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Common Sense Beats Out MN Games Law

superdan2k writes "A federal court judge dropped the bomb on Minnesota's pending gaming law that would have fined minors for purchasing games with the mature or adults-only ratings. The lawsuit against the legislation was brought by video game manufacturers who claimed that it infringed on free speech. The judge agreed, and the ruling said that the state had failed to prove that graphic video games were harmful to children."

10 of 302 comments (clear)

  1. Fining the Wrong Way by weasello · · Score: 5, Insightful

    I don't understand why the minors would get fined anyway. Like cigarettes, the fine should go to the retailer - if a fine should exist at all.

    1. Re:Fining the Wrong Way by Moridin42 · · Score: 5, Funny
      actually.. North Carolina already taxes drug dealing.

      NC General Statue, 105-113.107: Excise tax on unauthorized substances.

      (a) Controlled Substances. - An excise tax is levied on controlled substances possessed, either actually or constructively, by dealers at the following rates:

      (1) At the rate of forty cents (40) for each gram, or fraction thereof, of harvested marijuana stems and stalks that have been separated from and are not mixed with any other parts of the marijuana plant.

      (1a) At the rate of three dollars and fifty cents ($3.50) for each gram, or fraction thereof, of marijuana, other than separated stems and stalks taxed under subdivision (1) of this section.

      (1b) At the rate of fifty dollars ($50.00) for each gram, or fraction thereof, of cocaine.

      (2) At the rate of two hundred dollars ($200.00) for each gram, or fraction thereof, of any other controlled substance that is sold by weight.

      (2a) At the rate of fifty dollars ($50.00) for each 10 dosage units, or fraction thereof, of any lowstreetvalue drug that is not sold by weight.

      (3) At the rate of two hundred dollars ($200.00) for each 10 dosage units, or fraction thereof, of any other controlled substance that is not sold by weight.

      (a1) Weight. - A quantity of marijuana or other controlled substance is measured by the weight of the substance whether pure or impure or dilute, or by dosage units when the substance is not sold by weight, in the dealer's possession. A quantity of a controlled substance is dilute if it consists of a detectable quantity of pure controlled substance and any excipients or fillers.

      (b) Illicit Spirituous Liquor. - An excise tax is levied on illicit spirituous liquor possessed by a dealer at the following rates:

      (1) At the rate of thirtyone dollars and seventy cents ($31.70) for each gallon, or fraction thereof, of illicit spirituous liquor sold by the drink.

      (2) At the rate of twelve dollars and eighty cents ($12.80) for each gallon, or fraction thereof, of illicit spirituous liquor not sold by the drink.

      (c) Mash. - An excise tax is levied on mash possessed by a dealer at the rate of one dollar and twentyeight cents ($1.28) for each gallon or fraction thereof.

      (d) Illicit Mixed Beverages. - A tax is levied on illicit mixed beverages sold by a dealer at the rate of twenty dollars ($20.00) on each four liters and a proportional sum on lesser quantities.


      I wonder if the legislators find it odd that most don't pay...
      --
      I don't expect morality, equality, consistency, or justice from the law. I expect only legality.
    2. Re:Fining the Wrong Way by KiloByte · · Score: 5, Insightful
      actually.. North Carolina already taxes drug dealing.
      I wonder if the legislators find it odd that most don't pay...
      The point is, tax evasion brings a much bigger penalty than dealing drugs.
      --
      The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
  2. Correct by _PimpDaddy7_ · · Score: 5, Insightful

    How can you fine somone under the age of 18? They are not a legal adult.

    "Minnesota lawmakers hoped their approach - penalizing the minors who got the games, instead of the retailers who sold or rented them - would have fared better in court than overturned state laws that went after retailers in Illinois, California, Michigan and elsewhere."

    That's real good, fine your customers. Who these lawyers talk to the RIAA?
    The retailers should definitely do a better job of not selling to minors. Can they ask for ID?

    Parents need to just step up and pay more attention to what their children are doing, until the become an adult, and do what they want.

    1. Re:Correct by TopShelf · · Score: 5, Insightful

      How can you fine somone under the age of 18? They are not a legal adult.

      I believe their parents would be on the hook for that. I'm fine with going after the minors in cases like this (not video games, but cigarettes, booze, etc.) in addition to the retailer. Back in my Ann Arbor days I used to help watch the door and check ID's for an Italian cafe/bar just off campus. Underage kids were always trying to get in, and despite honest efforts to stop them, sometimes one does get through. When that happens and the place gets busted, they lose their liquor license (and many, many thousands of dollars) but nothing happens to the kid. That's just plain wrong.

      --
      Stop by my site where I write about ERP systems & more
  3. Fine the Shops not the kids by LiquidCoooled · · Score: 5, Interesting

    The shops should have their business license removed for selling clearly Mature/Adult only materuial to minors.

    Here in the UK shops are fined large amounts, and even risk prison for breaking age based laws.

    Here is an overview from the trading standards:

    Video cassette tapes/DVDs/computer games

    You must not sell, rent or supply a video cassette or DVD unless the British Board of Film Classification has classified it.

    You must not supply (including hiring out) a video cassette tape or DVD to a person who is under the age marked on the video cassette tape/DVD.

    Most computer games are exempt from classification but if the game is classified then it must not be supplied to a person who is under the age marked on the game.

    The age restrictions are 12,15 and 18 .

    The maximum fine for selling or renting an age restricted cassette/DVD to a child under the specified age is £5000 and/or up to 6 months imprisonment.

    Restricted 18 video cassettes and DVDs can be supplied only in licensed sex shops to persons 18 years of age and older.

    --
    liqbase :: faster than paper
  4. Re:Which little boy would that be? by Tackhead · · Score: 5, Insightful
    > "One of the most popular games in America teaches a little boy how to have sex with a prostitute and then beat her to death, and then rewards that," said Rep. Jeff Johnson, who sponsored the bill in the House. "I think some small restriction on that is reasonable."

    One of the most profitable games in America teaches young politicians how fuck over their constituents while becoming prostitutes to campaign donors, and then tax their constituents to poverty, optionally imprisoning and torturing their opponents to, and then rewards that.

    Tell you what. You go first, Rep. Johnson. Then we'll clean up our naughty video games.

  5. Protecting the children? by XenoPhage · · Score: 5, Interesting

    I'm a bit torn about this ruling. Part of it may be that I don't fully understand this bill, nor the implications thereof. As I understand it, this bill would have prohibited minors from renting/buying adult oriented games (M/AO) under threat of a fine. Is that it? I thought the objective here was to prevent retailers from selling these games to minors under threat of fines to the retailer.

    I don't necessarily agree that video games are harmful to all children. However, I would agree that they can, somewhat, de-sensitize them. And, I would agree that certain children may be negatively influenced by some games. Granted, those children generally have a host of other behavioural issues that should have been red flagged long before video games really get into the picture.

    Regardless of whether or not the games will "hurt" the children, however, they have been rated for adults. Because of this, I personally believe that retailers should be encouraged to prevent the sale of these games to minors unless an adult is present. Encouraged as in the guidelines given to them by the ESRB, not fines and laws. These guidelines are, of course, a deterant, and not something that will prevent a child from ever getting their hands on the game. That part is up to the parent.

    As a parent, (yes, I'm a geek AND I got the girl.. I'm still trying to figure out how the hell that happened myself) I know what limits my children have. I pay attention to what they watch, read, play, and even who they hang out with. I'm not a dictator by any means, but I do attempt to influence what my children say and do without forcing my opinions on them. They are free to make their own decisions, within reasonable limits. I do not allow my children to play games such as GTA. I do, however, allow my older son (12) to play games such as Unreal Tournament, 007, and some of the M-rated racing games. Of course, I checked them out beforehand. And I have yet to see him driving down the street, with a BFG, taking out the neighbors.

    I find it disheartening that our society seems so hell bent on not only allowing, but encouraging the government to set forth laws to regulate how I raise my children. I'm aware that there are parents out there who are completely useless and should never have been allowed to reproduce, but laws like this infringe on my rights as a parent. I should be able to raise my child as I see fit.

    I think laws like this should be beaten down, but I think reasonable guidelines should be put in place. And I definitely don't like the free speach flag being waved around as an excuse for stuff like this.

    --
    XenoPhage
    Technological Musings
  6. Re:Problem With US in General by duranaki · · Score: 5, Insightful

    Did you miss where very popular liberal democrats are also behind this sort of thing? Don't mix gay marriage bans with this.. these are totally unrelated issues. The only similarity is the general practice of legislators knowingly passing or trying to pass bills that they well know are unconstitutional. Usually its just trying to make themselves look good to their voters...

  7. Re:ESRB? by 99BottlesOfBeerInMyF · · Score: 5, Insightful

    Movies have ratings and kids cannot enter the theatre to see them, but nobody complains about censorship in that regard, the kid can just wait until he is old enough.

    There is no law that says a movie must be rated (there are many unrated) and no law that says theaters cannot let minors see R or X-rated films. Certain states and localities have passed laws that say that, but they have always been overturned when challenged.

    How about fairgrounds, are they censoring the rides because they have a height chart and restrict kids from their freedom to ride on them?

    Again, this is voluntary on the part of the fairground operators, not mandated by law in most cases. There are certain restrictions on heavy equipment and safety, but that is for a clear danger to the safety of the operators and mostly covers providing machinery known to be dangerous and not informing the user.

    Its not censorship, its common sense.

    The government restricting what citizens can see and hear is censorship. If you think in this case they should do so, well great for you. That doesn't make it legal and it does not demonstrate a danger to children.