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California Continues To Push For Violent Game Legislation

Back in February, the US Court of Appeals shot down a California law that banned the sale or rental of violent video games to minors. Shortly thereafter, State Senator Leland Yee petitioned the US Supreme Court to review the case. Now, along with California's Psychiatric and Psychological Associations, Yee has filed an amicus curiae brief with Court that elaborates on the reasoning behind the law. Within the brief (PDF) are some interesting quotes: "Parents can read a book, watch a movie or listen to a CD to discern if it is appropriate for their child. These violent video games, on the other hand, can contain up to 800 hours of footage with the most atrocious content often reserved for the highest levels and can be accessed only by advanced players after hours upon hours of progressive mastery. ... Notably, extended play has been observed to depress activity in the frontal cortex of the brain which controls executive thought and function, produces intentionality and the ability to plan sequences of action, and is the seat of self-reflection, discipline and self-control." The video game industry has filed its own amicus brief to dispute Yee's claims.

39 of 167 comments (clear)

  1. Oh, that's super by Opportunist · · Score: 4, Insightful

    California has no other problems right now...

    Oh right, I forgot the contemporary approach to politics. If you have real problems you don't solve them, you distract your people by making up problems where there are none.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    1. Re:Oh, that's super by ultraexactzz · · Score: 4, Funny

      That's all right, apparently the US Supreme Court accepts IOUs.

      --
      Never underestimate the potential of Human stupidity. -Heinlein
    2. Re:Oh, that's super by tverbeek · · Score: 4, Informative

      It's one of the oldest political tactics in the book: bread and circuses. (This is one of the circuses.)

      --
      http://alternatives.rzero.com/
    3. Re:Oh, that's super by Drakkenmensch · · Score: 5, Funny

      Oh right, I forgot the contemporary approach to politics. If you have real problems you don't solve them, you distract your people by making up problems where there are none.

      Where's a state-wide brushfire when you need one?

    4. Re:Oh, that's super by dfenstrate · · Score: 2, Insightful

      Legislatures are the problem nowadays. Fact is, effectively governing a country doesn't actually require anything close to the time we allow those guys to meet. They meet anyway, and meddle with our lives and businesses to the detriment of us all.

      Best drive them home, and let them only meet every two years. Then perhaps every three years after a little while.

      Really, let's see how long it takes us to miss them.

      --
      Alcohol, Tobacco and Firearms should be the name of a store, not a government agency.
    5. Re:Oh, that's super by bigbigbison · · Score: 2, Informative

      To be fair this law has been working its way through the legal system for years. Since either 2004 or 5 if I recall correctly. It wouldn't make much sense to just quit because the money situation has changed.

      --
      http://www.popularculturegaming.com -- my blog about the culture of videogame players
    6. Re:Oh, that's super by NickCool · · Score: 3, Funny

      "California Continues To Push For Violent Game Legislation".... For a minute I envisioned legislators proposing duels or gladiatorial combat as a new form of government.

  2. California does not have the cash for a case that by Joe+The+Dragon · · Score: 5, Insightful

    California does not have the cash for a case that will likely end being shot down by the 1st amendment.

  3. I fucking hate mushrooms by BadAnalogyGuy · · Score: 5, Funny

    I hate those little fungus motherfuckers. They make my skin crawl.

    Every time I see one of those pieces of shit, I jump on it until it's fucking smashed and dead.

    I also hate fucking ducks with shells. Those fucking freaks of nature just piss me the hell off. I love to stomp on them and then grab the shells and just wipe mushrooms the fuck out with them.

    Goddamn pipes also freak me out.

  4. ambiguous adjectives by tverbeek · · Score: 2, Funny

    After this they'll work on violent legislation dealing with other matters.

    --
    http://alternatives.rzero.com/
  5. Heh... by travdaddy · · Score: 5, Insightful

    can be accessed only by advanced players after hours upon hours of progressive mastery

    If a kid is smarter than his parents, maybe he should be put in charge of restricting his parent's media content (maybe reality TV, Deal or No Deal, 20/20 are all off limits).

    --
    Adidas To Bring Back Sneakernet
    1. Re:Heh... by jimbobborg · · Score: 2, Insightful

      You've obviously never played a real FPS. Halo, Half-Life, Quake, all require figuring out how to get through the level you're on. It is conceivable that you can just shoot your way through a level, but you'll have to go through the level multiple times before you finish it. TFP.

  6. Who cares? by maxume · · Score: 4, Informative

    Some huge majority of 12 year olds with $300 gaming systems are talking their parents into the $75 game anyway.

    The ones that aren't will play them at their friend's.

    --
    Nerd rage is the funniest rage.
  7. The DON'T do the same with movies. by A.+B3ttik · · Score: 2, Insightful

    Despite common belief, they DON'T do the same with movies.

    It's not a crime to let a kid into a three-year-old into R-Rated movie, or even to let him buy one. It's just against the rules of the movie union guys. It's actually covered under the First Amendment.

    So why should it be a crime to sell a kid a violent or sexual game?

    1. Re:The DON'T do the same with movies. by A.+B3ttik · · Score: 4, Informative

      I'll admit, it's easier to get into an R rated movie as a minor then to rent an M rated game, but I've still been carded in the past. Your statement is simply untrue, or depends on the state from which you are posting.

      My statement is _not_ untrue. Re-read it.

      It is not a crime to let a three-year-old into an R-rated movie. Movie theaters restrict kids from their audience, yes, but they do it voluntarily in order to adhere to the system of rules set in place by the MPAA. A theater could theoretically let an unchaperoned group of kindergartners into any R-rated movie they wish right in front of a Cop and not be charged with a crime, since it's not against the law. They may lose their license by the MPAA but, again, let me reiterate: they won't be charged with a CRIME.

      That's why this is completely different from movie ratings. Movie ratings are an industry standard, and there is literally no legal weight behind them. California's attempts to put legal weight behind Video Game ratings will end in failure, just as it did in Freedman v. Maryland.

  8. What a load of Bullshit by OrangeMonkey11 · · Score: 3, Insightful

    No one organization out there right now can provide definitive prove that playing âoeviolentâ video games train kids to be killers or desensitizes them from violence. Just because the military uses simulators to train soldiers for combat preparedness; does not mean that FPS game are the simulator training kids to be killers. If this was true every child who ever played FPS or âoeviolenceâ video games would be able to handle a gun like a pro and kill anything that moves without discrimination.

    1. Re:What a load of Bullshit by db32 · · Score: 3, Insightful

      No, you are wrong. With the new "Recoil & Jam" model mice you can train kids to be violent killers. You see...these new mice actually recoil with each shot and can occasionally jam and even will backfire and injure/kill the operator sometimes!

      The hilarious thing about all the people that cry foul about the military training stuff is that I have yet to meet one that has even had a clue about what they do, why they do it, or have even a remote understanding of human behavior. These "murder simulators" have precious little to do with the killing. You can't train people for live fire with a fucking mouse and a monitor. What you CAN train them for is tactics, squad movement, reaction times, perception skills, etc. There is no soldier in the field (and probably never will be) that has not gone through the live fire training or any of the other live combat training stuff. The issue is that it is WAY cheaper and WAY faster to train a lot of those skills through a simulator. The military has been using "violent video games" for LONG time training pilots how to fly without losing valuable jets or any training accidents. No one talks about the lives saved by using these simulators for the initial training.

      What I can't figure out is this whole definition of "violence". There aren't exactly a whole lot of games that could completely avoid the "violent" definition. This is just the D&D panic all over again. If the kids cannot separate reality from fantasy that has more to do with the kid and less to do with the video game. They love to point out "look at all the kids that were violent killers and played lots of FPS games". Well..I bet they also all drank soda too...should we go after Coke and Pepsi for making kids violent? The number of people that play those games and don't go psycho should pretty much show that it isn't the games doing it...but again...no on talks about how many people play them without going nuts. So...I blame Coke and Pepsi!

      --
      The only change I can believe in is what I find in my couch cushions.
    2. Re:What a load of Bullshit by Culture20 · · Score: 2, Interesting

      I blame Coke and Pepsi!

      I blame American football, rugby, soccer, and any other contact sport. They have more real violence than coke or pepsi, and kids are being indoctrinated earlier and earlier.

    3. Re:What a load of Bullshit by db32 · · Score: 3, Informative

      In all seriousness I think it is insane to blame anything other than human nature and poor parenting. Kids now are learning these "violent" contact sports at a much older age than what kids used to learn hunting skills. I would put obscene amounts of money that children that learn firearm and hunting safety stuff at a very early age are less likely to engage in violent gun behavior than the kids that are sheltered from the very same.

      These violent outbursts are not from "teaching violence". They are from teaching piss poor conflict resolution skills, or not teaching them at all. It is for thinking stupid shit like "bully free zone" signs will fix a fucking thing. It is from "no bullying contracts" being used to make kids agree to not be bullies. It is from the complete and total lack of adults actually getting involved and acting like adults and putting these little brats in their place. Instead they whine and bitch and moan and hire lawyers and blah blah blah. When all of the adults are acting like whiney children and not taking responsibility for anything how do you expect the children to learn any other behavior?

      Looking back, I am not convinced that a child was ever beaten in the principals office at my gradeschool. But *EVERYONE* sure as hell believed it. Now kids know they can act like little fucking terrors and no one will say a god damned thing to them, and if anyone DOES stop them, their little shithead parents come charging in with stupid lawsuits. The few places the administration DOES step in, it is usually with assinine draconian measures on kids that didn't deserve it and they wind up screwing it up for any administration that WOULD actively get involved in a sane fashion.

      --
      The only change I can believe in is what I find in my couch cushions.
  9. ZOMG teh BRAIN DAMAG3!!! by Anonymous Coward · · Score: 5, Informative

    Notably, extended play has been observed to depress activity in the frontal cortex of the brain which controls executive thought and function, produces intentionality and the ability to plan sequences of action, and is the seat of self-reflection, discipline and self-control.

    Yeah, that's actually true and what this guy is conveniently leaving out is that it's not permanent. I was reading about this phenomenon on Dr. Daniel Amen's website years ago (and it's NOT just violent video games).

    Essentially, too much intense video gaming for too long makes your brain concentrate too much and you use up all the neurotransmitters that let you concentrate. The result is ADD-like symptoms. Cut back on the video games to reasonable levels and the neuotransmitter levels return to normal because they aren't being depleted.

    So the real message is: too much of anything is bad for you.

    But this Yee dude doesn't bother to say that part.

  10. Re:All bad? by Thiez · · Score: 4, Insightful

    What does that even mean? 'Depressed activity in the frontal cortex of the brain'. Boohoo. What can we conclude from that? How long does this thing last, how does it affect a person?

    Maybe it simply means someone has become good at the game and no longer needs to think about every single action while playing, like many sports (we'll probably never know since it's hard to scan the brain of someone playing tennis or juggling...). Maybe it means your brain has magically become more efficient and requires less activity to deliver the same quality. Maybe it even means we get dumber, less capable of self-reflection and planning, but only while playing the game.

    The little fact about the brain is completely useless without more information. If 'they' had more information that would suggest these effects are permanent and damaging, they would have included this information, since it supports their point. Since they didn't, we can conclude that there is no reason to believe the changes in the brain are permanent or harmful in any way, but it sure sounds like something creepy and nasty to those who don't think it through.

  11. Re:You don't need every child affected by sckeener · · Score: 5, Informative
    Argh...every time someone mentions violent video games, columbine comes up. It should be declared a subset of Godwin's Law.

    Violent games are not affecting our kids in negative ways. Canada plays our violent video games and has a passion for guns and they have no where near the US gun fatalities. Japan plays extremely violent video games and has the lowest gun fatalities.

    Parents need to stop blaming the media and start being parents.

    --
    "Only one thing, is impossible for god: to find any sense in any copyright law on the planet." Mark Twain
  12. Re:You don't need every child affected by shinmai · · Score: 5, Insightful

    If we start to make rules for the many based on the actions of a select few, we're destined for failure.

    The fact that a couple of disturbed and mentally unhealthy kids got their adrenaline running by psyching themself with violent video games doesn't mean we should ban these games from all kids. Just like if I use a baseball bat to beat someone to death we shouldn't shut down every single litte-league in the country to stop the children from doing the same.

    I think that some age control with games is good. In Finland we use PEGI age recommendations, and some games are also reviewed by the Board of Film Classification. The important classifications are 16+ and 18+. A retailer can refuse to sell a 16+ game to a person younger than 16 without a parents consent. 18+ games are prohibited by law to be sold to minors. If parents choose to buy a game and give it to their child, it's their choice, but a retailer, with no way of knowing the personality or mental maturity of a child, will not be permitted to sell an 18+ game to the child.

    This system is by no means perfect, but it stops little impressionable kids from getting their hands on adults-only games, but permits parents to expose their children to such material, if they feel they're mature enough to handle it.

  13. Re:800 hours ?? by addsalt · · Score: 2, Insightful

    Yes, but it isn't that sensational to say

    • Listen to a CD : 60 minutes (ave)
    • Watch a movie: 120 minutes (ave)
    • Read a book: 500 minutes (average novel at average reading speeds)
    • Play video game: 600 minutes

    In all reality, 5 minutes in any of these mediums will tell you what the rest of the content will be like.

  14. Re:All bad? by killthepoor187 · · Score: 2, Interesting

    "Notably, extended play has been observed to depress activity in the frontal cortex of the brain which controls executive thought and function, produces intentionality and the ability to plan sequences of action, and is the seat of self-reflection, discipline and self-control."

    I find this interesting because I grew up playing a lot of computer games (probably too much), yet I was, and am still today, basically the poster boy for self-reflection, discipline and self-control. To a point where it has actually hampered me and I've had to work on diminishing those traits so I can live in a better and more carefree way.

    So if this statement is correct, perhaps computer games was a much needed way for me to take a break from myself, maybe other kids have the same need?

    I'd like to see how video games depress the frontal cortex but tv and movies don't. You pretty much have to actively be thinking and planning to play most video games, I'd expect them to improve these skills. Passive entertainment like tv and movies, not so much.

  15. Re:You don't need every child affected by killthepoor187 · · Score: 2, Insightful

    It could be the "devil music" they listened to. Or the movies they watched. Or their parenting. Or genetics.
    Correlation != Causation

  16. Ornithologist 007's Field Guide to Koopas by tepples · · Score: 4, Informative

    [I hate Goombas from Super Mario Bros. But] I also hate fucking ducks with shells. Those fucking freaks of nature just piss me the hell off. I love to stomp on them and then grab the shells and just wipe mushrooms the fuck out with them.

    But even more than that, I hate people who insist Koopas are ducks. According to the field guide Koopas of the Mushroom Kingdom by James Bond:

    A lot of people got their NES with both Super Mario Bros. and Duck Hunt and should know what a Nintendo duck looks like. The only kind of "duck" in a Koopa shell is a turtle that has "ducked" into its shell.

  17. Re:Bad argument by geminidomino · · Score: 2, Insightful

    While I am as much against this law as any other Slashdotter, I don't like that argument.

    If there are problems A and B and A is considered a bigger problem than B, B should still be taken care of unless doing so significantly hampers taking care of A.

    And that's the logic that lets them get away with this crap.

    "No no no. We'll get to solving A, but right now we have to deal with B. It's a reeeal biiig problem. Honest! Would we lie to you?"

  18. Re:All bad? by geminidomino · · Score: 2, Insightful

    What does that even mean? 'Depressed activity in the frontal cortex of the brain'. Boohoo. What can we conclude from that? How long does this thing last, how does it affect a person?

    Helpful /. Translation: "Staring at a video game screen for ten hours makes your brain 'tired'".

    No shit, sherlock. So does doing calculus for ten hours. OMG Ban teh Mathz Clazzez!

    Pretty sure doing anything "thinky" for many hours at a block is going to have a similar effect.

  19. Re:You don't need every child affected by sesshomaru · · Score: 4, Interesting

    Dreading Columbine by Mark Ames:


    Why, when even attempts were made post-9/11 to understand Arab anger (feeble though they were), does America refuse to even try understanding Columbine? Why do they continue to blame cheap, easy suspects like video games, the internet, lax morals and the NRA, when the most obvious suspect - Columbine, and every other school like it - is sitting right in front of them? Because that would be tantamount to suspecting that something is genuinely hateful about Middle America.

    --
    "MIT betrayed all of its basic principles."
  20. Correlation = Causation! by burtosis · · Score: 2, Insightful
    "extended play has been observed to depress activity in the frontal cortex of the brain which controls executive thought and function, produces intentionality and the ability to plan sequences of action, and is the seat of self-reflection, discipline and self-control."

    From this I can only conclude: Senator you must be one hell of a gamer...

  21. Correlation goes the wrong way by tgibbs · · Score: 3, Informative

    The reason they are talking about things like brain activity (and no neuroscientist can tell you what patterns of brain activity are good or bad) is they are trying to distract everybody from the fact that as videogames have gotten more realistically violent, real world violence and crime have dropped, and dropped most sharply in the very same demographic of young males that are the biggest consumers of videogames. Of course, that doesn't prove that videogames prevent violence, but it does prove that any hypothetical anti-social effect of videogames must be so small as to be absolutely swamped by other social and economic factors that influence violence and crime.

  22. Backyard fences by toriver · · Score: 2, Insightful

    I bet they will never push for a law against violent MOVIES, what with Hollywod present in the state. Games, however, are mostly made out-of-state, e.g. Austin TX has a lot of video game companies.

  23. Re:Bad argument by Darkness404 · · Score: 4, Insightful

    But in this case, California is pretty much bankrupt. It would be like if someone living paycheck-to-paycheck decided to tour the world. That isn't going to solve their financial problems its only going to make it worse (by spending a ton and not working), California wants to use this which would result in less taxes for them.

    --
    Taxation is legalized theft, no more, no less.
  24. I disagree with Calif, but... by SkyLeach · · Score: 2, Interesting

    I have real issue with the federal circuit courts having any say whatever in what California can or cannot ban for sale in their own state. The distribution of authority in the DEMOCRATIC REPUBLIC of the United States has been shifting with ever increasing momentum to the federal level.

    I think california is full of insane pollitics, but isn't that their right as a state under the constitution? I don't like my local and regional policies being dictated by californian pollitics and in order to preserve the rights of my own state I am willing to let california have their rights.

    -SL

    --
    My $0.02 will always be worth more than your â0.02, so :-p
  25. Re:California does not have the cash for a case th by Anonymous Coward · · Score: 2, Interesting

    Ron Jeremy is a vocal feminist supporter and feels that most current pornography is degrading and unacceptable.

  26. I live in California by KharmaWidow · · Score: 3, Insightful

    This is supposed to be a liberal state, but those Democrats in Sac (and in San Francisco, and San Jose) keep passing laws that remove choice from every aspect of our lives.

    1. Re:I live in California by bhiestand · · Score: 2, Informative

      In a post-State of the Union speech in Buffalo, NY on January 20, 1999, Bill Clinton was asked why not a tax cut if we have a surplus. Clinton's response:
      "We could give it all back to you and hope you spend it right... But ... if you don't spend it right, here's what's going to happen. ..."

      Good fucking God, if that's isn't a telling comment about the liberal mentality: we can't give tax cuts to people because they may not spend THEIR money RIGHT.

      And it's also quite revealing the media bias rampant in the US that that comment never got much play in the major media.

      Yet Bill Clinton sure as shit said he was against tax cuts because taxpayers wouldn't spend their money "right".

      What's the rest of the context? He went on to use social security as an example. What if he had cut social security taxes and allowed people to invest that money in private retirement accounts, like the conservatives wanted?

      The current economic situation is precisely why social security was created. People DON'T spend their money "right" and many people don't treat other peoples' money right. Our government certainly isn't perfect or efficient, but without government performing those functions a lot of people would be on their asses. And not because they're lazy.

      --
      SWM seeks new sig for a brief fling
  27. Re:California does not have the cash for a case th by cptnapalm · · Score: 2, Funny

    He could start off by not being in any.