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Old 08-28-2010   #1
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Supreme Court to hear gaming case Nov. 2

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Supreme Court to hear gaming case Nov. 2

By Brendan Sinclair, GameSpotPosted Aug 27, 2010 4:27 pm PT

Oral arguments in dispute over California law banning sales of violent games to minors finally ready to proceed.

Written arguments in the Supreme Court battle over gaming legislation have already been made. Now it's time for the Entertainment Software Association and the state of California to plead their cases directly to the justices. California state senator Leland Yee--who wrote the law at the heart of the dispute--today said he would be in attendance on November 2 at 10 a.m., when the US Attorney General's office is scheduled to make its case before the court in Washington, D.C.

Signed into law by Governor Arnold Schwarzenegger in 2005 but challenged in court before it could take effect, California Assembly Bill 1179 sought to ban the sale or rental of "violent video games" to children. A "violent" game was defined as a "game in which the range of options available to a player includes killing, maiming, dismembering, or sexually assaulting an image of a human being." Under the law, retailers that sold such games would be subject to a $1,000 fine.

The bill would also have required "violent" video games to bear a two-inch-by-two-inch sticker with a "solid white '18' outlined in black" on their front covers. That's more than twice the size of the labels that currently adorn game-box covers and display the familiar Entertainment Software Rating Board (ESRB) rating.

In 2007, a circuit court judge struck down the law as unconstitutional but admitted he was "sympathetic to what the legislature sought to do." Last year, an appellate court judge backed up the original ruling. Months before the appellate court's decision, in an appearance on GameSpot's HotSpot podcast, Yee predicted that the dispute would be pushed to the Supreme Court.


this could change the world, really.
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Old 08-28-2010   #2
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Well, games like this shouldn't be sold to anyone under 17 PERIOD. This is why stores should ask adults who the intended game is meant for / ask for age verified ID from school or something :/
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Old 08-28-2010   #3
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This is going to be a hilariously one-sided case. There's no legal justification for making a form of speech unprotected just because it's interactive. This guy here pretty much explains everything wrong with this bill: http://www.escapistmagazine.com/arti...-Interactivity

Gunny, supporting that law is a horrible idea on so many levels. If this were to go through, there's a good chance that retailers would choose to not sell the games at all in fear of being fined.
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Old 08-29-2010   #4
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All they really have to do is start enforcing the damn age ratings on this shit more often is the only thing. It'd be better if they just got their asses on it and made it mandatory for age checks / for who the games were intended for. That SHOULD be the standard these days. The law isn't good at all, it is a bad idea, t shouldn't become a law. Thing is that its ridiculous that age checks / etc aren't more mandatory by now. Some stores do it some don't even give a flying fuck. I mean what the fuck is the point of ESRB then if their age ratings aren't being put into work. This bill wouldn't come UP if this kinda stuff was enforced more. Sure parents would get around it somehow for their retarded child who HAS to have the game by pleading and bitching and whining about it till they get their way. But honestly its better that way. At least the wrong games aren't falling into the unsuitable under aged hands.
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Old 08-29-2010   #5
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Gunny, if a 40-something person goes into a gamestop and buys a M-rated game for an underage kid, and the retailer asks, "Who are you buying this for?" the buyer can just easily lie and say it's for themselves. Mature rated games will reach kids one way or another, it's the equivalent of porn sites saying "Oh golly, you better be 18+, or you can't come in." A ten year old could get past that. Granted, I don't see GS selling GTA to little 5 year old Johnny Babyface, then that's up to the judgement of the parents. If little Johnny has a history of stepping on frogs, kicking cats and cutting himself, then his parents should probably not buy him the game. I've been exposed/playing over-than-me rated games not because I bitched and moaned about it, because my parents and whoever else got them for me believed I could take it. And I did. All the killing sprees I went on in Vice City ever since the 4th grade has never bled into my life.
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Old 08-29-2010   #6
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Quote:
Originally Posted by Dark Marmosett View Post
That SHOULD be the standard these days.
It is. Retailers already check more fervently than any other form of media, of their own choosing.
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Old 08-29-2010   #7
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Originally Posted by Yvl View Post
It is. Retailers already check more fervently than any other form of media, of their own choosing.
I still honestly only have seen one or two stores do it to date still. Its still not as done as it should be.

@ Irving, no shit sherlock. Thats what i just said.
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Old 08-29-2010   #8
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Quote:
Originally Posted by Dark Marmosett View Post
I still honestly only have seen one or two stores do it to date still. Its still not as done as it should be.
Your experience is atypical.
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Old 08-29-2010   #9
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Every store I've ever been in requires you to show an ID for games rated Mature, already.
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Old 08-30-2010   #10
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A woman at my work wouldn't sell me Zombieland and I work nights where you need to be 18+ to work and i'm 24.

They do check at times.

Of course I doubt making the rating sticker bigger will help. It is easily seen as it is.
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