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ESA Seeks Money For Legal Fees From CA

The Escapist is reporting that the Entertainment Software Association (ESA), frustrated with the costs incurred from their successful battle to overturn the state's violent videogame law, is now going after California for legal fees. "The ESA is claiming the legal battle, which led to the overturning of the "fundamentally flawed" law, cost a total of $324,840. If granted, it will bring the costs awarded to the industry in First Amendment defenses to nearly $1.9 million, spread across eight other jurisdictions that had attempted to pass similar laws." The site also reports that California Governor Schwarzenegger has followed through on his promise to appeal that overturn, seeking to restore the legislation championed by Leland Yee.

54 comments

  1. Good by eln · · Score: 1

    Maybe if they are able to recover more money, that the California taxpayers will eventually have to pay, the California voters will get pissed off and vote out the clowns that passed legislation they should have known would be doomed. It's bad enough to waste time and money passing blatantly unconstitutional laws, but even worse when similar laws have already been struck down by the courts in other jurisdictions. Were they hoping that every game publisher in the country would just let their law slide and not bother to challenge it, even though those same publishers had already successfully challenged similar laws?

    1. Re:Good by nomadic · · Score: 3, Funny

      the California voters will get pissed off and vote out the clowns that passed legislation they should have known would be doomed.

      These are California voters. The same people who elected Arnold Schwarzenegger. ARNOLD SCHWARZENEGGER. Do you think they're a rational group of people?

    2. Re:Good by ThosLives · · Score: 5, Insightful

      It's interesting that a quote from an article about the law itself from its supporter Leyland Yee says "They fought efforts to publicize their rating system because they thought it would impact sales, and now they're again putting their profit margins over the rights of parents and the well-being of children."

      The thing that gets me is he (and probably others) think that not having warning labels somehow infringes on the rights of individuals, in this case parents, to make an informed decision about purchases. Personally, I don't see how having a label or not having a label has anything to do with rights. Warning labels may fall into the realm of product liability, but I don't think that really applies to any form of intellectual property. The concept that certain ideas can be harmful is a very dangerous one; my opinion is that the only times certain ideas are harmful is if they are implemented, not if they are discussed or considered.

      In this particular instance - video games - the parent always has the right to watch the games their child plays, as well as the right to take that game away from the child (well, I'm sure some people would argue against that right, but I think that's a valid parental responsibility - and therefore they have to have the right to do it. If you take away that parental 'right', then parents must also be indemnified for the actions of their children (because they don't have the right to 'interfere' in their child's life), and I don't see many courts wanting to tackle that issue. In fact, I don't think I want to live in a society that would do such a thing.)

      --
      "There are a dozen opinions on a matter until you know the truth. Then there is only one." - CS Lewis (paraprhase)
    3. Re:Good by P2PDaemon · · Score: 1

      In related news, the violent videogame law was last seen walking away from the courthouse saying "I'll be back!"

    4. Re:Good by pokerdad · · Score: 1

      Maybe if they are able to recover more money, that the California taxpayers will eventually have to pay, the California voters will get pissed off and vote out the clowns that passed legislation they should have known would be doomed.

      Dream on; for every nerd that thinks this was a waste of money there are 100 parents and grandparents who don't care about the constitution when you should be thinking of the children.

      Were they hoping that every game publisher in the country would just let their law slide and not bother to challenge it, even though those same publishers had already successfully challenged similar laws?

      Yes. From their perspective the government is in the right and the game companies are EVIL, and when you are fighting EVIL you do whatever it takes, including passing laws you know will fall.

    5. Re:Good by click2005 · · Score: 1

      "Only in a repeal" Damon Killian

      --
      I am a free slashdotter. I will not be modded, blogged, DRM'd, patented, podcasted or RFID'd. My life is my own.
    6. Re:Good by Aaron+Denney · · Score: 4, Funny

      The concept that certain ideas can be harmful is a very dangerous one;
      Such delicious irony
    7. Re:Good by ThosLives · · Score: 1

      *grin*

      (Glad to see someone's paying attention!)

      --
      "There are a dozen opinions on a matter until you know the truth. Then there is only one." - CS Lewis (paraprhase)
    8. Re:Good by plague3106 · · Score: 1

      The same people who elected Arnold Schwarzenegger.

      What, an actor can't be informed? They can't think critically or be well reasoned? Do you think he's only as smart as the character he played in Connan?

    9. Re:Good by teflaime · · Score: 1

      You almost strike to the heart of the real issue here: there is a large segment of parents who no longer want to parent. They want the government to do it for them. They want laws passed so they don't have to make decisions and teach their children. The answer is to repeal all those laws and make them parent. If they don't want to research the computer games their kids are playing, then don't let them have computers. Maybe the little bastards will learn how to read then.

    10. Re:Good by cliffski · · Score: 2, Insightful

      does everyone have time to do that? do YOU do that? have you read the magazines they read? watched the TV shows? listened to the radio programs? have you read the list of ingredients on the food they eat?
      Most people think its good that food has how much fat and sugar it contains written on the packet. If so, what's wrong with a game having how much violence and sex is in the game on the box?
      Bioshock has an 18 certificate printed on the box cover. I'm fine with that. What's the problem? cigarettes in the Uk even have SMOKING KILLS written by law on every packet. Is that a problem?

      --
      DRM-free indie games for the PC and Mac: Positech Games
    11. Re:Good by nomadic · · Score: 2, Informative

      What, an actor can't be informed? They can't think critically or be well reasoned? Do you think he's only as smart as the character he played in Connan?

      His campaign used his celebrity, not well-reasoned thought. He had almost no formal education, little experience politically, and was basically voted in because he was famous. It's not enough just to be "informed", "think critically", and be "well reasoned".

    12. Re:Good by ShadowsHawk · · Score: 1

      Right. Just like the thoroughly corrupt Governor Rod Blagojevich and his cronies suffered for their efforts to save the children. The fact is, most people will never hear about their tax dollars being wasted and the government officials can claim that they tried to do the right thing.

    13. Re:Good by ultranova · · Score: 3, Insightful

      It's not enough just to be "informed", "think critically", and be "well reasoned".

      Maybe, but being any one of these would make one a better than average politician.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    14. Re:Good by amuro98 · · Score: 1

      My biggest problem here is that the Governator already tried to pass this law, only to get slapped down by the courts. Instead of trying to address their concerns, he just turned around and submitted the same stupid bill with its same blatant unconstitutional writings.

      This wasn't "...but think of the children!" this was clearly something the Governator did to try to soothe his hurt pride, which resulted in nothing more than a big waste of EVERYONE's time and money. I only hope that the court forces Arnold to personally pay the fees - as opposed to passing the cost onto the people of CA, most of whom are sick of paying for the government's screwups.

    15. Re:Good by RexRhino · · Score: 1

      His campaign used his celebrity, not well-reasoned thought. He had almost no formal education, little experience politically, and was basically voted in because he was famous. It's not enough just to be "informed", "think critically", and be "well reasoned". And this is different than most politicians, how?

      Look, I am not saying that Arnold is some sort of genius... but the rhetoric, reasoning, and intelligence displayed by Arnold doesn't seem any different than any other politician. And at least Arnold was a very successful buisnessman... unlike most career politicians who haven't worked an honest job in their lives.

      Have you even watched a presidential debate? Their "debate" wouldn't even cut it for a high-school debate team.

      Arnold fits into politics perfectly.
    16. Re:Good by RexRhino · · Score: 1

      So do you agree that it would be perfectly fine to give the Bible an NC17 rating for the sex and extreme violence involved... so parents can make a reasonable decision. You agree, that people who wanted to rate the Bible NC17 would be totally concerned about the children, and not have an anti-Christian agenda in any way?

    17. Re:Good by RexRhino · · Score: 1

      Food and cigarettes are apolitical. Artistic expression is not.

      If you rate or censor any sort of media, you are protenially restricting the political expression of some people.

    18. Re:Good by Egdiroh · · Score: 1

      In Conan (the barbarian), the character was well educated before being freed, and I believe went on to be a king with a long rule.

      So maybe only being as smart as Conan isn't so bad.

    19. Re:Good by HTH+NE1 · · Score: 1

      His campaign used his celebrity, not well-reasoned thought. He had almost no formal education, little experience politically, and was basically voted in because he was famous. It's not enough just to be "informed", "think critically", and be "well reasoned". He also had a long name amongst a large list of candidates on the same ballot reordered to an alternate alphabet (RWQ...) and rotated between districts for "fairness", making searching for "long straw" names(*) the easiest method to find his name while disadvantaging shorter names(**).

      (*) The only names to be printed longer on the ballot were Lawrence Steven Strauss; William "Bill" S. Chambers; D. (Logan Darrow) Clements; Nathan Whitecloud Walton; Kurt E. "Tachikaze" Rightmyer (the longest); Charles "Chuck" Pineda Jr.; James M. Vandeventer, Jr.; and John Christopher Burton. Lorraine (Abner Zurd) Fontanes and David Laughing Horse Robinson were wrapped to two lines.

      (**) S. Issa was the shortest as printed, shorter than both Van Vo and Angelyne.
      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    20. Re:Good by HTH+NE1 · · Score: 1

      I only hope that the court forces Arnold to personally pay the fees - as opposed to passing the cost onto the people of CA At least for any additional fees incurred from his personally appealing the ruling he should personally be on the hook for.
      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    21. Re:Good by He+Who+Has+No+Name · · Score: 0

      My understanding is he has a degree in economics. Can't remember the source, but I'm pretty sure I've read it in more than one place. He's not Hawking, but he's by no means stupid.

    22. Re:Good by nuzak · · Score: 2, Interesting

      > He had almost no formal education, little experience politically, and was basically voted in because he was famous.

      Probably right about why he was voted in. In his defense, he was President of the Screen Actors Guild. Anyone who can manage that bunch of prima donnas has some political acumen. No, I didn't vote for him.

      --
      Done with slashdot, done with nerds, getting a life.
    23. Re:Good by sanosuke76 · · Score: 1

      Well, it also made use of the fact he wasn't Cruz Bustamante. I voted for Aanold, but it was primarily a vote against Bustamante.

      CA's got enough problems without a card-carrying Meccha member for governor. I wouldn't want Cruz in any more than I'd want some KKK turkey.

      --
      My 229 is all the Sig I need http://thegunwiki.com/
    24. Re:Good by hawk · · Score: 1

      Electing him is not the scary part.

      The scary part is that tossing out the governor to put him in was *rational*.

      hawk, shuddering years later

    25. Re:Good by Obsi · · Score: 0

      s/Screen/Film/g

    26. Re:Good by MaskedSlacker · · Score: 1

      Amen. I almost vomit every time I walk past the Mecha office on campus. Racist, fascist pigs.

    27. Re:Good by Anonymous Coward · · Score: 0

      Gosh, that spells FAG, aren't you so funny. I bet you have all the other 9 year olds rolling in the isles.

    28. Re:Good by Obsi · · Score: 0

      Mod parent -1 (Troll, not getting Team America World Police reference)

    29. Re:Good by Anonymous Coward · · Score: 0

      It was actually funny in Team America: World Police. Kind of.

  2. I hope the ESA gets paid by FrostDust · · Score: 1

    I'm frustrated, and partly embarrassed, every time a politician goes on a witch hunt just to garner votes, mostly because our country needs people in office who think of their title as more than just a popularity contest. While its unfortunate Californians are the ones that have to foot the bill for Arnold's political stunt, more and more people will realize the true cost of politicians who pass legislation just for the positive boost it gives their image, and be wiser than to vote for candidates campaigning on moral crusades.

    1. Re:I hope the ESA gets paid by faloi · · Score: 1

      Arnold's political stunt? Don't forget the state Senator championing the bill. Everybody has to get held accountable, not just the ones you especially don't like.

      --
      "It is a miracle that curiosity survives formal education." -Albert Einstein
    2. Re:I hope the ESA gets paid by Half+a+dent · · Score: 1

      Very true but Arnie's actions have a certain hipocracy about them considering his portrayal of violent characters in movies and the use of his likeness in the inevitable video game tie-in (has the state Senator ever played a violent killing machine from the future too?).

      A shame really because his movies are good fun and I hate to think of him as selling out.

  3. Such a waste by paladinwannabe2 · · Score: 2, Informative

    "Governor Rod Blagojevich spent nearly $1 million in a failed defense of an unconstitutional videogame law, which ultimately resulted in cash being drawn from public health and state welfare programs in order to cover the cost."

    It's bad enough that they are passing these stupid laws in the first place, but wasting that much taxpayer money to defend them after the fact is just sad. Won't someone think of the poor and sick children?

    --
    You are reading a copy of my copyrighted post.
    1. Re:Such a waste by plague3106 · · Score: 0, Flamebait

      Good, welfare is a total waste of money and should be shut down. Take the kids and move them to parents that CAN take care of them.

    2. Re:Such a waste by Duffy13 · · Score: 1

      While in principal I agree, that doesn't stop the bad parents from reproducing again...and oh look an endless cycle. Then again, I have no idea what the numbers for adoptions look like in the US.

      --
      "Now you know, and knowing is half the battle!"
    3. Re:Such a waste by paladinwannabe2 · · Score: 2, Insightful

      While welfare can be a waste of money, I can't believe you're supporting taking cash from welfare and diverting it to lawyers.

      --
      You are reading a copy of my copyrighted post.
    4. Re:Such a waste by plague3106 · · Score: 0, Flamebait

      The solution to that is simple; have kids when you can't care for them, you're sterilized.

    5. Re:Such a waste by Alzheimers · · Score: 1

      What's worse is that we have to pay to defend ourselves from our own elected government to keep the very rights they want to take away. A conspiracy theorist might suggest that these laws are being lobbied for by the lawyers who want to see them fought and overturned. You could make the case that they want the moral precedent set in our favor, but when it takes exorbitant fees to pay for such a maneuver it's grossly mismatched against the benefit to the state.

      The best bet for taxpayers is to not elect these kinds of grandstanding greasy-palmed bozos at all.

    6. Re:Such a waste by Duffy13 · · Score: 1

      Fuck free health care, I want free lawyers.

      --
      "Now you know, and knowing is half the battle!"
    7. Re:Such a waste by Anonymous Coward · · Score: 0

      Then again, I have no idea what the numbers for adoptions look like in the US. No one adopts U.S. kids. They adopt kids from China or Guatemala or Romania. If you adopt kids from the U.S., in 5 years you are going to have the crack-head mother of the child sue the adoptive parents for custody and child support payments and win. Adopting U.S. kids is just too risky to mess with, unless maybe it is an aunt or uncle or relative adopting the kid.
    8. Re:Such a waste by orgelspieler · · Score: 1

      How else will they be able to afford SUVs, private schools, and skiing trips for their kids? Won't somebody think of the lawyers' children?!

    9. Re:Such a waste by Scudsucker · · Score: 1

      Yes, because the only thing worse than defending free speech is getting paid decently for doing so.

  4. Where are these parents that CAN take care? by FatSean · · Score: 1

    There are thousands of children in foster homes waiting for adoption, but nobody wants them. 'Welfare' as you broadly paint all social assistance programs, pays the foster parents to cover costs.

    You may want to rethink your unfunded mandate.

    --
    Blar.
    1. Re:Where are these parents that CAN take care? by ShadowsHawk · · Score: 1

      I know of SEVERAL families that have adopted from overseas because they do not want to risk the legal entanglements that come with a local adoption. Personally, my wife and I will probably adopt at least one child and we're not even considering a local. The risk/reward is simply too high so we're forced to spend around $30,000 to adopt from China, Russia, Vietnam, etc.

    2. Re:Where are these parents that CAN take care? by amuro98 · · Score: 3, Informative

      "There are thousands of children in foster homes waiting for adoption, but nobody wants them."

      That's not entirely true... A know a couple who wanted to adopt, yet the application paperwork alone took them 2 years - with a lawyer - to complete. Only then, were they even allowed to start looking.

      At one point, they seriously considered just joining one of those "baby-express" tours to China. It would have cost them about the same amount, but would have only taken 6 months, as opposed to the 3 years they eventually spent finding a child.

    3. Re:Where are these parents that CAN take care? by plague3106 · · Score: 1

      That's really great; let American kids not have a family, because you don't want to be inconvenienced.

      No one is forcing you to spend anything at all, you are choosing it, and it seems that you don't think American kids are worth the trouble.

    4. Re:Where are these parents that CAN take care? by ShadowsHawk · · Score: 1

      Have you ever seen an orphanage in Mexico or Guatemala? To be an orphan in American is a terrible thing. To be an orphan in other countries can be a death sentence. As far as being 'inconvenienced'; we don't want the risk of having a biological parent claiming custody a year or three down the line. We also do not want an 'open' adoption that many require. Perhaps you should do a bit more research before condemning me.

    5. Re:Where are these parents that CAN take care? by plague3106 · · Score: 1

      To be an orphan here isn't much better. Quite often foster kids in America are abused in one way or another.

      If you're worried about the biological parent causing problems, work to fix the problems. Get a law in place that doesn't allow them to ever claim custody once adopted. Personally this 'parental rights' garbage is just that. Any two idiots can pop out a kid, so what?

      I have family members that have adopted, I am well aware of the issues. I still think we should get our own house in order before trying to save other countries.

    6. Re:Where are these parents that CAN take care? by ShadowsHawk · · Score: 1

      I agree and would love to see the American system change, but no law maker is going to rule against a biological parent since it would be political suicide. I think my time would be better spent trying to adopt a child who isn't likely to make it to their 18th birthday.

  5. DOOMED! I say... by sabt-pestnu · · Score: 1

    Maybe if they are able to recover more money, that the California taxpayers will eventually have to pay, the California voters will get pissed off and vote out the clowns that passed legislation they should have known would be doomed.

    Sorry, cause and effect are too distant. You're talking about (on the order of) $300K out of a $1.5 trillion (with a T) GDP, and an annual total revenue of $50 billion (with a B).

    If you earn $100,000 a year, it would be equivalent to you losing a penny in the couch.

  6. Re:Ratings by Grech · · Score: 1

    Mandated industry ratings boards are, at best, marketing tools, and worse, a mechanism for making an end run around the Constitution. Note here that the 'mandate' can come from the government, or as a result of threatened government action (as was the case with the ESRB, the MPAA, and, to a certain extent, the CCA)

    The exmple of the MPAA rating system is the most instructive. The groups that applied the pressures which indirectly caused the creation of the MPAA ratings system were not interested in informed choice. They were interested in stamping out 'objectionable material'. Ratings allowed this to happen on a much greater scale than before. Where previously, a fundie/fascist/parents'/'children's' group would have had to picket, letter-write, or generally raise a stink about each title directly, now it was just a simple matter of applying pressure on the theaters to never show anything that carried an "X" ("X" is now "NC-17", apparently because someone neglected to trademark "X" in total ignorance of the market forces that move porn) As a result, "R" grew to encompass most of "X/NC-17" and the latter rating became a commercial kiss of death. Substitute "M" for "R" and "AO" for "X/NC-17" and you see the same thing happening again, just with games instead of movies and Wal-Mart in place of National Amusements (Sony, as always, plays itself) . The 'top' rating becomes tiny and de facto banned, and the 'second' rating covers everything that should have been in the 'top', because the 'top' becomes a convenient label for anything that will corrupt your children, grow hair in strange places and give you scoliosis.

    --
    It may not be just, but it is fair, and that is more important.
  7. Blame the child-protectors for that. by FatSean · · Score: 1

    All the paperwork to prevent adoption by gay people, or 'sexual offenders' who peed in public, etc... is all reactionary shit designed to appeal the craven 'protect the children' demographic.

    Maybe we should fix that before we start dismanteling the welfare system. That welfare system helped my mothers family in the 1960s. They got government housing and food for a couple when my grandfather was injured and lost his job, and that let them keep going until more work could be found for him.

    --
    Blar.
  8. Blame parents. by FatSean · · Score: 1

    How did all those crazy rules and regulations come about, you wonder? The child-protection crusaders.

    --
    Blar.