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The ESRB Doesn't Take Games Seriously?

Eurogamer has word of comments by the president of developer Factor 5, Julian Eggebrecht. The veteran game developer had some extremely pointed things to say about the ESRB, an organization he painted as 'not taking games seriously'. Says Eggebrecht, "I would be happy if in games we could talk about homosexuality, but we're not even at the point where we can admit that humans have heterosexual relationships, and that is a real problem - and it tends to show that games are not being seen, even by our own ratings boards, as an artform ... It's a flat out bizarre system...It makes it even harder for games than movies because we don't have the intermediate ratings. They don't really tell you what they will object to - they just say 'well, follow the standards that have been set before', which is a problem if you want to push the envelope." There's further discussion of this issue at Ars' Opposable Thumbs blog, which points out that the console makers hold some responsibility here too. Meanwhile, Rockstar is asking for help from the wider games industry to help them to fight the ESRB/BBFC rulings.

29 of 330 comments (clear)

  1. Use lower overhead and release anyway by 192939495969798999 · · Score: 3, Insightful

    If you have a great game, it really doesn't matter what the rating is. Anyone would go and buy the game, even if you had to order it online, or pick it up at the local tiny computer store rather than wal-mart. This is how games like Doom got going; I remember seeing Doom, wolfenstein 3d, etc. for sale in random places when no regular stores were carrying games like that. It may not be as quick a return, but if the game is that good, then it will overcome the censors and be successful anyways (see mortal kombat series also.)

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    1. Re:Use lower overhead and release anyway by WPIDalamar · · Score: 4, Insightful

      To make a great game usually takes a lot of cash. Using alternate distribution channels severely lowers your sales potential. While it's a nice thought, I doubt no matter how good, the big blockbuster games couldn't pay for themselves if they couldn't sell retail.

    2. Re:Use lower overhead and release anyway by Pxtl · · Score: 5, Insightful

      Not true. For a game to be successful, it has to hit the shelves. Since NOBODY carries AO games (the rating reserved for porno and GTA:SA), you have to be careful to avoid that scarlet letter.

      The problem, of course, is any comparison against movies/TV makes this look moronic. If a game was flaunting naked breasts, it would get an AO rating (fundamentally an NC-17 rating for a movie). Meanwhile, movies with topless shots can squeeze in an AA rating if they're careful. Not to mention violence - your average episode of CSI is nastier than what we see in most videogames. Headcrabs are creepy, but they're nothing on that episode of Miami where a guy was wanking off and a giant lampful of maggots fell on him... maggots that were later revealed, graphically, to be coming from the head of a live-but-dying woman on the floor above.

      Which, of course, is why I laugh my ass off about political panderers who talk about "tightening up" the ESRB.

    3. Re:Use lower overhead and release anyway by onion2k · · Score: 4, Insightful

      Lots of big blockbuster games are terrible. Lots of small scale indie games are fantastic. Take a title like Zee-3's "Naked War" http://www.naked-war.com/ - a play-by-email game similar to Advance Wars on the Nintendo DS - written by a 2 person team (albeit with shedloads of experience), very cheap to create compared to big titles, and insanely good fun to play.

      There's absolutely no correlation between the cost of production and how enjoyable a game ends up being.

    4. Re:Use lower overhead and release anyway by SatanicPuppy · · Score: 4, Insightful

      I don't think it could ever have created the hype if it wasn't the 5th(?) game in a massively popular series. A new game, without a massive PR budget, would have serious trouble with an AO rating. Hell, look at Manhunt II; Rockstar didn't just say, "Hah! GTA:SA sold great once it was AO, who cares if they AO this game!" they pushed the release date so they could rework the game to get an M rating.

      If anyone knows the difference in sales, it's Rockstar.

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    5. Re:Use lower overhead and release anyway by db32 · · Score: 1, Insightful

      So? This isn't censorship and I am so sick of people crying foul on this. This is market forces. Show me where Nintendo or Sony or whoever is forced to allow anyone to develop for their console. For christ's sake even the various incarnations of GPL limit how people are allowed to develop software, but frequently noone is crying foul about that.

      If those poor bastards really want to sell over the top games then they can go build their own damn console or build for PC. I swear to god I am so sick of hearing about poor little ol Rockstar. They knew what they were doing when they pulled the Hot Coffee stunt, they knew what they were doing when they made the Manhunt games, they knew what they were doing when they made each and every piece of software that they knew full damn well most people would find offensive. And now they are crying about it? Look I don't really care, its a video game, whatever, I can live without it, not the end of my world.

      Walmart can choose to not sell hardcore pornography, Sony/Nintendo/etc can choose not to license "offensive" video games. Too bad, so sad, try again. Welcome to the real world and market forces. If Sony/Nintendo/etc believed the reward to be worth the risk of signing on with those clowns then they probably would, but they have seen their shenannagins and said "Uhm, yeah, go away, we don't want your stink on us, thanks."

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    6. Re:Use lower overhead and release anyway by Gonarat · · Score: 2, Insightful

      A game produced by a small shop or in the case of Naked War shouldn't need that big of a percentage of gamers to make money. Naked War appears to be a subscription based game at $19.99 (I didn't dig in enough to see if that is per year or month, so I will assume a year). Let assume that the 2 programmers want to make $100,000 each per year and there will be $100,000 per year in expenses for a total of $300,000 per year. At $19.99 per year, they would have to sell 15,000 subscriptions to meet their expenses. It may take some work, but if the game is original, well done, and fun, it should be possible between grass-roots marketing and word of mouth to get those 15,000 accounts.

      Of course, there's the chance that the game will be a bust, but that's part of being in business. It is also possible to be a success -- look at the 2 brothers who started Jib Jab. They turned some little political spoofs made in Flash into a full time business. It can be done, it just takes talent, timing, and luck.

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    7. Re:Use lower overhead and release anyway by aplusjimages · · Score: 3, Insightful

      Though that is somewhat true, the problem with the AO rating is that major retailers won't stock your game. People believe that if your average gamer can't pick it up at Wal-Mart then word of mouth won't help it succeed. In Manhunts case, it would probably be an interesting test to put the game out as is and sell directly from their site. If it did great, then hopefully the game industry could turn the tables on retailers especially stores like Wal-Mart.

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    8. Re:Use lower overhead and release anyway by G+Fab · · Score: 2, Insightful

      He didn't seem to mind that kids wrestle around after watching WWF. He was pointing out that violence is part of our culture.

      I personally think the distinction is that "you" the player are causing the violence and sex in the game, which is less menacing to some than just watching it. It doesn't matter to me, I think AO content should be available so long as it is clearly marked and sold only to adults. It's not ESRB's fault that AO content goes nowhere.

      The sex in GTA: SA without hot coffee was pretty similar to the way most Bond movies handled the topic.

  2. Why do ratings matter? by Ed+Avis · · Score: 3, Insightful

    Do these ratings have any legal weight? Surely PC gamers can just pay for and download the games that they want. Do people still go to shops and buy a shiny disc in a plastic case?

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    1. Re:Why do ratings matter? by conspirator57 · · Score: 5, Insightful

      The ratings are used as a prefilter on your brick-and-mortar selection by said shops' managers. So while they have no legal weight other than age verification at the point of sale a la movies, they impact your ability to obtain a physical copy of some games. Walmart was one of the first and most successful to do this sort of thing among the well known store brands and they're still more conservative than say, EB or (insert mall software shop here.) As to why people still patronize brick and mortar stores, it has several factors.

      Most importantly is the available bandwidth in most homes. While you may be sitting on your cable modem on an under-subscribed segment or on your FiOS link or whatever, most of America, and indeed most of the gaming world has less than a 1Mbps pipe. This makes 7+GB downloads intolerable, especially since most of us have alternate uses for our internet service. Yes you can get a browser that will throttle your download in order to allow other traffic, but that just slows down the download.

      Alternatively, some of us like having backup copies of the games we play and don't trust magnetic media for it.

      Further, there is still a strong psychological tie to purchasing something physical, which trend is especially prevalent in the previous generations buying for their children and grandchildren. Think about it: would all of these businesses maintain shop space in all these cities and personnel to staff them if it weren't profitable. It's not like it's a lark that a single chain recently took that has yet to prove itself.

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      Self evident."
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  3. Could be... by niceone · · Score: 2, Insightful

    The ESRB takes games too seriously - it's the gamers they don't take seriously.

  4. Do we really need... by fmarkham · · Score: 3, Insightful

    Do we really need content descriptors such as "Crude Humor", "Alcohol Reference", and most shocking of all, "Comic Mischief"?
    http://www.esrb.org/ratings/ratings_guide.jsp#desc riptors

  5. The ESRB exists for a few reasons by Zerth · · Score: 5, Insightful

    Originally, it was to protect the game industry from heavy handed government action. But lately, it has been even more heavy handed, because it isn't required to respect the first amendment, in order to appease all the helicopter parents that can't read labels and think videogames == kids.

    However, there is only one real reason or goal that underlies the ESRBs actions and encompasses all of the above.

        To keep getting paid for a job that doesn't require any heavy lifting or thinking.

    And it will continue that way until videogame companies go the route of comic publishers, giving the ratings system the finger and putting out good "adult-only" title as out-of-store PC-only games until stores and consoles realize that there is money there and they show the ratings system who is the servant.

    1. Re:The ESRB exists for a few reasons by GalionTheElf · · Score: 2, Insightful

      Except videogames have been "pushing the envelope of appropriateness since its inception" too. And film went through some pretty dark times too before coming to be the all-swearing, all-bleeding, all-nude eyegasm that is today.

      I can sort of see where you're going with board games, but I don't think rugby or American football, as played at the adult level, would be appropriate for children. So we have five-a-side and stuff like that for the kids existing alongside the adult version.

      Just thinking aloud really, I can see where you're coming from but I doubt videogames will go the way of Monopoly et al.

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  6. Re:I never thought I'd be cheering corporate power by faloi · · Score: 2, Insightful

    Or, does the video game industry have enough power (read: money) yet to get government to change the rules?

    Obviously not, or some senators wouldn't be calling for probes into video games. They don't seem to have a problem with their buddies in Hollywood, though...

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  7. Change AO to 18+ by Ender77 · · Score: 4, Insightful

    I think part of the problem is the AO rating, It looks too much like XXX in movies. I think if it was changed from Ao to 18+ that would take away a lot of the inherent fear that AO titles have. It is less threatening and it says exactly what age group it is for. I do think that is still a band aid solution but it is a start. A huge part of the problem is that all the console makers will not allow AO products on their gaming system and the big chains will not sell it. The industry needs to grow out of this impression that video games are for kids. The average gamer is in his 30's, they need to wake up to the huge market base out there they are missing out on.

  8. Re:I never thought I'd be cheering corporate power by badasscat · · Score: 5, Insightful

    Let's hope this means the ESRB will go the way of the National Legion of Decency. That is, maybe people will just stop paying attention.

    Or, does the video game industry have enough power (read: money) yet to get government to change the rules?


    The ESRB is the industry. Jesus Christ, how many times does it need to be said? The ESRB is comprised of representatives from the industry itself and is funded by dues paid by the industry. A quick glance of their web site would have confirmed this for you - what do you think "self-regulatory" means? All ESRB members are signatories of its charter and rules. That includes Rockstar, that includes Factor 5.

    The ESRB has nothing whatsoever to do with government. That's why it exists; to head off government intervention.

  9. Hollywood-ization of the games business by Kohath · · Score: 2, Insightful

    I would be happy if in games we could talk about homosexuality...

    And how would that conversation be fun exactly? How would it entertain your audience? Have the gamers of the world been asking for games that "talk about homosexuality"?

    The game industry is facing a new threat. It's this Hollywood-ization factor. Game makers are starting to forget their audience and their mission, just as many film-makers have forgotten.

    To game and film makers: You are in the entertainment business. No one wants to hear about your ridiculous opinions on politics, culture, or anything else. No one wants to play a videogame where the object of the game is to maximize the game-creators' social climbing.

    Tell a story. Show us some nice graphics and animation. Challenge us. Focus on game play.

    Leave your teaching, preaching, whining, awareness-building, and all the rest of your nonsense -- anything that's about you and not about the audience -- for your blog entries that no one reads.

    1. Re:Hollywood-ization of the games business by Gulthek · · Score: 2, Insightful

      It's called plot. While I'd be the first to agree that we have been burned by video game 'plots' before, I truly believe that the medium does have serious potential for engaging story.

      Examples: 'Eternal Darkness', 'Final Fantasy 3', 'Galatea', 'Psychonauts', 'The Longest Journey'

    2. Re:Hollywood-ization of the games business by Anonymous Coward · · Score: 1, Insightful

      How does talking about homosexuality equate to venting unwanted opinions? Don't 95% of holywood films include talk of or references to heterosexuality? How is being censored not a problem? Can't I as a developer just do whatever I want, as much as you can choose whatever game/movie/book you want? I mean, if there's a place for tentaclepr0n, there's place for a videogame with a gay, right?

      Jeez.... You sure you're no member of the ESRB? Or you just from the MidWest and can't help yourself?

    3. Re:Hollywood-ization of the games business by mwvdlee · · Score: 4, Insightful

      I take it you prefer dime-a-dozen hollywood direct-to-DVD releases to art-house movies?

      For some of us, using our brain is a form of entertainment.

      Though I don't see how homosexuality would make for a good game, I welcome games which actually bring more than just superficial action. And I'm sure somebody would be able to make a good game out of that subject (or in fact _any_ kind of sexuality, if given the chance. It's about time games started tackling more delicate subject manner in a thoughtful way.

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    4. Re:Hollywood-ization of the games business by Vellmont · · Score: 4, Insightful


      To game and film makers: You are in the entertainment business. No one wants to hear about your ridiculous opinions on politics, culture, or anything else

      Right. That's why Michael Moore is out of business and makes no money. Agree with him or not, you can't deny the fact his films are political, and quite popular (and make money).

      The fact is that people are entertained by political, cultural, etc films. Why should games be any different? The problem is so far those political, cultural, etc games are just bad, racist, or both (super-columbine-massacre was bad, those nazi extermination camp games are racist (and likely very bad, I've never played them). In any media it's a lot harder to make politics or culture entertaining. Just because YOU don't want those games doesn't mean others don't.

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      AccountKiller
  10. Homosexuality? by kextyn · · Score: 5, Insightful

    I would be happy if in games we could talk about homosexuality, but we're not even at the point where we can admit that humans have heterosexual relationships Apparently Eggebrecht has never played The Sims. In The Sims your characters can have relationships with whoever you want. This includes homosexual relations, and you can even have several partners at the same time. They even let you have sex (censored of course, and called a "woohoo") with a same sex partner. This is a T rated game too. I don't see a need to "talk about" homosexuality in games. If the developer wants homosexuality in the game they should just make it happen and not try to draw extra attention to it, like in The Sims. It should just be a normal thing and the characters shouldn't act weird about it, or it shouldn't be in there at all. It's just like real life. I don't care if you're gay, but you don't have to go around telling everyone you meet you are and putting stickers on your car, etc.

    1. Re:Homosexuality? by Nazlfrag · · Score: 2, Insightful

      You left out homosexual incest, for double the family fun! Perhaps the fact the sims gets away with it might have to do with pixelisation as a comfortable and acceptable censorship.

  11. adult content = art ? by Bob-taro · · Score: 4, Insightful

    Despite this, Eggebrecht encouraged his fellow developers to continue pushing against the boundaries of what was acceptable in order to establish games as an artform. He concluded: "I hope that we actually can prove that this is an artform. Show me something that proves on all levels that games are indeed an artform - push the violence, but also push the sex, and push it in an artistic way where it's not really gratuitous, but where it gets my thinking brain going."

    So why does more violence and sex make it more of an art form? How about more of a plot? More character development? I can understand about artists wanting no boundaries and not wanting their creativity stifled in any way, but I don't think boundaries are always bad. Eggebrecht draws a parallel with movies and complains about how much movies can get away with compared to video games. Well, let's look at movies in the old days, where they had to work around more limits. In a way that gave them the opportunity to be MORE creative, because they had to SUGGEST more than they could display. Hitchcock movies are VERY suspenseful, even though the violence and gore were pretty tame by today's standards.

    You will always have ratings boards or something similar because some consumers WANT them. One person's "art" may offend someone else, so people want to know what they're getting into when they watch a movie or play a game. You may have the right to create whatever content you want, but you can't force me to watch it, and you can't force ESRB or anyone else to give it an "E for everyone" rating.

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  12. Re:I never thought I'd be cheering corporate power by tbannist · · Score: 3, Insightful

    That's not entirely true. The ESRB is caving in to government pressure and kissing politicians asses to try and keep the U.S. government from creating a ratings board. Much of the asshatery that is going on can be traced back to the influence of Jack Thompson who, as a snake-bellied moral grandstander, has cozied up to a number of politicians who should know better and fired them up over the hot coffee scandal.

    This is the fall out, the ESRB is scared that it will be replaced with a real censor board, and so now they're ending up being stooges for the government even though they're supposed to the be the industries stooges.

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  13. The thought of a gamer and future parent by RaigetheFury · · Score: 1, Insightful

    We need ratings. I said it. We need a group to help parents understand what level the game is at. There should be set policies about what rating a game should get. Right now there is a lot of gray area. Now me personally, I don't buy the "art form" garbage going around but at the same time they don't have much of a choice due to this gray area.

    What we need more than anything are basic guidelines, or rather a checklist that a publisher must fill out about each game

    1) Does this game contain nudity? (yes/no).

    As a future parent... i don't give a damn if it's an art form or not, if billy is 6 years old he doesn't need to see that content. However if he's 16... I might be more apt to let him depending on my feelings about his maturity.

    2) Does the game contain adult language (yes/no).

    Adult language would contain curse words (S***, F***... you get the idea). It would also contain sexually explicit language... as to me that falls under ADULT language.

    3) Does the game contain graphic violence? If so, are you jumping on their head? Are you shooting them in the head? Are you using a flame thrower in 1080i that slowly melts their skin as they scream in horrible pain?

    While the above is a generalization, you can easily see the age differences with the examples.

    The three above cover 99% of the problems we have encountered. Instead of having the agency rate the game, have the agency monitor how publishers rate their games. Create a system that is easy to follow and that publishers are then responsible for the content in their games and they know before they go up to the ESRB what their rating will be. If they mislabel it it will be obvious and they will be fined.

    But right now... we don't have that. WE have a group of random individuals who rate games who have motives and different levels of beliefs on what is sexually explicit or not. We need to agree upon what makes a game this or that. Forget art. C'mon... that's an excuse. I'm glad you think it's art, it's still you pounding a hooker...

    The problem comes with, WHO should be making up these rules. That's what the fights about right now. ESRB thinks they should, parents think they should, publishers think they should... so who should decide? Everyone has a motive for their own personal gain.

  14. Re:Hot Coffee was bad enough by databyss · · Score: 3, Insightful

    I think that "Eurogamer" being the first word in the summary should have been a hint right there.

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