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The Tale of Wal-Mart, Jack, and Bully

GamePolitics is reporting on something that seems like a simple decision: Wal-mart is no longer accepting pre-orders for unrated games. As a 'family-friendly' establishment, it makes a certain amount of sense. The catch is that, in the eyes of many, one of the U.S.'s largest retailers is bowing to pressure from Jack Thompson. The company denies these claims, with Kotaku running a short discussion with John Simley, Wal-mart spokesperson. From that article: "Simley says it has nothing to do with Bully, but rather is the outcome of discussions that the company has been in for 'weeks if not months' about how to handle rating pending titles. Bricks and mortars stores have never accepted pre-orders for RP titles, he added. 'I'd like to give credit to Jack Thompson, but there are a lot of Jack Thompsons out there and we are just listening to our customers,'"

23 of 138 comments (clear)

  1. That's great, Walmart... by tacarat · · Score: 5, Interesting

    ... now get the rest of the RP games out there off the preorder list. If you're going to do it for violent or racier games, then I expect to see every unrated, family safe Disney game get the same treatment before release.

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    "Common sense will be the death of us all"
    1. Re:That's great, Walmart... by Phat_Tony · · Score: 2, Interesting

      If the reason they're holding back on these games until they're rated is to avoid carrying games with mature ratings, then there's no point in them holding Disney games where it's 100% positive the game will get child-friendly rating like EC or E. If you don't want to carry any "A" games, then it makes sense not to accept pre-orders on any "RP" games that are known to be shooting for an "M" rating until they are actually rated. If the ESRB really plays hardball and requires dramatic changes to meet "M," the company may decide to go ahead and release it as "A," leaving Walmart in a pickle.

      But Disney isn't going to "accidentally" include a sequence where you murder prostitutes and bathe in their blood in the next "Learning With Nemo" title, and then refuse to take it out and accept an "A" rating when they were shooting for "EC." Walmart has no reason to wait on allowing pre-orders, because there' no realistic scenario in which games everyone knows are aiming for a rating of "E10" at the highest get released as "A."

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  2. Re:What's the big deal? by digitrev · · Score: 4, Insightful

    The problem is that it appears that Thompson managed to influence one of the larger companies in the States towards his agenda.

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    Cynical Idealist
  3. I agree by CodemasterMM · · Score: 2, Insightful

    I actually agree with this. I wouldn't necessarily allow a kid to preorder a game that might be rated M or above (unless it was named 'Elmo's Adventure' or the such). Similar to movies, I wouldn't want a young kid to get a R or higher rated movie just because when the preorder was out it was "unrated." At least they finally take the ESRB seriously for what they were created for.

  4. Re:What's the big deal? by Enoxice · · Score: 3, Insightful

    Walmart has always been on that side of the fence.

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  5. Terror by spoonboy42 · · Score: 3, Funny

    The most terrifying words ever uttered: "There are a lot of Jack Thompsons out there."

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  6. Re:What's the big deal? by Soygen · · Score: 3, Informative

    I agree. I don't see this a big deal at all and probably has little to do with Jack(off). Wal-Mart is notorious for selling the clean/edited/lame version of everything. ;)

  7. Re:What's the big deal? by ZephyrXero · · Score: 2, Informative

    The problem here is that Walmart is THE largest retailer, so if they don't carry something, there's almost half as much chance for it to be sold. Walmart generally doesn't carry anything rated over Teen, BUT it carries all the R rated, if not even Unrated DVDs for some reason..... So this makes publishers/investors less likely to put their money behind M rated games, and does affect the industry in the long run...

    However, last time I checked Bully was probably only gonna get a Teen rating, but with Rockstar's past, the ESRB may just give it an R out of spite. This whole situation sickens me :(

    --
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  8. Not really... by steveo777 · · Score: 3, Interesting

    Wal-Mart has always had this stance. I doubt Jack has anything to do with it. I still remember back when Mortal Kombat came out and they didn't carry the Genesis version because there was blood in it. But they had the SNES version becuase it was colored gray (sweat).

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  9. Preorder is a scam anyway by brunes69 · · Score: 2, Insightful

    Why do people fall for the whole preorder scam? Giving a store your hard earned money months in advance for something you have yet to recieve is foolish - once you factor in interest you are paying *more* for the game than you would if you just waited until release day - and there are *never* shortages of games on release day.

    1. Re:Preorder is a scam anyway by dctoastman · · Score: 2, Interesting

      A game costs $50.
      Doesn't he gain money then?
      Because if he paid $10 a year ago, and if that $10 is worth $8 when the game is released, then he only needs to come up with the last $40, instead of $42.
      In a way, that $10 did earn him interest because it was protected from deflation by being held in a private trust.
      And if he prepaid for the game, then he really paid $40 adjusted for inflation.

      Hell, you convinced me, I'm preordering my PS4 now so I'll only be paying $200 after adjusting for inflation.

    2. Re:Preorder is a scam anyway by milkman_matt · · Score: 4, Funny

      Giving a store your hard earned money months in advance for something you have yet to recieve is foolish

      NOW you tell me... stupid DNF pre-order.. I've been waiting for years :(

  10. Walmart supplies the heartland by 192939495969798999 · · Score: 2, Interesting

    I understand that this seems incredibly bogus, and I agree. However, you have to understand where Wal-mart does the bulk of its business, in my experience. This decision didn't come down to affect scientifically enlightened locations like Silicon Valley or New York City. These are areas where if the local church objects, there will be mass boycotts and negative media attention, because EVERYONE in town goes to that church. And, of course, the local church will object to anything that sounds like it's not a) conservative, b) WWJD, c) wont someone think of the children, etc.

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    1. Re:Walmart supplies the heartland by InsaneGeek · · Score: 4, Insightful

      Umm... since Walmart regularly carries "R" rated movies, and "M" rated games, etc that's probably not the reason.

      More likely the reason is that because the game hasn't been given an "official" rating yet, they feel they could be a civil case risk. If some 12 year old pre-orders the game now, but upon delivery it actually has a "M" rating; in our sue-happy society someone is going to go after the big-money Walmart. And it will cost them millions to just fight the case, or multiple tens of thousands to simply settle it. Theoretically they could possibly be even held legally liable by the government, it's not passed yet but look at Clinton & Liberman's "The Family Entertainment Protection Act", which would make it illegal to sell adult games to minors. (Clinton's made direct complaint's about Walmart's selling of games to minors, so they know they are the politician's crosshairs)

      This is simply a CYA move, why would any large company take preorders on a game in limbo like this assuming the significant amount of possible risk associated to it with not much to gain?

  11. Not the size of the ship but how you (ab)use it by raitchison · · Score: 2, Insightful

    The problem with Wal-Mart being the largest is that they, all by themselves control sizable portion of the retail market.

    It's extremely common for companies to make special versions of products specifically tailored to Wal-Mart's specifications, probably the most visible example of this is sanitized versions of music CDs but it also occurs in other product segments.

    For many companies who can't or don't want to make a special version of a product just for Wal-Mart they may opt to just make all of their product to Wal-Mart specifications.

    Without a doubt, even if you never shop at Wal-Mart, they have some control over what you are able to buy.

  12. Re:Largest Retailer! Well stop the presses! by allenw · · Score: 2, Insightful
    The problem is that there are many parts of the country where Wal*Mart is the only local retailer. The mom and pop shops were driven out a long time ago. You're not going to get a Target or whatever in a city with a population of ~9000.

    On the plus side, Internet shopping has really taken off in small-town America. So hopefully it will become increasingly irrelevant what Wal*Mart does.

  13. Not nice to compare by dtfinch · · Score: 4, Funny

    He might as well have said, "I'd like to give credit to that asshole, but there are a lot of assholes out there and we are just listening to our assh^H^H^H^H customers."

  14. Re:What's the big deal? by MobileTatsu-NJG · · Score: 2, Insightful

    "Wal-Mart is notorious for selling the clean/edited/lame version of everything. ;)"

    It is? I purchased OZ dvds from there. If those are the clean/edited/lame versions... ugh.

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  15. Re:What's the big deal? by Total_Wimp · · Score: 3, Insightful

    That was my first thought too. Then I remembered that the ESRB had raised the rating of GTA: San Andreas to "Adults Only" after the Hot Chocolate mod was released.

    Yeah, I know, RockStar would rip out scenes of Bully right and left if necessary to get it down to a "Mature" rating. However, theorectially it could still get rated "Adults Only". Wal Mart doesn't want to be put in the position of having presold a game that it would like to turn around and not sell at all due to company policy. They don't want surprises like San Andreas.

    Now, as to why Slashdoters care, that's another issue. I can understand them not wanting speech infringed, etc, but I'm pretty much completely failing to see how this could either infringe free expresion or even provide a "slippery slope" to infringing free expression.

    I think this is actually kind of smart for Wal Mart. They're waiting to see the exactly what the product will be before they start to sell it. I'd want to know if a game called "Pleasant Dreams" was a title for 5 year-olds, a soft core pornography game or a game where you hack up bloody nightmare monsters before selling it too.

    TW

  16. Acronyms by posterlogo · · Score: 5, Informative

    I wish there was a footnote when acronyms are used. This is an ongoing problem with Slashdot. What does "RP" stand for -- can someone please define it? I tried to trace the articles but that cleared up nothing.

    1. Re:Acronyms by illumin8 · · Score: 3, Informative
      I wish there was a footnote when acronyms are used. This is an ongoing problem with Slashdot. What does "RP" stand for -- can someone please define it? I tried to trace the articles but that cleared up nothing.
      RP stands for "Rating Pending", and is the term used by the software company to indicate that the game has not yet been rated by the ESRB (Entertainment Software Ratings Board). It's pretty much the equivelant of that big "This film has not yet been rated" message you get when you're watching a film trailer of a film that's still in production or far in the future.
      --
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  17. How great is it... by MojoBox · · Score: 2, Funny

    That Wal-Mart's PR guy is nimed "Simley". I look at that and immediately think Smiley, and picture them interviewing that big flying smiley face. Gives me a chuckle.

    1. Re:How great is it... by krell · · Score: 2, Funny

      "That Wal-Mart's PR guy is nimed "Simley". I look at that and immediately think Smiley, and picture them interviewing that big flying smiley face. Gives me a chuckle.

      Since he's in PR, I immediately thought of the other close anagram, "Slimey".

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