Lawsuits That Changed the Games Industry
Gamasutra has up a piece looking at litigation that changed the way the games industry works. Deep, interesting questions like "Is modding legal?", "Are games covered by the 1st amendment?", and "Are games protected by copyright laws?" have all been decided in legal cases within the last 20 years. The site explores these issues, and ponders issues that are likely to affect the business of the games hobby in the future. From the article: "A variety of laws have been put forth by state legislature to act toward censoring game content or controlling the sale of games. As a rule, be immediately suspicious of any legislation proposed in the name of 'security' or 'protecting our children.' The result is often a jumbo size bite taken out of artistic expression and individual liberty. To date, the ESA has fought and won nine out of nine cases on these issues, having the state laws declared unconstitutional. Furthermore, the ESA has sought and won more than $1.5 million dollars in attorneys fees."
I suppose, then, that by implication, you cherish the notion of taking the "parent" out of "parenting." Fair enough, your argument didn't explicitly target children itself (save for the McDonald's commentary).
The problem with shifting responsibility from individuals to the law is that it eliminates the freedom of choice. If someone wants to sit on their duff for hours on end, they are free to do so. While I am aware that the natural reply to such a notion is "It increases the costs of health care for all of us," I will remind you that health care in the US is already largely borked. Legislation against criminal activities is fine, but criminalizing legitimate activities that do not directly harm anyone, such as playing games or eating fattening food, is simply absurd. Suing, thus, accomplishes nothing than to appease those who, like yourself, clearly do not approve of free choice or the free market. I don't recall stories of Blizzard holding a gun to anyone's head, indicating that failure to play their game may result in unholy punishment (insert lame joke here, Anonymous Cowards).
Ultimately, the "health legislation" movement in this country is counter-productive. While stating children shouldn't be sitting in front of the television, game console, computer, or eating fast food, they simultaneously declare that traditional children's games are violent and dangerous. I'm sorry, little Johnny, I don't want you playing video games, but you can't go outside and play tag, either! I don't think tree-hugging burns a great deal of calories--certainly not as many as cutting one down with a hand saw. And could you imagine the sort of ruckus that would be generated by the bleeding hearts if we armed our children with hand saws? On the other hand, it might not be so bad; imagine telling an angry child armed with a hand saw who was responsible for taking away tag or dodgeball...
I apologize ahead of time for any angry children cutting down your front door, demanding to have their "fun" games back.
He who has no