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.
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...
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
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?
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.
Comment removed based on user account deletion
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.
...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?
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
I had noticed tha Madlib too. While Jack Thompson may be a nanny state tool, he's not really dumb. He's realized two truths in US lawmaking.
1. If at first you don't succeed try, try, try, try, try and try again. Then try some more. Eventually, something will stick.
2. If you're having trouble getting something passed, just parrot existing, accepted legislation.
The only thing we can hope for is that Jack will die of a massive heart attack or some such, before he gets something to stick.
Necessity is the mother of invention.
Laziness is the father.
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.
> (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
"How about we just throw out all the crap and use the current laws instead?"
What current laws? Public decency laws? Pornography laws? The ESRB is not law, it's voluntary.
"Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
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.
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.
In Louisiana, that qualifies as scientific merit, I believe.
"Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
Money to buy it? If you have a 9yr older playing GTA bet he got it from a friend/peernetwork, not from your pocket.
You mean like we had to do when I worked at Circuit City? Every game that came across that counter that was rated M required me seeing some ID. What would have happened if I didn't get that ID and let the game slide back across to a 12 year old? Well it wouldn't be jail time, but I'd have been out of a job on a serious offense. This is an issue for the commercial sector, and it always has been. The game companies rate the games, they've covered their butts. The stores need the responsibility to regulate selling the games to minors. This just takes adding warnings into the product databases of retail chains, it doesn't take a government agency eating up tax dolloars.
Well, in fairness to Jack, he got laws passed to do just that, but they were overturned on free speech grounds. Now he's modelling his legislation on the laws that restrict the sale of pornography to minors, hoping that by that route he will succeed where his other legislative efforts failed.
"Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
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
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
It does have a "torture prisoners" mission. An Army spokesperson defended its inclusion by pointing out that "While it exists on the game CD, it can only be accessed by means of a third-party tool which the Army does not provide".
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
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.