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Interview with 'Anti-Gamer' Senator Leland

strwrsxprt writes "Game Almighty recently had the chance to speak with Senator Leland Yee about his views on the validity of California Assembly Bill 1179, which was designed to criminalize the sale of Mature rated games to minors and require retailers to keep Mature games separated from other games. He also shares his thoughts on everything from the effectiveness of the ESRB and the place AO games have in the market, to the movie industry and their rating standards in relation to games. His answers might just surprise you."

157 comments

  1. Surprise surprise by Anonymous Coward · · Score: 1, Interesting

    A politician in front of an audience says things catered to that audience. Ever watched a video of Hillary Clinton in front of, well, anybody? Same nonsense, they know what you want to hear and they'll say it. The bill is still bupkus and he is still an anti-gamer. This him in front of a group of social conservatives and he'll cash in all he can on having supported a bill "restricting those bad videogames."

    1. Re:Surprise surprise by Anonymous Coward · · Score: 1, Informative

      How is illegalizing sale of materials rated for an adult, to a minor, anti-gamer?

      Adult gamers should still be able to purchase these things just fine.

    2. Re:Surprise surprise by AmaDaden · · Score: 5, Insightful

      The bill is still bupkus and he is still an anti-gamer.
      This is this kind of attitude that the gaming community needs to avoid. If we are going to get anywhere with this dispute on how adult games should be dealt with we need to listen to both sides. It sounded like the Senator was being honest and logical. Even if he was lying about his plans we would be able to call him on it if he changes his tune latter. The bill does not look like it was out to stop games dead in their tracks but to prevent the sale of adult games to minors. That's not all that bad of a thing. We do it with drugs and alcohol. I don't think that it is a necessary restriction, but that is my opinion. Instead of foaming at the mouth every time a law maker tries to pass a misguided law we need to explain what is wrong with it. I don't think we want to be as loud and stupid as Jack Thompson.
    3. Re:Surprise surprise by C0rinthian · · Score: 1

      Because it isn't needed in any other entertainment industry? There is no law preventing a store from selling R-rated movies to 10 year olds, and I don't see anyone raving about that...

    4. Re:Surprise surprise by ObiWanStevobi · · Score: 1

      Instead of foaming at the mouth every time a law maker tries to pass a misguided law we need to explain what is wrong with it.

      In a perfect world, that sounds great. In reality, it is completely ineffective. Why does everyone on this site know who Jack Thompson is, yet we don't remember a user that made a remarkably insightful comment ten minutes after we read it? The average person is a moron and don't have any use for a logical, well reasoned argument. If what I said weren't true, we wouldn't have 99% of the people in government there. We wouldn't have Bill O'Reilly, Lou Dobbs, Ann Coulter, Keith Olberman, Rush limbaugh, etc, etc, etc filling "news" or "informational" air time.

      Civil and rational argument is dead. If it's not packaged into a few second talkiing point, people don't have time for it. If it isn't inflammatory, people aren't interested.

      While an attitude such as yours is admirable, sadly, I think you're tilting at windmills.

    5. Re:Surprise surprise by HTH+NE1 · · Score: 1

      How is illegalizing sale of materials rated for an adult, to a minor, anti-gamer?

      Adult gamers should still be able to purchase these things just fine. No mainstream vendor will want to have to be responsible for training their employees to accurate sort between who are the under-18 minors and who are the 18-and-older adults. Not the technical training of checking IDs and spotting fakes, and not for absorbing the penalties if they falsely identify a minor as an adult. You don't find stores that sell video games also selling tobacco (same age restriction in the US).

      If the same laws and penalties existed to prohibit sale of R-rated or unrated movies to minors as being applied to M-rated games, it is likely you would see those movies disappear from shelves, and probably from many on-line vendors as well.
      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    6. Re:Surprise surprise by Anonymous Coward · · Score: 2, Insightful

      Be honest. You're only talking about movies. Children aren't allowed in strip clubs. Leave the hyperbole at home.

      There may not be a law preventing a store or theater from letting children watch R-rated movies, but as you note, it isn't needed. The industry voluntarily takes care of this themselves. Hence, there is no need for a law.

      The gaming industry as a whole (there are many exceptions to be sure) has no issue selling such games to minors.

    7. Re:Surprise surprise by dal20402 · · Score: 4, Insightful

      No mainstream vendor will want to have to be responsible for training their employees to accurate sort between who are the under-18 minors and who are the 18-and-older adults. Not the technical training of checking IDs and spotting fakes, and not for absorbing the penalties if they falsely identify a minor as an adult. You don't find stores that sell video games also selling tobacco (same age restriction in the US).

      Oh, please. If gas station and convenience store employees can do it, game store employees can do it. It won't cost retailers nearly enough to make selling games (or movies, for that matter) unprofitable. There are plenty of good reasons for opposing a bill like Yee's. This is not one of them. Use your strongest arguments.

      Personally, I'm more concerned that the bill would help propel us into a situation like we have in movies, where even the best NC-17 movies are considered "porn" and ghettoized, resulting in a bunch of watered-down pabulum.

    8. Re:Surprise surprise by bluemonq · · Score: 1, Insightful

      And it's because most people think the way that you do and simply go along with it that the situation has become what it has today.

    9. Re:Surprise surprise by Lost+Engineer · · Score: 1

      Video stores aside (none of them will sell R-rated movies to kids anyways), there are laws in some jurisdictions (North Texas comes to mind) that make it illegal for minors to see R-rated movies without their parents. I don't know if it's also illegal to sell the tickets, but I have seen theaters go out of their way to prevent sales, and the police occasionally enforce the age restrictions at the door.

    10. Re:Surprise surprise by Lost+Engineer · · Score: 1

      Umm, which store is this that sells M-rated games to minors? For at least that long (about ten years), all major retailers have refused to sell M-rated games to minors. I've never seen any retailer do that, although I'm sure it's happened before. It's hard when the guys working the counter at the store are also fifteen and their friends come in.

      Besides kids don't have any money. Their parents are the ones buying the games for them. You can't criminalize that. If a kid is old enough to earn hundeds of dollars a year then he's old enough to buy whatever video games he wants.

    11. Re:Surprise surprise by AmaDaden · · Score: 1

      You make a good point. However think about all the fanatics who were wrong in history. Joseph McCarthy is the most recent. He did get a lot of people behind him but given a little time everyone figured out that what he was saying was stupid.

      I might just be idealistic but I get the feeling that the loud alarmist might get herd first but once people realize he is just talking shit they ignore him even if he finally does have something meaningful to say. It happened to McCarthy and it's happening to our buddy Jack. Those people you listed are just as crazy but, sadly, they have people in the US who agree with what they are saying. So it's a little different. But with the growing dissatisfaction in the current administration I don't think they will be able to talk that way for much longer. I don't keep up with main stream news but I get the feeling that their ratings have already dropped.

      Long story short, I still believe that while a loud idiot wins the battle, a sane person with facts behind them wins the war.

    12. Re:Surprise surprise by Neo_piper · · Score: 1

      Umm, which store is this that sells M-rated games to minors? Electronics Boutique / Gamespot
      Oh and everyone else
      Just like movie theaters in the case of R rated films (a case could be made for a NC-17 film or AO game) the enforcement is completely non-compulsory and dependent on the vigilance of a (near) minimum wage worker who just isn't paid enough to care.

      Besides kids don't have any money. Their parents are the ones buying the games for them. So I take it you didn't read TFA?
      Anyway I seriously think you are over estimating the amount of time available to parents in an average two income family, allot of kids anymore receive their allowance on the and spend it no questions asked.
      Yes lack of parenting is a problem, yes it's getting worse (look at serious proposals for starting public "school" at 4 and younger).
      Senator Yee puts forward a nuanced, well thought out (maybe even by himself personally *gasp*) argument for a more transparent and through game rating system that in addition to having any sort of legitimacy (looking at you ESRB) may even have the force of law.
      Will it STOP kids, hell no, go look at the delinquents smoking behind the High School. But at the very least it will give the kids a reason to be nervous and think a little.
    13. Re:Surprise surprise by Anonymous Coward · · Score: 0

      And yet with all the big signs and pamphlets we can't teach most adults with children what the big M means on the games they grab so little Bobby shuts up and lets them shop in peace...

      Or teach Uncle Joe that he might want to call his sister and her husband before he just grabs the most colorful box in the game isle for the little nephew's birthday party...

    14. Re:Surprise surprise by rtechie · · Score: 1

      There may not be a law preventing a store or theater from letting children watch R-rated movies, but as you note, it isn't needed. The industry voluntarily takes care of this themselves. Hence, there is no need for a law. The gaming industry as a whole (there are many exceptions to be sure) has no issue selling such games to minors. When was the last time you were carded at Blockbuster? I've never seen them card anyone. I was never rejected at a Century or AMC theater (the two biggest chains) for an R-rated movie when I was under 18. Not once. The indie theaters didn't card anyone for anything. Most of the people at Spike & Mike's Sick and Twisted Animation Festival are kids. There are lots of little liquor stores and video stores around here that stock porn mags and vidoes and most of those places sell to kids. And yeah, the strip clubs around here let kids in too. Every been to Vegas? There are kids all over the casinos and strip clubs.

      Basically, it seems like videogames are held to a higher standard than other media because they're perceived as a "kid's media" like comic books. It has slowly dawned on American legislators that comic books aren't just for kids, and aren't a popular as they used to be, so they don't have the same scrutiny anymore. Anime has convinced Americans there's a place for adult animation. Eventually legislators will find something else to whine about "for the children".

    15. Re:Surprise surprise by C0rinthian · · Score: 1

      Be honest. You're only talking about movies. Children aren't allowed in strip clubs. Leave the hyperbole at home.
      I'm talking about movies, music, and print media. None have government regulations until you hit the level of pornographic content. M-rated games are NOT in that category. (and most are tame compared to R-rated movies) Trying to compare a M-rated game to a strip club makes very little sense.
    16. Re:Surprise surprise by Lord+Kano · · Score: 1

      No mainstream vendor will want to have to be responsible for training their employees to accurate sort between who are the under-18 minors and who are the 18-and-older adults.

      Yeah, because that's so much more complicated than differentiating between those who are over and under 17 when they sell used R-Rated DVDs.

      You don't find stores that sell video games also selling tobacco (same age restriction in the US).

      Wal-Mart, bitch!

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    17. Re:Surprise surprise by gonebursar · · Score: 1

      I have to agree. When you look at it, the Senator is one of those rare non-gamers who has grasped the idea that not all video games are intended for children. More, he seems to have realised, if in a round about way, that most people don't understand this. They aren't educated on the subject, and don't care to be, and would far rather legislators wield the ban stick in the interests of making the medium into the kiddie corner. Rather than ban entirely, he seems to think the best option is to restrict by age, something the industry is supposed to be doing of its own accord anyway. While I think we'd all prefer it if every soccer mom on the planet suddenly clued in, properly enacted legislation that could do more for changing the perception that games are only for kids than pretty much anything else.

    18. Re:Surprise surprise by cosinezero · · Score: 1

      "Personally, I'm more concerned that the bill would help propel us into a situation like we have in movies, where even the best NC-17 movies are considered "porn" and ghettoized, resulting in a bunch of watered-down pabulum."

      -->Simple enough to get around that; Release your title under as low(widest audience) of a rating as you can get, then allow downloadable content for the over-the-top stuff.

      You'll make a mint on sales of the downloads.

  2. Smarter replies than I expected by Sciros · · Score: 4, Insightful

    I wonder if that's a good thing, though...

    As reasonable as many of his answers were, I disagree with the entire notion of "sheltering" kids from the very real and ubiquitous violence around us, whatever form it's in. On top of that, you will end up with the *wrong* people in prison if you criminalize something like selling ESRB-rated M games to kids 17 and under.

    Somehow I wish this guy was as loony as Jack Thompson so he'd be easier to debunk and toss to the wayside. There's nothing more dangerous than someone who can think [somewhat] logically and still pushes for harmful policy.

    --
    I like basketball!!1!
    1. Re:Smarter replies than I expected by everphilski · · Score: 4, Insightful

      As reasonable as many of his answers were, I disagree with the entire notion of "sheltering" kids from the very real and ubiquitous violence around us, whatever form it's in.

      You read his answers, but not well enough. He said parents can decide for their children if they want them to be playing violent video games. Parents can purchase games that their children cannot purchase, and let them play them. Nothing wrong with that. The laws he proposes only affect the point of sale.

      In all honesty I think he hits it right on the money.

    2. Re:Smarter replies than I expected by Sciros · · Score: 1

      No I read his answers quite closely. He followed what you mentioned with something along the lines of "parents can't be there all the time," "parents work 12 hour days," etc. So him saying that he's putting all the power into the hands of the parents is a bit misleading. "Parents have full power, but since they can't exercise it, I want the government to do it for them." Oh and I suppose he also feels that if parents find out someone sold their kid an M-rated game they'd want the seller to get jail time, since that's what his bill proposes.

      Don't fall for it bro.

      --
      I like basketball!!1!
    3. Re:Smarter replies than I expected by Anonymous Coward · · Score: 0

      As reasonable as many of his answers were, I disagree with the entire notion of "sheltering" kids from the very real and ubiquitous violence around us
      In thirty years of life, I've never been physically present in a room with the body of anyone who died of anything other than old age, and I've only ever seen guns in the hands of airport security guards.

      So forgive me if I say I'm not sure exactly what part of reality going for headshots in Halo is supposed to prepare me for. It's damn good entertainment, but it's hardly an essential life skill.
    4. Re:Smarter replies than I expected by cowscows · · Score: 4, Insightful

      I think this guy is mostly right though. Parents have a difficult balance to try and manage between monitoring their kid's activities and allowing them some freedom to grow. A law that doesn't have any direct effect on the existence of certain video games, but merely restricts the sale of them to children doesn't seem particularly problematic to me. It's up to people with a better understanding of legalese than I possess to decide if a specific law is properly written to accomplish only that, but I have no problem with the idea of it.

      I guess I don't see the policy as being particularly harmful. It's not saying that these games are illegal, it's not even saying that letting a child play the game is illegal. It's just about making a small part of parenting a little bit easier. It's not about pretending that violence doesn't exist, it's about helping parents control how their children are exposed to and learn about that violence. I don't think that violent video games, movies, or even porn will have a serious negative impact on your average well-adjusted child, but at the same time I would appreciate the ability as a parent to somewhat control how my child gets introduced to these things. The ESRB is a start, but unless game retailers really start enforcing it, then it's not really having much of an impact. It's probably easier for the movie industry to self-regulate, because there's relatively few theaters out there compared to stores that stock games, but I'm still surprised that the game industry and the retailers don't have their act together a little better on all of this. Maybe the threat of these laws will move that process along.

      At the end of the day, I don't think this law accomplishes all that much. Most kids don't have the resources to go buy a $50 video game on their own. An adult likely helped out somewhere along the way, either knowingly or not. This law won't eliminate bad or indifferent parenting. I doesn't seem like a "slippery-slope" issue to me, nor should it make games any harder for adults to get their hands on.

      --

      One time I threw a brick at a duck.

    5. Re:Smarter replies than I expected by Sciros · · Score: 2, Informative

      Hey good for you, buddy. You make a clever point and I should tell my friends in the armed forces that only airport security guards carry guns so they shouldn't worry about running into any any time soon. People only die of old age, anyhow.

      It's not about teaching life skills, it's simply that sheltering kids from violence is nonsensical, likely pointless, and possibly harmful in the long run because people (including kids) are violent and in certain parts of the world (and the US) very much so. Of course you don't deal with it *better* by having been exposed to violent games or whatever, but if parents shelter their children too much then they end up with some complexes down the road and I have personally witnessed this. Besides that, if we consider simply the playing of violent games on its own (and assume children are not sheltered in other needless ways in addition) then it is not harmful and it makes not a bit of difference whether a kid plays them or not.

      --
      I like basketball!!1!
    6. Re:Smarter replies than I expected by IndustrialComplex · · Score: 2, Insightful

      And what that means is I will again be needlessly 'carded' whenver I want to buy a game. It's the same crap with alcohol that is used as a rallying cry for sleazy politicians to rally the overprotective parents.

      So, the annoyance of being carded aside. Lets not forget that we don't need to go further down the path of expanding the amount of time people remain 'children'. This is not a labor law, where unfair working conditions forced children to work in dangerous conditions.

      You have to work to survive, it is pretty much a requirement of life, and therefore easily abused. Unlike child labor, people can't be forced INTO purchasing this game. Children aren't forced to do this sort of thing so their families can survive.

      The only 'children' buying MA rated games are the following:

      1. Children whose parents gave them a large amount of cash and didn't provide oversight.
      2. Children who have their own jobs and saved the money.
      3. Children who saved their allowance for such a game.

      In the first example, the problem is poor parental oversight.

      In the second two examples, the 'child' showed remarkable maturity and in that case, should meet the requirements of the MA rating.

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    7. Re:Smarter replies than I expected by Sciros · · Score: 1

      I find *criminalizing* a sale of a non-weapon and non-controlled-substance to anyone to be a "slippery slope" issue. Realize that it means if you sell a 16-year-old Gears of War you can face jail time. How the HECK is that a fair reflection of what parents would want? (Some parents maybe, but by golly not all!)

      --
      I like basketball!!1!
    8. Re:Smarter replies than I expected by jimstapleton · · Score: 1

      2+2 != 10000

      More aptly, he is stating that he is helping the parents excercise their control.

      i.e. "Kids will have more difficulty bypassing their parents at the times the parents can't be there."

      Its quite valid really - A parent working 12 hours a day can still manage to go out shopping at least once a week - and pick up a game during the trip if they decide the kid can have it. Conversely, without this legislation, it would be a lot easier for a child bypass the parents concerns about what games he or she can buy.

      --
      34486853790
      Connection too slow for X forwarding? Try "ssh -CX user@host"
    9. Re:Smarter replies than I expected by Anonymous Coward · · Score: 0

      So forgive me if I say I'm not sure exactly what part of reality going for headshots in Halo is supposed to prepare me for. It's damn good entertainment, but it's hardly an essential life skill.
      The victims of Columbine, had they been armed, could have used those skills.

    10. Re:Smarter replies than I expected by SevenDigitUID · · Score: 1

      3. Children who saved their allowance for such a game. In the second two examples, the 'child' showed remarkable maturity and in that case, should meet the requirements of the MA rating.

      A 12 year old who can save 10 dollars a week for 2 weeks to get an MA game off the discount rack shows "remarkable maturity" to you? Not to mention that kids get money for birthdays, Christmas/Hanukkah/Kwanzaa/3 Kings Day/Winter Solstice (quite the haul if you are Black Jewish Catholic Pagan. I'm not trying to take a stand on one side or the other here, but your argument doesn't hold water.
    11. Re:Smarter replies than I expected by TheVelvetFlamebait · · Score: 2, Insightful

      There's nothing more dangerous than someone who can think [somewhat] logically and still pushes for harmful policy.
      One thing that I consider more dangerous is someone who still believes themselves correct and refuses to modify their opinions even in the face of something unmistakably reasonable.
      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    12. Re:Smarter replies than I expected by jimstapleton · · Score: 1

      I've seen a lot of cases of #2 in high school

      9 out of 10 of those kids were NOT responsible. They had a job, yes, but they screwed around with their lives, and ended up going no where with their lives. Some of them abused drugs (I'm not saying just used, even people who noted a difference between used and abused would call this abuse). Some of them went from job to job, not holding one for long before getting fired, some were violent, some were in gangs...

      Sorry, but #2 is certainly not a hallmark of responsibility. At some time periods, it is can also be a hallmark of a desperate-for-workers economy.

      --
      34486853790
      Connection too slow for X forwarding? Try "ssh -CX user@host"
    13. Re:Smarter replies than I expected by cowscows · · Score: 1

      Well maybe jail-time just for selling a game is a bit ridiculous as a penalty. But reasonable fines would not be problematic. Like I said, the specifics of any particular law might be debatable, but the basic premise of restricting sales to minors doesn't bother me.

      The industry would be in a much better position to help dictate the specifics of these laws (or even avoid them entirely) if they could get their act together in terms of their own ratings system, and enforcement of such.

      --

      One time I threw a brick at a duck.

    14. Re:Smarter replies than I expected by moderatorrater · · Score: 1

      There's nothing more dangerous than someone who can think [somewhat] logically and still pushes for harmful policy. He thinks the same thing about you I'm sure. The point of the matter is that he's coming from a different perspective than most of the people on slashdot, he realizes there are a lot of very valid concerns coming from parents, and he's trying to make a compromise the best way that he can. He understands the issues and he's stood up for free speech in video games before. The balance he's striking might not be the balance that you or I want, but at least he's willing to look at the issue rationally before deciding and campaigning.
    15. Re:Smarter replies than I expected by Solra+Bizna · · Score: 1

      The victims of Columbine, had they been armed, could have used those skills.

      Knowing how to twitch a joystick and time a button press helps one with aiming a real gun? At best, they would have been overconfident in their "skill," and behaved more recklessly and stupidly (and probably died).

      -:sigma.SB

      --
      WARN
      THERE IS ANOTHER SYSTEM
    16. Re:Smarter replies than I expected by Anonymous Coward · · Score: 0

      I find *criminalizing* a sale of a non-weapon and non-controlled-substance to anyone to be a "slippery slope" issue.
      Once it becomes a criminal act to sell an item, that item becomes a controlled substance - therefore it can never be the case that it is criminal to sell a non-controlled substance. The only "slippery slope" here involves "items that currently are not controlled may become controlled in the future", which happens all the time.

      Realize that it means if you sell a 16-year-old Gears of War you can face jail time.
      I'm not going to dispute this, as it is a factual statement.

      How the HECK is that a fair reflection of what parents would want? (Some parents maybe, but by golly not all!)
      If legislation required a unanimous consensus, the government would grind to a halt. Some parents may support this, and those seem to outnumber those that do not. There's something wrong with defining "fair reflection" as being no less than 100% of a sample set - you are not making sense.
    17. Re:Smarter replies than I expected by jmpeax · · Score: 1

      I disagree with the entire notion of "sheltering" kids from the very real and ubiquitous violence around us, whatever form it's in. I agree, and I think much of the problem is that the people defending the sale of violent games are scared to take this line, and instead make it solely a constitutional affair, rather than a social one. That is, it is easier for Rockstar to say that restricting the sale of their games is unconstitutional than it is for them to argue that kids shouldn't be sheltered from observing the violence inherent in reality. This undermines the whole process, though: critics are then able to accuse the game industry of not caring about the welfare of children and using the constitution to make money by protecting their right to sell to vulnerable kids.
    18. Re:Smarter replies than I expected by RingDev · · Score: 1

      Holy crap~ $10 week!?!? Man, when I was a kid I got $1 a week and I had to work my ass off for it. I even got a raise when I got to Junior High, $2 a week.

      While I agree that the money argument doesn't necessarily hold water, I don't think that parents giving their children hundreds of dollars a year for unsupervised spending is exactly a wise idea either. Not that I think there should be a law against it though ;)

      -Rick

      --
      "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
    19. Re:Smarter replies than I expected by Sciros · · Score: 5, Insightful

      .. Because this legislation CRIMINALIZES the sale of games to minors. *Criminalizes* is the key word, and you have to think about what that means. Your addition problem analogy is indeed appropriate here, because I simply cannot see jail time being a fitting penalty for selling a minor an M-rated game. To attempt to make a point with an extreme (bad tactic but I'll try it) why don't we just propose a law that states "if you sell a minor a game, you get lethal injection" because yes without that law it would be a lot easier for a child to bypass parent concerns. However, who is to say that parent concerns include making sales of violent games to their children a felony? Imagine if you are a parent whose child (18+, under 18, whatever) works at a game store in Cali? Now you have to worry about him accidentally screwing up, selling something like Gears to a high school junior, and facing prison time for it!

      This is "quite valid"?!?

      --
      I like basketball!!1!
    20. Re:Smarter replies than I expected by Opportunist · · Score: 1

      Doesn't anyone question why parents are working 12 hours a day? And whether that MIGHT be a reason why some kids have no idea about morals, values and limitations, which is usually just the reasons why people like aforementioned Senator wants laws like this?

      Get the parents back to their kids and make them raise the kids instead of handing all power to the state, and you'll see far more and more efficiently executed moral standards and good citizens than the government ever could achive!

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    21. Re:Smarter replies than I expected by ivan256 · · Score: 1

      I think he craftily dodged the point, and steered the interviewer away from asking the hard questions as only a good politician can.

      He turned it around on the industry, claiming that they can only oppose the law if they actually want to sell these games to children... But that's not why the industry opposes the rule. The industry is afraid, rightfully so, that many stores will stop carrying M rated titles to avoid the risk of prosecution.

    22. Re:Smarter replies than I expected by RingDev · · Score: 1

      [quote]You read his answers, but not well enough. He said parents can decide for their children if they want them to be playing violent video games.[/quote]

      I think you might want to go back and re-read them again... Specifically:

      [quote]Sen. Yee: No. Time and time again, the ESRB has proven it can not be trusted and is not a very valuable tool for parents.[/quote]

      The ESRB is not responsible for the sales/distribution of games to minors. They are responsible for rating games so that distributors know who it is appropriate to sell the game to. By saying that the ESRB is a failure, he is saying someone else needs to perform those ratings. That someone else will be the Government. And if the Government were to instruct retailers on which video games they could sell to whom, regardless of content or purchaser, that is the definition of censorship.

      [quote]Congress shall make no law [...] abridging the freedom of speech[/quote]

      If the law says "Sell this game to that person and go to jail!" it sure sounds like a law abridging the freedom of speech to me.

      -Rick

      --
      "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
    23. Re:Smarter replies than I expected by Opportunist · · Score: 1

      Man, when I was a kid I got $1 a week and I had to work my ass off for it. I even got a raise when I got to Junior High, $2 a week.

      Yeah, the times were hard after WW2...

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    24. Re:Smarter replies than I expected by Sciros · · Score: 1

      Pick one or the other, man. Either this puts more power into the hands of the parents or it does not. Your last statement sounds like "it puts more power in the hands of SOME parents, less in others, but that's democracy so it's okay." Uh-huh. My whole point is, this Legislation should not exist in the first place! Naturally if it must, then you have to deal with majority vs. minority and perhaps finding some middle ground in the detail, but that's not the point I'm making.

      As for the "controlled substance" discussion, ok that's semantics and I meant something like illegal drugs. So there, weapons and illegal drugs (and perhaps fireworks and other physically hazardous materials). When you start to criminalize something based on the moral view of some people and not others, it becomes a slippery slope. (The US may have been on it for some time already, though, but that shouldn't make my concern any less valid...)

      --
      I like basketball!!1!
    25. Re:Smarter replies than I expected by RingDev · · Score: 1

      /. markup pwnt my bbcode markup. Imagine that.

      -Rick

      --
      "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
    26. Re:Smarter replies than I expected by Sciros · · Score: 1

      o.O ... Clever words, but if you find jailing someone who sells a kid an M-rated game "unmistakably reasonable", then you're part of the problem here.

      --
      I like basketball!!1!
    27. Re:Smarter replies than I expected by Opportunist · · Score: 1

      Actually, they're easier to debunk. Once everyone and their dog realized that they're spewing bullcrap, they lost. At least when it's someone trying to sell an opinion.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    28. Re:Smarter replies than I expected by Bud+Dickman · · Score: 1
      I take it you never snuck into an R-rated movie? I, as a parent, don't mind if my kids try to get access to adult games or violent movies. It'll make them more industrious and, also as a parent, I'll always find out what they're up to. If I think they've gone and gotten a video game that they shouldn't have (and really, my kids aren't such shallowed idiots that they're going to be scarred by a violent video game), I can take it back. Why involve the government and police in this matter?

      Have you been rallying support for making the movie theaters accountable for letting minors into R-rated films without a parent of guardian?

    29. Re:Smarter replies than I expected by everphilski · · Score: 1

      The industry is afraid, rightfully so, that many stores will stop carrying M rated titles to avoid the risk of prosecution.

      And that's their prerogative. Game manufacturers can feel free to sell games directly if stores will not carry them.

    30. Re:Smarter replies than I expected by Miraba · · Score: 1

      The ESRB is a start, but unless game retailers really start enforcing it, then it's not really having much of an impact. It's probably easier for the movie industry to self-regulate, because there's relatively few theaters out there compared to stores that stock games, but I'm still surprised that the game industry and the retailers don't have their act together a little better on all of this. Maybe the threat of these laws will move that process along.

      Maybe you want to see the FTC's report on the issue. Here's the failure rates:

      R-rated movie ticket: 39%
      M-rated video game: 41%
      R-rated movie on video: 71%
      Unrated movie on video: 71%
      CDs with "Explicit Content" labels: 76%

    31. Re:Smarter replies than I expected by C0rinthian · · Score: 1

      Please keep in mind that this kind of restriction does not exist in other entertainment mediums. (Except for extreme instances, such as pornography)

      If a store sells a R-rated movie to a 16 year old, is it a criminal offense? No
      If a store sells a Steven King book (sex and violence) to a 16 year old, is it a criminal offense? No.
      If a store sells a CD with a parental advisory sticker to a 16 year old, is it a criminal offense? No.

      So why should selling a M rated game (Not AO) to a minor become criminal? Why the double standard?

    32. Re:Smarter replies than I expected by RingDev · · Score: 1

      I ain't that old! The 80's weren't easy, but I wasn't eating dirt. And $2/week as a young teenager in the early 90's wasn't that bad either. No car, no gas, no smokes, no cell phone. I mean, what does a 12-14 year old kid have to blow their money on anyways? I lived out in the boonies, so if I wanted to see a movie, the parents were coming with (and buying) anyways. The closest roller-rink was 15 miles, so again, parents had to be on hand to drive/pay. Heck, at that age all I had to blow my money on was junk food, and it took a 12 mile round trip bike ride to get it. On those occasions I did want to make some extra cash, there was always hay bails that needed tossing, or some harvest to pick for, or even the occasional baby-sitting gig.

      Growing up in the city is a huge difference I know (as I'm now trying to raise my son!) but the basic premise still remains, if your kid doesn't have money, they'll have a much more challenging time getting a hold of inappropriate games from retailers. Not that that is the end all be all solution. I mean, how much did you pay for your first porno mag? Luckily, most /. readers are smart enough to check their children's installed applications list from time to time, just like my mother was smart enough to check under the mattress from time to time. And if my son figures out how to hide an application from the WMI, I figure he's earned the reward ;)

      -Rick

      --
      "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
    33. Re:Smarter replies than I expected by IndustrialComplex · · Score: 1

      If you throw in the 'holiday' money to children then you end up back in the situation where parents are giving their children the means without providing the oversight.

      But you wouldn't pass a law to stop them eating junk food with that money. It is much easier to tie a 'cost to society' to obesity than it is to violent video games.

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    34. Re:Smarter replies than I expected by everphilski · · Score: 1

      That someone else will be the Government.
      you put those words in his mouth. He didn't state that. And you misquote him in the first place. He never inferred that they were in charge of distribution, merely a tool for parents. For reference, the question was, GA: Do you believe that the Entertainment Software Rating Board (ESRB) is effective in monitoring and policing the game industry and its content?. His reply: Sen. Yee: No. Time and time again, the ESRB has proven it can not be trusted and is not a very valuable tool for parents. Agree or disagree, he answered the question about monitoring and policing, not sales and distribution as you put it.

      If the law says "Sell this game to that person and go to jail!" it sure sounds like a law abridging the freedom of speech to me.

      So not selling alcohol to a ten year old is abridging freedom of speech? Not dispensing drivers licenses to ten year olds is abridging freedom of speech? Sorry, I think you've taken this too far.

    35. Re:Smarter replies than I expected by TheVelvetFlamebait · · Score: 1

      OK, let me clear this up. I don't think that it should be a crime to sell a violent game to a minor. The issue is that the original poster was all but convinced, he found the senator's arguments logical, it's just that he pulled out because he let his preconceptions trump the new influences. Kinda like what you're doing here, where you treat your opinion like a fact, rather than something dynamic and open to influence.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    36. Re:Smarter replies than I expected by Anonymous Coward · · Score: 1, Interesting

      While I agree with the concept of the bill - Kids shouldn't have access to Adult games - I disagree with his methodology.

      The following scenario seems all too possible:
      >If Mr. Manager at the Big Box store, and needs to reshelve his games in order to keep a new classification separate from another classification (and train his wage slaves about the rules), then that's an expense, especially if he gets in trouble if they aren't trained correctly, not to mention the bad press.

      So what is he likely to do? Not order any of game AO, because it's a pain in his ass. It's the reason why Big Box stores carry plenty of G, PG, PG-13, and R DVDs, but you have to go to a p0rn store to buy X-rated DVDs (*)

      Mr. Publisher wants to distribute his game to as many big-box stores as possible. So he green-lights games that have a wider distribution: those that aren't rated AO.

      It's a bad law because it dictates HOW a store is to obey the law, instead of simply laying out the rules and the penalties.

      (*) I realize the proliferation of "Uncut and Unrated" editions of popular movies undermines my argument, but i've never seen an "Uncut" edition that could be mistaken for p0rn.
      (**) As a second counterargument, the movie theater industry lobbied against NC-17, declaring that it would ruin movies, and drive the entire industry into G and PG rated art. Obviously, that's what happened

    37. Re:Smarter replies than I expected by Sciros · · Score: 1

      Well yes I am aware that I treated my opinion as fact there, but when laws turn opinions into unavoidable "facts" as far as society is concerned if you know what I mean, I kinda play by those rules...

      I'm the OP, by the way ^^ it's not that my preconceptions trumped new influences per se; rather, I find the Senator's motivations noble but his methods horribly flawed. And noble motivations driving flawed methods is in my eyes a dangerous thing. I can't help but feel that way. (As an aside that setup often makes the most interesting and dangerous villains in fiction. ^^)

      --
      I like basketball!!1!
    38. Re:Smarter replies than I expected by Sciros · · Score: 1

      I agree, it's silly to say that violent games teach valuable skills, and the Columbine incident is not an example of the victims reacting poorly due to being sheltered from violence or some-such (I'd say that was more an issue of the police being absolutely terrible at carrying out their responsibility, but I digress). The AC, although somehow on my side of the argument, misunderstood that my original point was one of *not shelteringn needlessly* rather than *teaching life skills*

      --
      I like basketball!!1!
    39. Re:Smarter replies than I expected by Anonymous Coward · · Score: 0

      huh? How can legislation be enforced if there is no criminalization when someone disregards it?

    40. Re:Smarter replies than I expected by Jaysyn · · Score: 1

      Running With Scissors seems to be doing fairly well at this I might add.

      --
      There is a war going on for your mind.
    41. Re:Smarter replies than I expected by Sneftel · · Score: 2, Informative

      Because this legislation CRIMINALIZES the sale of games to minors. *Criminalizes* is the key word, and you have to think about what that means. Your addition problem analogy is indeed appropriate here, because I simply cannot see jail time being a fitting penalty for selling a minor an M-rated game.
      Heh. Looks like you didn't actually read the bill. Nobody's going to be sent to jail for violating this law.
      --
      The opinions stated herein do not necessarily represent those of anybody at all. Deal with it.
    42. Re:Smarter replies than I expected by RingDev · · Score: 1
      I disagree. We both agree he said "the ESRB has proven it can not be trusted and is not a very valuable tool for parents". Regardless of the question that prompted that statement, his message is clear, the ESRB needs to be replaced. And his replacement for a self regulating industry board is, the Government. That much is inarguable. For better, for worse, who cares, it is unconstitutional and that is that. Heck, if you don't believe me, go read the freaking bill! It specifically states what acts it considers immoral and states that selling a game with state deemed immoral acts will result in a fine.

      So not selling alcohol to a ten year old is abridging freedom of speech? Now you're just being silly. But to tread down this path of silliness, no it is not abridging their freedom of speech, but it is a dumb law. The not-a-drop laws create a situation where children learn how to drink not with supervision and safety in mind, but in basements, fields, unchaperoned parties, etc... How many kids die each year to alcohol poisoning or alcohol related fatalities because they were drinking with out supervision and with out knowing how alcohol would effect them? And why were they drinking behind closed doors? Because any parent who thinks to teach their child how to drink appropriately before they wind up in those situations is liable to be sent to jail and loose their child. Some state laws give some leniency on the matter, but the over arching standard is that we are forcing kids who would like to experiment with drinking to do so in the most un-safe conditions possible. Instead of creating an environment where there are limits and safety nets, we create situations ripe for tragedy.

      -Rick
      --
      "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
    43. Re:Smarter replies than I expected by Sciros · · Score: 1

      Well yes, I didn't read the bill, but I am also lazy and don't live in Cali and like to argue with people.

      Ok reading it, it's a maximum fine of $1000, not even close to jail time. Does this go on your permanent record, though? Can it screw you over in that sense? If so, it's still too harsh, although not nearly as harsh as I assumed based on the Senator's words.

      --
      I like basketball!!1!
    44. Re:Smarter replies than I expected by Sciros · · Score: 1

      BTW, it's not prison. It's a maximum fine of $1000 according to the law. I don't know if it goes on your permanent record, that would still suck huge and IMO would outweigh the severity of the offense. Anyway, due to laziness I was spreading FUD woohoo!

      --
      I like basketball!!1!
    45. Re:Smarter replies than I expected by Lost+Engineer · · Score: 1

      And to think... what if they were drug abusing gang bangers and played Halo. They'd be like running a drive by with a rocket launcher.

      I'd rather have the kid fragging me online than tagging my mailbox.

    46. Re:Smarter replies than I expected by geckofiend · · Score: 0, Flamebait

      If you're worried about the penalty you could of course just not sell an M rated gamer to a minor.

    47. Re:Smarter replies than I expected by Ren.Tamek · · Score: 1

      Could someone provide an outline of what the law actually says? We have this exact law here in the UK, and if a company does sell an 18 rated game to a minor it is a criminal offence. The clerk themselves are not personally sent to court however, but the company is fined a certain amount based on the circumstances, and then the offender is probably fired. The way I understood the proposed law, this was what the senator was suggesting.

      Incidentally, considering manhunt 2 was just banned again here, i'd say our country has more to learn from yours than vica-verca.

      --
      "If you want a vision of the future, Winston, imagine a boot stamping on a human face forever." - George Orwell, 1984
    48. Re:Smarter replies than I expected by Mindspider · · Score: 1

      If a game is sold to a minor, the punishment would fall on the company, not the individual. Gamestop would likely be fined, and the kid in question probably fired, but nothing so dramatic as your son being thrown into jail over Gears of War.

      --
      "A mind, once expanded by a new idea, never returns to it's original dimensions." -a Super King Buffet fortune cookie
    49. Re:Smarter replies than I expected by Sciros · · Score: 2, Interesting

      Yes indeed, I was spreading FUD due to laziness. It's a "maximum fine of $1000" or something like that; not jail time.

      Yeah banning Manhunt 2 is lame, even though it is totally a rubbish game and shouldn't have been made in the first place.

      --
      I like basketball!!1!
    50. Re:Smarter replies than I expected by sanosuke76 · · Score: 1

      Halo is a poor choice of comparisons there. However, Medal of Honor or Call of Duty (I don't remember which one it is, that provides you with no reticle if you're just running around - if you want to aim, you use the iron sights) would have shown an incremental improvement.

      That having been said, there's no substitute for practice with the real thing. And so, I type this while quietly grumbling that I haven't gotten to sight in my new 50cal yet... :)

      --
      My 229 is all the Sig I need http://thegunwiki.com/
    51. Re:Smarter replies than I expected by Opportunist · · Score: 1

      I didn't pay for my porn. My grandpa had a shop where you could buy them (provided you're old enough), and some of them miraculously disappeared. I was 8 at that time, btw.

      Still, for some odd reason I'm neither gone blind nor crazy. But it means that I shall never enjoy Baywatch.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    52. Re:Smarter replies than I expected by Sciros · · Score: 1

      Well yes but that's not the healthiest of outlooks in the sense that it disregards the severity of the penalty entirely! ^^ What if it *were* something quite serious, and you had a friend/child/whoever working in a position where that penalty mattered? (Say a vg store clerk)

      --
      I like basketball!!1!
    53. Re:Smarter replies than I expected by djasbestos · · Score: 1

      ...just not sell an M rated gamer to a minor.

      You do know slavery is already illegal, right?
    54. Re:Smarter replies than I expected by everphilski · · Score: 1

      And his replacement for a self regulating industry board is, the Government. That much is inarguable.

      I don't see how. He never said it, you are presuming it.

      Heck, if you don't believe me, go read the freaking bill! It specifically states what acts it considers immoral and states that selling a game with state deemed immoral acts will result in a fine.

      Yes. These things are called 'guidelines'. Guidelines the ESRB can follow. Guidelines are not a regulatory board. That's the whole point of this legislature: since selling a certain type of game is illegal to minors, you must specify what makes a game illegal. You need to see the tree from the forest.

      Now you're just being silly.

      No, I'm not. It comes down to the same principle - minors do not have the same rights as an adult. Their caretakers (parents, legal guardians, what have you) are allowed oversight to make exception (for example, your parents can let you drive on private property, drink, etc. as a minor. But as a minor you can not purchase these things, must be purchased by an adult and done under the consent/monitoring of a parent. This extends very readily to the consumption and purchase of movies, pornography and - oh my - software). Case closed.

    55. Re:Smarter replies than I expected by holt · · Score: 1

      Their caretakers (parents, legal guardians, what have you) are allowed oversight to make exception (for example, your parents can let you drive on private property, drink, etc. as a minor. But as a minor you can not purchase these things, must be purchased by an adult and done under the consent/monitoring of a parent. This extends very readily to the consumption and purchase of movies, pornography and - oh my - software).

      I don't think that's entirely true, at least not in all jurisdictions. You correctly point out that minors can drive on private property, but that's because drivers' licensing laws don't restrict who can operate a vehicle, they restrict who can operate a vehicle on public roads. They don't have anything to say about driving on private property.

      OTOH, I'm fairly certain that alcohol laws (at least in Illinois, where I'm from) forbid the possession of alcohol by minors, regardless of where they're located (i.e., even if they're on their parents' property), who gave it to them, or who they're with. I'm not sure if they specifically forbid consumption, but it's fairly difficult to consume something without possessing it first, and in any event I do think that consumption is forbidden as well.

      Parents/legal guardians are not necessarily allowed to overrule these guidelines for their kids. It may be unlikely that they'll be caught, but that doesn't mean that they're actually allowed to do it.

    56. Re:Smarter replies than I expected by ivan256 · · Score: 1

      Sure it's their prerogative, but why shouldn't the game industry be concerned about it?

      My claim wasn't that it would be wrong for retailers to do this... It's a valid concern of the game industry that this might happen... But my main point was that it is disingenuous to assert that the only reason the game industry would oppose this legislation is that they want to sell 'M' rated games to children; which is exactly what this politician said.

      I fail to see how your comment is a response to my comment in any way, other than to raise an implied strawman argument, after quoting me out of context.

    57. Re:Smarter replies than I expected by LrdDimwit · · Score: 0

      It is a matter of fairness. The law must be equally applied. Since the First Amendment is implicated, a law of this nature will only be upheld if it is the least intrustive and most reasonable way of accomplishing the goal. The part that proves problematic is "most reasonable": laws have been held unconstitutional because they were underinclusive -- that is, the regulations had gaping holes, only regulating SOME activity that the state claimed to want to regulate.

      Under this proposed law, you can get jailtime for M-rated games, but not CDs, or movies, or books, or inappropriate internet content. But nobody wants to talk about making possessing certain books illegal, or certain movies. Is that fair? To date every federal judge to weigh in has said no, it isn't.

      If you go to Amazon and look it up, you will find them selling Mein Kampf (Adolf Hitler's rambling manifesto) and The Protocols of the Elders of Zion (a forgery, debunked dozens of times, detailing the 'Jewish conspiracy' controlling the world). They even have a note saying they believe such things should be freely available not because they agree with the content, but precisely because it is controvertial.

      And we know what harm has been done by the ideas contained in those books. We've seen the bodies. Despite the fact the Protocols have been exposed as a fraud time and time again, anti semitic types swear by it. Polls have shown huge swathes of the public in the middle east honestly *believe* they're real.

      When was the last time a video game inspired some assh0le to chain a guy to the back of a pickup truck and drag him down a gravel road until he stopped moving? To hang nooses by a tree when they felt some of their fellow classmates were getting 'uppity' in Jena? Yet people are permitted to continue spewing such bile, because either there is such a thing as a thought crime -- or there isn't.

      All anyone has been able to prove about games is they can excite someone over the short term. Well, so does getting cut off in traffic. Should we ban cars to people under 21?

      (As a side note, is it possible to Godwin the thread when it's actually *relevant*?)

    58. Re:Smarter replies than I expected by heinousjay · · Score: 1

      This thousand dollar fine isn't too severe, particularly when it's easy to avoid. I think you're just the type of person who has to keep arguing every little point until you run out of steam.

      --
      Slashdot - where whining about luck is the new way to make the world you want.
    59. Re:Smarter replies than I expected by Sciros · · Score: 1

      Right... I wasn't arguing the severity (or non-severity) of the fine, just the general outlook of "just avoid it and it's fine" ^_^ Anyway if you check my other replies and posts you'll notice I'm not really one to keep arguing anything and tend to try and meet most folks halfway, hehe

      --
      I like basketball!!1!
    60. Re:Smarter replies than I expected by Sciros · · Score: 1

      ... It IS??? :-( Don't tell my slaves this plz

      --
      I like basketball!!1!
    61. Re:Smarter replies than I expected by TheVelvetFlamebait · · Score: 1

      Fair enough. Pay no mind to me, I was only trolling anyway. Still, it got some people thinking, so it wasn't all bad.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    62. Re:Smarter replies than I expected by Anonymous Coward · · Score: 0

      Couldn't have said it better myself. Our prison system is overcrowded and fucked up beyond belief right now, do we really need to be sending more people? Even for doing things like selling cigarettes to minors I wouldn't advocate it, and that's something that has been actually proven to be harmful.

    63. Re:Smarter replies than I expected by jimstapleton · · Score: 1

      Sometimes, its a choice between

      (1) Work 12-16 hours a day
      (2) not have enough food to eat.

      I've known people in that situation who've chosen #1, and people who've chosen #2.

      Both have their drawbacks, but I've a lot more respect for those who choose #1. Not all jobs pay enough to live on sadly.

      --
      34486853790
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    64. Re:Smarter replies than I expected by jimstapleton · · Score: 1

      Actually, I never snuck into an R Rated movie, correct. My parents took me to some though - those they felt appropriate.

      If I were a parent, I would rather my kids play a GTA game than a spongebob game if that gives you an indication of my thoughts. But every parent has their own views, and there are still games I'd rather my kids not play if I had any (ex - while I like GTA, there are reasons I would say no to Mortal Kombat). As such, I would like to have some control of what my [hypothetical] kids could get access too, and would not mind assistance to ensure store clerks aren't selling things they shouldn't to the kids. I'd not object to some assistance in the matter.

      And actually, as far as the latter point - yes I do agree with making movie theaters accountable for letting minors access R movies without a guardian, or video rental places renting such material, etc.

      --
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    65. Re:Smarter replies than I expected by jimstapleton · · Score: 1

      Actually - I do have friends and have had family who work in such stores (wouldn't mind working for one myself, if I didn't already have a job that pays a lot better)

      And I still agree with the fine.

      --
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    66. Re:Smarter replies than I expected by Bud+Dickman · · Score: 1

      "Actually, I never snuck into an R Rated movie, correct. My parents took me to some though - those they felt appropriate."
      That's unfortunate. Seeing an R-rated movie at 16 and breaking a rule is good for your spirit.

      "As such, I would like to have some control of what my [hypothetical] kids could get access too, and would not mind assistance to ensure store clerks aren't selling things they shouldn't to the kids. I'd not object to some assistance in the matter."
      Sure, fine - I don't think GTA should be sold to kids by a store clerk. I think we can agree on that. Where you and I part ways is holding some 16 year old looking for some spending money over the summer accountable and legally responsible for this enforcement - especially in an instance where I do not believe there's a link between the offending item and a damaging effect on youth. What's the problem we're trying to solve with another law on the books? Also - how do you propose this system works? Are you going to stick with the ESRB as the ratings board or establish a publicly accountable board?

      "And actually, as far as the latter point - yes I do agree with making movie theaters accountable for letting minors access R movies without a guardian, or video rental places renting such material, etc."
      You and I have a fundamental disagreement but at least you've got consistent thinking on this topic.
    67. Re:Smarter replies than I expected by jimstapleton · · Score: 1

      I believe the stores should be accountable and recieve the fines. It is then their job to handle the offending employees as they see fit.

      --
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    68. Re:Smarter replies than I expected by Opportunist · · Score: 1

      Why should that be the choice?

      When parents have to work 12+ hours a day just to get by, there is your reason why today's youth is in the sorry state it is in. Take a look at the average "problem child". A good friend of mine is a social worker, so I get a bit of an idea what's going on.

      You will see, without fail, that all those "problem kids" come from families where their parents have zero time for them. This can (surprisingly) happen in well-off families too, where the parents are more concerned with their careers than their kids, but usually happens just like you put it: Parents who have to work 12+ hours each just to get by somehow.

      That's what's wrong with today's society, and that's why we got kids like that. No ban on computer games, movies or whatever you could think of will change that. Either we find a way to give parents the ability back to give their kids a role model and a perspective or things will get only worse. No matter what you ban or what punishments you invent.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    69. Re:Smarter replies than I expected by RingDev · · Score: 1

      I don't see how. He never said it, you are presuming it. RTFB! From Assembly Bill No. 1179 Chapter 638, Section 1, Title 1.2A [1746.d(1)]:

      "Violent video game" means a video game in which the range of options available to a player includes killing, maiming, dismembering, or sexually assaulting an image of a human being, if those acts are depicted in the game in a manner that does either of the following From Assembly Bill No. 1179 Chapter 638, Section 1, Title 1.2A [1746.1(a)]:

      A person may not sell or rent a video game that has been labeled as a violent video game to a minor. There you go. They define immoral content, then state that a person may not sell immoral content to a minor. That is the problem. My issue is not with minors not being able to purchase violent video games. If the ESRB says a game is M or AO and Best Buy refuses to sell that game to a 14 year old kid, kuddos to them! I wouldn't want Best Buy selling that game to my child either. My problem is with the Government sticking their nose into it. This same law has been struck down as unconstitutional time after time after time. Yet still elected officials use it as a campaign tool. It is censorship and it is unnecessary.

      Yes. These things are called 'guidelines'. Guidelines the ESRB can follow. Guidelines are not a regulatory board. That's the whole point of this legislature: since selling a certain type of game is illegal to minors, you must specify what makes a game illegal. You need to see the tree from the forest. GO READ THE DAMN BILL!!! There are no guidelines, there is a vague list of things that makes the game be listed BY THE GOVERNMENT as a violent game. The game MUST contain a Government supplied identifying logo on the box cover indicating that by GOVERNMENT STANDARDS the game is violent. This is NOT a guidelines bill for the ESRB. I have no idea what you are talking about a game being "illegal" though, this bill has nothing to do with making games illegal, it makes it illegal to sell games, not make/possess them. A forest my cloud my vision of a tree, but at the moment I think the inner lining of your large intestine is blocking your view of the world.

      -Rick
      --
      "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
    70. Re:Smarter replies than I expected by everphilski · · Score: 1

      RTFB! From Assembly Bill No. 1179 Chapter 638, Section 1, Title 1.2A [1746.d(1)]:

      Yes, these would be said 'guidelines' I talked about. I'm not as dumb as I look.

      There are no guidelines, there is a vague list of things that makes the game be listed BY THE GOVERNMENT as a violent game.

      Actually it is pretty well defined, see page two. "Cruel", "Depraved", "Heinous", "Serious physical abuse", "Torture", etc. are all defined in plain english. And yes, there is a standard label defined. Is this really what you have a problem with? He isn't proposing a government agency to do the game rating - please, cite me chapter and verse - instead he is proposing a set of guidelines and a standardized logo to make things ... well, standard. Simple to interpret. Hard to miss. It really isn't that difficult to understand. It is a three page piece of legislature. He isn't talking about spending millions on a new government-controlled rating board, he is proposing setting a new standard for current rating boards to adhere to. I stand by what I have said.

      I have no idea what you are talking about a game being "illegal" though, this bill has nothing to do with making games illegal, it makes it illegal to sell games, not make/possess them.

      No shit. Read what I said in context:

      That's the whole point of this legislature: since selling a certain type of game is illegal to minors, you must specify what makes a game illegal.

      Reading comprehension. Do I really need to qualify each clause I say for you to understand? No offense, it sounds like anger is getting the best of you. Good day.

    71. Re:Smarter replies than I expected by RingDev · · Score: 1

      Actually it is pretty well defined, see page two. Well defined is a relative term. It does have some well defined words, but it also has purposefully vague wording to imply that the defining list is based on the current opinion of the local social group in power.

      He isn't proposing a government agency to do the game rating - please, cite me chapter and verse I already did. That law IS the rating. There is NO agency that would "do" the game rating. It is just a law. It is up to the producers of the game to ensure that their game, if it contains the content the government describes, would be required to put the logo on it. The interesting part is that there is no definition of the penalty against producers if their software is qualified as "violent" by the government, but they fail to label it as such.

      That's the whole point of this legislature: since selling a certain type of game is illegal to minors, you must specify what makes a game illegal.

      Reading comprehension. Do I really need to qualify each clause I say for you to understand? No offense, it sounds like anger is getting the best of you. Good day. Okay brain child... nothing, nothing at all, makes the GAME ILLEGAL. THE GAME IS NOT ILLEGAL. Period end of story. Good day sir! If you want to get into reading comprehension, perhaps you were meaning to write "...what makes selling the game to minors illegal". But I'm not psychic, if that is what you meant, just clarify yourself and move on.

      This law comes down to simple facts.
      1) The government determines moral content.
      2) The government determines who is allowed to purchase content they deem immoral.

      That is it. Those are the 2 items that this bill pushes for. Those same two items have been tried again and again and again, and each and every time they have been struck down as unconstitutional. This legislation is a waste of tax payer money, the legislature's and the court's time, and even if it were to pass, it would be completely ineffective because it doesn't apply to the store clerks who actually sell the games. This bill is nothing more than a publicity/election stunt wrapping fear mongering and 'think about the children' all into one.

      -Rick
      --
      "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
    72. Re:Smarter replies than I expected by Anonymous Coward · · Score: 0

      How is "a maximum $1000 fine" jail-time exactly?

    73. Re:Smarter replies than I expected by Sciros · · Score: 1

      DUH you can't come up with the money so you end up robbing a bank but since bank-robbing skillz are generally not picked up on the job if your job is selling video games, you're screwed from the get-go and so cops shoot you in the shoulder and then put you in jail. It sucks!

      --
      I like basketball!!1!
  3. i agree by niloroth · · Score: 1, Insightful

    "Sen. Yee: No. Time and time again, the ESRB has proven it can not be trusted and is not a very valuable tool for parents."

    I think he kinda nails it right there. Sure, there should be involvement by the retailer, the ESRB, and the parents, but if that is all failing? What then? I have yet to see any store not sell a rated M game to someone who wants to buy one. of course the same could be said for a fair amount of the movies these stores stock. But the rating system should not only be there to inform parents of minors, should they even know about it, but it should also be a guide as to what the minor can buy. i have no problem with that.

    --
    09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    1. Re:i agree by Qzukk · · Score: 4, Insightful

      I have yet to see any store not sell a rated M game to someone who wants to buy one.

      Of course you haven't. "Minimum wage clerk obeys store policy and doesn't sell an M-rated game to a minor!" doesn't exactly scream for front page news.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    2. Re:i agree by AvitarX · · Score: 1

      It is funny how it was a good enough tool for him though.

      Time and again he uses the term 'M' rated game.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    3. Re:i agree by moderatorrater · · Score: 1

      I've seen it happen more than once, actually, and the latest studies find that the ESRB ratings are more effective than movie ratings. I see laws like this as something like seat belt laws: everyone has the tools, they either know about them or should be able to find out about them if they put effort into it, and yet the government feels the need to push the agenda beyond the point where it's reasonable.

    4. Re:i agree by Phanatic1a · · Score: 1

      I have yet to see any store not sell a rated M game to someone who wants to buy one.

      I certainly have. Went into Best Buy with my 16-year-old brother. I picked up a copy of Katamari Damacy, he grabbed a copy of God of War, and we went to the register. They refused to sell him God of War.

      So we switched and I bought God of War and he bought Katamari. The store did exactly what it's supposed to do.

    5. Re:i agree by niloroth · · Score: 1

      Yes, and I would hope that most parents, if they were going to write legislation on this subject, would have the same grasp of the issues. However, since most aren't, and many consider things like computers and xbox's to be "new stuff the kids are good at", i think that the ESRB alone fails mightily.

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    6. Re:i agree by Anonymous Coward · · Score: 0

      I got carded at GameStop for the expansion to Oblivion just the other day because of it's M rating - and I'm 26 with a beard...definitely don't look under 17.

    7. Re:i agree by gangien · · Score: 1

      you're probably right, but I was carded for buying Diablo II, and I was 22 or so at the time.

    8. Re:i agree by Phisbut · · Score: 1

      I have yet to see any store not sell a rated M game to someone who wants to buy one. of course the same could be said for a fair amount of the movies these stores stock.

      That's too bad for you. On several occasions, while I was loitering in an EBGames store, I heard a clerk either refusing to sell GTA to a kid (saying "come back with your mom and I will sell it to you"), or explaining to the mom who was obviously there to buy the game for the kid about the content of the game, and making sure the mom was aware of what she was buying.

      So not only did they not sell the game to a kid, but they didn't blindly sell it to the mom either, they made sure the mom knew what her kid would be playing. There are clerks who do a pretty good job at this.

      --
      After 3 days without programming, life becomes meaningless
      - The Tao of Programming
    9. Re:i agree by Anonymous Coward · · Score: 0

      The onus for protecting children from mature games should not be placed on retailers. My personal opinion is that mature video games should be handled the same way as mature TV programming is. The console (or operating system) should allow parents to set a password and which video game ratings should be allowed for various gaming profiles on the system. Then games only have to include their ESRB rating to allow the console to block inappropriate titles while still allowing parents to authorize specific titles that would otherwise be blocked.

      Enforcing age limitations at time of purchase is destined to fail. There are too many ways for kids to get around it. If kids can find adults to buy alcohol for them (something that's already relatively easy), how easy will it be for them to find an adult to buy them a video game. Additionally, many game systems are used by multiple siblings who should necessarily have different levels of blocking. If age limitations are enforced at time of purchase, there's nothing to stop a younger sibling from playing an inappropriate title that was purchased by the older sibling.

      The final responsibility for protecting children belongs to parents. The industry just needs to give parents the necessary tools. Restricting the sale of video games does nothing to accomplish that.

    10. Re:i agree by grahamd0 · · Score: 1

      It must be something with D2. I got carded to buy a new copy a couple of months ago. I'm 27 and I rarely get carded when buying beer.

    11. Re:i agree by j0nb0y · · Score: 1

      Years ago (I think it was about 2001/2002) I was carded when I bought Unreal Tournament. I don't buy many M rated games, so I can't remember specifically anytime I bought one and wasn't carded. Nowadays I probably wouldn't get carded anyway because I look too old.

      --
      If you had super powers, would you use them for good, or for awesome?
  4. Reasonable, Articulate, and Restrained by Elemenope · · Score: 3, Informative

    Clearly this Yee character is from an alternate universe, where politicians consider policy with a decent amount of reflection and don't feel the need to demonize the horreur de jour.

    He makes an especially interesting point in that, unlike movies, it is unrealistic for parents to provide guidance for their children throughout the entire gameplaying experience because games are pretty damn long-playing compared to comparable media.

    --
    All the techniques ever used to make men moral have been themselves thoroughly immoral... (Nietzsche)
    1. Re:Reasonable, Articulate, and Restrained by Opportunist · · Score: 1

      Care to tell me about a game where you didn't know after 30 minutes (heck, make it the intro) whether it's going to be "bloody" or "cruel" or "violent"?

      I could really not think of a game that was all "Teletubbies in Lala-Land" for the first 2 hours and then turned into something that makes me want to get a bucket to collect the blood dripping out of the monitor.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:Reasonable, Articulate, and Restrained by Elemenope · · Score: 1

      The Longest Journey. It's Alice in Wonderland and even has cute talking animals. What isn't immediately apparent is the sexually frank dialogue (including discussions of homosexuality and date rape), cursing, and some even more seriously fucked-up shit...and the best part is you don't see much of any of that for the first four to five hours or so. So, yeah, it is quite possible for a game to seem like it is appropriate for one age level and actually be something quite different.

      p.s. I *loved* TLJ. It was a fantastic adventure game. I still am seriously irritated for not having been able to pick up Dreamfall.

      --
      All the techniques ever used to make men moral have been themselves thoroughly immoral... (Nietzsche)
    3. Re:Reasonable, Articulate, and Restrained by cmarkn · · Score: 1

      But this game (TLJ) would not be affected by Sen. Yee’s bill. It only contains sexually frank dialogue. It doesn’t contain any of the violence that Yee claims to be concerned about. And yet it carries the ‘M’ rating. His focus on the graphic violence is one thing, but his avoiding the subject of sex, and even more his using porn as an example, indicate that he is trying to sneak in more restrictions than he lets on.

      --
      People should not fear their government. Governments should fear their people.
    4. Re:Reasonable, Articulate, and Restrained by Elemenope · · Score: 1

      An excellent point, however when he was using the porn example he was talking about how everything should be available without restriction to adults. I don't support Yee's position by any means; I'm not crazy about government regulation in the first place, and regulations on art and speech (which I was gratified to here Yee happily concedes that games are both) invariably lead to bad things. I simply appreciate politicians who are willing to engage their critics and try to explain with reason and erudition, rather than simply shouting at strawmen with emotional appeals.

      --
      All the techniques ever used to make men moral have been themselves thoroughly immoral... (Nietzsche)
  5. Government vs. Private regulation by PlatyPaul · · Score: 2, Informative
    The real issue at the heart of Senator Yee's efforts is whether or not it should be an act of government or private regulation which controls the ability of children to buy (and play) M-rated games. For those who don't know (i.e., have been living under a rock), the ESRB is the video game equivalent of the MPAA/NATO rating group. To get a quick idea of Leland's views, check out these two quotes from the TFA:

    Time and time again, the ESRB has proven it can not be trusted and is not a very valuable tool for parents.

    We need all retailers to prevent sales of M rated video games to minors. We need the ratings board to watch more than 30 minutes of footage before deciding on a rating. In fact, they should have to play the game and watch significantly more footage. There needs to be more transparency of the rating system and how they come up with various ratings.

    Clearly, Sen. Yee (and the supporters of his proposed legislation) believes that the ESRB does not do an acceptable job in their role of regulating the availability of violent video games to minors, and that therefore the government should get involved. Take from that what you will: levels of government involvement in private life, comparative success of government and private enforcement, etc.

    Personally, I'd have to say that the government is just as likely (if not more so) to do a lousy job simply due to inexperience and increased outside pressure (i.e., lobbyists). It's not that I don't think they could do it - I just don't think it's worth scrapping what we have and starting over. And, my own little pet peeve: Sen. Yee never mentioned why the ESRB "can not be trusted". And that's just not right.
    --
    Misery loves company. Online misery loves unsuspecting random strangers.
    1. Re:Government vs. Private regulation by danikar · · Score: 1

      I don't think the problem is necessarily with the ESRB. Fortunately for the movie industry a rating can be assign much more easily, because they only have to watch a movie for 1 - 3 hours. For a video game it could take 20 hours to get through the basic content, and then for a full completion you can expect many multiples of that. I don't think 30 minutes is enough to give an accurate rating of the game, but I don't think we can expect any organization to be able to keep up with rating, in some cases, week long games. Perhaps an alternative would be to force the video game companies to give 2 hours of the most violent/controversial adult materials included in the game. ESRB rates the game based on this footage, if it turns out that there is anything else in the game that the company didn't release, then the suffer huge penalties. Penalties will have to be further designed to make them substantial even to the super rich game companies. Perhaps a percentage of the revenue they made off of the game. I agree with him on the fact that M rated games should not be sold to minors. I don't have kids, but I know if I did about half the games that I play would not be appropriate for them.

    2. Re:Government vs. Private regulation by Red+Flayer · · Score: 1

      Clearly, Sen. Yee (and the supporters of his proposed legislation) believes that the ESRB does not do an acceptable job in their role of regulating the availability of violent video games to minors, and that therefore the government should get involved.
      You're missing a big piece of the picture, which is that the ESRB was created specifically because the govnerment was going to get involved unless they industry did something to self-regulate.

      GOVERNMENT: There is a problem. Fix it or we fix it for you.
      GAME INDUSTRY: Uh, here's the ESRB. We'll label games so parents can make their own decisions about what games their kids play, so only kids whose parents are OK with it will have access to mature content.
      ...
      [Game industry fails to accurately label games, but it doesn't matter anyway, since it is the retailers, not the producers, who are the last step in extra-parental control]
      GOVERNMENT: The ESRB has failed its purpose. Sorry it didn't work out, but we're going to have to do this the hard way.

      I think what you've missed (as have most of the people who weren't around or old enough when the ESRB as created) is that the ESRB was an experiment to avoid government action. It has failed miserably, largely because the ultimate controls on who purchases games are the retailers, not the game producers. What Leland supports is forcing retailers to do their part[1].

      The context of the debate of government controls on content has somehow been lost, and while a lot of us disagree with those controls, it helps to remember that the original intent of the ESRB was to self-regulate enough to prevent intervention, which was imminent.

      [1] I believe it's silly to force producers to label their content if we don't also force retailers to enforce age restrictions. I also believe that it would be best if the industry were totally unregulated, but since we're going down the regulation route anyway...
      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    3. Re:Government vs. Private regulation by Anonymous Coward · · Score: 0

      Definitely.

      This is just the usual "it takes a village" crap ("There is a role for everyone and I feel we should all do our part"). No, it doesn't take a village. And even if it did take a village, it still wouldn't take an entire state or even the nation.

      This is worse than treating the symptoms, it's ignoring that the symptoms are even there and running off on crazy tangents. Instead of "recognizing" that some kids have parents that work 12 hour days, how about recognizing that the government has been keeping its head in the sand about the runaway inflation that is killing the US Dollar and forcing families to work 3 jobs to keep the American Dream alive.

    4. Re:Government vs. Private regulation by cowscows · · Score: 1

      The ESRB could almost certainly improve how they go about rating games, but at the end of the day, that's not the biggest problem with it. The problem is that retailers are not enforcing the ratings, which basically makes them useless. The movie ratings work because theaters generally try to enforce the age limits (even though it's voluntary). Retailers have not kept up their end of the deal, and the game industry hasn't done enough to force retailers to do so.

      Basically, it doesn't matter of the ESRB spends 500 hours and a million dollars to rate a game as Mature if Gamestop is going to sell it to a 12 year old either way.

      --

      One time I threw a brick at a duck.

  6. Interesting, but no... by Krinsath · · Score: 1

    I still disagree with his position based on the precedent Congress allowed with the MPAA and what they push at children. As a column by Gregg Easterbrook pointed out this week, we have an interesting hypocrisy when it comes to our media (Do a find for "MPAA" to skip to the relevant part). The example he used is that movie studios are making an effort to remove on-screen smoking, while retaining the grisly and horrific on-screen torture/death of teenage girls. So the message we seem to be saying is if you want to torture a human being, that's fine...but don't you dare smoke while doing it! Similar issue in terms of video games...it's okay to see someone get shot...but pressing X to do it rather than watching it is simply too much!

    The problem is much deeper than videogames and their "interactivity", the problem is that the government has allowed parents to abdicate their responsibilities as parents by attempting to protect the children FOR the parents. In the long-term, this encourages lazy parenting where they DON'T pay attention to what their kids are exposed to because "the government will decide what's safe and what isn't" which inevitably causes "Innocent Little Johnny" to see boobs somewhere and the parents throw a hissyfit. This in turn drives a further "need" for government regulation and you end up in a slippery slope further and further down the line.

    Another blog by Mr. Wil Wheaton (Hi CleverNickname!) points out that he got carded trying to buy Dead Rising. Now, I'd bet his not ever carded going into an R rated movie, or at a bar, or if he was to buy cigarettes...any of these activities arguably being as "dangerous" to kids as anything else, but they card him to buy a video game?

    This is what it boils down to for me: No state or national government has any business trying to legislate morality, period. That is a responsibility for the local communities to decide upon for themselves, not have crammed down its throat from on high. Our country would be a lot better off if the people in Washington, D.C. worried about what is happening to our economy and foreign relations rather than worrying about what videogames people are playing and where people go on the Internet.

    Of course, that's based on the silly ideal that our government is there to serve anyone but itself...but one can dream, can't they?

    1. Re:Interesting, but no... by prestonmichaelh · · Score: 1

      Another blog by Mr. Wil Wheaton (Hi CleverNickname!) points out that he got carded trying to buy Dead Rising. Now, I'd bet his not ever carded going into an R rated movie, or at a bar, or if he was to buy cigarettes...any of these activities arguably being as "dangerous" to kids as anything else, but they card him to buy a video game?

      Really? I look young for my age (I'm 25, but don't look it) and I get carded all the time, for alcohol, R rated movies, lotto tickets, and yes once or twice a video game. I actually get carded way more for alcohol than anything else with lotto tickets/gambling coming in second (although I don't gamble that often, so it probably isn't a statistically significant sample). It can be a huge deal for a store to be caught selling alcohol and/or tobacco to minors. In many areas, police specifically get underage people to attempt to buy to make sure that the store isn't selling illegally. They store (and possibly clerk) will get punished, why shouldn't the same be true for video games?

      I completely agree that it is a parents responsibility to monitor what their kids do, but they can't be there 24/7. Parents have a tough job, especially with the erosion of the middle class. Now, more often than not, both parents are required to work just to make ends meet. They can try their best to instill good values and their sense of wrong and right in their children, but the children will still have the human curiosity about the forbidden and unknown that is in all of us. I think it is a great idea for stores to implement an age limit/carding policy for mature and AO games. If the parents think it is fine for their kid, then they can buy it for them. If you, as an adult want to play the game, you can with no problem. All it prevents is underage children for accessing materials that could be potentially harmful.

      The other thing I am tired of is everyone comparing movies to games. They are not the same. A movie is 2 hours with you just sitting there watching. A game is potentially hundreds of hours of time spend engrossed in another environment. In the case of games like GTA, you actually have a game where you are rewarded for committing violent acts. I am a huge fan of GTA and GTA like games (right now I am playing Godfather:Blackhand on the Wii and love it!), but I am not sure that I would let my kids play (if I had any). At minimum, I would like to decide if they should play or not, just like I would like to decide if they should smoke cigarettes, drink, or watch porn. When I decide that they are at an age where they are responsible enough to make the decisions on their own, I will allow them to. Typically 18 seems to be a good age (although like any other generalization, it that isn't always true, sometimes 18 is too high, sometimes too low). If there is legislation passed that doesn't outlaw "adult" material, but helps regulate it by making it more different for children to have access to it, then I would be all for it.
    2. Re:Interesting, but no... by Dachannien · · Score: 1

      If I were working at a store, and Wil Wheaton came through my line, I'd probably card him just for fun.

      Wil Wheaton: But I'm just trying to buy a tube of toothpaste!
      Me: Fork over that multipass, Wunderkind! Muahahahahaha!

    3. Re:Interesting, but no... by Krinsath · · Score: 1

      Mr. Wheaton is 35, though in fairness he can pass for younger if he wanted. However, he's not *THAT* young looking.

      At 27, I don't get carded to buy anything other than alcohol. At least there you can make the argument that there is a confirmed link that someone who uses alcohol can pose a genuine threat to an innocent bystander, such as drunk driving. Video games, there is no such link.

      I agree that there is plenty of material out there that children should be exposed to only when they are mentally mature enough to handle it, but that's not a distinction that some detached governing body can effectively make. Some children are ready at the age of 12 for such things, others it might be until they're in their 20s. Who *should* know that? Their parents...of course many parents fall prey to wanting to coddle their children, but the point remains that if anyone is in a position to judge it's them, not politicians.

      I play many violent games, and there are some games I would have reservations about children playing. However, the step of carding someone as though they are buying a controlled substance seems a bit too far. Give parents the tools to keep tabs on their children, yes...absolutely. For example, a logging feature on consoles that records what games are played and for how long, possibly with publisher/ESRB/similar body-provided information on content accessible if connected to the Internet. Things of that nature where a parent can more easily inform themselves without having to play every game themselves because Yee is correct, there is too much in any given game for a parent with responsibilities to play it all the way through. Possibly a website that they can easily visit and read advisories, or a newsletter they could subscribe to which provides the same information.

      Forcing retail America to be parents for them? No, that's where I draw the line. Such things should start and end in the home, not on the Senate floor.

    4. Re:Interesting, but no... by Rakarra · · Score: 1
      Mr. Wheaton is 35, though in fairness he can pass for younger if he wanted. However, he's not *THAT* young looking.

      Alternative half-serious explanation: "Wait, is that who I think it is? Nah.. couldn't be... hmm, maybe it is. I'd better card him just to see if it... OMG, it IS him!"

  7. Politician Interview Framework v0.1 by Applekid · · Score: 2, Funny


    CInterviewText Politician::CompleteInterview(MediaInterview interview)
    {
        foreach(Question askedQuestion in interview)
            if (rnd() > 0.5)
                this.qaPairs.AddIfNotExist(askedQuestion ,THEME_YES_BUT_NO);
            else
                this.qaPairs.AddIfNotExist(askedQuestion ,THEME_NO_BUT_YES);
        return (this.qaPairs.GetElaborateAnswers(LANGUAGE_ENGLISH));
    }


    It's only version v0.1 because I still need to program in the "Think of the Children" directive and the ability to flip-flop on questions' answers when politically expedient.

    --
    More Twoson than Cupertino
  8. Re:Why? by Anonymous Coward · · Score: 0

    Why must private corporations try to muddy the waters of government?

  9. Re:Why? by Anonymous Coward · · Score: 0

    This article explicitly talks about the government's role in private enterprise.
    Regardless, I agree, keep private enterprise, religion (in every sense of the word), and government independent of the others.

  10. Refreshing by TheVelvetFlamebait · · Score: 1

    I got the impression that this policy was a labour of love. This is one of the policies he happens to be passionate about, one that he's thought about, and may possibly be one of his goals in becoming a politician. He's a child psychologist, so I wouldn't be surprised if he developed a private interest in the effects of games on children in the course of his practice.

    This guy is no ordinary "think of the children" type. He actually does think of the children, and truly believes he is helping them. Refreshing indeed.

    --
    You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  11. What's Actually Wrong? by p0tat03 · · Score: 2, Insightful

    While I disagree with placing M-rated games separately from other ratings (go to the video store, they don't do that THERE), I do agree that we need regulations preventing sale of M-rated games to minors. The movie industry has already done it, and games need to do it also.

  12. Parenting Quota? by RingDev · · Score: 1

    Well that's good to know! I'll make sure that my parenting skills are top notch for 2 hours a day to ensure that I complete my "good parent time quota" to ensure that my son doesn't watch a bad movie. And ya know, when 'Cars' finishes, if 'Debbie Does Dallas' winds up in the DVD player, who am I to stop him? I mean, I made sure that he behaved himself through the entirety of 'Cars' I'm good for the day.

    -Rick

    --
    "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
  13. Re:The problem I have with this by Krinsath · · Score: 1

    Out of curiosity though, if this theory has been proven, and games grow more and more violent each year...where is the corresponding increase in violent crime rates? Most numbers show violent crime rates descending overall. From 1993 to 2005, violent crime has dropped from 4.1 million incidents to 1.8 million, according to the US Department of Justice. Of course, as a government body they may be horribly inept at counting or I could be reading their data wrong, but that seems to be the sentiment echoed repeatedly by actual studies of this thing known as "reality".

    I do believe that's the "It hasn't been proven" argument. The laboratory says that videogames increase violent tendencies, but reality says that violent crime is going down sharply. The fact that the media loves to harp on even tenuous links of violence to video games (see also: VA Tech shootings, where such links were proven to be non-existent) also hurts the "it's been proven" argument, as there are few (if any) documented real-world cases where videogames were the cause.

    As Yee himself says, they can be a contributing factor. However, I'd be willing to say that crazy people will always be crazy, and if games don't set them off, something else will. The problem isn't the games, it's that the person is crazy. Treat the problem, not the symptoms.

  14. I disagree by aztektum · · Score: 1

    A better idea, rather than passing laws and forcing compliance would be "Leave the retailer alone to stock their store as they see fit, the parent can shop elsewhere for lil Johnny and Janey." This, to me is like city wide smoking bans in bars. People feel entitled to everything and it's up to the government to provide it through a handout or a law prohibiting an something they feel "icky" about (and most likely they simply don't understand it in the first place).

    I guess I have a hard time seeing wisdom legislating this shit. Governments have more important things to take care of than holding a parents hand. This is just lip service to help them out with their next election. "We'll take care of it for you. You go buy them that new Xbox and don't worry, it'll be ok."

    Second, as a non-parent (not that I hate kids, I have been in relationships involving them and enjoyed them), I'd really like a politician to say "If I do this for you, parents, what do I give the non-parents in return for spending tax money from EVERYONE on this?" because quite honestly, I personally feel this is a waste of time on the grand scale. They're not helping the majority at all, but simply an "important voter demographic" and anyone that says otherwise is full of shit.

    Third, even with his "It's up to parent's to decide and buy the games" this is still broken thinking. So now stores won't sell your kid a game and you won't buy it, but what if Timmy goes over to Stevie's house and plays it there because his parent's bought it? You going to ask for a law mandating parent's provide an inventory of contents of their home so you can be sure you approve, because well, you're too busy to ask them?

    And if you can't take the time to read IGN or pick up a magazine to find out what's in a game, to be an informed parent in other words, it's up to someone else to make sure it's branded and labeled with the content you agree to and only in this one part of the store with a curtain hiding it from view.

    Parents of this sort take note: Don't let your kids on the Internet. One Google image search will fuck them up and shatter the fairy tale world you're creating for them. Better outlaw Google!

    --
    :: aztek ::
    No sig for you!!
  15. M / R vs. AO / NC-17 by brunes69 · · Score: 2, Interesting

    I fully support this bill **IF** the classifications for movies and video games are held to the same standard.

    Ie If Manhunt is an 'AO' game, and the next GTA is an 'AO' game, then then entire Die-Hard series should be re-classified as NC-17. Similarly for the majority of horror films, such as the current 30 days of night, for example.

    The REAL problem is that there is a double-standard.

    1. Re:M / R vs. AO / NC-17 by Anonymous Coward · · Score: 0

      It is not quite a double-standard, but it is fairly close. The main difference being Passive vs Interactive content. Watching something happen is very different than causing it to happen.

  16. Hen and egg by Opportunist · · Score: 1

    Are people who are violent in RL (because of stress, disappointment, low self esteem, etc) more prone to playing violent games, or are people playing violent games more prone to be violent in RL?

    Just saying that a significant number of group X is also in group Y doesn't cut it. The question is, in what direction does the graph point?

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  17. Don't sell games to Children? Define Child. by LordZardoz · · Score: 1

    Lumping all humans under the age of 18 into the same legal category is retarded. Selling Gears of War to a 16 year old is one thing. Selling it to a 10 year old is another. Selling it to 5 year old is yet another.

    I do not think it would be entirely unreasonable to have some sort of ID card for minors that basically can be used to signify that they may be considered an adult for certain purposes. Not buying guns or voting. But for things like Violent Videogames, adult movies, cigarettes, and alcohol. Make it a pre-requisite for driving a car. Set it up so that the minor needs parental consent to obtain it, and you can let the parents decide when their children can start to be treated as an adult.

    END COMMUNICATION

  18. Kneejerk Reactions and the Death of Common Sense by Alzheimers · · Score: 1

    As a gamer, I'm appalled that anything approaching legislating censorship of my beloved pasttime is even considered. As a new parent, I'm terrified that I don't have a way to control my new offspring 100% of the time. Neither of these positions are very moderate, nor should anyone expect them to be. Human nature has a way of emphasizing threats to our control and safety, and the only way to rationally come up with a conclusion is to discount both emotions.

    Creative Freedom must be protected. I think this is paramount to the continued advancement of society as a whole. Even content that you don't personally agree with should be with should have a fundamental right to exist and be disseminated by a mature and rational public.

    Parental Control must also be protected. We put locks on our doors for a reason -- so someone who is *not* acting in a mature and rational way cannot harm us. These should, however, tend towards the unobtrusive and simple to avoid any conflicts with the above protections. I can't, for example, blast white noise at a political rally to silence a speech I don't agree with. However, I also shouldn't have to have that speech broadcast into my home unabated.

    The Law that Mr. Yee proposed has it's heart good intentions, but is critically flawed in protecting the rights of the artist. At best it's a goodhearted but kneejerk reaction to the GTA scandal (his take on ESRB's "failure") but doesn't take the industry or technology involved into account. At worst it's the first step towards an even more invasive Nanny state, where no one is responsible for their own actions and we blame the messager rather than the criminal.

    Accountability should end where another's responsibility begins, and if we bury our heads in the sand and try to find an easy target to blame every time something bad happens, we'll end up much worse off for it. Galileo, Socrates, now Rockstar Games? Who else should we eliminate to protect ourselves from imaginary evils? If the government really wants to improve the situation they should be lauding Gaming as the next great art form, not holding it back. David and the Venus Di Milo, Halo3 and Grand Theft Auto.

  19. Re:The problem I have with this by C0rinthian · · Score: 0

    1) there is a (strong) correlation between violent video games and violence in real life
    Correlation != causation. All this proves is violent people like violent entertainment. I bet they watch violent movies too! *gasp*
  20. Re:Kneejerk Reactions and the Death of Common Sens by cowscows · · Score: 1

    I think Mr. Yee explained pretty clearly why his law is not some sort of brutal attack on the freedom of game makers. His law is all about trying to keep retailers from selling mature rated games to children. It does not restrict at all the type of games that you can make or sell or buy if you're an adult. It does not restrict the rights of consumers, except for a very specific case if you're a minor. We already restrict the rights of children in many ways because they're often not educated and experienced enough to make good choices. The age cut-off of 18 is sort of arbitrary, but there's not really any other feasible way to handle it.

    You put locks on your doors to keep the crazies out and away from your kids, but you also put those little cabinet locks under your sink to protect your children from possible harmful results from their own curiosity and lack of understanding. While we certainly can and should discuss how harmful violent games truly are for children, there's not much harm to be done to put a little safeguard in place here as well.

    How that damages the right of the artist is not clear to me. Unless your "art" in some way relies on subjecting children to mature content without parental oversight, but that doesn't seem like a very noble endeavor, and I'm not really interested in using the term "art" to protect acts that would otherwise be criticized.

    --

    One time I threw a brick at a duck.

  21. Up to the parents by kabdib · · Score: 1

    As a relatively new dad, yes, I'm worried about the content that my son is going to encounter and want to buy.

    But I don't want to make that someone else's problem. That's my problem, that problem belongs in my family, not in some politician's pocket. The government will probably do a lousy job of enforcing this. It will always be a political tool, subject to the whims of whomever needs to get a few minutes of media time.

    I'm probably going to say, "Sure, it's fine to play Gears of Mayhem IV, as long as I can co-op with you, but stay the heck away from that money-sucking Disney crap."

    I view any abbrogation of free speech rights as very, very problematic.

    --
    Any sufficiently advanced technology is insufficiently documented.
  22. Re:The problem I have with this by Rakarra · · Score: 1
    Or what, exactly is your opinion ? (and please don't bring up the lame excuse "it hasn't been proven" ... to the satisfaction of just about every psychologist in america it HAS been proven)

    Well hey, if OeLeWaPpErKe on Slashdot says it, it must be true!

  23. Re:Kneejerk Reactions and the Death of Common Sens by grahamd0 · · Score: 1

    I agree that games are art, and I disagree with the particulars of Sen. Yee's law, but I doubt you're going to change anyone's mind by implying that the theocratic censorship of proven scientific fact or execution for thought crimes are on the same level as having a non-government body re-rate your video game.

  24. Re:Kneejerk Reactions and the Death of Common Sens by Todd+Knarr · · Score: 1

    And his law will be totally ineffective. If you go back and look at the publicized cases of video games being "sold to a minor", you'll find that in all of them the store did not sell the game to a minor. They sold it to a legal adult, in all the cases I can recall a relative of the kid involved and most often a parent, who then gave it to the minor. Any law targeting the store will simply not do anything about that. You'd need a law targeting the parents, and I don't see him proposing such a law.

  25. Actually, they do by sscroggins · · Score: 1

    If you go to a video store that isn't one of the few big chains, you may see a door that says "Adults Only - Must be 18 or older to enter". Not everywhere chooses to rent those movies and the same thing would happen if M-rated games were required to be displayed in a different location than all of the other games. Some stores would just say, "Screw it" and not sell them at all.

  26. Re:The problem I have with this by Khaed · · Score: 1

    1. No there isn't. Cite please.
    2. Which test subjects? Cite please.
    3. What? Cite.

    Or what, exactly is your opinion ? (and please don't bring up the lame excuse "it hasn't been proven" ... to the satisfaction of just about every psychologist in america it HAS been proven)

    Cite?

  27. Is the industry failing or just parents? by MMaestro · · Score: 1
    Sure, there should be involvement by the retailer, the ESRB, and the parents, but if that is all failing? What then?

    Who says that it is "all failing"? Retailers have basically adopted a policy of "if an employee breaks ESRB rules, hes fired instantly", the ESRB has launched SEVERAL marketing attempts to raise awareness on ESRB rating and parents have... maintained the perception of "video games are for children". Who's failing and what should be done about it?

    When it comes to your children, ignorance can only be an excuse for so long. Video games have been around for (more or less) a solid 20 years, if (most) parents haven't educated themselves on the ESRB at the very LEAST, its their own fault.

  28. You know what part I liked? by Chmcginn · · Score: 1
    From the Senator's speech:

    But no one should be making a profit on the backs of our children anyhow.

    My immediate thought - just make it illegal for a minor to purchase anything without a parent present. No loopholes, no first (or any) amendment concerns. That will make him happy, right?

    --
    Have you been touched by his noodly appendage?
  29. Re:Kneejerk Reactions and the Death of Common Sens by cowscows · · Score: 1

    I would strongly argue against such a law. If a parent wants to purchase a game and let their child play it, then that is their perogative. Hopefully they're being careful enough to ensure that their child is ready to play a game with such content, but either way, that sort of thing is not up to the government to decide.

    I doubt I would ban my children from playing Grand Theft Auto until they were 18. I know lots of people who played it at a younger age than that and were not negatively affected by it. But I wouldn't want my 8 year old child playing it, and I would appreciate stores not making it easier for my child to get his hands on the game.

    --

    One time I threw a brick at a duck.

  30. Custer's Revenge by cdrguru · · Score: 1

    If you are not familiar with this game, you aren't going to understand. And probably not understand the true depth to which gaming can descend.

    Custer's Revenge was released one morning in 1983 I believe. It was pulled from every store by noon. If you haven't heard of it, that is probably why. It very nearly sold out of the modest number of units produced. If it had been left on the market it almost certainly would have been the best-selling video game of the time. Well over a million copies.

    It was a vile, disgusting game. The objective of the game was very simple. You moved a figure wearing a cavalry shirt and no pants across the playfield to reach the squaw tied to a post. Then, by manipulating the controls, you would have the cavalry soldier repeatedly rape the squaw, accumulating points.

    Do you understand why some control might be useful?

    1. Re:Custer's Revenge by Mr.+Shotgun · · Score: 1
      Not understanding what you were talking about, I decided to look it up.

      From the reviews it seems the game was uninspired, lackluster, dull, plagued by poor graphics and a simplistic plot, and these were the favorable reviews. In fact the only reason it was so successful was because of the universal condemnation it received from every single rights group out there.

      Judging by the cover image the only good thing I can say about it was that they explicitly labeled it NOT to be sold to minors and that it was for adults only. The makers knew what their target market was and it was for sure not little Johnny Pitfall with some money in his hand. As a matter of fact, I would bet this game was sold at the local spank store and not K-mart or walmart or any where a kid could get a hold of it.

      That's more than I can say for Shaq-fu, that unholy game should have been banned for unmitigated suckage. Did you know there is a site dedicated to getting rid of that game?
      --
      Of all tyrannies, a tyranny sincerely exercised for the (supposed) good of its victims may be the most oppressive
  31. Re:Kneejerk Reactions and the Death of Common Sens by Todd+Knarr · · Score: 1

    The stores already won't sell that game to your 8-year-old. Maybe a 17-year-old, or a mature 16-year-old, if the store's lax in carding, but that's about it. And as I said, all the cases that've been the focus of the debate have involved a parent or other relative giving the kid the game. So either there's no problem for the laws this guy proposes to address, or if there is a problem 99% of the time it doesn't involve the store.

  32. protecting kids isn't anti-gamer! by DragonTHC · · Score: 1

    I've been a gamer since I was 5 years old. In the 16 years since that time, I've seen the ratings system evolve. The industry has evolved. I've always believed that games should have real ratings.

    Parents don't care, or they don't know. NOT EVERY GAME IS FOR CHILDREN!

    As someone who will become a father in a few months time, I don't want my kid playing GTA or Manhunt! When he is well adjusted enough to understand such material, then he can play it. There are parents who let their 10 year old kids play with such games. Those are bad parents.

    --
    They're using their grammar skills there.
  33. Re:The problem I have with this by Mr.+Shotgun · · Score: 1

    1) there is a (strong) correlation between violent video games and violence in real life

    Hmm, now I am not a statistician but I found your assertion intriguing so I did a few searches. According to most statistical definition a strong correlation is defined as a relation ship between two random variables X and Y with a correlation coefficient having an absolute value above 0.8 and less than 1. I don't suppose your "studies" show this kind of a positive correlation over a large enough sample size, do they? If so i would love to see it.

    --
    Of all tyrannies, a tyranny sincerely exercised for the (supposed) good of its victims may be the most oppressive
  34. Re:The problem I have with this by OeLeWaPpErKe · · Score: 1

    "As Yee himself says, they can be a contributing factor. However, I'd be willing to say that crazy people will always be crazy, and if games don't set them off, something else will. The problem isn't the games, it's that the person is crazy. Treat the problem, not the symptoms."

    What exactly are you saying ? We should not outlaw violent games, we should wait and see who buys them, and then force them into a psychological program (or kill them ?) ?

    Because if this isn't what you're saying, then I'm not reading correctly. Clearly you suggest doing something about these people, and you give a handy way of identifying them.

  35. Re:The problem I have with this by Krinsath · · Score: 1

    What I am saying is that blaming video games isn't really addressing the problem. The problem is *not* violent games or comic books or rock/rap music or movies (and all of them have been blamed at one point or another), the problem is mentally or emotionally disturbed individuals who are having reactions to these forms of media.

    Consider this. Halo in its various incarnations is a very violent game. Since it's initial release on the original Xbox, millions upon millions of people have played the game, and to date not one incident of violence has made it's way into the national headlines with any sort of link to the game. Why? Because the norm is that people understand the concept of game versus reality. As another example there's World of Warcraft, 9 million subscribers, probably many more than that have played it...also a game that is focused on "killing" various monsters and players. While the addictive nature of that particular game has lead to people causing their own personal tragedies (such as the Korean parents who left their child unattended and unnourished), that is a far cry from violently attacking people on the street.

    There are however some people who cannot, for whatever reason, make this distinction and in terms of being prompted to violence by violent media, these individuals are the problem. These people who's grasp on reality is tenuous for whatever reason, not the specific media itself. The Columbine and VA Tech and similar shootings were not *caused* by video games or music or movies or anything else, they were cause by people with these mental/emotional issues falling away from their human support network (or not having one) and being spurred into action by a random stimulus. Sure, you can find specific contributing factors, but such people have the potential to be powder kegs to begin with, and if you "dodge the bullet" by not having them play violent games, who's to say a violent movie or aggressive song won't have the same result? If you suspect your child is one of these people, or a friend or a loved one, then you should seek to get them help. Not worry about what they're buying at the store.

    Getting back to the initial topic of the story, punishing millions of people who understand things for the actions of one or two aberrations from the human norm, which is what most forms of this legislation effectively do, is beyond ridiculous. Forcing retailers to play parent is not a real solution to any problem. Instead of wasting the money on these laws, their inevitable overturning and appeal which costs the taxpayers millions in legal fees and court costs, why not put that money towards improving the flow of communication to the parents?

    If you want to "protect the children", then you should start with the parents, not the stores.

  36. Re:The problem I have with this by OeLeWaPpErKe · · Score: 1

    The problem is that it's not "1 or 2 in millions" that start acting violently in reaction to video games, but a large majority ... oops.

  37. Re:The problem I have with this by Krinsath · · Score: 1

    While there are millions of incidents of violent crime annually, again citing the Department of Justice statistics since 1993 they've taken a sharp drop (over 50%). Since most of the video games that people complain about being violent came out well after 1993, the theory that violent games translate into violence hasn't held water so far when compared to overall crime trends. If you were going to try and make any case based on the statistics from the Department of Justice, it'd be that violent video games LOWER violent crime rates, but as we all know correlation (two trends happening at the same time) does not equate to causation (A was caused by B).

    However the idea that violent games carry over from the game world to the real one seemingly can't even get correlation down, let alone causation. One concept might not equate to the other, but one is certainly a prerequisite to the other.

  38. Re:The problem I have with this by OeLeWaPpErKe · · Score: 1

    You can whine about your own theories till the sky turns blue. They -believe it or not- are not accurate.

    You claim to believe science ... except when it says something you don't want to hear ? Yet you claim it's Bush that's "killing" science. Only one thing is killing science ... people like you attacking it for saying something they don't like.

    You want your games, regardless of the victims it may cause, and you don't want to pay for the damage afterwards. That's fine by me actually for an opinion. But why not be honest about it ?

  39. Re:The problem I have with this by Krinsath · · Score: 1

    I'm actually still waiting for the first concrete evidence to be produced that violent video games translate into actual real-world violence. All the studies have produced is increased violent tendencies, but that appears to fail to translate into actual violence. You rely on isolated lab results the put forth a theory, but these results have yet be exhibited in reality. As much as you might want to cling to the concept, it remains in the world of theory. If you want to say that video games cause violence: provide actual real-world evidence that it ever has. Surely it won't be hard to come up with the miles of crime reports caused directly by video games if it's as widespread as you claim it to be.

    The real world shows that there has been no increase in violent crime since violent games started coming out in droves, and in fact has been quite the opposite. That is a verifiable FACT, not a theory. While I do not believe a link exists between the two, these two facts taken together do strongly refute the theory you cling to so dearly. If video games lead to increased violence, then more violent games being made should lead to more violent crime. This is the underlying idea you support so dearly, and yet again...it's not exhibited, anywhere. Reality says there is no link between violent games and real-world violence. If you have actual case studies that prove otherwise, feel free to link them. Until then, you're blowing hot air about how you can't deal with the fact that reality doesn't agree with your soapbox topic.

    For me, it's not so much about the games. It's about governments attempting to legislate morality rather than leaving it in the hands of individuals where it rightfully belongs. If parents don't want their kids to play violent videogames, then I support their right to make that choice and applaud them for taking an active role in their child's development even if I might disagree over specifics. To tell a retailer that they will be criminalized for not being a parent, however, is beyond ridiculous. Business and government have no business in teaching morality, especially given that both are rife with examples of a complete lack thereof. Moral behavior starts in the home, not in the store.