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Schwarzenegger's Appeal of CA Games Bill Under Fire

The CA games bill struck down last week to cheers is currently in a holding pattern as Governor Schwarzenegger works on an appeal. His decision to fight the judiciary is coming under fire from several sources. The ESA has mounted a campaign against the initiative through its Videogame Voters Network. Even the media is objecting, with an opinion in the LA Times telling the governor not to bother. "Having made a career off fantasy violence, Gov. Arnold Schwarzenegger is an odd advocate for the regulation of violent video games. After all, his face (and, sometimes, his voice) helps to sell a number of electronic kill-fests. Yet there he was last week, pledging to appeal a federal judge's decision against a state law banning the sale of such games to minors."

63 comments

  1. The Governator.. by Starteck81 · · Score: 0

    In response to the bill being struck down Arnold replied with his trade mark line, made popular by the bloody Terminator Trilogy, "I'll be back".

    --
    "There are four boxes to be used in defense of liberty: soap, ballot, jury, and ammo. Please use in that order." -Ed H
  2. Hm. by morari · · Score: 2, Funny

    I am consistently pleased that I do not live in California, their politicians only help stress that feeling.

    --
    "He who can destroy a thing, controls a thing." --Paul Atreides, Dune
    1. Re:Hm. by garnetlion · · Score: 1

      I am consistently pleaesd that I do not live in the United States, their politicians only help stress that feeling.
      FTFY.

      Both are nice places, you just have to ignore those screwballs who think they're running the show.

  3. More pressing issues... by adalwulf · · Score: 1

    One one article points out it's wasting tax dollars but is there anything you Californians out there think is more important than video game viloence in your state that tax dollars would be better spent fighting on?

    Governors get paid with your tax dollars after all so isn't their time worth your money?

    --
    "Who's flying this thing? Oh right, that would be me." - Wash
    1. Re:More pressing issues... by garnetlion · · Score: 2, Informative

      is there anything you Californians out there think is more important than video game viloence in your state that tax dollars would be better spent fighting on?

      Yes. Just about anything else. California, especially the northern portion, is fairly environmentally conscious. I think most residents (and clearly, being a lone Californian entitles me to speak for all Californians) would prefer to see it go to, say, environmental cleanup efforts or maintaining the roads or even something as crazy liberal as low cost child care or health care.

    2. Re:More pressing issues... by Lemmy+Caution · · Score: 1

      I know California-bashing is the past-time of resentful red-staters and yokels, but this is neither the only nor the first such anti-violent-videogame legislation to come down the pike. Here is a helpful map and article.

      I think videogames should be protected as speech. The trouble is, speech isn't really protected as speech, either. The distribution of sexually-explicit materials is controlled and restricted throughout the country, as are original derivative (not an oxymoron) works that are held to violate rather strict intellectual property standards(e.g., mash-ups, fan fiction, etc.) This particularly true for minors, to which this legislation is targeted. I'll be more impressed by gamers who are also willing to advocate for the revocation of obscenity statutes and to advocate for the legal, unrestricted sale of pornography to minors. Since most aren't, the outrage about this issue seems a little hypocritical.

    3. Re:More pressing issues... by moderatorrater · · Score: 1

      Actually, it's not hypocritical at all, it's just that so many of these bills have been struck down by now that you'd think the state would just let it go, much like Utah did when their attorney general pointed out that the legislation wouldn't hold up in court. On the other hand, I haven't seen any of the defeats appealed, so perhaps it's a fight worth fighting (assuming you want games regulated any more than they currently are).

    4. Re:More pressing issues... by yaphadam097 · · Score: 1

      I'll be more impressed by gamers who are also willing to advocate for the revocation of obscenity statutes and to advocate for the legal, unrestricted sale of pornography to minors.

      I'm all for it. What kids see or don't see is a private issue for families. Besides, when was the last time you met a teenager who hadn't ever seen/heard/done stuff their parents didn't want them to? We got our hands on all the porn we wanted, and there was no internet! Not to mention alcohol, drugs, violent video games, and you name it. Making it illegal just forces it underground where *no one* gets to regulate it. (Don't forget about the billions of dollars we waste.)

      P.S. I live in California ;-)

    5. Re:More pressing issues... by Abreu · · Score: 1

      As long as introducing ludicrous "think of the children" bills is profitable to politicians, there will be more and more videogame regulation bills.

      --
      No sig for the moment.
  4. Coming soon: Schwarzenegger: 0, Judiciary: 1 by MMaestro · · Score: 2, Insightful

    Seriously, anti-video game bills are getting shot down left and right these days. With the media having a ball with Schwarzenegger painting himself as a hypocrite for casting in a number of games and local courts around the country refusing to even bother involving the Supreme Court, this bill is never going to pass.

    1. Re:Coming soon: Schwarzenegger: 0, Judiciary: 1 by enderjsv · · Score: 5, Funny

      I'm in the minority here. I actually WANT children to be prevented from buying M-rated games by any means necessary. I'm tired of getting my ass handed to me by six year olds. For god's sake, go finger-paint.

    2. Re:Coming soon: Schwarzenegger: 0, Judiciary: 1 by AuMatar · · Score: 1

      L2P

      --
      I still have more fans than freaks. WTF is wrong with you people?
    3. Re:Coming soon: Schwarzenegger: 0, Judiciary: 1 by grumbel · · Score: 1

      Question from somebody not living in the USA: Why is banning porn ok and banning violence a violation of the Constitution?

    4. Re:Coming soon: Schwarzenegger: 0, Judiciary: 1 by Lemmy+Caution · · Score: 1

      Because the US was partially settled and founded by a fanatical religious sect that was fleeing a crackdown in England after it had assassinated the English king?

      I recently listened to a radio report where it was observed how strange American sentimentalization about Puritans is to many English people, considering the were their era's Al Qaeda in some ways.

    5. Re:Coming soon: Schwarzenegger: 0, Judiciary: 1 by Anonymous Coward · · Score: 0

      Because some nitwit in the supreme court decided that obscenity wasn't free speech, therefore it wasn't an unconstitutional prior restraint on free speech to declare that obscenity is whatever offends them when they see it and that you'd have to do it first before you could have a ruling on whether or not you had broken the law after you already broke the law.

    6. Re:Coming soon: Schwarzenegger: 0, Judiciary: 1 by Toonol · · Score: 1

      Banning porn is a violation of the constitution, but we've never had a Supreme Court that's brave enough to actually rule that way. So we ban it, and ignore the fact that we're censoring.

    7. Re:Coming soon: Schwarzenegger: 0, Judiciary: 1 by Bombula · · Score: 1
      I'm not one for prohibition, but I don't recall there being much fuss when the film and television rating system was introduced. It therefore seems strange how resistant people are to the idea of rating video games and holding vendors accountable for sales according to those ratings, just like films and TV. Gaming is, after all, a much more active, participatory form of entertainment than film or TV. As far as I know, the jury is still somewhat out on whether or not violent, graphic games contribute to antisocial behavior, but I fully expect the studies to eventually bear out what common sense and intuition tell most people: that violent gaming does affect kids' behavior in a negative way.

      Again, I'm not for prohibition. It is the responsibility of all parents to monitor what their kids get up to, especially TV and video game entertainment since to reports seem to tell us that the average child spends about as much time in front of a screen as in school or asleep. But that doesn't mean a rating system and some guidelines for vendors aren't in order.

      --
      A-Bomb
    8. Re:Coming soon: Schwarzenegger: 0, Judiciary: 1 by enderjsv · · Score: 1

      Well, I feel the need to clarify a bit. Banning porn IS a violation of the constitution. That's why it's not banned. It's just illegal for people under a certain age to purchase it. That's not a ban like, say, what England is doing to Manhunt 2. That particular ban actually makes it illegal for any store to sell it to anyone of any age. That's a ban.

    9. Re:Coming soon: Schwarzenegger: 0, Judiciary: 1 by enderjsv · · Score: 3, Interesting

      I don't understand your point. There IS a ratings system in place. It's called the ESRB. Nobody has a problem with there being a ratings system. The question is should that rating system be regulated and mandated by the U.S. government? Currently, there is no similar government mandation that I am aware of in reference to the movie industry or the music industry. Such government intrusion would be unprecidented.

    10. Re:Coming soon: Schwarzenegger: 0, Judiciary: 1 by Anonymous Coward · · Score: 0

      I'm not one for prohibition, but I don't recall there being much fuss when the film and television rating system was introduced. It therefore seems strange how resistant people are to the idea of rating video games and holding vendors accountable for sales according to those ratings, just like films and TV. Gaming is, after all, a much more active, participatory form of entertainment than film or TV. What are you talking about? There has been an industry rating board since 1994. Welcome to 13 years ago.

      As far as I know, the jury is still somewhat out on whether or not violent, graphic games contribute to antisocial behavior, but I fully expect the studies to eventually bear out what common sense and intuition tell most people: that violent gaming does affect kids' behavior in a negative way. Actually, no. Your knowledge of such issues seem to be about as dated as your lack of knowledge of the fact that the ESRB has been around since 1994.
    11. Re:Coming soon: Schwarzenegger: 0, Judiciary: 1 by Bombula · · Score: 1
      What are you talking about? There has been an industry rating board since 1994. Welcome to 13 years ago.

      I'm aware there are video game ratings. Maybe you missed the part I wrote where I said, "holding vendors accountable for sales according to those ratings."

      Actually, no. Your knowledge of such issues seem to be about as dated as your lack of knowledge of the fact that the ESRB has been around since 1994.

      Really? Here are the first handful of hits in Google when you search for "are video games harmful?":

      http://www.apa.org/releases/videogames.html

      http://culturalpolicy.uchicago.edu/conf2001/papers /freedman.html

      http://www.psychologymatters.org/videogames.html

      http://www.psychologymatters.org/mediaviolence.htm l

      http://mentalhealth.about.com/cs/familyresources/a /vidgameviolence.htm

      http://www.psu.edu/dept/medialab/research/vgviolen ce.html

      You'd better get back to class there, professor.

      --
      A-Bomb
    12. Re:Coming soon: Schwarzenegger: 0, Judiciary: 1 by XxtraLarGe · · Score: 1

      Question from somebody not living in the USA: Why is banning porn ok and banning violence a violation of the Constitution? Answer from somebody living in the USA: You're starting with a false premise. Both have been struck down as violating the Constitution.
      --
      Taking guns away from the 99% gives the 1% 100% of the power.
  5. Schwarzenegger's Appeal of CA Games Bill Under Fir by Lunix+Nutcase · · Score: 0

    "We attempted to reach Jack Thompson for his opinion on the matter but we were rebuffed as Jack Thompson was in the middle of beating the final level of the Left Behind game"

  6. Who cares about this shit? by Anonymous Coward · · Score: 0

    Seriously, let's ban video games and legalize chav hunting. It looks like much more fun, bebo has the video

    1. Re:Who cares about this shit? by Anonymous Coward · · Score: 0

      In soviet russia, chavs hunt you!

  7. "Having made a career off fantasy violence,..." by sehlat · · Score: 2, Insightful

    "I vas just doing it for the money." Now he's a "public servant." Makes a big difference in attitudes.

    1. Re:"Having made a career off fantasy violence,..." by Pranadevil2k · · Score: 1

      Not only that, but most of the games he played roles in were based off his movies, which were rated PG-13 or R, so one assumes any parent with half a brain wouldn't buy the game title of the same name for little timmy the five year old. Honestly, just because he's in violent games doesn't mean he wants those games being played by minors. They're two completely different things.

    2. Re:"Having made a career off fantasy violence,..." by sehlat · · Score: 1

      "just because he's in violent games doesn't mean he wants those games being played by minors"

      The problem is, as the court noted, just WHICH minors are you talking about?

      The ones banned by NC-17? The ones banned by R? The ones banned by PG-13?

      Every single bill that's been struck down makes NO differentiation between seventeen-year-olds and three-year-olds. After all, they're both "under 18."

      By the way, you might not want to buy "Peter Rabbit" for little Timmy the five-year-old, it does, after all, laud the attempted burglary of a cabbage patch.

    3. Re:"Having made a career off fantasy violence,..." by Anonymous Coward · · Score: 0

      Likewise, just because he's a Republican doesn't mean he isn't a flaming nanny-state socialist. In fact, most Republicans ARE flaming nanny-state socialists these days! Huzzah!

  8. Save some scorn for Leland Yee (D) by Anonymous Coward · · Score: 1, Informative

    Sponsor of this odious law. After writing the Gov, you should find out what you can do to get him out of office. If your partisanship allows.

  9. Ban Everything. by tazsl · · Score: 0, Troll

    This bill will NEVER work. Guns are banned from minors yet everyday children are killing each other all over the world( not just in California)! Arnie should be more concerned with Drugs, Prostitution..etc.. in his state than if little Johnny sees some animated blood in a game. Like I stated in a previous post on this topic" there is a lot of humor in video games. does that lead to humor on the streets?"

    --
    for every complex problem , there is a solution that is simple , neat , and wrong.
    1. Re:Ban Everything. by Lemmy+Caution · · Score: 1

      The bill may not work, and I don't like the repression of free expression. But completely ending a phenomenon isn't the criteria that we look at. There are laws against murder and rape, yet people get murdered and raped. Does that mean those laws "don't work?" The question is whether there is a difference in the level of those events before and after legislation.

      The argument needs to be stronger than that.

    2. Re:Ban Everything. by 10101001+10101001 · · Score: 1

      This bill will NEVER work.

      What do you mean by "work"? The point of laws, believe it or not, isn't to stop illegal activity; nor are police there to stop crimes. The point of laws is to punish those who commit certain acts. Now, this *might* have an effect on whether people continue the act or not. But at the point at which you think you can manipulate the common populace with a law, you've already loss. After all, living in a democracy, that common populace will either vote you out or stage an uprising if you suppress their ability to vote. The sad part of this, then, is that politicians try to target the "undesirables" and the defenseless; why else go after "the gays" and children?

      --
      Eurohacker European paranoia, gun rights, and h
    3. Re:Ban Everything. by tazsl · · Score: 0

      I guess that after a 14 hour work day I didn't quiet get my point across so let me clarify. The PMRC tried this same thing 20+ years ago. Their idea was not to "ban" but "inform" by placing labels on records that they feel are not suitable for children. This "information" only helped to increase the sale of those albums.Forbidden fruit is always the sweetest. My point is not whether it will "work" or not,history has shown us that this is futile, but that there are more important issues,not just crime,that we as a nation should be concerned about.

      --
      for every complex problem , there is a solution that is simple , neat , and wrong.
  10. No hypocracy, game ratings like movie ratings by AHumbleOpinion · · Score: 1

    "Having made a career off fantasy violence,... I vas just doing it for the money." Now he's a "public servant." Makes a big difference in attitudes.

    Wikipedia shows the Terminator games as being rated Teen or Mature. Restricting sales to minors based upon these ratings is no different than restricting a minor's entrance into a theater based upon moving ratings. The is no hypocracy here unless you find Arnold arguing that little kids should be able to watch the Terminator movie without a parent's approval.

    1. Re:No hypocracy, game ratings like movie ratings by Chris+Burke · · Score: 3, Insightful

      Restricting sales to minors based upon these ratings is no different than restricting a minor's entrance into a theater based upon moving ratings.

      So you mean it should be a voluntary restriction enforced solely by the game retailers, with zero force of law?

      I agree completely. And in which case there's no point in the Governator even being involved.

      That's where the hypocrisy is. Call me when Arnold starts campaigning to make it illegal to let minors into R rated movies, then he'll be consistent. Until then, he's a hypocrite.

      --

      The enemies of Democracy are
    2. Re:No hypocracy, game ratings like movie ratings by despisethesun · · Score: 3, Informative

      It's worth noting that the MPAA's rating system (and the enforcement thereof) is voluntary. If he were arguing for the MPAA's rating system to have legal enforcement as well, there would be no hypocrisy but he's not.

      --
      This poo is cold.
    3. Re:No hypocracy, game ratings like movie ratings by rkcallaghan · · Score: 1
      despisethesun wrote:

      If he were arguing for the MPAA's rating system to have legal enforcement as well, there would be no hypocrisy but he's not. Why is someone a hypocrite for campaigning for a single issue at a time? Is everyone who doesn't push for simultaneous and linked legislation on every possible permutation of their belief a hypocrite?

      Further, why shouldn't video games, which are actively participated in by the player; be considered on their own merits seperate from a movie, which is passive entertainment?

      The way I see it:
      Active Participation + Low Community Standards = Government Steps In.
      Passive Viewing + High Community Standards = Good to go.

      ~Rebecca
    4. Re:No hypocracy, game ratings like movie ratings by despisethesun · · Score: 1

      Schwarzanegger isn't "campaigning for a single issue". He's campaigning against video game violence while deflecting questions about the violent movies he starred in. It's not quite the same as someone who is pro-gun control not campaigning for the environment.

      And "Active Participation + Low Community Standards" is a blatant falsehood. This isn't 1993, the ESRB is arguably stricter and more consistent in its application of ratings than the MPAA, Hot Coffee not withstanding.

      --
      This poo is cold.
    5. Re:No hypocracy, game ratings like movie ratings by rkcallaghan · · Score: 1
      despisethesun wrote:

      Schwarzanegger isn't "campaigning for a single issue". He's campaigning against video game violence while deflecting questions about the violent movies he starred in. So, because he's campaigning about video games, and not taking questions about movies, he's "not campaigning for a single issue"? Huh?

      And "Active Participation + Low Community Standards" is a blatant falsehood. This isn't 1993, the ESRB is arguably stricter and more consistent in its application of ratings than the MPAA, Hot Coffee not withstanding. Yes but, the local video game store isn't enforcing the ESRB ratings the way a theater commonly does the MPAA ratings. So it is not a "blatant falsehood"; and perhaps you should consider such before resorting to "Liar, Liar, Pants on Fire!" as a reply.

      ~Rebecca
    6. Re:No hypocracy, game ratings like movie ratings by Chmcginn · · Score: 1

      Yes but, the local video game store isn't enforcing the ESRB ratings the way a theater commonly does the MPAA ratings. So it is not a "blatant falsehood"; and perhaps you should consider such before resorting to "Liar, Liar, Pants on Fire!" as a reply.

      I haven't seen any kind of scientific study of either theatre or game store policies recently, so I can only go on anecdotal evidence.

      I haven't been carded at a movie theatre since I was 16. If I go into Gamestop, I usually get carded, even though I certainly look over 18. So, actually, I'd have to ask if you assertion that game stores are more lax than theatres is based on solid evidence, or whether your anecdotes just contradict mine.

      --
      Have you been touched by his noodly appendage?
    7. Re:No hypocracy, game ratings like movie ratings by Anonymous Coward · · Score: 0

      Yes but, the local video game store isn't enforcing the ESRB ratings the way a theater commonly does the MPAA ratings. Do you have any actual evidence to back this claim up? I can only speak from my experience but in all the places I've lived I've never seen a video game store that would sell M-rated games to people under 17. If you care to actual show some national trend that this is really as big of a problem as you are trying to make it out to be I'd love to see it.

      And for argument's sake let's assume your claim is actually true. If the parents are so mad that their kids are buying games that they don't want them to purchase, then maybe they need to get off their asses and actually be parents and stop them from doing so. I can't believe anyone can actual with a straight face try to rationalize such legislation that is nothing more than an attempt by the government to make up for lazy parents. The issue isn't with the retailers, it's with the parents who give fuck all about actual being parents.
    8. Re:No hypocracy, game ratings like movie ratings by Drathos · · Score: 1

      When I worked at a Suncoast a few years ago, we weren't allowed to ask for ID for the purposes of age verification. Because of that rule, there was no real check for selling R movies to minors. Sure, we could chase kids out of the Playboy section (they were generally the only people who gawked at the DVDs there), but to ask little Timmy if he was 17 when he went to buy a movie like Hostel was strictly verboten. Our district manager (who's office was in our back room) would constantly remind anyone who tried.

      --
      End of line..
    9. Re:No hypocracy, game ratings like movie ratings by despisethesun · · Score: 1

      So, because he's campaigning about video games, and not taking questions about movies, he's "not campaigning for a single issue"? Huh?
      The two media are related. Your denial of that fact doesn't change it, and the arguments against video game violence are no different than the ones leveled against movies in the 80's and 90's. "You're watching the violence happen, it's not the same as reading it in a book!"

      Yes but, the local video game store isn't enforcing the ESRB ratings the way a theater commonly does the MPAA ratings. So it is not a "blatant falsehood"; and perhaps you should consider such before resorting to "Liar, Liar, Pants on Fire!" as a reply.
      Care to back up your claims? Because just stating them does not make them so. I've personally witnessed clerks at EBGames deny sales of M-rated games to minors, but I can't remember the last time I saw a kid get carded at the theatre.
      --
      This poo is cold.
  11. Schwarzenegger's Appeal of CA Games Bill Under Fir by Anonymous Coward · · Score: 5, Funny

    When asked for comments the Governator's spokesmen replied: "He did it for the lulz".

  12. Oblig Futurama Quote by Zackbass · · Score: 3, Funny

    "Bender should not be on TV!" - Bender

    --
    You gotta find first gear in your giant robot car
  13. It's pronounced... by Eradicator2k3 · · Score: 0

    GOO-BAH-NAH-TOR-REEAL!

    --
    Mr. T pitied this fool on 27 July 1992.
  14. No hypocrisy, underlying belief vs implementation by AHumbleOpinion · · Score: 1

    "Restricting sales to minors based upon these ratings is no different than restricting a minor's entrance into a theater based upon moving ratings."

    So you mean it should be a voluntary restriction enforced solely by the game retailers, with zero force of law? I agree completely. And in which case there's no point in the Governator even being involved. That's where the hypocrisy is. Call me when Arnold starts campaigning to make it illegal to let minors into R rated movies, then he'll be consistent. Until then, he's a hypocrite.


    No, you are moving the goal post. In the post I responded to the original poster was saying that it was hypocrisy to "make a career off fantasy violence" and support this bill. As I pointed out there is no hypocrisy, he wants access to both violent movies and violent video games limited. Who gets to enforce things, theaters/retailers or law enforcement, does not change this underlying belief. You are merely bringing up an implementation detail, an important one but still only a detail. Which ever way this detail goes does not change the underlying belief so there is no hypocrisy here.

  15. Rating systems by Anonymous+McCartneyf · · Score: 2, Interesting

    There may not have been much fuss when the film rating system was introduced; after all, it allowed more freedom of expression than the Hayes Code. There have been fusses of various sorts since. One of them replaced informal X ratings with formal NC-17s; this didn't destigmatize the rating. (X didn't start with a stigma, but after the mid-'70s, it got one.) PG-13 was invented because people were starting to make hard-PG films that were too close to the '80s R standard. And, for some reason, filmmakers want films to have as high a rating as possible that doesn't lock viewers out; people deliberately push ratings up to PG-13 and R, but push them down from NC-17 and R. G films are rare.
    The Passion of the Christ got an R despite the goriness of its subject matter. It was determined then that, even when the ratings are being enforced, anyone can get into an R-rated movie as long as a parent comes along. Church groups took advantage of that loophole, and on occasion, younger members of the congregation suffered for it.
    The governor has got to remember that videogames are like films this way: anyone can play as long as it's a grown-up buying. And it usually is--the ratings are usually enforced. So...

    --
    There is a fine line between recklessness and courage... -- Paul McCartney
    1. Re:Rating systems by Daetrin · · Score: 1
      It was determined then that, even when the ratings are being enforced, anyone can get into an R-rated movie as long as a parent comes along. Church groups took advantage of that loophole, and on occasion, younger members of the congregation suffered for it.

      Uh, that's not a "loophole," nor was it some kind of secret. It's an intended feature and a well known one, or at least it should be. The purpose of ratings is to inform people, especially parents, about the contents of a movie so they can make appropriate choices about whether they want to watch the movie or let their kids watch it. R rated movies are considered serious enough that parents should have to go along if they want their kids to see it (how much of this is a concern about letting the kids see it unsupervised and how much is a concern about guaranteeing that it really is okay with the parents i don't know) but just declaring unilaterally that kids couldn't watch them even with their parents permission would defeat the entire point of ratings.

      When i was young my parents took my sister and i to see "Coming to America" because they thought it was a good movie and that a little partial frontal nudity wasn't going to hurt anyone. They never would have taken us to see something rated R for violence at that age. It doesn't surprise me that christian groups would decide that showing kids extreme violence is okay as long as it's in a religious context (have you seen the catholic crucifixes? eeewww!) I agree that it probably wasn't a good idea in many cases, but it's not really my place to say what they can and can't take their kids to see, any more than it was their place to say what my parents could take me to see when i was under 17.

      --
      This Space Intentionally Left Blank
    2. Re:Rating systems by Anonymous+McCartneyf · · Score: 1

      True--if the MPAA did declare unilaterally that kids couldn't see R-rated films, that would make them no different than NC-17-rated films. The suggested age cut-off is nearly the same, after all.
      The problem is that it's not certain that the method of determining what should be R and what should be NC-17 is fair. A film can get NC-17 for moderate sex or nudity--no worse than what married couples or promiscuous teens have already seen in the flesh. But a film can be extremely gory and still be rated R; while there is a violence cut-off, it's high.
      To put it another way: if you are a non-Christian filmgoer, would The Last Temptation of Christ, which is NC-17, be more disturbing than The Passion of the Christ, which is R? I think R movies now, esp. violent ones, are harder than R movies of '89, but I don't think the MPAA has rerated "Last Temptation" since it came out.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    3. Re:Rating systems by Binkleyz · · Score: 1
      Unless I'm mistaken, the MPAA can only suggest what age is appropriate for a particular movie.

      There is no law behind the rating system, it is up to the individual movie theater (or chain) to enforce those recommendations .

    4. Re:Rating systems by Anonymous+McCartneyf · · Score: 1

      But there are often local laws related to those recommendations--at least for NC-17 films. Newspapers are forbidden to advertise those films, at all; this means a chain can't show them, or else everything in the multiplex will suffer.
      Think of it this way. The sexual offender list itself "isn't punishment," which is why it's still legal; it just happens that there are a lot of local and state laws punishing people who happen to be on that list. The regulations attached to NC-17 films are of a similar nature--or sometimes, since many NC-17 films got that mark for sexual material, the same nature.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
  16. Re:No hypocrisy, underlying belief vs implementati by Chris+Burke · · Score: 1

    As I pointed out there is no hypocrisy, he wants access to both violent movies and violent video games limited. Who gets to enforce things, theaters/retailers or law enforcement, does not change this underlying belief. You are merely bringing up an implementation detail, an important one but still only a detail. Which ever way this detail goes does not change the underlying belief so there is no hypocrisy here.

    BS. He is not involved in movie violence at all. His "belief" does not extend to movies, as he is taking zero action to limit access to movies. Whereas for games he's going far past voluntary policies to a law barring sales to minors. A law that has been ruled unconstitutional, a decision which he is appealing. This isn't an "implementation detail", it's the difference between the government being involved and it being voluntary! The day he wishes to wield the power of law enforcement and challenge the courts to stop minors entering R rated movies, then he isn't a hypocrite. Until then, don't tell me he has the same "beliefs" about movies and video games when he clearly does not.

    I'm really not convinced you understand the distinction between voluntary corporate policy like MPAA ratings, and a standard enforced by rule of law, like France's anti-Nazi-memorabilia laws. It's not a matter of implementation. It's a matter of government imposed penalties for violating the code -- that is to say, government censorship. This is exactly as the courts have ruled, and have ruled time and time again. Arnold is fighting them and all of the other court decisions, while not even suggesting that movies be subject to the same regulations, but he has the same "belief" about them? Yah, right. One is a convenient bogeyman, the other was his bread and butter. He knows this game with the courts is one he'll lose, but it's great "save the children" fodder. But dare threaten his political "base" with legislation? Never.

    --

    The enemies of Democracy are
  17. Pragmatic objection to the law by Todd+Knarr · · Score: 1

    My objection to the law, and to Arnold's appeal of the ruling, is that the law doesn't do anything about the problem it purports to address. Sure, it bans the sale of certain games to minors. As a practical matter, most stores won't sell those games to minors anyway. And in every case that's come up as the motivation for these laws, the stores didn't sell the games to a minor. They sold the game to a legal adult, most often a parent of the minor involved, and that adult then gave the game to the minor. Now, what's the store supposed to do when a legal adult comes in to buy those games? They aren't a minor, the store doesn't know what they're going to do with the game after they buy it, on what grounds is the store supposed to refuse to sell it to them?

    And I notice the people pushing these laws aren't also pushing to punish the parents who bought the games for their kids. If the stores aren't supposed to sell those games to minors, why are adults who give the games to minors exempt?

    1. Re:Pragmatic objection to the law by Vicegrip · · Score: 1

      Arnold is doing this to manage his image. That is all. This is yet more legislation that won't do anything other than get him a lot of media notes about "the governor trying to protect kids". And perhaps, more importantly, shore up support amongst conservative voters upset some of his other stances.

      It's also another nice deflector issue he can use to talk about instead of the hard-core financial ones gripping California right now. Don't wanna answer the tough questions? Solution is come up with useless crap to "save the children" and talk about that instead.

      This is all too common. Today's problems are hard, complexe and don't have sexy solutions you can talk about in little sound bites. That's a big problem for politicians trying to be seen as working hard for the voter.

      Voters in large part carry the blame for this by being wholly uninterested for the most part in being self-informed. When 90% of the electorate has the attention-span of a canary on major issues, you need easy-to-understand crap you can toss at them so they think you are doing good things.

      And lets not forget how the media today reports badly and often incorrectly about pretty much everything they inform on that is even slightly technical or requires an expertise.

      --
      Do not spread "09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0" over the internet, thank you.
    2. Re:Pragmatic objection to the law by gilroy · · Score: 1

      If the stores aren't supposed to sell those games to minors, why are adults who give the games to minors exempt?

      Because what you suggest involves telling the citizenry that raising well-adjusted, normal children is somehow their (the parents') responsibility. You never lose an election telling the voters that some faceless Enemy is threatening their way of life. You never win an election by telling the voters it's all their fault.
  18. thats all good. by voraistos · · Score: 0

    How can you actually be against that ? i am not american, but damn, when i was a kid my DOS games were cool, TV was cool, and at the end we were not attacking "grown-ups" in the street with a knife. Strangely i was living in a rough neighborhood though. Nowadays.... woah. Kids are more and more violent, those living in villages talk about the "hood" and their "homies".

      And, btw, just spending time in front of a video game, violent or NOT, makes you physically nervous, so potentially violent. Some kids nowadays seem to live only to get the next playsation :O

    1. Re:thats all good. by Duffy13 · · Score: 1

      And, btw, just spending time in front of a video game, violent or NOT, makes you physically nervous, so potentially violent. Some kids nowadays seem to live only to get the next playsation :O


      While potentially true, I have seen this with anyone who gets incredibly immersed in whatever they are doing, whether it's reading/tv/games/etc.. I do not believe it is singly video games that cause such reactions.

      And if I am interpreting your initial question correctly, we are against it because Video Games are being singled out to be regulated by law. This does not exist in any other media outlet because it is censorship. Self-censorship does exist in other forms of media (MPAA for movies), and as mentioned above does exist for video games in the form of ESRB ratings. The ESRB ratings are followed by the majority of retailers, and those that don't, tend to also ignore the MPAA ratings. However, you must remember that following these ratings is entirely voluntary even though at this point in the US many assume they are law due to widespread practice.

      Therefore, these games are getting to the kids because their parents are buying them, but instead of blaming the parents for not paying attention to their kids and what they buy them, some people would much rather attempt to pass some constitution infringing laws. Ironically, these laws, if they somehow miraculously passed, would inevitably have little effect on keeping inappropriate games away from kids since adults will still be buying them for their kids in the majority of situations.
      --
      "Now you know, and knowing is half the battle!"
  19. Re:No hypocrisy, underlying belief vs implementati by AHumbleOpinion · · Score: 1

    He is not involved in movie violence at all. His "belief" does not extend to movies, as he is taking zero action to limit access to movies.

    Access to movies is already limited, people perceive no need for action.

    Whereas for games he's going far past voluntary policies to a law barring sales to minors.

    That is not hypocrisy, that is overzealousness. There are many valid criticisms of this overzealousness, you offer some of them, but your emotions seems to have made you get hung up on an inappropriate person attack. "Hypocrite" is an erroneous label, there is a consistent belief that access to film and games should be limited. You may write volumes criticizing the overzealousness of government enforcement but that does not change the consistency of the underlying belief. Calm yourself and consider this. If there were a compromise and the implementation was left to the retailer the outcome would be the same. A child attempting to buy a Mature rated Terminator game would be turned away, just as he would be at a theater. Same underlying beliefs, same outcomes, no hypocrisy.

    What would happen to a retailer who refuses to comply and whether the specific legislation is constitutional or not are tangents. They do not affect the underlying belief nor the outcome for the child. They merely show an overzealousness with respect to implementation, a secondary issue.

  20. Schwarzeneger's official response by Tragedy4u · · Score: 1

    "Schwarzeneger's official response to the criticism was, 'I'll be back'"

  21. Re:No hypocrisy, underlying belief vs implementati by Anonymous Coward · · Score: 0

    "Access to movies is already limited, people perceive no need for action"

    What country are you living in? Here in the US, movies are NOT restricted when it comes to minors.

    Even the Federal Trade Commission (FTC) found children were far more successful in getting their hands on R rated DVD movies than M rated video games. Please educate yourself before claiming "Access to movies is already limited, people perceive no need for action" because not only does it make you look simple-minded, but it helps give politicians, who receive campaign contribution from Hollywood, the excuses they need to not attack the movie industry (Yes, Leland Yee, author of the video game bill, received campaign contribution from the MPAA).

    Here's the link to the FTC report:
    http://www.ftc.gov/opa/2007/04/marketingviolence.h tm

  22. Re:No hypocrisy, underlying belief vs implementati by Chris+Burke · · Score: 1

    Access to movies is already limited, people perceive no need for action.

    Right, people see a voluntary rating system that anyone with two brain cells knows is barely enforced as being completely adequate. Access is not limited in any realistic sense. But when the subject is games, then suddenly you need laws on the books where the government defines what is suitable for minors and punishes retailers for violating those standards.

    That's blatant hypocrisy.

    Calm yourself and consider this. If there were a compromise and the implementation was left to the retailer the outcome would be the same. A child attempting to buy a Mature rated Terminator game would be turned away, just as he would be at a theater. Same underlying beliefs, same outcomes, no hypocrisy.

    Engage your brain and consider this: When a child attempts to buy an R-rated ticket for Terminator, and the theater sells the child a ticket anyway... nothing happens. When a child attempts to buy an M-rated Terminator game, and the game retailer sells the child the game anyway... then that retailer would be liable for state-imposed legal penalties if Arnold had his way.

    What planet are you on where that's the "same outcome"?

    It's not the same outcome at all, and it's hugely hypocritical. I repeat: It's not a matter of "implementation", and it's not a matter of "overzealousness". It's censorship vs no censorship.

    Just because he says he feels the same way about games and movies means nothing. Actions speak louder than words, and he is doing nothing about movies, and trying to enforce government censorship of games. His actions say that he only actually cares about limiting minor's access to games. His actions say that he doesn't really mind kids watching his R-rated movies, but keeping kids from playing violent games is so important it requires government intervention. His actions say that his "underlying beliefs" about games and movies are completely different.

    The Courts agree that this is not a matter of zealousness, but a matter of kind. Yet Arnold fights on, proving that he views games as something which require government censorship, while movies do not need anything of the sort.

    Arnold is a hypocrite, and so is anyone who thinks voluntary MPAA movie ratings are fine, but games need a law banning their sale to minors.

    --

    The enemies of Democracy are