-statist crybaby" to demand that government protect rights! Damn that Thomas Jefferson! He was such a total whiner!

      Yawn.

    22. Re:Right.... by geminidomino · · Score: 1

      So now you are once again denying your own words. First it was not about parental rights, then it was, then it was not again, and now it is again

      You do realize that my post remains visible completely visible, right? Your selective quoting, and subsequent response to, only of half of a point only makes you look like a tool.

      And I count one more time you are explicitly hypocritical by claiming on the one hand my parenting is none of your business, and then proceeding to criticize my parenting.

      Wow, you are surprisingly thick. You EXPLICITLY WANT your parenting to be public business. That's what government involvement means: public involvement. I'm just giving you what you have been supporting throughout this entire thread, in spades.

      So when I ask the police to catch the person who tried to run my child over with a car, that is the government parenting for me?

      Holy shit. Selling a kid a video game is the same as attempted murder?! Jack Thompson, is that you?! Your book sucked.

      If that's not, then this is not.

      Untrue. One is attempted murder. The other is letting a kid buy a video game without parental knowledge, with money he shouldn't have anyway if his parents didn't want him to have the game.

      And if so, then "parenting for me" has no useful meaning.

      This conclusion is based on a false premise. Thus, it is invalid.

      You've done nothing at all to distinguish between this, and other violations.

      That's because it didn't seem reasonable to have to distinguish between selling a kid GTA and attempted murder. I apparently overestimated your intelligence (which doesn't speak well for you, since I didn't hold it in particularly high regard in the first place).

      Yes, it is "nanny-statist crybaby" to demand that government protect rights! Damn that Thomas Jefferson! He was such a total whiner!

      Wrong. The government protecting rights would be a law allowing civil action. That would keep the responsibility where it belongs: on parents. If you're pissed off that you're stupid kid got a copy of Doom3 behind your back, it's your job to sue. Instead, you outsource it to the government on my dime. This is what makes it my business. Your parenting abilities are going to cost me money, and as such, I reserve the right to criticize them.

    23. Re:Right.... by pudge · · Score: 1

      You do realize that my post remains visible completely visible, right?

      Hell, I'm counting on it. That's how people can read and see my analysis is correct.

      You EXPLICITLY WANT your parenting to be public business.

      Only if you define "parenting" in a patently ridiculous way (which you do).

      Holy shit. Selling a kid a video game is the same as attempted murder?!

      No, why would you think so? I certainly didn't say it. Try reading again, maybe?

      What I did was show how your logic ("government helping parents" == "unwarranted and unwelcome government intrusion") is obviously flawed.

      It's your logic -- not mine -- that inevitably leads to the example I offered. You're the one who has failed to distinguish between proper and improper government "parenting," despite repeated requests by me that you do so. You simply continued to make blanket statements about your money being used to do things parents should do, and neglected to show where the line is that makes one thing worthy of your money, and another thing not.

      The government protecting rights would be a law allowing civil action.

      Right. So you think Thomas Jefferson was full of shit. He did not have tort law in mind when he wrote about how the government's primary duty is to protect the rights of people, he was speaking specifically of government action. So too Martin Luther King Jr., and everyone else behind our Civil Rights Acts, which you apparently want to repeal.

      Your parenting abilities are going to cost me money, and as such, I reserve the right to criticize them.

      I never said you couldn't criticize. But so too can I criticize your feeble attempts at criticism.

    24. Re:Right.... by geminidomino · · Score: 1

      Hell, I'm counting on it. That's how people can read and see my analysis is correct.

      Given your shoddy logic, twisting of facts and arguments (when you don't downright ignore them), and tendency to fall to the logical equivalent of sticking your fingers in your ears and shouting "la la la, I can't hear you, stupid head!" I don't have a lot of fear that anyone who has the required level of intelligence that I should give a damn about them would agree with your analysis.

      Holy shit. Selling a kid a video game is the same as attempted murder?!

      No, why would you think so? I certainly didn't say it. Try reading again, maybe?


      You equated the cops hunting down the guy who tried to run your kid down with the cops busting the pimply-faced kid at the local GameStop selling him an objectional game. If that isn't what you meant, maybe you should proofread better.

      You're the one who has failed to distinguish between proper and improper government "parenting," despite repeated requests by me that you do so.

      I didn't fail to distinguish anything. Hunting down would-be murderers is not "parenting." Keeping GTA out of the hands of toddlers is. On the naive assumption that you're not deliberately being obtuse, I'll make this as clear as possible. Attempting to run someone down with a car is, and should be, a crime no matter the AGE of the victim. If the games are not meant to be kept out of the hands of adults (as you claim they are not several posts back), then the responsibility for keeping them out of the hands of children lies with the children's parents.

      I think *ANY* government "parenting" is improper. It doesn't get simpler than that.

      So you think Thomas Jefferson was full of shit. He did not have tort law in mind when he wrote about how the government's primary duty is to protect the rights of people, he was speaking specifically of government action.

      No, I think *you* are full of shit. By "rights of the people" he did not mean the right not to be offended or insulted, the right to prevent others from doing things you don't approve of, or the right to outsource thier parental responsibilities onto others.

      I never said you couldn't criticize.

      That's generally the implication of your false accusations of hypocrisy.

    25. Re:Right.... by pudge · · Score: 1

      You equated the cops hunting down the guy who tried to run your kid down with the cops busting the pimply-faced kid at the local GameStop selling him an objectional game. If that isn't what you meant, maybe you should proofread better.

      I didn't do it, so maybe you should read better? Again, what I did was point out that your logic, your absolute statements, does not differentiate between those things.

      Attempting to run someone down with a car is, and should be, a crime no matter the AGE of the victim.

      Whether the activity is dependent on the age of the victim is entirely beside the point. What if an adult has sex with a very underage child? Should the government be involved? According to the logic you've presented, no, they should not. But obviously, they should.

      So what's the differentiating factor that makes selling adult material to kids not OK for the government to be involved in, but makes having sex with kids OK for the government to be involved in? What makes one "parenting" and the other not?

      Further, why would you even say going after someone who tried to harm your child is not parenting? In my book, it certainly is. I'll grab my gun and find the guy if I can, as this is part of my job as a parent. Where is it written that this is the sole responsibility of law enforcement professionals? Not in any law that governs my country, state, county, or municipality (well, I live in no municipality, but still).

      Indeed, this is one of the most important parts of being a parent.

      I think *ANY* government "parenting" is improper. It doesn't get simpler than that.

      The problem is that your definition of "parenting" has thus far been vague, subjective, and ill-defined: you state an absolute rule, without having an objective criteria by which to define it. You leave out of "parenting" things I would obviously include (going after criminals who attempt to harm my child, education), and include things which I and most people historically and presently would consider the government's responsibility, regardless of how you label it. So what's the definition?

    26. Re:Right.... by geminidomino · · Score: 1

      I didn't do it, so maybe you should read better? Again, what I did was point out that your logic, your absolute statements, does not differentiate between those things.

      You did do it. If you want to deny it, fine. That's all you.

      So what's the differentiating factor that makes selling adult material to kids not OK for the government to be involved in, but makes having sex with kids OK for the government to be involved in?

      Severity, for starters. Again, rape is a crime, and rightly so, regardless of the victim's age. More on this in the last paragraph.

      In my book, it certainly is. I'll grab my gun and find the guy if I can, as this is part of my job as a parent. Where is it written that this is the sole responsibility of law enforcement professionals?

      In the case of "grabbing your gun and finding the guy," that it is the responsibility of Law Enforcement would be written in whatever local laws prohibit vigilantism. In the interest of full disclosure, that is something I don't disagree with you on, but the law does.

      You leave out of "parenting" things I would obviously include (going after criminals who attempt to harm my child, education),

      I would absolutely NOT leave out education. As for going after criminals, unless you're Batman, vigilantes are generally frowned upon in any society that claims to call itself "civilized."

      and include things which I and most people historically and presently would consider the government's responsibility

      "People," including you, can be wrong. "People" 500 years ago thought the world was flat. "People" 200 years ago thought that variations in skin pigmentation determined the percentage of someone's humanity.

      However, one thing that I absolutely, unwaveringly, completely place in the realm of "parental responsibility" is discipline, and that is the nature of this entire issue. If a kid is buying a game he knows he should not have, or does not know he should not have it, then the kid lacks discipline and/or education, and that is the parents' fault.

      Being the victim of an attempted murder does not imply a lack of discipline on the part of the child.
      Being sexually abused does not imply a lack of discipline on the part of the child.
      Being kidnapped does not imply a lack of discipline on the part of the child.
      A child walking into Gamestop and buying "Playboy Mansion" implies a lack of discipline and/or education in the child, and that is the parents' failing.

    27. Re:Right.... by pudge · · Score: 1

      Again, rape is a crime, and rightly so

      That's begging the question. I am saying selling adult materials to minors without parental consent should also be a crime, you're saying it should not. Simply saying one is a crime and the other is not is no argument.

      In the case of "grabbing your gun and finding the guy," that it is the responsibility of Law Enforcement would be written in whatever local laws prohibit vigilantism.

      No such laws exist. Thankfully. If you thought I meant I would execute him, then yes, there are laws against that; but I meant no such thing. My intention would be to apprehend.

      In the interest of full disclosure, that is something I don't disagree with you on, but the law does.

      No, it does not.

      I would absolutely NOT leave out education.

      You think the government should not provide any education to its citizens? Huh.

      I've known many people, including many libertarians, and I know scores of homeschooling parents and children. I've never met one person who was against government providing education.

      "People," including you, can be wrong.

      Not in a democracy, no.

      Of course, thankfully, we don't live in a democracy, but a republic. Still, this is an issue on which little is said in our Constitutions, and therefore the people get to make the decision, and their decision is necessarily right, unless you can argue against it from Constitutional principles or somesuch.

      You could mean you simply disagree with it, which I'll grant, but still, the burden of proof is on you to convince us that history a nd law and tradition in these matters should be disregarded for some other alternative. Good luck with that.

      However, one thing that I absolutely, unwaveringly, completely place in the realm of "parental responsibility" is discipline, and that is the nature of this entire issue.

      No, it's not. The nature of this issue is that children are children and will do wrong things and that adults should not be allowed to take advantage of that, especially against the wishes of the parents.

      Again you ignore thge *fact* that the *focus and intent* of the law is not about the children, but about the retailers.

      Being the victim of an attempted murder does not imply a lack of discipline on the part of the child.
      Being sexually abused does not imply a lack of discipline on the part of the child.
      Being kidnapped does not imply a lack of discipline on the part of the child.


      A retailer taking advantage of an impressionable child by selling him adult material does not imply a lack of discipline on the part of the child.

      Why is sex with a child rape, by definition? Because the child is a child, who cannot be counted on to make the decision to have consensual sex.

      This is not about the children. It's about those who prey on the children.

      Your argument ends up being entirely circular, as it was when you began above: you think this does not amount to abuse, and should not be a crime, so therefore it is less severe. But that is YOUR opinion, and I am the parent, and I say you're wrong, and because I am the parent, I am therefore right.

    28. Re:Right.... by geminidomino · · Score: 1

      That's begging the question. I am saying selling adult materials to minors without parental consent should also be a crime, you're saying it should not. Simply saying one is a crime and the other is not is no argument.

      Again, you snipped out that I further expanded the point later. It's not "begging the question" it's answering the point later.


      No such laws exist. Thankfully. If you thought I meant I would execute him, then yes, there are laws against that; but I meant no such thing. My intention would be to apprehend.


      In this, you are correct and I am mistaken. That's what I get for taking cops' words on the law (and I meant that sincerely). It's still sticky, though, as making a citizen's arrest doesn't afford you the protection from lawsuits that the cops have.


      Not in a democracy, no.

      Of course, thankfully, we don't live in a democracy, but a republic. Still, this is an issue on which little is said in our Constitutions, and therefore the people get to make the decision, and their decision is necessarily right, unless you can argue against it from Constitutional principles or somesuch.

      You could mean you simply disagree with it, which I'll grant, but still, the burden of proof is on you to convince us that history a nd law and tradition in these matters should be disregarded for some other alternative. Good luck with that.


      I did. You decided to snip and ignore them. See "Flat earth" and "blacks are 3/5 of a person" for examples of the "People" being wrong. Your dodge about democracy/republic doesn't make any difference. The world would not suddenly become flat if the majority voted that it be so (though I hear Kansas may be making a stab at it anyway).

      The nature of this issue is that children are children and will do wrong things and that adults should not be allowed to take advantage of that, especially against the wishes of the parents.

      Yes, and when the child does something against the wishes of the parent, the parent should DISCIPLINE the child.

      Again you ignore thge *fact* that the *focus and intent* of the law is not about the children, but about the retailers.

      I don't IGNORE that fact. I *point out* that fact as the MAJOR FLAW in the law.

      A retailer taking advantage of an impressionable child by selling him adult material does not imply a lack of discipline on the part of the child.


      Wait a second. Above, the kid was buying the game and doing the wrong thing, but here, the retailer is coaxing him to do it? Which is it? Is the kid a mindless robot that follows any command it's given (and if so, why did it not follow the parent's command to stay away from bad games?) or does it have a mind of its own, despite an underdeveloped sense of causality and consequences?

      Why is sex with a child rape, by definition? Because the child is a child, who cannot be counted on to make the decision to have consensual sex.

      And that is where the parent's responsiblity of educating the child comes in. The government should provide education in the terms of Math, reading, and science. Acceptable behavior, consequences, and right and wrong are entirely the baliwick of the parent.

      This is not about the children. It's about those who prey on the children.


      Again with the Thompson-talk. The kid who sneaks off to buy something he knows he's not supposed to have, be it GTA, a bag of weed, or a box of condoms, is NOT A VICTIM. He is a co-perpetrator. His behavior is wrong and should be punished.

      Your argument ends up being entirely circular, as it was when you began above: you think this does not amount to abuse, and should not be a crime, so therefore it is less severe. But that is YOUR opinion, and I am the parent, and I say you're wrong, and because I am the parent, I am therefore right.

      Errr... "I am the parent, I am therefore right?" You mean "because I said so?" No, that's really not how it works. For starters, you are the

    29. Re:Right.... by pudge · · Score: 1

      It's not "begging the question" it's answering the point later.

      I don't believe you did.

      It's still sticky, though, as making a citizen's arrest doesn't afford you the protection from lawsuits that the cops have.

      Yep. As it should be.

      I did. You decided to snip and ignore them. See "Flat earth" and "blacks are 3/5 of a person" for examples of the "People" being wrong.

      No, you're missing the point. I didn't say the people can't be wrong. I said the burden of proof is on you to show it. In those cases you mentioned, we (almost) all agree that "the people" used to be wrong. If you now wanted to say the people are wrong and blacks should be treated as 3/5 a person, then the burden of proof would rest with you to show it, and convince people.

      Your dodge about democracy/republic doesn't make any difference. The world would not suddenly become flat if the majority voted that it be so

      And neither is it wrong for government to do what you call "parenting" just because you say it is.

      I don't IGNORE that fact. I *point out* that fact as the MAJOR FLAW in the law.

      No. You keep talking about how the law helps parents who don't discipline their child, which is a straw man, ignoring the actual point of the law, which has nothing at all to do with what you're talking about. The law has nothing to do with the discipline of the child, but the actions of the retailers, so attacking it on the basis of an aid to discipline is simply wrong.

      Wait a second. Above, the kid was buying the game and doing the wrong thing, but here, the retailer is coaxing him to do it? Which is it?

      See, just like this. I never stated or implied this was about a child doing a wrong thing, but an adult doing a wrong thing. That's what you continue to not get.

      Is the kid a mindless robot that follows any command it's given

      Of course not. But neither is he a fully responsible adult who is capable of making his own decisions.

      or does it have a mind of its own, despite an underdeveloped sense of causality and consequences?

      Yes, which the retailer takes advantage of.

      The government should provide education in the terms of Math, reading, and science.

      You said before you were against public education, which is obviously "parenting." Now you are for it?

      Acceptable behavior, consequences, and right and wrong are entirely the baliwick of the parent.

      I never implied otherwise, in any way whatsoever.

      The kid who sneaks off to buy something he knows he's not supposed to have, be it GTA, a bag of weed, or a box of condoms, is NOT A VICTIM.

      Of course he is. He is incapable of making responsible choices on his own. If he were so capable, he would be an adult, not a child. And someone who takes advantage of the fact that he is so incapable for his own personal gain is a predator, by definition.

      Errr... "I am the parent, I am therefore right?"

      About my child, yes. Of course.

      No, that's really not how it works.

      Yes, it is.

      For starters, you are the parent for YOUR kids, no one else's.

      I never proposed any otherwise.

      Thus an all-encompassing law isn't appropriate.

      The law in question does not in any way tell anyone how to be a parent for anyone else, including their own or someone else's child. That you think so shows you really don't understand it at all. Indeed, all it does -- in total -- is state that ONLY the parent gets to make such decisions; that is, it specifically ASSERTS that I am the parent for my kids, and other parents are the parents for their kids, and no one else but the parents for their own kids may make parenting decisions for those kids.

      That is: it says a retailer may not be the parent for my kid by choosing to sell him adult material.

      You have, at every opportunity, downplayed your responsibility f

    30. Re:Right.... by geminidomino · · Score: 1
      I don't believe you did [answer the point later].

      You don't seem to beleive a lot of things, regardless of what evidence may be presented. I doubt I'm going to change that.

      I never stated or implied this was about a child doing a wrong thing
      --
      The law has nothing to do with the discipline of the child, but the actions of the retailers, so attacking it on the basis of an aid to discipline is simply wrong.

      Really? I seem to remember... yes, here it is.

      by pudge (3605) * Freak on Monday November 28, @04:57PM (#14132809)

      The nature of this issue is that children are children and will do wrong things and that adults should not be allowed to take advantage of that

      If children did not do the wrong thing at times, this law would be a non-issue. So how you can deny the connection between it and a lack of discipline is beyond me. Of course, that is likely because I actually think about things rather than parroting rhetoric which supports my cause, whether or not I've actually analyzed what I'm saying.

      And neither is it wrong for government to do what you call "parenting" just because you say it is.

      That would be "opinion." Some people agree with me, some simpletons agree with you. Since the ones who agree with you are less likely to think about things like ethics and consequences, which are anathema to government, they side with you.

      No. You keep talking about how the law helps parents who don't discipline their child, which is a straw man, ignoring the actual point of the law, which has nothing at all to do with what you're talking about. The law has nothing to do with the discipline of the child, but the actions of the retailers, so attacking it on the basis of an aid to discipline is simply wrong.

      I am NOT ignoring the point of the law. I am arguing against the JUSTICE of the law. The claimed premise of the law is wrong, in a moral and ethical sense. The execution of the law is similarly flawed. And I'll tell you what the "point" of the law is. It's buying votes from the "THINK OF THE CHILDRENS!!111!!1" jackoffs, nothing more. If you think it's meant to accomplish ANYTHING otherwise, you're naive.

      You said before you were against public education, which is obviously "parenting." Now you are for it?

      That was not a contradiction, it was a correction since your ability to read for comprehension, at least on matters that challenge your worldview, appears to rival that of a third grade student. Public education is good, when it is used to teach students academics. It has no business teaching them morality. That's your job.

      The law in question does not in any way tell anyone how to be a parent for anyone else, including their own or someone else's child. That you think so shows you really don't understand it at all. Indeed, all it does -- in total -- is state that ONLY the parent gets to make such decisions;

      Wrong. It says that only the GOVERNMENT gets to make such decisions. There is no allowance for parental decisions in the law. If I were to decide that my 16 year old kid is old enough and mentally mature enough to play "Legacy of Kain: Defiance", he STILL could not buy it for himself.

      that is, it specifically ASSERTS that I am the parent for my kids, and other parents are the parents for their kids, and no one else but the parents for their own kids may make parenting decisions for those kids.

      Except the government.

      That is: it says a retailer may not be the parent for my kid by choosing to sell him adult material.

      Even if the parent doesn't agree that it is "adult material" and does not object to the kid owning it. Doesn't sound like giving power to the parents to me.

      What I have done is ignored the issue, since it is not the issue at hand. But I've not downplayed it at all.

      That you refuse to beleive it is part of the issue at hand does not make it so. But I've come

  7. stupid remarks don't help your cause by Naikrovek · · Score: 0

    making a law which makes it illegal to sell games (of any type, violent or not) to minors is not a violation of anyone's first amendment rights. Perhaps you should read that amemdment again. No one's free speech is being squelched.

    minors aren't full citizens of the united states, ask any attorney. Its the reason that many minors get away with murder and its the reason that your record is *supposed* to be wiped clean when you turn 18. Nothing in the constitution says anything about giving gaming rights to people that are not citizens of the United States.

    there is *nothing* wrong with those laws, which I'm sure many of you will argue with. I agree that they should not have been put into law, but the fact that they're laws has nothing to do with ANYONE's first amendment rights.

    So the teens of the US can't go out and buy games which allow them to steal imaginary cars and kill imaginary hookers. so what? Since when is stealing imaginary cars and killing imaginary hookers a right? persuit of stupidity and violence is not a right, and there are plenty of other ways to persue happiness.

    you idiots can mod me down all you want. you're still morons if you think gaming is a constitutional right.

    1. Re:stupid remarks don't help your cause by Anonymous Coward · · Score: 0

      Maybe someone should go read the wording of the actual laws.

      I don't think very many disagree with the of the laws.

      However, application of the certain clauses in the laws could be against the first admendment.
      In summery, Good Intention -- Poor Execution.

      Not sure who to blame for the Poor Execution, but my guess is that is fundamently related to the lack of informed moderates (as opposed to other forms of entertainment such as music/art/television/movies all of which the politians experience on a personal level for decades).

    2. Re:stupid remarks don't help your cause by voice_of_all_reason · · Score: 1

      Declaration of Independence, while not binding law, indicates that the people who founded the US beleive that Rights cannot be granted or rescinded by the government, as they are a gift from God (or Nature, for yon Athiests)

      "to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them"

    3. Re:stupid remarks don't help your cause by cpt+kangarooski · · Score: 2, Informative

      minors aren't full citizens of the united states, ask any attorney.

      Actually, they are.

      Nothing in the constitution says anything about giving gaming rights to people that are not citizens of the United States.

      The Constitution guarantees rights, it doesn't grant them. And at any rate, the 5th, 9th, and 14th amendments protect the rights of all people in the United States to play video games.

      making a law which makes it illegal to sell games (of any type, violent or not) to minors is not a violation of anyone's first amendment rights.

      Possibly, however, the 1st amendment right of game developers to communicate with minors, and the 1st amendment right of minors to listen, are both implicated. Perhaps these rights are not infringed upon by the law, but it's not a given.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    4. Re:stupid remarks don't help your cause by pudge · · Score: 1

      making a law which makes it illegal to sell games (of any type, violent or not) to minors is not a violation of anyone's first amendment rights. Perhaps you should read that amemdment again. No one's free speech is being squelched.

      The real point here is not that this content can be kept from children by government edict. Indeed, the laws in question don't do that. Instead, they do what has always been a protected right by the government: they protect the right of parents to make that decision. The government cannot say "children can't have GTA," and it does not say that. The laws say, in effect, "it is the right of parents, and parents alone, to determine whether the child should have GTA."

      There's no question but that states have the right to make such laws. The question is only in how they are tailored, making sure they do not, in fact, infringe on anyone else's rights more than is minimally necessary to effect this state interest in protecting the rights of parents from groups like IEMA that want to allow retailers to make those decisions instead of the parents.

    5. Re:stupid remarks don't help your cause by pudge · · Score: 1

      The part you're neglecting is that it is the natural (or God-given, for you theists) right of parents to decide if their children should be able to have these games. And the law is merely recognizing that fact, and if it did not do so, it would be rescinding the rights of parents, which it -- as you say -- has no authority to do.

    6. Re:stupid remarks don't help your cause by OmgTEHMATRICKS · · Score: 1

      It doesn't limit their speech, but it -does- limit their freedom to exercise their right to perceive information of their choosing.

    7. Re:stupid remarks don't help your cause by voice_of_all_reason · · Score: 1

      Sure, parents have a right to limit what their kids buy. The law can't (well, shouldn't -- because apparently it is) mandate it for all parents, though.

    8. Re:stupid remarks don't help your cause by pudge · · Score: 1

      Can't mandate what? No one is mandating anything for parents. You're confused.

    9. Re:stupid remarks don't help your cause by vertinox · · Score: 1

      The laws say, in effect, "it is the right of parents, and parents alone, to determine whether the child should have GTA."

      Then why make a law? Why are they wasting legistlature time with this? If a parent can't keep their kid from having a PS2, Xbox, or computer and then even fail to prevent the child from obtaining a $50 or more purchase then why the hell are they giving them money!!!

      Do kids go out and buy their own consoles with lunch money? I don't think so...

      If the kid is earning enough money on his own with a job then perhaps you should be parenting them, because obviously if he has money it isn't that hard to pay an 18 old friend in highschool to go out and buy these games for him...

      You can't really hide a console and games like you can hide a dirty magazine. If you don't want your kid playing these games then don't give them a friggin TV. If they bitch and moan and you give in you are probaly going to buy them GTA for them anyways because you fail at parenting.

      These parents should be damn thankful their kids aren't spending money on booze and cigarettes because they obviously don't know what the hell their own kids are doing.

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    10. Re:stupid remarks don't help your cause by vertinox · · Score: 1

      Oh sorry this comment wasn't directed at you... Just the situation and bad parenting around the USA.

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    11. Re:stupid remarks don't help your cause by pudge · · Score: 1

      Then why make a law? Why are they wasting legistlature time with this?

      Because retailers recklessly violate the wishes of the parents, often.

      If a parent can't keep their kid from having a PS2, Xbox, or computer and then even fail to prevent the child from obtaining a $50 or more purchase then why the hell are they giving them money!!!

      Sorry, but that's just ridiculous. Just because I give my child money and send them off into the world, hopefully to do the right thing, doesn't mean that anyone should be able to sell to them porn, or a gun, or alcohol.

      If the kid is earning enough money on his own with a job then perhaps you should be parenting them, because obviously if he has money it isn't that hard to pay an 18 old friend in highschool to go out and buy these games for him...

      More nonsense. Just because laws can be circumvented does not mean we don't have them. Again, by the same logic, laws against selling *anything* to a minor -- porn, guns, alcohol -- are useless. But they're clearly not.

      You can't really hide a console and games like you can hide a dirty magazine. If you don't want your kid playing these games then don't give them a friggin TV.

      Um ... who the hell do you think you are? If I want my child to have a TV to watch PBS and play educational games I've approved, who the hell are you to tell me, the parent, that I shouldn't?

      You're making no logical sense.

      You're just proving that this really is about the industry usurping and ignoring parental rights.

      Also, that you yourself are not a parent.

    12. Re:stupid remarks don't help your cause by BKX · · Score: 1

      *Gags* from your pseudo-logic. Try fully thinking things through before you post. First, minors are guaranteed rights under the Constitution. Ask any attorney. But more importantly, these laws do violate the game producers' first ammendment rights by having a chilling effect on the availability. You see, by making it illegal to sell games in the manner that these laws propose, they make it very difficult to sell any games to minors. (Take a good read at Michigan's law. It bans more than just M and AO games by virtue of its ridiculously vague language.) With this much difficulty in selling these games, many stores will simply drop games rather than deal with fines and regulations. Many more (read: most) will just drop M games, making them not profitable in the least. That's why nobody makes AO games; major stores won't carry them. This is a called a chilling effect. That's a legal term, and that's why these bans are unconstitutional. They have a chilling effect on peoples' rights to produce material intended for adults.

    13. Re:stupid remarks don't help your cause by patio11 · · Score: 1
      Minors are citizens of the United States, actually, and do enjoy constitutional rights (you can no more execute a 60 day old without a trial than you can a 60 year old). Minors also enjoy First Amendment protection, subject to some narrow restrictions in a few settings like education (see, e.g., Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 89 S.Ct. 733, 21 L.Ed.2d. 731 (1969)). You might find the following instructive:
      Interactive Digital Software Association, et al. v. St. Louis County, Missouri, et al., 329 F.3d 954(8th Cir. 2003)

      St. Louis County passed an ordinance banned selling or renting violent video games to minors, or permitting them to play such games, without parental consent, and video game dealers sued to overturn the law. The Court of Appeals found the ordinance unconstitutional, holding that depictions of violence alone cannot fall within the legal definition of obscenity for either minors or adults, and that a government cannot silence protected speech for children by wrapping itself in the cloak of parental authority. The Court ordered the lower court to enter an injunction barring enforcement of the law, citing the Supreme Court's recognition in Erznoznik v. Jacksonville, 422 U.S. 205, 213-14, 45 L. Ed. 2d 125, 95 S. Ct. 2268 (1975) that "speech that is neither obscene as to youths nor subject to some other legitimate proscription cannot be suppressed solely to protect the young from ideas or images that a legislative body thinks unsuitable for them. In most circumstances, the values protected by the First Amendment are no less applicable when the government seeks to control the flow of information to minors."

    14. Re:stupid remarks don't help your cause by vertinox · · Score: 1

      If I want my child to have a TV to watch PBS and play educational games I've approved, who the hell are you to tell me, the parent, that I shouldn't?

      I just told you that you have the choice and that it is your responsibility regulate what the child watches. What is the problem?

      If he/she is so out of control in that he/she is playing or watching things you don't approve of then why aren't you taking the TV away from them?

      I'm not asking people to beat their own kid or anything. Just take a bit more personal responsibility because government legislation won't solve bad parenting.

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    15. Re:stupid remarks don't help your cause by pudge · · Score: 1

      I just told you that you have the choice and that it is your responsibility regulate what the child watches. What is the problem?

      No, you did not. Please don't lie to me, especially when the record is absolutely clear. It's just insulting.

      What you said is that if I don't want them doing one thing, I should not let them do another: that if I don't want them playing games, to not let them have a TV.

      If he/she is so out of control in that he/she is playing or watching things you don't approve of then why aren't you taking the TV away from them?

      Why is it any business of yours? Again, you're not the parent here. It's none of your damned business.

      You're a total idiot. On the one hand you tell me I should make all the choices and decisions and everyone else should stay out of it, and on the other, you are telling me what I should not do and second-guessing me. It's incredible that you can't see how completely hypocritical and two-faced you are.

      I'm not asking people to beat their own kid or anything. Just take a bit more personal responsibility because government legislation won't solve bad parenting.

      This has nothing to do with bad parenting. Only idiots think so (hence, you). This has only to do with one thing: someone else usurping my authority to parent as I see fit. That's all. That's it, entirely. Bringing anything else into this shows a complete lack of understanding of everything that's going on here.

    16. Re:stupid remarks don't help your cause by geminidomino · · Score: 1

      Looking at the sibling post, I notice that insulting those who call him on his incompetence seems to be a pattern with this guy.

  8. and the grammar nazis go... by Anonymous Coward · · Score: 0

    "attorneys general," please.

  9. I believe that Jack believes what he is saying,,, by hackwrench · · Score: 1

    but it doesn't occur to him that he might have to take the log out of his own eye before he can demonstrate to others where the spinters are.

    He just doesn't seem to understand that his conduct is atrocious no matter how many judges tell him so.

    His mental illness isn't bad enough for him to be considered "insane" (or at least it wasn't when they had him tested), but he needs to be diagnosed and treated. His behavior goes well beyond that of mere egotism.

  10. The ACLU disagrees by Anonymous Coward · · Score: 0

    The ACLU feels that these 13 year olds are certainly mature enough to make decisions about abortion themselves without counselling from any family member.
    The ACLU also feels that 13 year olds are prefectly mature enough to make their own decisions about sex, or be educated about sexual activity by a maturer same-sex "mentor".

    Of course, the ACLU also beleives that 13 year olds are not mature enough to make up their mind about murder or other violent crimes and should then be treated as unresponsible for their actions.

  11. nothing to see here... by Lord+Dreamshaper · · Score: 1

    "We decided then that we'd tie up with children's charities and donate the games to hospitals, shelters, homes and schools..."

    Great, until they donate their excess copies of "Hot Coffee" capable GTA...

    --
    When all of your wishes have been granted, many of your dreams will be destroyed - Marilyn Manson
  12. What other games where affected? by grumbel · · Score: 1

    ### Was Hot Coffee actually in the game with a cheat code?

    It was on the game discs, but only reachable via save-game hacking and neither via gameplay or via a simple cheat-code.

    Does anybody know other games where affected by the aftermath of the 'Hot Coffee' dicussion. I know that the US Version of Indigo Prophecy had three scenes removed due to probally offending content, any other games that got cut for the US release? And what would have happened if they didn't cut those scenes (contain some nudity and sex), AO rating?

  13. PRODUCTS and FREE SPEECH by Miros · · Score: 1

    I think that if something's a product designed to make money it's much harder to make a case for it being free speech. You're not trying to express your opinion, or even necessarily yourself, you're trying to make money. Freedom of speech protects your right to say things, it does not entitle you to do things which can be seen as harmful to others. If I hand crafted a bear trap, then set it up on the capital steps, the some poor senator stepped in it, and I got arrested, i dont think a "freedom of speech" argument would get me off. While games are no bear traps, i think it is at least fair to say that the nature of their influence on kids is a question still open to debate. As long as that's true, i'd rather see an "err on the side of caution" policy for these kinds of things.

    Now, dont get me wrong i love games. I am myself and avid gamer and i work for a company that produces products for the game industry. That being said, it does bother me a little when i see a crowd of elementry school kids running people down and doing drivebys in GTA.

  14. PC game Shelf Space by dykmoby · · Score: 1

    Hot Coffee aside, the guy states that his group (and I'm talking EB games) has expanded shelf space for PC games in recent years. You gotta be kidding me! I've seen the space for PC games have a 3 month half-life.

    And with XBOX 360 here, PS3 and new Nintendo coming up quick, all the PC titles they display will be in a shoe-box under the game guides...

    --
    Fear, Uncertainty and Doubt = [citation required]