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A Right To Bear Virtual Arms?

theodp writes "In the world of virtual goods, reports GeekWire's Todd Bishop, it looks like there's no such thing as a Second Amendment. According to a forum post by an Epic Games community manager, a new policy will remove 'gun-like' items from Microsoft's Xbox Live Avatar Marketplace on January 1. The policy reportedly applies to accessories for the avatars that represent Xbox Live users, not to games themselves, and owners of virtual weaponry like the Gears of War 3 Avatar Lancer purchased before the policy goes into effect will be permitted to continue to wield them."

37 of 201 comments (clear)

  1. Walled Garden by houstonbofh · · Score: 5, Insightful

    And people wonder why I hate the walled garden approach to gaming... You can blow people away, but you can't say fuck... Idiots.

    1. Re:Walled Garden by houghi · · Score: 4, Funny

      No female nipples either. They are apparently not suitable for young children.

      --
      Don't fight for your country, if your country does not fight for you.
    2. Re:Walled Garden by EdIII · · Score: 3, Funny

      The female nipples exist. Just get a water cooled rig and stop overclocking the shit out of your system. They'll "pop up" in no time.

    3. Re:Walled Garden by Seumas · · Score: 4, Insightful

      You can't say "fuck"? Are you kidding? You can say anything you want on XBLA. You're constantly accosted by ten year olds in Call of Duty throwing out every racist, homophobic, repulsive and offensive comment possible and there's no option but to either use it or don't use it. However, yes, it's bullshit. Why should a grown ass middle aged gamer have their experience nerfed to the point that it's appropriate for a six year old child? They have CATEGORIES that you select when you sign up for an account. There is a FAMILY section. If you are a child or you have children, select FAMILY. Then, Microsoft needs to actually pay attention to that fucking option (because they don't seem to use the Family/Pro/Casual/Underground/etc option for fucking ANYTHING).

  2. Re:Why? by Haedrian · · Score: 3, Funny

    Protect your virtual self and your virtual property?

  3. No rights in private forums by Anonymous Coward · · Score: 5, Insightful

    There are many real world places that won't allow you to enter with a gun. They are not in violation of the 2nd amendment, neither is this. Being a virtual environment has nothing to do with it.

    1. Re:No rights in private forums by SJHillman · · Score: 2

      That was my first thought - you are generally allowed to keep a firearm in your home but you can't take it with you wherever you please regardless of permits. Xbox Live could be analagous to a mall or other large, privately owned public space - if the mall bans guns then the second amendment can't stop them. If Xbox Live somehow banned you from having gun avatars on your own personal machine while not connected to Live, that would be closer to a second amendment issue. However, because we're talking bits and bytes and not real firearms, isn't this more of a first amendment issue than a second amendment anyway? Not that the first amendment applies to a private corporation much more than the second amendment would...

    2. Re:No rights in private forums by ShakaUVM · · Score: 4, Interesting

      >>There are many real world places that won't allow you to enter with a gun.

      Yes, it's called "California."

      http://articles.latimes.com/2011/oct/10/local/la-me-brown-guns-20111011

      >>They are not in violation of the 2nd amendment

      Yes, it is.

      I ANAL though.

    3. Re:No rights in private forums by ShakaUVM · · Score: 2

      >>Which is of course why the right-wing is endlessly pushing for privatization. Eventually everything will be a private forum - so sorry about those first and second amendment rights.

      Yes! Damn those anti-gun wingnut Tea Partiers!

      Oh, er...

      (You do realize that the majority of public buildings have bans on open and concealed carry, right? Privatizing jails won't change the fact you can't bring a gun into it.)

    4. Re:No rights in private forums by Ihmhi · · Score: 4, Interesting

      Disclaimer: IANAL either, but I'm a bit knowledgeable on the topic.

      There were two major supreme court cases regarding the Second Amendment in the last few years.

      The first was District of Columbia v. Heller. The second was McDonald v. Chicago. What do these mean?

      As far as the Supreme Court is concerned, the right of an individual to keep and bear arms on their own property (home, land, etc.) is recognized and cannot ever be taken away. This means things like Chicago, San Francisco, and DC's gun ban laws are/were unconstitutional.

      We have unfortunately not yet addressed concealed carry or open carry on a nationwide level. I really hope that it happens soon. I live in New Jersey which is almost as bad as California when it comes to gun laws. I've known people who were shot, raped, etc. and completely incapable of defending themselves because of our shitty laws.

      Again, IANAL, but "bear" arms presumably means, you know, to actually carry them. (That is, in fact, the definition of the transitive.) Although the SCOTUS has yet to decide on this issue, it's pretty clear cut to me that we ought to be able to carry guns basically anywhere per the constitution.

      Before anyone talks about the potential ruination of society, keep in mind that there are more than a few countries in the world where this very thing happens and their society hasn't fallen apart because everybody is armed. Handing someone a gun doesn't instantly make them an idiot.

    5. Re:No rights in private forums by Anonymous Coward · · Score: 2, Insightful

      > I've known people who were shot, raped, etc. and completely incapable of defending themselves because of our shitty laws

      To be fair, you are still completely unable to defend yourself when you owe a gun.
      The USA is probably the only place in the world where people are stupid enough to believe the lobby and think a gun makes you safe.
      Actually, it is hightly unlikely that you are gonna be agressed when you carry the gun and even if it's the case it's unlokely that you are gonna be able to use it. Which probably fine because if you use it, you are unlikely to imper your agressor ability to counter-attack and are at a risk of being killed.
      The likely thing is that your son might find it and kill himself with it or you gonna hurt yourself.
      I am still astounded by the fact that despite the vast amount of studies and statistics published during the last fifty years, some americans are totally unable to understand this basic fact.

    6. Re:No rights in private forums by six025 · · Score: 2

      I ANAL though.

      Yes, but are you a lawyer? That seems more appropriate to the discussion ...

    7. Re:No rights in private forums by artor3 · · Score: 2

      Handing someone a gun doesn't instantly make them an idiot.

      But handing an idiot a gun doesn't instantly make them sane. Let's work on fixing the laws so that people like Jared Loughner can't get guns. Once we're no longer providing lethal, long range weapons to crazies and felons, then we can work on easing up the restrictions on the responsible citizens.

      And before you even respond with the two biggest cliches:

      1) "Outlaw guns and only outlaws have guns." The fact that some bad guys get guns doesn't mean we should make it easy for them.
      2) "If people were allowed to carry, they could defend themselves from the crazies." There were people with guns present when Loughner opened fire, and they did precisely jack. The sad fact is that most people are not action heroes. In the chaos of an actual shooting, you probably won't react fast enough to fire, and if you do there is a serious risk of killing a bystander.

    8. Re:No rights in private forums by ArsonSmith · · Score: 2

      this is new internet slang you can use in the bed room. Now you can ask a woman if she's a lawyer, if she says 'No' as in I ANAL then you can plunge right in. Give it a try on your next encounter.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
  4. Re:Why? by Anonymous Coward · · Score: 2, Insightful

    When the gun grabbers grabbed my pretend guns, I said nothing, because they didn't do anything anyway.

    Then they took my real guns... and I was a submissive retard for thinking their impulse to censor the expression of owning a weapon had nothing to do with their desire to eliminate the private ownership of all weapons.

  5. Why? by cheekyjohnson · · Score: 4, Insightful

    What's the point of that decision? A kid seeing a virtual gun is going to bring about the apocalypse?

    --
    Filthy, filthy copyrapists!
  6. Re:Why? by Anonymous Coward · · Score: 2, Insightful

    Even weirder - Microsoft is still going to sell, and even make, games where you not only carry guns, but use them (sometimes quite violently). This is basically removing them from their out-of-game avatars.

    Imagine if Nintendo pulled out the Charlie Chaplin mustache from their Miis (under the assumption that too many people were confusing it for the near-identical but far-more-evil Hitler 'stache), while still allowing hundreds of WW2 games to be made. That's the kind of stupidity we're looking at right now.

  7. Re:Bear arms!? by AngryDeuce · · Score: 3, Funny

    The Bear Jew does...

  8. The "right" to bear arms is an Americanism by Rix · · Score: 5, Insightful

    Don't be surprised when an international audience (like the internet) laughs at you for it.

    1. Re:The "right" to bear arms is an Americanism by Lord+Kano · · Score: 4, Insightful

      Don't be surprised when an international audience (like the internet) laughs at you for it.

      They may laugh at us in between crises, but when things go wrong, they are more than happy to see the Cowboy Yanks show up to save them.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    2. Re:The "right" to bear arms is an Americanism by houstonbofh · · Score: 4, Insightful

      Considering the protests in the UK and Australia now, I think a lot of places have stopped laughing.

    3. Re:The "right" to bear arms is an Americanism by Anonymous Coward · · Score: 5, Funny

      Canucks with bare arms will probably get frostbite this winter, and then they'll have nothing to bear arms with.

    4. Re:The "right" to bear arms is an Americanism by Man+On+Pink+Corner · · Score: 4, Insightful

      This would be the same "international audience" that we periodically have to save from some other part of the "international audience" because nobody but the Americans and the bad guys are comfortable around weapons. Right?

    5. Re:The "right" to bear arms is an Americanism by Pi1grim · · Score: 2

      Don't see anything to laugh about, and it is quite sad to see that some countries have forfeited this right in exchange for an illusion of security.

    6. Re:The "right" to bear arms is an Americanism by Anonymous Coward · · Score: 4, Insightful

      Because if you don't have that right, you are not a free man, you are a subject. And as such, your rights and your life can be taken at any time the people who are your masters decide to. This is not theoretical. See Apartheid. See a hundred other things like that and worse.

      You have only that freedom which you can defend, or which someone benevolently defends on your behalf. Presently Europe, for example, largely has this benevolent defense, but it has not always. Within memory of people now living, Europe tried to kill off entire races of people. It started by disarming them.

      It takes willfully ignoring human history and looking only at your own little myopic localized good situation to even ask that question. Ask those who had the wrong skin color or the wrong religion why the right to bear arms is important. Oh, wait, you can't - their "rights" amounted for jack when someone *with* guns wanted to take those rights away from those without.

    7. Re:The "right" to bear arms is an Americanism by swillden · · Score: 2

      Because if you don't have that right, you are not a free man, you are a subject. And as such, your rights and your life can be taken at any time the people who are your masters decide to. This is not theoretical. See Apartheid. See a hundred other things like that and worse.

      See Ghandi.

      Indeed, do.

      "Among the many misdeeds of the British rule in India, history will look upon the Act depriving a whole nation of arms as the blackest." - Mahatma Gandhi, "Gandhi, An Autobiography", M. K. Gandhi, page 372

      Ghandi was not opposed to self-defense, either personal, social or national. He chose non-violence partly because he believed it was more moral, but mostly because it was the only viable strategy available to him. The British had already stripped the Indian people of arms in the Indian Arms Act of 1878 (which is what he was referring to in that statement, not, as some claim, to their refusal to allow Indians to be soldiers in WWI), so violent action wasn't likely to work. Had his people been armed, he may well have chosen a more direct route to ousting the British. I don't think that's likely; he was committed to non-violence and the situation in India was amenable to it. But he was also a pragmatist and recognized that there are situations in which those unwilling to defend themselves will simply be exterminated to no beneficial effect.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  9. Re:Why? by houstonbofh · · Score: 2

    Actually the TSA started this a long time ago. How many people have had to change T-shirts to get on a flight? "Gimme the dame plane or I will point my shirt at you!"

  10. What does this have to do with the Constitution? by brusk · · Score: 2

    It's not a law. It's not the government restricting what you can do in a virtual environment, and even if it were a law, that would be a First, not Second, Amendment issue. This is no different from a store having a policy of not selling guns. Or more precisely, of a flea market setting a policy that its vendors cannot sell guns (or candy or wooden nickels or whatever else they want). What would the alternative be? Should Microsoft be forced to sell guns on Xbox Live? That would be a clear First Amendment violation.

    --
    .sig withheld by request
  11. Re:Why? by EdIII · · Score: 3, Funny

    As a result you get the Avatar market equivalent of Garfield

    So you advocate narcissistic overeating fat cats as suitable for children! How dare you, sir. How dare you.

  12. ffs. by viperidaenz · · Score: 4, Insightful

    its a game. the only rights you have within the realms of a virtual environment are those provided by the terms of service.

    I don't care how many hours you put in to perfecting your online avatar in your mothers basement, its still just a game.

  13. Re:Why? by cheekyjohnson · · Score: 2

    I believe the real problem is oversensitive idiots and the desire to cater to them.

    --
    Filthy, filthy copyrapists!
  14. Re:Why? by Zcar · · Score: 2

    More to the point: the Second Amendment was designed to prevent disarming of the citizenry by the government, not a private entity. This generally applies to the protections of the First and Second amendments. I have the right to prohibit the bearing of arms on my property or to kick you out if you say something I disagree with.

    Microsoft bans pictures of firearms? That isn't the government.

  15. Bad analogy... by msauve · · Score: 5, Insightful

    First, the US Constitution affirms the rights of individuals against government interference.

    Secondly, a private organization, such as MS, can tell their employees not to carry arms into the workplace, and it's perfectly OK.

    Finally, if an argument is being made that there are "virtual arms," then one must refer to the "virtual Constitution." Seems to me that's the contract/TOS. I suspect it allows them to do what they want, and the user's option is to cancel their subscription. Really, does someone think they have rights when playing in MS's garden? Seems to me that it's only privileges, as provided by the contract.

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
    1. Re:Bad analogy... by drinkypoo · · Score: 3, Informative

      Which is why the push by government to continuously privatize state resources is so freaking scary. If you look at what's been going on for the past couple of decades hear in the U.S., its all about privatization.

      No, the push to continuously privatize state resources is scary because corporations control our government. Otherwise some of that could be a good thing, because bureaucracy inherently tends towards inefficiency over time. And anyway, it's quite irrelevant; California used to have laws protecting the citizen's right to carry a firearm in any public place, but now we not only lack that law, but we have explicit laws prohibiting carrying them in many places. In fact, in California even hunters' rights to carry arms are abrogated; you're not permitted to carry any weapons with loads inpermissible for game, or any weapons you're not allowed to use on a particular sort of game. If you're out hunting for big game in California, it is actually illegal to carry your properly licensed concealed 9mm personal defense weapon; likewise if you are bowhunting, you're legally required to leave your .45 in the vehicle even though on public lands you may find yourself standing in the middle of someone's illegal grow op holding a bow and looking stupid while they unlimber their AKs.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  16. From the article you cited: by msauve · · Score: 3, Insightful

    ""For law enforcement officers and community members, any type of weapon being carried, openly or concealed, could appear as a threat to their well-being and is regarded as a public safety threat,'' Los Angeles County Sheriff Lee Baca said Monday."

    Please tell me that LA County sheriff deputies no longer carry firearms, in accordance with the sheriff's beliefs.

    Somehow, I suspect this is a case of "the rules apply to other people, not us."

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
  17. Re:Why? by stephanruby · · Score: 3, Informative

    No one grabbed your guns. You can still display your avatar at home, or on the Internet. You just can't do it on the Xbox network, a privately-run network.

    The same thing will happen if you go to a night club in Texas. You may have the right to carry a concealed weapon in public, but as soon as you want to enter a privately-run property like a night club, or a titty-bar, you have to drop off your guns at the gun check-in like everybody else, or just choose not to enter the establishment in the first place.

  18. Re:Why? by artor3 · · Score: 3, Insightful

    Oh for fucks sake... You think that Microsoft not allowing pictures of guns on a service they provide is evidence of The Man trying to take away your actual weapons? How paranoid can you be?

    You might as well say the fact I can't drink at work is evidence that prohibition will be reinstated any day now.