Jack Thompson's Game Bill Moves Forward
Gamespot reports that the Jack Thompson-penned anti-games bill currently being considered by the Louisiana Senate Judiciary Committee has been approved, and will now go to the full Senate for debate. From the article: "According to the text of the bill, it would be illegal to sell, rent, or lease a game to a minor if it met the following three conditions: (1) The average person, applying contemporary community standards, would find that the video or computer game, taken as a whole, appeals to the minor's morbid interest in violence. (2) The game depicts violence in a manner patently offensive to prevailing standards in the adult community with respect to what is suitable for minors. (3) The game, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors."
And now the eternal question: what the fuck would be wrong with simply enforcing the existing, objective, ubiquitous rating system? You know, like we do here in Britain? It sounds to me like he's deliberately avoiding this because he wants to create a situation in which he can sit back and pick targets at his leisure.
I kind of doubt this bill has such a provision, though, and as such it should be used to choke jack thompson to death.
"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
there is no standard, no definition, of what is offensive or objectionable. it leaves open wide interpretation and would open businesses to frivolous lawsuits based on someone's ill-informed position on a game. "oh well, I find that Mario portrays violent acts of an offensive nature"
Did you know that you can be apathetic to apathy? Not that I give a shit...
"if it met the following three conditions: (1) The average person, applying contemporary community standards, would find that the video or computer game, taken as a whole, appeals to the minor's morbid interest in violence. (2) The game depicts violence in a manner patently offensive to prevailing standards in the adult community with respect to what is suitable for minors. (3) The game, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors."
So what you are saying is that it will become illegal after it has happened and people reflect on this in court... how can a shop assistant tell if this will be "offencive to the majority"; he might not even have played it... This is the worst kind of law; stupid and applicable all over the place. Does America not have game ratings? here in the UK we have like "18" certificates on some games; if you're not 18 you can't buy it. Then it's a matter of fact.
*''I can't believe it's not a hyperlink.''
So wait, so under these rules, it sounds like Tetris, Chess and Checkers are all illegal to sell directly to minors? Unless you count the gameplay logic involved in Checkers to be "scientific", which is a bit of a stretch of the bill's apparent wording.
Is stuff like this being taken into account I wonder?
--clint
According to MY bill, it would be illegal to pass stupid laws if it met the following three conditions(1) The average person, applying contemporary intelligence standards, would find that the legislation, taken as a whole, appeals to the government's morbid interest in sociatial manipulation. (2) The law depicts intervention in a manner patently offensive to prevailing standards in the liberty-mined community with respect to what is suitable for citizens. (3) The law, taken as a whole, lacks serious literary, artistic, political, or scientific value for ANYONE except those in power.
I'm sure "SlashdotMedia" will improve on all the wonders that Dice Holdings blessed us all with
You could... oh, I don't know, maybe try being a parent, instead?
Don't just stand there, get that other dog!
The game, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.
Now if they could outlaw movies and TV shows for similar reasons we'd get rid of about 90% of the garbage coming out of hollywood these days.
Regarding the law itself, aren't laws required to be unambigious and clear as to what's legal and what isn't? How is a video game store supposed to determine what's acceptable by the adults in the local society?
Its beyond me why people are willing to more intensely legislate against games than any other entertainment medium. Jack Thompson is shitting his pants to the idea of children being brainwashed, but is seemingly missing how that most bad behavior has to be more influenced by the parents themselves, the people they live with, rather than a daily hourly (depending on who you are) diversion.
Jack Thompson's efforts sure did pay off. Now let's hope he doesn't shit his pants when a child turns away from his E-rating saturated game library and turns on Scar Face.
The nanny state only serves to further weaken the family unit by taking responsiblity from the parents. It doesnt matter how terrible the games are, it is the parent's sole responsiblity to raise the children, instilling in them the values that the parents see fit, and pay attention to what their children are doing. Each additional law and agency formed to raise people's children for them moves us closer to a McParent World, where corporations and government are the ones dictating the values and morals of the new generation. Grow a pair, step up to the plate and be a parent. If you're going to reproduce, be prepared for the consequences and STFU.
Did you know that you can be apathetic to apathy? Not that I give a shit...
This is the controversial, censoring, extreme-right-wing menace that had been haunting us?
Sometimes I wonder who has more irrational fear - Jack Thompson or the gamers themselves.
Personally, I think parents need to stand up and do some actual parenting, but aside from that, this sentence stuck out:
;P
"He also engaged in implied sex with a prostitute in a rocking vehicle before chasing her across a parking lot and beating her to recoup his cash." (Emphasis added)
Since when was implied sex ever an issue? We've had that in movies for what, 70 years now at least? I could see graphic sex, or even just sex being an issue... granted I haven't played the game but that's what the article says...
I think once Jack gets done with this he should go after Britney Spears because of implied sex in her songs.
Clearly, Louisiana has no bigger problem than this.
Anyone else realize he's just madlibbing violence (and violence-related adjectives) to existing legislation defining pornography and restricting its sale to minors?
I think the goal here for this guy is to get violent Video games cordoned off to an "Adults only" section of gaming stores. It makes a certain amount of sense - I mean, how many people here have pointed out the hypocrisy of allowing graphic decapitation in Games, but absolutely no nudity?
Most people probably wanted to mean that to get rid of censoring nudity, but good Ole' Jack has taken that thinking to his own logical conclusion.
We could just start enforcing the ESRB ratings. If the rating is high enough, require the cashier to verify a state issued ID. Possibly even input the ID number into register, and print it on the reciept, and not proceed with the transaction until one has been entered. Hell, if you wanted to get really crazy, hook it up to the BMV database, and verify that it's a valid ID, and that the age on it is high enough to purchase the game. Do we really need a such a generalized, at-the-mercy-of-the-general(stupid)-public, do-your-parenting-for-you, target-any-specific-game, idiotic law?
Everything I say is a lie. Except that... and that... and that, and that, and that, and that... and that.
How about we just throw out all the crap and use the current laws instead?
Add in HUGE fines for not sticking to the age ratings and ta dar! All problems solved.
Kids don't get content they shouldn't have, parents become responsible. Everyones happy except people with an axe to grind (Jack), but who gives a fuck about dip shits like that any way?
I like muppets.
So if this passes, a kid can't play a game simulating a cock fight, but he can go to one?
"(1) The average person, applying contemporary community standards, would find that the video or computer game, taken as a whole, appeals to the minor's morbid interest in violence."
- funny, as Jack keeps on going that the ESRB is broken and not working while it's rating system is based solely on the opinions of the general population, or in other words: community standards. It seems he only wants to enforce a system that is his own.
More seriously though,
"(3) The game, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors."
- The problem is: define "lack of literary, artistic, political or scientific value". It seems he only wants educational games for minors because going with that reasoning, we should ban the sale of Tetris to minors since it doesn't have any literary, political or scientific value. The artistic values of "tetris" can also be debated...
As always, Jack is painting with a brush as wide as his ego.
Comment removed based on user account deletion
America, where a titty is taboo but violence is A okay!
MMO Quests are like orgasms:
You may solo them, I prefer them in a group.
Oh. Never mind.
No folly is more costly than the folly of intolerant idealism. - Winston Churchill
In Thompson's youth, kids didn't play violent games. They just ran around with toy pistols playing cowboys and indians where they pretended to shoot and kill each other. Well, mostly the pretended to exterminate the Indians because everybody rooted for the cowboys to win.
Of course, they were fully clothed and didn't desecrate any all-american baseball bats along the way, so it was all good clean fun.
Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
The author of this bill thinks that minors have an intrinsic morbid interest in violence. But non-morbid violence would be okay. Wow.
I thought the word "patently" was only used by Slashdot trolls who didn't feel like backing up their point. I'm amazed to see it in a law. Eg: "That is patently absurd!" Meaning "that is so absurd I don't even care to justify why it is absurd"
I didn't know that minors had different standards for literary, artistic, political, and scientific value. I guess that means that only a minor could judge it!
...but these "conditions" are the most vague, debatable, and questionable set of standards I've ever seen codified in law.
(1) The average person, applying contemporary community standards, would find that the video or computer game, taken as a whole, appeals to the minor's morbid interest in violence.
"Average" compared to what? Don't forget that 50% of the population is below average.
"contemporary community standards" in whose community? Do we apply the same community standards of a small town, bible belt parish to a neighboorhood in San Francisco?
"Minor" by age standard, where you can vote or serve in the military but can't buy a beer?
"violence" by whose standard? Is jumping on mushrooms with faces considered a violent act? How about sending 300lb collinding into each other at full speed in an attempt to steal a oblong pigskin?
(2) The game depicts violence in a manner patently offensive to prevailing standards in the adult community with respect to what is suitable for minors
See: Above
(3) The game, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors."
"Literary, artistic" the cutscenes in GTA are no less well written and directed than scenes from Goodfellas or Boys N Da Hood or Taxi Driver. And yet those films are considered by many to be amongst the pinnacle of modern american cinema. I saw Taxi Driver in a psychology class in High School.
Whose artistic vision are we judging these standards to? One of DaVinci's most famous drawings is of a nude man. It's prominently displayed on the best selling book of the past few years. If a game features the Venus Di Milo, is that inappropriate for children?
"Political" for whose politics? Are we worried about offending children now with images of war, that would make CNN, Fox News, and MSNBC for mature adults only? What about the nightly news? What about images of the 9/11 planes? What about games that question authority? Should the Federalist Papers be considered too mature for school grade reading, for advocating social unrest and revolt against government?
"Scientific" is also questioned when talking about a government that tried to apply that title to Intelligent Design. If the Big Bang is a promient plot element, does that insult to fundamentalism constitute a mature rating?
The third critieria is _easy_ to challenge. Games offer excellent artistic merit, just ask the script writers and artists.
The first two provisions are fine. The third is a carte blanche to criminalize the sale of any game they want to kids.
"I have never won a debate with an ignorant person." -Ali ibn Abi Talib
this will be defeated quickly in the courts. The problem they have consistently had from state-to-state is that the terms used are vague and do not make it clear what is and is not acceptable. It relies heavily on individual perception of certain games and quite possibly misuses the term "game as a whole", since they are probably saying, if one piece is bad the whole thing is bad and not that if the whole game is okay minus one little piece it is okay.
I love the addition of the artistic value portion though. Isn't this the phrase SCOTUS created or at least used to determine what falls under free speech? Not that it matters, since Bill of Rights says nothing about artistic value being a necessity for free speech. This in itself is also vague as what is deemed to have artistic value changes over time. I guarantee you many of our grandparents and some of our parents probably would not have called rock and roll artistic 50 years or more ago. Why won't anyone create one based on the ESRB and keep it simple? Oh, that is right, they think the ESRB cannot police itself. Newsflash, most the people buying these games for the kids are the parents...
"Some days you just can't get rid of a bomb."
How is this an issue?
Its an issue because 1) The definitions are intentionally vague 2) It is defining what is morally acceptable and enforcing it by law and 3) It is a good beginning.
The first 2 points should be fairly clear, let me explain the third.
If someone were to introduce a law to ban all violent video games, it would get shot down. If someone were to introduce a bill that once passed into law would allow others through lawsuits to build the definitions of what is morally 'correct', then it would not take much to slowly adjust the bill until it had strangled adult games into a 'near criminal obsession by a few lonely gun carrying nut jobs'.
I hate the term, but its near classic 'slippery slope'.
Besides, do you really want to be told how to raise your child by someone else?
Excellent Phoenix AZ Office Space - Thistle Landing
As a parent, I ask how many of you parents want your 9 year old purchasing GTA?
Okay, you're a parent with a 9 year old (or at least was/will be 9 years old)...
1) How did your 9 year old get the money to buy GTA?
2) How did your 9 year old get to the mall to buy GTA?
3) How did your 9 year old get it home without you knowing?
4) How did your 9 year old play it at home without you being aware?
I see a lot of potential for parenting in there that the state is supposedly going to do for you now. So the question is: why does this need to be a crime? What if you gave your child permission to buy a game that met the three vague criteria but you didn't consider harmful?
We can talk about GTA which I'd think most people would agree is not suitable for young children, but you know there are going to be ridiculous cases where this applies -- assuming anyone knows in advance what games are affected, meaning it could be the game stores themselves which apply the rules to ridiculous cases just to cover their own asses. This is the problem with legistlating moral standards, and it isn't going to work this time.
We've gotten along fine without making it a crime to let someone under 18 into an R-rated movie. I'd be willing to bet most adults snuck into an R-rated movie at some point in their youths, and while they would rather their own kids not do the same, they probably wouldn't think criminal prosecution of the theatre is necessary if they did. Yet video games, which so many of that generation simply don't understand and thus are deathly afraid of, suddenly require a whole new set of laws to protect the children (so the parents don't have to).
The enemies of Democracy are
cockfights are illegal.
You better watch out, there may be dogs about . .
As a parent I ask you, how would your 9 year old get the money to buy GTA? As a parent I ask you, how would your 9 year old get away with playing GTA without your knowledge? Whats wrong with this bill is it holds retail stores liable for your responsibilities as a parent. This bill is designed to scare stores into not carrying M rated games. effectivly telling me, an adult, I cannot buy this game...now we have an issue.
The 3rd would be met on most games, who can judge the artistic nature of a video game? What defines art? Does art inspire? If a requirement for art the it inspire thought or inspires one to be creative, than video games would certainly fall into that category. How many people are working in gaming to due to that one defining moment in some game they were playing that inspired them to learn and become a developer?
The problem in games today, to use cliche is not life imitating art but art imitating life.
I am Bennett Haselton! I am Bennett Haselton!
"Be it resolved that the legislature of the state of INSERT_STATE shall impose a fine on any vendor equal to twice the sale price of any game rated to be mature or adults only by a recognized authority within the video gaming industry for the offense of selling a game of this rating to a minor not accompanied by his or her legal guardian. In the event that the rating system should change, the rating authority shall be obliged to inform the attorney general whereby the attorney general shall take all necessary means to amend public policy to reflect the rating change. Legal guardians shall waive all right of litigation regarding the content of a game that is purchased in their presence except where the rating may have been issued due to fraudulent information delivered to the rating authority. Community decency standards shall not apply to the sale or rental of any video game, however such standards may be applied to any game rated mature (or equivalent) or higher when a public demonstration is performed."
Run for the hills! We might have to take responsibility!
I dunno, my dad got me copies of wolfenstien and doom back when those were new... and I hadn't even asked for them! (Mainly because I didn't even know they existed... hey... I was young! :P)
Interestingly enough, I was being provided these games yet wasn't allowed to watch R rated movies at a friends place. (At home with parents involved though I was.)
Now, I think I've turned out all right. I mean I only indulge in the occasional slaughter of innocent civilians, it's not like it's something I do every night!
Seriously, different parents have different standards, and trying to apply your standards to everyone just doens't work.
> (3) The game, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors
We can make GTA an educational game... like "Grand Theft Auto: Reader Rabbit".
Literary Value
Da Brute: "Lo, like two fucking ships passing in the night. Who the hell are you?"
Stranger: "Call me Ishmael."
Da Brute: "You sent me to hell and back, mofo. What a tangled fucking web you weave."
Stranger: "Sammy paid me to screw you over, man! It was the best of times, and it was the worst of times!"
Da Brute: "Fine, then I shall strike you down with great vengeance!"
Stranger: "Et tu, Brute?"
*blam* *blam*
Artistic Value
Unscrupulous Collector: "Dude, here's the dig. You hijack the shipment and kill every motherfucker who gets in your way. Take all the Renoirs and the Monets, but burn all the Warhols - we don't need dat shit pollutin' our 'hood."
Mission: Steal all Renoir and Monet paintings from the convoy. Destroy any Andy Warhol artwork with your weapons. Use your real-life art sense to determine which painting is which.
Scientific Value
Big Don: "Alright, gangsta, heads up. We got a perfectly spherical mortar shell 12 centimeters in diameter that weigh 2500 grams, but our freaking mortar only delivers exactly 8000 square foot pounds of force-... No, I don't have a fucking conversion table between metric and english, you look that up yourself! Anyway, the rat we gotta nail is parked in between those two buildings 30 furlongs away, where the air pressure is 13.2 PSI instead of usual atmospheric constant 14.7, you got that? Anyway, he'll be there for only ten minutes, which gives you enough time to come up with a Second Order Linear Partial Differential Equation accounting for air resistance. Hey, mofo, if you miss this shot, we gonna shoot yo homies, cut up yo family, and rape yo gerbil."
Mission: Hit the car with the perfectly spherical mortar shell. You have one shot.
Solomon
"Twice half-assed makes an ass whole." --Solomon K. Chang
My dad got his first rifle at age 10. Had his first smoke then, too. This was typical for kids in his neighborhood, which was a suburb, not the ghetto. That's what kids were up to before tv and video games, so obviously stopping games so we can get back to owning real rifles and smoking is a priority!
stuff |
While that would be a big win for him, look at the bigger picture: he keeps introducing legislation which says basically that OMFG TEH GAMEZ ARE TURNING UR KIDS INTO KILLAHS!!!1!!ONE!ELEVENTY. It gets reported on. And those who don't know better buy the subtext and become that much more worried.
It's said that if something gets repeated enough times, people will believe it. (As long as that phrase has been bouncing around, it must be true.) If he tells people enough people that video games are dangerous, then it doesn't matter if they strike down his dumbass laws now so long as they come to believe it eventually and outlaw them then.
It's meme warfare, pure and simple. And amazingly, it's so pure and simple that he probably doesn't even recognize it.
You cannot truly appreciate Dilbert until you read it in the original Klingon.
Eh, this bill seems so vague that the only good it will do is give lawyers jobs for years debating what constitutes "morbid interest in violence" or what is "literary, political, artistic or scientific value" which is probably the point altogether.
Anyway, if this bill passes, will it force developers to get creative with games? Eh, probably not, they'll just hire more lawyers to oppose it while making the same stuff. It's kind of a shame. I think some of the best art is created when artists are pressured with social or political censorship, and games might need that in order to get out of their sequel slump.
Don't trust a bull's horn, a doberman's tooth, a runaway horse or me.
repeatedly hit the asshole in the head with a huge purple dildo.
This is ridiculous, why use language like "average person" "contemporary community standards" "morbid interest in violence" to define what is against the law? Oh wait, I know, so that they can ban as many games (and fine as many people) as possible, without setting any standards beforehand. A "good" law would just enforce the official ratings. And by "good" I mean "also unacceptable".
The 3rd clause could basically be used to ban all sales of video games to minors, allowing only purchasing of educational software. After all "New Super Mario Bros" "...lacks serious literary, artistic, political, or scientific value for minors...", but its still a fun and harmlessly innocent game that is perfect for all ages, which in no way should be banned.
A question is, can one make a law based on the nebulous idea of what people find moral, rather than defining a moral code in the bill. Personally I think not, and as such the law will either not pass or be swiftly struck down.
Money to buy it? If you have a 9yr older playing GTA bet he got it from a friend/peernetwork, not from your pocket.
They target Halo and Microsoft send in the lawyer for some team slayer.
|plastic....or gasoline?|
America's Army is a propaganda tool\\\\\\\\\\\\\\\\\ "... an accurate portrayal of Soldier experiences .." video game put out by the US Army. Does it count as encouraging violence, or does it count as permitted "political education"?
Bill Stewart
New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
i'm considering law school myself for similar reasons.
this kind of legislation is actually very similar to another interesting bit of the history of law in this country: the miller test. This is essentially the "calculus" used to determine whether or not something is obscene, as created by the SCOTUS. It is absolutely subjective.
There's lots of room for this to go wrong, as usual.
Alternatively, give an inch, take a mile.
Do you see what I did there?
In the 1950s - 1970s was there any attempt to pass laws to make rock music illegal? I'm looking for a parallel with the video game laws.
Every now and then someone posts about how, in each generation, there is some subversive counterculture thing that is supposedly going to brainwash the children. Elvis, Rock and Roll, Dunegons and Dragons, whatever. Today it is video games. But I can't recollect anyone talking about laws to make D&D illegal. It seems like something different is happening this time around. Unless someone has a counter-example for me.
It is really doublePlusGood, with this superGood(tm) law, parents will not have to look at what their childrens are doing with their PC/games console etc...
Since the only way they could have a EvilTeroristDrugSexAndALlOtherBadThing Games running on their Electronic toy would be for somebody to loan one to them.
And this cannot of course happen right.
And if parents would actually look at what their teenage childrens are doing they would have less time for TV and other important pursuits.
With this law they can safelly give their kids a couple of 100$ bills and completelly forget about them.
DoublePlusCool.
Technically, putting all parents in jail and raising the children in state run orphanages would help prevent your child from playing something falling into 1 or 2.
I mean, as long as you're willing to go along with anything that will help prevent it.
"Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
It is illegal to sell alcohol to a minor (21) in any state, but, in Louisiana, I've sat in bars and had a pint or 4 since age 16. Make it illegal - people will still buy it
My posts are definitive. Reality is frequently inaccurate.
..now they'll have to go back to getting them the old way - illegally downloading them using Bittorrent (just not from Pirate Bay!)
last time I downloaded a game rated "M" I don't recall having to show any ID..
"But this one goes to 11!"
Lets take a game that everyone has played. Solitare is not violent, but it doesn't meet the third criteria! There is no literary, artistic, political, or scientific value for anyone in this game. It can be argued either way, but the point is that this is such a ridiculous condition that even a game like solitare is questionable!
I suppose this means that until you are 18, you can't play anything but mathblaster and jumpstart. Oregon Trail - the classic game of my youth... brings out my morbid side because I like to cross the river and see if the oxen die... Guess that game is off the list for minors.
Actually I can think of one game that might make the list... America's Army- It has very limited violence, is supported by the government (so it's no GTA, clearly), and it has gasp! political value!
This oughta work r-e-a-l well. The outlawing of any type of behavior does seem to have much effect in this great land of ours, or anywhere else, I guess. Except to make it very profitable for everyone on both "sides" of the law to make, break, or uphold those laws. Cragen.
does Grandma take the kids to R rated movies? no. why? because she knows that if she wants access to the kids that taking them to R rated movies is a no-no.
:P
Is it that hard to see the big letter "M" on the side of the box and know that you shouldn't let the kids play it? its even usually larger than the big "R" on the video boxes.
If I'm letting my parents or in-laws watch my children for any length of time I provide the games. and if my parents (or in-laws) want to buy a game for my kids they clear it with me first.
so
Ira
No wonder Jesus sent the storms.
(I figured I should follow-up my initial ignorant post with another one)
You better watch out, there may be dogs about . .
Who gets to decide whose views represent those of the "average person"?
Who gets to decide what the "contemporary community standards" or the "prevailing standards in the adult community" are?
There are no tiger attacks in my area and it's all because this rock I'm holding keeps the tigers away.
In general, I'm actually in support of limiting the sale of a variety of products (including excessively violent or sexually explicit) products to minors.
However, this law, as apparently written, is absurd. You cannot make it illegal to do something as a judgement call of what the community would think. This is far too open to interpretation, and is more than likely to land some kid behind the counter in a game store in jail when it's discovered he sold Mario Kart to the next columbine kids.
It needs to set a threshold, such as games marked as mature by the ESRB. There needs to be a great big binary value: YES or NO, can you sell this game to kids or not, not "Do you think other people might not like it if you sold this to kids."
Slay a dragon... over lunch!
So the LA gov't is spending time/$$$ on this instead of helping Katrina victims?
Much like in the game, I was fired after the third day. If only Jack Thompson had been around to save me, I wouldn't have royally been misinformed about my duties as a paperboy.
Founder, Americans Allied Against Alliteration
Why don't we just pass legislation that prohibits 'minors' from earning, having or using currency of any kind? This would make it difficult for kids to buy cigarettes, beer, 'violent' computer/console games, guns, rubbers, cough syrup and everything else that can 'do harm' to the little angels. It would also force parents to, well parent, by having to buy the above things for their darling princes and princess's. The solution is easier than the bumbling id10t's in the statehouses. Just ban the little snot noses from purchasing things. Of course this idea has it's down side....it will add more energy (money) to the black markets. As has been reported numerous times, it is easier for kids to get drugs than it is for them to get beer and/or cigarettes. So making it harder for kids to get Tomb Raider XXVII and sit in from of a TV or computer for hours on end it will actually make it easier for them to get say heroin, which as we know is a much better activity. Now...where'd I put my spike?
"...a civilian some of the time, a soldier part of the time and a patriot all of the time." -Brig. Gen. James Drain
In summary: This bill is nothing to worry about (for people who play by the rules :-))
... IF the trier of fact determines ***ALL*** of the following: [(1) (2) (3)]. That's a logical AND.
91.14. Prohibited sales of video or computer games to minors
-- whereas we want to protect kids, etc.etc dross omitted --
9 A. An interactive video or computer game shall not be sold, leased, or rented
10 to a minor if the trier of fact determines all of the following:
11 (1) The average person, applying contemporary community standards, would
12 find that the video or computer game, taken as a whole, appeals to the minor's
13 morbid interest in violence.
14 (2) The game depicts violence in a manner patently offensive to prevailing
15 standards in the adult community with respect to what is suitable for minors.
16 (3) The game, taken as a whole, lacks serious literary, artistic, political, or
17 scientific value for minors.
-- the rest of it is just definitions, like what a computer game is etc. etc. --
Let's parse this thing, shall we?
First of all it says that all three conditions must be met at once:
It says in A:
Conditions (1)(2) I wont discuss here because they will usually oscillate between true and false depending on ambient conditions such as experience-points of the lawyers involved, bribes and special phone calls.
Condition (3) is the really interesting condition. Since ALL conditions are true so that a game can be banned any game that does not satisfy this banning conditions can be given to kids even in Lousiana.
Condition (3) reads "The game, taken as a whole, lacks serious literary, artistic, political, or
17 scientific value for minors."
Basically all the game has to have is serious political value and then it can be sold, lent or otherwise given to
a minor. I would posit that the US after all the torture, murder and mayhem it enacts on its own citizens and the
rest of humanity bringing up a fresh generation of young Abu Ghraib guards with educational software such as
Half-life etc. is of sound political value, wouldn't you agree?
After all, it's the Department of Defense itself that makes and distributes such educational software such as America's Army (Get it FREE at http://www.americasarmy.com/) etc.
I think the only games that would really be banned with such a bill would be the games I would like to play like: Point blank: Taxevasion 2006. Ambush Journalist. Question Authority (Lightgun Version). Copkiller I - VII. CFR/Trilateral Commission/IMF Monopoly etc. etc.
The ability to define the content of the game is somewhat subjective as well here. Sometimes the violence is part of the game (for example, GTA), whereas in others it's part of the atmosphere.
Even games such as diablo had some pretty nasty things such as staked corpses and the like. However, that was atmospheric, designed to induce a feeling of fright or foreboding. You could also happily club at demons or humanoids with various weapons, etc. The overall environment, though, is one of fantasy.
GTA on the other hand is based on the premise that you are an individual who lives by violence in a contemporary environment. Driving a car down the street in a fairly modern-day scenario, with scenarios that reward inflicting violence and terror against fellow humans.
Should the game have a strong rating, heck yes. But now we have games being rated heavily because a mod lets you texture some characters with non-anatomically-correct bits, or because the neckline or one character was too low.
Shoudl we have the ability to make a criminal offense of selling those games to the wrong person? Should you get jailtime or heavy fines and record for selling an 18A game to a rather stable 17-year-old?
Here's a better idea. Persue active crimes more. Punish the 15-year-olds that are going out killing people. Punish the parents who sat idly by and watched their kids obsess in violence, with games and many other factors being part of that mix. Stop making new crimes out of people who aren't part of the problem, and fix the existing system before you make a new problem with an additional one.
its not about wanting kids to have these things. its about who decides what is right and wrong in the world. and the ratings on video games are already in place and usually enforced by the respective rental agencies and stores. the ratings are voluntary and are used mostly effectivly without governmental intrusion. this is just another attempt by an attention whore to put the spotlight on himself AGAIN. the main problem with this is there is no bottom, nearly any game could be struck down because some nutjob housewife with nothing better to do wants to feel like she means something in the world and she has been "choosen by God" to defend the little whelps.
One of the greatest delusions in the world is the hope that the evils in this world are to be cured by legislation. - Thomas B. Reed (1886)
It is not the business of government to make men virtuous or religious, or to preserve the fool from the consequences of his own folly. Government should be repressive no further than is necessary to secure liberty by protecting the equal rights of each from aggression on the part of others, and the moment governmental prohibitions extend beyond this line they are in danger of defeating the very ends they are intended to serve. - Henry George
Each and every time someone says "there ought to be a law" they are saying that men with guns should enforce their will on innocent others. - Michael Barnett
Did you know that you can be apathetic to apathy? Not that I give a shit...
Ok... I think giving people fines for selling games to minors is a bit far fetched. When kids are playing these violent games for hours on end with no regulation their little brains begin to think of violencent situations and maybe they can pull off some stunt they saw on game. The kids that play hours on end with video games they basically try to be some character. Think about it! When I was kid I ran around thinking I was a ninja turtle or a GI joe. The only reason I did this was because I learned it from watching the cartoons and reading mass amounts of comic books. The kids today still watch cartoons, however, they also will play video games for hours on end if you let them. Kids love to learn and explore new stuff all the time. If you expose your child to images of nothing but violence he will more than likely will be violent.
No sarcasm intended, I really mean that.
;-)
You do know the whole purpose of law school is to kill that idealism of yours, right? I heard a lawyer friend of mine say that 85% of first year law school students say they want to get into some kind of advocacy law. That goes down to less than 15% of graduating law school students. I have no idea if this is true or not, but my gut tells me it is, and as Stephen Colbert says, that's the organ we should all be using to think with.
I'm sure you can do it, but you have to stick to your guns. Don't let them brainwash you!
- None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
I can't think of any games that would fall within the guidelines of the proposed bill off the top of my head, but a book very popular with Jack Thompson, along with countless other adults and minors, did come to mind. I would be here for a long time if I listed all the heart warming family tales about incest, rape, and murder, so I picked just a few that delbt with children in particular:
Numbers 31:17 Now therefore kill every male among the little ones.
Deuteronomy 2:34 utterly destroyed the men and the women and the little ones.
Deuteronomy 28:53 And thou shalt eat the fruit of thine own body, the flesh of thy sons and of thy daughters.
I Samuel 15:3 slay both man and woman, infant and suckling.
2 Kings 8:12 dash their children, and rip up their women with child.
2 Kings 15:16 all the women therein that were with child he ripped up.
Isaiah 13:16 Their children also shall be dashed to pieces before their eyes; their houses shall be spoiled and their wives ravished.
Isaiah 13:18 They shall have no pity on the fruit of the womb; their eyes shall not spare children.
Lamentations 2:20 Shall the women eat their fruit, and children.
Ezekiel 9:6 Slay utterly old and young, both maids and little children.
Hosea 9:14 give them a miscarrying womb and dry breasts.
Hosea 13:16 their infants shall be dashed in pieces, and their women with child shall be ripped up.
It's a good thing we have good ole JT here to show us the path to enlightenment through morality. I hear after the senate meeting we're all invited over for kool-aid but he says to bring your Nike's.
1) How did your 9 year old get the money to buy GTA? When I was 8 I had my own income, I raked leaves, mowed lawns, shoveled driveways. I used to make 40$ a week when I was 8. A rental store was about .8 miles away
2) How did your 9 year old get to the mall to buy GTA?
Its called a bike, walk, public transportation. I used those methods to get to shopping centers
3) How did your 9 year old get it home without you knowing?
Backpack, pocket, etc. Downlaod it illegally?
4) How did your 9 year old play it at home without you being aware?
Since I was 8 I had a computer, television, and a phone jack in my room. I bought the television, and helped with the computer, and phone. I remember playing the first GTA on my computer. (for 5 minutes)
Its like saying, sure, kids won't be able to get porn if we make it illegal, smokes, pot or alcohol.
Thats working well for us in America.
I mean c'mon, do you really think you know everything that goes on with your child?
And I find both to be unconstitutional pieces of shit. These aren't children playing GTA! These are 14-17 year old teenage males here! And by god, if they want to play it, the government has no right barring them from doing so. What's next, arrest teens for swearing? Speaking out on marajuana legalization?
Violent games do not harm your health or wellbeing, unlike alcohol and drugs. What the hell is the purpose of banning them?
"Joy is contagious," he said, peering into the microscope.
My historically accurate, photo-quality, anatomically correct Jack the Ripper game will still be available!
I think I'll follow up with "Mad Like Vlad", an FPI (first-person impaler) where you get to do what Vlad does best.
</Joke>
Sure I'm paranoid, but am I paranoid enough?
let's apply these rules to real life, i.e. youth sports and the like... (1) The average person, applying contemporary community standards, would find that the video or computer game, taken as a whole, appeals to the minor's morbid interest in violence.
little league, youth football, soccer.... take a look around those
(2) The game depicts violence in a manner patently offensive to prevailing standards in the adult community with respect to what is suitable for minors.
the news, the newspaper, many many books you'll find in n elementary school library... these include the chronicles of narnia, the hobbit, the bible. Hell, you don't see jack thompson protesting and calling the child protection police on the parents who decided it'd be a good idea to take their 6 yr old kid to see Passion of the Christ.
(3) The game, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors."
basic seseme street exercise here: one of these things does not belong here, one of these things just isn't the same.... one of these things is not like the other ones, which one is it? *hint*political*hint*
Is the next step, allowing a child to play one of these games will then be considered "contributing to the deliquency of a minor".
Also, IF these laws ARE upheld, what would be the legal status of giving away games to minors, or allowing them to come to a LAN party?
As I have kids who play these games (which i allow as a parent knowing full well to what they will be exposed) and host LAN parties every month or so with underage attendees, am I now criminally liable for what some people might consider not appropriate for minors?
Can this law be any more subjective?
Great, "contemporary community standards." Do I want my bible thumping neighbors and coworkers deciding what is and is not OK? Answer: No. I can see it now: "Oh no! You can tell that woman has boobies underneath that armor! Boobies are bad!!!1!"
(2) The game depicts violence in a manner patently offensive to prevailing standards in the adult community with respect to what is suitable for minors.
Again, who is to judge this? I would guess that those people making these decisions wouldn't have let me see movies like Robocop as a child. But, last time I checked, I thought I was a well adjusted member of adult society. Violent movies (since there wasn't a large amount of realistic violent video games as I was growing up) didn't warp my perceptions and make me want to shoot up my office.
(3) The game, taken as a whole, lacks serious literary, artistic, political, or scientific value for minor
I can see it now:
Why can parents not just step of and, god forbid, monitor what their children are doing? Why is it the governments decision to decide what is and is not OK for your children?
Yes, but do I, as an adult, still have the right to buy it for myself if stores don't carry it (can't risk being prosecuted if a register jockey decides he doesn't care or a 17-year-old comes in with a fake ID), leading to game publishers deciding that it's not worth the expense of creating games that stores won't carry? Oh, wait - it doesn't matter whether I have the right to buy it or not if it doesn't exist.
When's the last time you saw a sexually-themed game with good production values (no cheesy low-grade graphics or barely-interactive movies that claim to be "games") which doesn't just treat sex as a topic for crude attempts at juvenile humor (sorry, Leisure Suit Larry, you don't count either)? They're generally not made. The sort of bill described in the article, if passed into law and not struck down, would consign graphically violent games to the same obscurity as graphically sexual games.
" The game, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors."
:)
;)
Simply change the zombies,germans,and other assorted baddies into Jack Thompsons and friends and you have political value and the law no longer applies
Even easier, after a compnay spends $1,000,000 on graphic artists you don't suppose they may try to argue for artistic merit
Really it sounds like a mess to try and interpet the umm definition used. I vote with the Brit, there might be some value in simply enforcing ratings (if one forces the movie companies to go along also of course)
You got "+5: Rand"? Here, on Slashdot? You, sir, are truly worthy of my respect and admiration.
Dewey, what part of this looks like authorities should be involved?
Our elected officials will be spending the next few months before November appealing to the insipid and baser members of the community. Those of us with functioning gray matter will probably want to vote the bums out but in order to do that we need non-bums to vote for... America is the land of the politically expedient and frivilous
Thanks to eating disorders most chicks are reasonably good looking these days.
They can't stop kids from getting cigarettes, drugs, porn, and guns, and yet they persist with this nonsense.
An unenforcable law is worse than a joke. It creates a situation where the enforcement of any and all laws is brought into question.
After all, if police and adults can't stop children from circumventing minor laws, what's stops adults from committing more serious offenses?
Shaw's Principle: Build a system even a fool could use, and only a fool would want to use it.
ACtually that doesn't undermine the GP at all. In fact it demonstrates just how pointless this law is. If they make it "illegal" for the 9 year old to buy the game, then 9 year olds will just get it illegally or via some other method.
Hell, while shopping I recently had some kids ask me to buy some PG xbox title on their behalf because the staff was being anal retentive. (I mean really anal retentive; sadly I don't remember what game it was - but these kids were like 12 and the game was like Halo or something.)
So go ahead and pass the law, it won't stop kids from getting their game on. Just as it doesnn't stop them from getting drugs, cigarettes, movies, or porn.
For a game to run afoul of this statute all three provisions must be met, not just one.
Proud member of the American Non Sequitur Society. We might not make much sense, but boy do we love pizza!
(3) The game, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.
I guess this means no more Katamari???
I find the depiction of violence without gut-retching gore offensive and de-sensitizing. i.e. I hate professional wrestling. Somehow I do not believe this bill will target a WWE game. But if you explode a body and watch the guts splatter against the walls, somehow that's considered below community standards. Take out the gore
Actually, I think that every kill in a video games should be accompanied by a crying wife and a starving child. That would really bring the violence home.
-------- -------- Support Wesley Clark for president!!!
I strongly agree with Jack Thompson's desire to ban implied sex. In fact, I think showing a couple with their kids on TV and in games should be banned as well because of the implied sex between the couple.
Mmm... tastes like censorship!
I don't think this bill has any chance of passing. It's clearly censorship at it's blatantest and a lot of bill that pass the House get killed in the Senate; if it does pass my guess is a Supreme Court decision will eventually strike it down. Almost wish that does happen, just to shut Jacko up.
Tell me something...it's still "We, the people"... right?
(3) The game, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.
Mr. Thompson, would you like to explain how the "literary, artistic, political, or scientific value" of anything is different for minors than for other people?
[crickets]
"We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
We've gotten along fine without making it a crime to let someone under 18 into an R-rated movie. I'd be willing to bet most adults snuck into an R-rated movie at some point in their youths, and while they would rather their own kids not do the same, they probably wouldn't think criminal prosecution of the theatre is necessary if they did. Yet video games, which so many of that generation simply don't understand and thus are deathly afraid of, suddenly require a whole new set of laws to protect the children (so the parents don't have to). Actually, where I live--Richmond, Virginia--you have to have an adult over 18 if you are a minor and want to get into a R movie.
Actually, where I live--Richmond, Virginia--you have to have an adult over 18 if you are a minor and want to get into a R movie.
Every theatre I've been too in multiple states has had this rule. Yet in none of them was it a criminal act to allow an unsupervised minor in, it was voluntary action by the theatres. Is this truly a law in Virginia with criminal penalties?
The enemies of Democracy are
I think you'll notice that good law always includes such unambiguous phrases as "the average person", "prevailing standards", and "artistic value".
Is there some reason we can't just apply the same rating system we do for movies and check kids IDs if they want to buy a rated R video game?
No Sigs!
As a parent, I ask how many of you parents want your 9 year old purchasing GTA?
It is not the government's job to make sure your kids don't buy GTA. It's yours.
Only if you do it at the Watergate Hotel while playing poker or blackjack.
In fact, forget about the bills and blackjack.
If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
...and then magically, a 14 year old becomes an adult!
Reason is the Path to God - Anon
I'm finding that I disagree with how some people seem to define 'good parenting' in this discussion -- or at least the terms in which they discuss it, which is often (as in this case) partially determined by the specific subject of the article.
Good parenting has NOTHING to do with preventing 8-year-olds from playing GTA.
It has EVERYTHING to do with making sure that your kids ultimate response to playing GTA isn't going around and killing people.
The people that say, "Well, it's impossible for the parents to prevent them from playing these games, as long as all the kid's friends' parents aren't doing the same!" and similar are absolutely, positively correct. But it's irrelevant. If parents are doing their job, it doesn't matter what the kids play.
Once we start talking about limiting access, we're assuming a situation in which the parents have already failed.
Granted, there are people who are just crazy, and it's not their parents' fault. Absolutely. But they're crazy with or without Manhunt, anyway.
The Senate will no longer be of any concern to us. I've just received word that the Emporer has dissolved the council permanently.
I work in the music industry and the broadcast industry. The EXACT same wording and phrases are used to determine what you can and can't say over the air of broadcast radio/TV.
It couldn't be more ambiguous, vague, or unclear.
Libertas in infinitum
...the religious rig....oh... wait... never mind. A liberal democrat introduced this. Wow, I guess BOTH parties want to limit civil liberties and impose useless laws.
Perhaps we should all consider voting libertarian if you disagree with this bill!
Libertas in infinitum
Some slashdotters don't seem to know that being a minority has pretty much nothing to do with population. The majority group is the group who holds the power, or rather, the Dominant Group.
Consider: The people pushing this bill forward, hold the power. In population? That's not important. They hold the power, in political power, wealth, and social status. I oppose this bill. I'm in college, I'm living off Top Ramen and paying too much rent. Outside of picketing and handing out pamphlets, politically I mean NOTHING.
Are whites the majority population wise in the USA? Yes. Are christians the majority religion population wise in the USA? Yes. Are white male christian politicians willing to make criminals out of citizens the majority, population wise? No.
Yet it doesn't matter somehow, because they wield the power, wealth, and they're the Old Money. So it doesn't matter does it?
C'mon, I know he must be feeling embarassed that a group of amateur devs actually called him on his bogus 'proposal', but does he have to throw such a sizeable tantrum about it?
Don't you watch the news? The Mexicans stole all those jobs!
There are alot of people who need to be tossed out for being total duchebags. Jack Thompson, Hillary Clinton, Lynn Cheney, Tipper Gore, Rick Santorum, Bill Lieberman...
The Rapture is NOT an exit strategy.
Who gets to decide if a game has sufficient artistic value? Surely this is entirely subjective? According to this cretinous rule kids arent allowed to buy a game if it isnt artistic enough.
(1.21 gigawatts) / (88 miles per hour) = 30 757 874 newtons
Jeeze, and I thought he killed himself after losing his son to videogames and went around the US on a killing spree of all the video game software company execs. . .
disclaimer: I've been known to store numbers in my ass for which to dig out when quantities are required.
Research on bread indicates that:
1. More than 98 percent of convicted felons are bread users.
2. Fully HALF of all children who grow up in bread-consuming households score below average on standardized tests.
3. In the 18th century, when virtually all bread was baked in the home, the average life expectancy was less than 50 years; infant mortality rates were unacceptably high; many women died in childbirth; and diseases such as typhoid, yellow fever, and influenza ravaged whole nations.
4. More than 90 percent of violent crimes are committed within 24 hours of eating bread.
5. Bread is made from a substance called "dough." It has been proven that as little as one pound of dough can be used to suffocate a mouse. The average American eats more bread than that in one month!
6. Primitive tribal societies that have no bread exhibit a low incidence of cancer, Alzheimer's, Parkinson's disease, and osteoporosis.
7. Bread has been proven to be addictive. Subjects deprived of bread and given only water to eat begged for bread after as little as two days.
8. Bread is often a "gateway" food item, leading the user to "harder" items such as butter, jelly, peanut butter, and even cold cuts.
9. Bread has been proven to absorb water. Since the human body is more than 90 percent water, it follows that eating bread could lead to your body being taken over by this absorptive food product, turning you into a soggy, gooey bread-pudding person.
10. Newborn babies can choke on bread.
11. Bread is baked at temperatures as high as 400 degrees Fahrenheit! That kind of heat can kill an adult in less than one minute.
12. Most American bread eaters are utterly unable to distinguish between significant scientific fact and meaningless statistical babbling.
In light of these frightening statistics, it has been proposed that the following bread restrictions be made:
1. No sale of bread to minors.
2. A nationwide "Just Say No To Toast" campaign, complete celebrity TV spots and bumper stickers.
3. A 300 percent federal tax on all bread to pay for all the societal ills we might associate with bread.
4. No animal or human images, nor any primary colors (which may appeal to children) may be used to promote bread usage.
5. The establishment of "Bread-free" zones around schools.
By reading this signature you agree to not disagree with the post you just read.
Damn, I forgot.
I am categorically against videogame restrictions as long as books can be sold unrestricted. Books have been proven to make people violent and especially the most widely sold books have been cited as the reason for millions of murders. Violent videogames have about ten people claiming they were the reason they committed a crime. Books like the Bible, the Qu'ran and numerous others have entire wars claiming to be inspired by these books. If we can enact laws against videogames because of ten people, we can enact laws against books because of millions of people.
Of course that's just what you get if you apply Jack Thompson's logic to books. But even without sensationalism you can easily see that some books are definitely more damaging to the development of our society than the videogames the "think of the children" politicians are trying to ban. I'm not talking about the Kama Sutra, I'm talking about books like Mein Kampf (or any other propaganda book). Books that consciously try to influence the reader towards hatred and violence. A violent videogame may depict violence but it won't attempt to make the player hate jews (if we ignore Neonazi propaganda games for now). A book can contain an ideology AND give a reasoning that makes the ideology appear as the one truth (propaganda is dangerous).
Justice is the sheep getting arrested while an impartial judge declares the vote void.
My Southern Baptist relations down in Oklahoma are exactly the people referred to by the parent poster. They fit his or her statement, to the letter, and have spoken against both "Huckleberry Finn" and GTA to me personally. My point being that Jack Thompson doesn't speak for all conservative Christians -- and neither do you. Both of you claim to do so on some level, however... or you just said you did, anyway.
And don't forget that liberals have been advocating censorship for decades as well. I say that not as an excuse, but as a reminder: don't think that every last person in your political demographic is as anti-censorship as you'd like to believe.
Personally I find the strange political bedfellows over issues like pRon and violent video games to be instructive. This is a good example of how it's sometimes not what you believe, but the way your belief was arrived at. Authoritarian belief systems vary in which authorities they think have the absolute truth, but they think in the same basic ways about the world. So, you get certain fundies and certain radical feminists arguing together for stuff like censoring pop music lyrics. They both think they've got a grip on absolute morality, yes?
So you're right -- this is one of those areas where the political spectrum reveals that it's really more like a circle. The two ends overlap. Fundamentalists from all the religions of the book think alike, in many ways: John Ashcroft, meet the Taliban.
"Fundamentalism" isn't about divine morality. It's about human authority.
You're probably right. I seemed to be speaking for all conservative Christians when I'm obviously not. Still, Jackass Thompson belongs to many additional demographics that people aren't collectively blaming. Some Christians agree with him and some don't. Some men agree with him and some don't. Some 50-somethings agree with him and some don't.
It's not fair or accurate to say that his idiotic beliefs stem from his religious and political alignments when many others with those same affiliations completely disagree with him. That's really all I meant.
Dewey, what part of this looks like authorities should be involved?
Still, Jackass Thompson belongs to many additional demographics that people aren't collectively blaming. Some Christians agree with him and some don't. Some men agree with him and some don't. Some 50-somethings agree with him and some don't.
Not to mention the coveted jackass demographic. Those people go to movies!
I do think you want to examine the history of U.S. governmental censorship and take a good long look at stuff like the "Hays" code in Hollywood. The Catholic church had a huge influence over "the code," and Joseph Breen who enforced the thing came out of various Catholic advocacy organizations.
I'm having trouble thinking of comparable left-wing examples, at least in the US. The black list didn't ban right wing figures like John Wayne and Ronnie Reagan from the movies, you know? Even at the height of early 1970s counter culture, where were the left-wing laws censoring pro-military/"fascist" films and so on? That would be the equivalent, more or less.
"Fundamentalism" isn't about divine morality. It's about human authority.