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Supreme Court ruling on "violent" video games...

sledgy
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sledgy polycounter lvl 18
The most sanity I've heard on this most political of days:
http://www.time.com/time/nation/article/0,8599,2029095,00.html

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  • arshlevon
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    arshlevon polycounter lvl 18
    Seems the justices are for the most part on our side here, cant wait for the final decision.
  • dansher
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    dansher polycounter lvl 8
    i can understand why they would want to censor it but i dont think its really neccesery, it is the perants job. and theres alot more violent things on tv.

    i hope they dont cencor it, i think that would majorly effect the industry.

    besides iv been playing violent games since i was a kid and i havnt killed anyone yet
  • Lamont
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    Lamont polycounter lvl 16
    dansher wrote: »
    besides iv been playing violent games since i was a kid and i havnt killed anyone yet
    Yet... ticking time bomb...
  • HonkyPunch
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    HonkyPunch polycounter lvl 18
    i've actually killed several people, the first with a portal gun and boxes, and the other with a gravity gun.
    Then after that, I used my shrink ray to shrink an entire village and stomp them to death, followed by freezing the president of a small foreign nation before slowly thawing him by breathing on him after eating some rather spicy curry.
  • glynnsmith
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    glynnsmith polycounter lvl 17
    I don't really understand this whole thing, as I try to pay the least amount of attention to American politics.

    Why would it be a bad thing to stop selling violent games to minors?
  • Firebert
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    Firebert polycounter lvl 16
    arshlevon: I think this is a good time to rehash the violent games BULLSHIT episode :)
  • danr
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    danr interpolator
    i'm with glynnsmith on this. Here, it's illegal to sell BBFC-certificated games (12, 15, 18 ) to people under that age, just as it is with films (both copies sold in shops and in the cinemas) and cigarettes, alcohol etc. Note it's not illegal for the kid to get hold and use any of any of these things, just for them to be supplied.

    I can't name a single product (including our own GTA game on the DS) that's been adversely affected by an age rating in terms of sales. 18-rated games smash sales records routinely, Modern Warfare/2, GTA etc etc. Can someone with a grasp of the US economy fill in why this doesn't/wouldn't happen over there?
  • dansher
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    dansher polycounter lvl 8
    im not sure about america but i think here in australia ma15+ is the highest rating for a video game, im pretty sure when GTA came out they had to cut some parts out or something so that it would meet an ma15+ rating. that said it didnt effect sales or anything
  • Justin Meisse
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    Justin Meisse polycounter lvl 19
    danr wrote: »
    i'm with glynnsmith on this. Here, it's illegal to sell BBFC-certificated games (12, 15, 18 ) to people under that age, just as it is with films (both copies sold in shops and in the cinemas) and cigarettes, alcohol etc. Note it's not illegal for the kid to get hold and use any of any of these things, just for them to be supplied.

    I can't name a single product (including our own GTA game on the DS) that's been adversely affected by an age rating in terms of sales. 18-rated games smash sales records routinely, Modern Warfare/2, GTA etc etc. Can someone with a grasp of the US economy fill in why this doesn't/wouldn't happen over there?

    We're worried about the puritanical views of politicians interfering with the industry: see Australia.
  • EarthQuake
    It is illegal to sell violent games to minors here too, and if you've bought games at gamestop etc, they will card you for violent games. We have a rating system just like everyone else.

    This whole thing is about censoring *every* violent game because parent's are far too stupid to look at the ratings, and will buy little billy gears or war or GTA because he asked for it.

    Or giving them the "AO"(generally reserved for porn) rating that would make it impossible to even release the game on certain consoles.
  • Sean VanGorder
    I'm completely against the idea that video games are a direct cause of violence, but I guess I can understand the reasoning behind the proposed law. However, if they were to pass it, then they'd have to regulate every other form of media out there, including television. Half the shows on air are CSI rip-offs where some poor soul is slaughtered within the first 5 minutes of the episode.
  • moose
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    moose polycount sponsor
    its not illegal to sell specific games to minors, the ESRB is a voluntary rating system similar to the rating system put out by the Motion Picture Association for films. It is not enforced at a level that substances are, like cigarettes and alcohol - where an employee of a Liquor store or Gas station could be fined heavily for selling cigarettes or alcohol to minors, and or get jail time.

    the purpose of all this hubub would be to make "violent games" a controlled substance [in California, and potentially Connecticut, Florida, Hawaii, Illinois, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Texas and Virginia], and in effect controlling media - ie censorship and first amendment violations.

    Reading the transcripts of the hearing makes me happy the judges are really backing free speech & artist rights & freedoms.
  • Justin Meisse
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    Justin Meisse polycounter lvl 19
    EarthQuake wrote: »
    It is illegal to sell violent games to minors here too, and if you've bought games at gamestop etc, they will card you for violent games. We have a rating system just like everyone else.

    This whole thing is about censoring *every* violent game because parent's are far too stupid to look at the ratings, and will buy little billy gears or war or GTA because he asked for it.

    Or giving them the "AO"(generally reserved for porn) rating that would make it impossible to even release the game on certain consoles.

    AFAIK, Gamestop carding kids for violent games is completely voluntary on their part, no laws involved.
  • Zack Fowler
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    Zack Fowler polycounter lvl 11
    What I've heard from others is that the sale of violent video games would get a treatment along the lines of pornography: heavily restricted. Not on general display. Think of z-rated games in Japan -- you won't stumble onto one by just browsing around the store. They get kept behind the counter so the store doesn't have to worry so much about liability.

    dansher: Technically, yes. But if the rating boards refuses to give a game that rating for being too offensive it basically won't show up on store shelves, right? Hence the Australian version of Left 4 Dead 2 being heavily censored.
  • dansher
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    dansher polycounter lvl 8
    What I've heard from others is that the sale of violent video games would get a treatment along the lines of pornography: heavily restricted. Not on general display. Think of z-rated games in Japan -- you won't stumble onto one by just browsing around the store. They get kept behind the counter so the store doesn't have to worry so much about liability.

    dansher: Technically, yes. But if the rating boards refuses to give a game that rating for being too offensive it basically won't show up on store shelves, right? Hence the Australian version of Left 4 Dead 2 being heavily censored.


    im not really sure, i know there was a game a few years back that got banned. not sure what it was called but you were a mental patiant or something and you could go round cutting peoples heads off and stuff. im pretty sure that game actually came out and was on shelves for a little while before it got banned

    im not sure about left for dead iv never played it. they were on about bringing an R rating so that ones like gta wouldnt be censored or anything, but they never did it i dont think, atleast iv never seen a game with an R rating

    but really if there was a scene that was really grafic or something then they could just do like what they did in modern warfare 2 with the airport scene and put in a skip option
  • Justin Meisse
  • Richard Kain
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    Richard Kain polycounter lvl 18
    I think we should be cautiously optimistic at this point. It sounds like there were some hard questions directed at both sides of the issue. It just seems that the representatives of the video game industry had better responses than the state of California at this point.

    No actual ruling has been made yet, so there is no way to know for certain what side the Supreme Court is going to come down on. It could still go either way at this point.
  • Neavah
    Something a little more trouble some to me is - if say the us does adopt a system similar to Australia? Censor games to fit within a rating determined by them (the government) - what does that mean to the development of technology in respect to the game play, art, and design?

    It's a slippery slope here, and this is all just speculation - but if you were making a game that you knew would be above the rating of whatever the 'limit' was - to a large part of your targeted regional market - why would you even bother making it (above that rating)?! if its just going to be censored - your wasting a lot of man hours, time and money to produce something a lot of people will never see/experience. especially if thats a main feature of the game.

    Look at MGS 5 trailers. Raiden slicing through shit looks pretty sweet! I can only (obviously) say that I'm pretty sure that feature isn't made to only slice some watermelons [then pull out the tea set and have some tea and mellons with all raidens little friends].

    I consider that a pretty neat new feature of its game play. And the things that could possibly span off of that and take it further (other games made by other developers in the future), only to evolve to an even better new feature (maybe in some other way) are potentiating what drives the technological evolution of games.

    what I'm trying to say is those possibilities wouldn't have existed - and that 'adult only' feature could have been a large stepping stone to something even greater that would have otherwise never existed.

    Violent kids play violent games.
    because bad parenting/environment made them violent in the first place.
    It's just another excuse for parents to feel like its not there fault there kids are bad behaved and out of control.


    ...anyways.... umm yah .... I think I'm done ranting.... :)
  • Autocon
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    Autocon polycounter lvl 15
    After reading the Kotaku highlights of the court hearing I am surprised how well versed and unbiased the judges were. Sure I know its there job to be so but I have a feeling on this topic things would have favored California more. They seemed to support and contest both sides equally and fairly raising great points to support and defend both attorneys arguments.

    Smith did a great job arguing his case I felt, cant say the same for the California attorney as he tried to skip around answering questions a few times and his answers seems weak enough as is.



    It seemed though that the judges were slightly favoring Smith (aka the video game industry) as I think even they could see the slippery slope this could be and where it could lead. Hopefully in the end they support our industry instead of censoring it but we will have to see.
  • Bigjohn
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    Bigjohn polycounter lvl 11
    I never shot anyone, but I did jump on a person's head once fully expecting a gold coin to pop out of his ass. I was disappointed.
  • MagicSugar
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    MagicSugar polycounter lvl 10
    dansher wrote: »
    it is the perants job.

    Not every child has a parent. And for those who have parents or guardians...not all of them are necessarily responsible or think about the welfare of their kids.

    (This comment not siding with either opinions re: censorship. Just stating a fact in society.)
  • Two Listen
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    Two Listen polycount sponsor
    I'm confused. When I tried to buy a mature game several years ago when I was ~16 they wouldn't let me buy it without an ID stating I was at least 17.

    Hasn't it always been like that?
  • TheWinterLord
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    TheWinterLord polycounter lvl 17
    I don't think we can rely on parents anymore, i just saw an american mom feed her baby coca-cola through a bottle... :(
  • Zack Fowler
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    Zack Fowler polycounter lvl 11
    That was voluntary ratings enforcement from the store. Passing it as law means when you do sell games to minors (and let's face it, store clerks will let some slip through here and there accidentally or otherwise), rather than being fined or otherwise economically punished by a ratings organization, you could face very serious legal repercussions. And the effect that can have on consumers is that stores get very paranoid about breaking that law and either don't take the risk of stocking the controlled games in the first place or they keep them behind the counter.

    Worth reading:
    ESRB enforcement
    The impact of the "Z" rating on Japanese retail games
  • MagicSugar
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    MagicSugar polycounter lvl 10
    I don't think we can rely on parents anymore,

    cue the annoying youtube Big Brother

    [ame]http://www.youtube.com/watch?v=Lgw2slDfx9Q[/ame]
  • Justin Meisse
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    Justin Meisse polycounter lvl 19
    If digital distribution outgrows brick and mortor shops I could see ESRB ratings disappearing all together much like the Comics Code Authority stamp.
  • praetus
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    praetus interpolator
    This is one of those subjects where I can to extent see California's point but I still have to call shenanigans. This really bothers me because people always like to use the line that they're thinking of the children but they don't look beyond their excuses at fail parenting to see how this is going to affect other people. If these were regulated it goes to say that some stores may not carry them due to worrisome fines. This snowballs into the possibility of game studios not creating games due to restrictions and artists being let go. It amazes me that California, with their economy in the shitter, wants to tighten the reins on markets.

    The problem is, there is already a ratings board that does an effective job, coupled with the fact that all current gen consoles have parental controls = what the fuck is the problem? I understand that many parents don't understand this "newfangled gadgetry" but fuckin man up and learn about what your kids are doing. Take an active part in their lives and quit raging on violent games your little snowflake is playing when your the damn person that bought it for them.

    You know, to an extent I know this must be hard for parents to keep up with. We all grew up playing with Mario and were relatively eased into graphic games as we got older, whereas kids now are seeing commercials on TV for some pretty violent shit. It's something that most of us probably don't think about how different it was when we were starting out. I just feel that if you feel you're ready to start popping out kids you need to be ready to educate them and yourself as the world changes and rather than force your beliefs on everyone.
  • Jeremy-S
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    Jeremy-S polycounter lvl 11
    I was carded when I bought Alan Wake, a "T" rated game, at Target. The guy at the counter said "I HAVE to card you, even though it's not even an "M" rated game, which makes no sense, but I hope you don't mind". I really don't mind.

    Carding people, and only selling games to people of appropriate age, I am for. Censoring them, ala Australia, I'm STRONGLY against.

    We say it's up to the parents, which I agree with, but there's so many parents who just don't care. They wanna be their kids bestest buddy, not their parent. Or they don't care what happens to their kid. So leaving EVERYTHING up to the parents is not the best idea in my view. Taking away control from the parent is not something we can stand for either. But if that kid has to get his parent to buy the game for him, then so what? I had to do that with music when I was kid, and my parents didn't mind (as long as it wasn't "fuckin bitches" and "kill whitie" music, that is).

    It's a touchy subject for sure, and probably a slipper slope kinda deal, considering even if they do card, that's no guarantee the kids won't get ahold of these violent games, just like with everything else we card for...
  • ZacD
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    ZacD ngon master
    its amazing how much power the esrb has over games, the status quo is fine, why change it?

    "The rating system is strictly voluntary, however nearly all video games are submitted for rating because many retail stores prohibit the sale of unrated video games and the major console manufacturers will not license games for their systems unless they carry ESRB ratings."

    "$800 fee for development costs under USD $250k $4,000 fee for development costs over $250k"

    and all 3 current console manufactures wont allow AO rated games to be released for their consoles.
  • ebagg
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    ebagg polycounter lvl 17
    Who here played a violent video game, watched a violent movie, or heard lyrics full of swear words before the age of 10? I'm guessing every one of you.

    How many of you took those influences to heart and carried out the same violence against others in real life, killing and maiming other human beings? I'm guessing none of you. In fact that is how our entire generation of 18-35 year olds are, minus a very tiny minority. And the members of that tiny minority all have been proven that video games were not the root cause of their violence.

    But as this generation, some of us are saying we should have the government restrict what we once had freely, because of the fear that next generation won't be able to handle what we were able to? What does that say about our generation as parents?

    Bad parents are the root of a lot of society's problems today, particularly youth violence. This whole video game regulation controversy that has been going on since the first pixel of blood was shown is completely moot. Where are the laws holding parents responsible if their teen commits violent crimes? Why aren't the parents of the killers from Columbine in jail for allowing their children to arm themselves to such a degree and slaughter innocents? Maybe if we held parents to a stricter standard when their children are violent, there would be more parents doing the job right and less kids being violent and causing us to use entertainment art as a scapegoat for parental shortcomings.
  • Quokimbo
    Lamont wrote: »
    Yet... ticking time bomb...

    Put me in this category.
  • r_fletch_r
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    r_fletch_r polycounter lvl 9
    Personally I'm not against legalising the ratings system / enforcing age checks in stores. I dont agree with content censorship but I think the games should only be available to adults who then have to make the judgement call on whether their kids can play the games or not.

    Let the responsibility fall on the parents
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