Federal Judge Blocks Oklahoma Video Game Law

October 12, 2006 -
Federal District Judge Robin Cauthron has issued a preliminary injunction to block Oklahoma's video game law from taking effect on November 1st. The bill was signed into law by Gov. Brad Henry (left)  in June.

Although not a final ruling, the issuance of the preliminary injunction means that the law is likely to be ruled unconsititutional and that the video game industry will prevail in its suit against the statute.

Of the ruling, Bo Andersen, president of the Entertainment Merchants Association, which represents video game retailers and renters said:
"We are pleased that the federal district court... recognized that the Oklahoma law is very likely to be found to violate the First Amendment and thus should not be allowed to be enforced. Video game restriction laws have been enacted by state and local governments nine times in the past six years, and nine times the federal courts have blocked these laws from going into effect..."

Read Judge Cauthron's ruling here.

Comments

To Hecksville with constitutionality - trying to enact an unenforceable law that would fail to remedy a problem that doesn’t exist is a dumb enough.


Andrew Eisen

Dennis, jeeze man, take a break.

Five articles already and it isn't even noon central.

Go have a coffee. *nods*

Wasn't this law a replica of the Unconstitutional Indiana bill?

It's probably going to have to be 52 for 52 before certain people learn that the First Amendment applies to things they DON'T like, too.

If only one would appeal to a higher court, then we could have faster resolution. But hey, why waste the effort, it was only to get re-elected anyway...
-- If your wiimote goes snicker-snack, check your wrist-strap...

"If only one would appeal to a higher court, then we could have faster resolution. But hey, why waste the effort, it was only to get re-elected anyway…"

These DO get appealed to the Supreme Court, and the SC always denies cert, since there's no reason for them to hear it. They will probably continue to refuse to hear these cases unless one of the federal circuits ultimately rules that the law IS constitutional. Then they would take the case in order to resolve the circuit split.

I thought this already happened? Well, either way, it's a victory for the ESA and a loss for gamers. Why? Every Video Game law defeated brings us closer to the day Gamers are hunted down in the streets like dogs while the ESA claims we are all Pirates.

Think about it, whenever this stops, the ESA is still going to have lawyers on the payroll, and they can't just sit around and do nothing, lawyers are infamous for their desire to stay busy. After all this business, what would be their next move? Logically, to get rid of Piracy. According to Snoop Doug E Doug, the number one threat to the software industry is piracy. ARGH!

So, how will they go after pirates? Shut down mod chip sellers? Nope, they'll do the easiest thing and just bring everyone who signed up for VGVN to court and then drum up some reason why we're pirates, like say, you copied the free flash game you downloaded over to your PDA...or you have a share file...something like that.

@Kadamon: ...he's had a coffee- that's the problem. ;P

/b

Honestly, so many of these laws have been blocked, I can't keep up with which state it is anymore. It's like a domino effect.

I hope this gives a message to potential video game lawmakers that if it didn't work in other states, it sure as hell won't work in yours either.

I keep wonderign why they keep even trying to get these laws passed its like they don't learn from current history or realize that freedom of speech is worth more than its weight in gold to judges(if words can have weight.....dont ask).

@thefremen

I find it odd that they keep fighting to kill piracy givin the fact they put the games ina medium thats easily pirated to begin with(then againa true pirate can kill any protection you can put ona game even the high end 7 million number encryptions are cake)what bothers me is they go afetr folks pirateing games that are long past thier popularity and sales(like megaman X2 for example)instead of the ones really hurting the industry(ones that pirate current on the market games.

Ill admit right now yes i have a large collection of nes and snes roms(and not care if the esa reads this)not becuase i want something for nothing ,more to the fact i cannot find any of these games anywhwere for sale and the fact the companies are not making any money from these old titles(excluding capcom which pumps out the same crap for decades at a time).

If you ask me having a copyright on a single game for 20+ years is just insane not only does it block creativity and improvements but no copying of the game past its lifetime(meaning yes some games will dissapear forever like how i cant find a cart for ring king or caveman games from data east nor can i call them to buy a copy )means some will no longer be avialible to the next generation to enjoy.

In eiether case im relitively safe as are most people with roms as companies normaly go after much bigger fish(that and i have no money to really take :p)normaly folks who mass produce and sell the games.

ps:beena long time since i posted here.good to be back

nice victory for us. I guess I can continue to buy games without my ID.

of course it's going to be ruled unconstitutional. Jack Thompson penned it.

@ Siftr

I thought he penned the Louisanna game law.

- Warren Lewis

Consumer responsibility is just as important as Corporate responsibility. So, be responsible consumers.

@cyn1c42

While most of these bill are pretty much the same (which explains why they keep failing), didn't this one mix things up a little by punishing the buyer?

@Siftr

No, I think you're thinking of the Lousiana bill.

@Terminator44

You're thinking the Minnesota bill. It fined the buyer $25, and was primarily designed not to be enforcable, but to "make parents aware". Rather costly education campaign...
-- If your wiimote goes snicker-snack, check your wrist-strap...

Yet another victory for us. This bill was the worst of them all as it would have even fined parents for buying their 14 or 15 year old teen son/daughter who they fell were mature enough to handle it, the games. Not to mention the wording in the bill was so vague and overtly broad no retailer would have any fucking idea which games would fall under the restrictions or not.

@Jabrwock

Ah, now I remember. Thanks for clearing that up.

I'm ashamed to be an Oklahoman.

I really wish I didn't have to say that so often.

If they do another Batman movie, Brad Henry should play The Ventriloquist.

Another one bites the dust.
 
Forgot your password?
Username :
Password :

Poll

Will an M rating hurt Batman: Arkham Knight's sales?:

Shout box

You're not permitted to post shouts.
Andrew EisenYeah, saw that earlier today. Nice write up. Would rather watch the talk itself but haven't found a video of it.02/26/2015 - 7:59pm
E. Zachary Knighthttp://kotaku.com/how-anita-sarkeesian-wants-video-games-to-change-168823172902/26/2015 - 7:53pm
E. Zachary KnightAnita Sarkeesian has outlined 8 *suggestions* for improving representation of women in games. All of them are reasonable requests and easy to implement for those game designers who *choose* to implement them.02/26/2015 - 7:53pm
Craig R.Net Neutrality: let the lawsuits begin! (Which were going to be filed if the FCC moved to even so much as corrected a typo in their previous rulemakings)02/26/2015 - 6:59pm
Matthew WilsonThis is a interesting long form article about xbox live since halo 2. http://www.polygon.com/a/the-second-generation-of-xbox-live/page-102/26/2015 - 6:01pm
ConsterJust take pride in joining the group of net neutrality nations, even if it's only temporarily.02/26/2015 - 1:24pm
Matthew Wilsonfcc passed net neutrality. now lets hope they dont screw up the details. ps I am not holding my breath on that one.02/26/2015 - 1:03pm
ZippyDSMleeIf I could stand blizz I would do what I do in Facebook and use zippy, they can screw off if they do not like it.02/26/2015 - 9:31am
Michael ChandraAh. Now THIS is a good reason to not want to enable RealID: Anyone with your email can try adding you as a friend, leading to complications if they find out you're using it but declining their request.02/26/2015 - 5:15am
Michael Chandra(Also, why the hell would you not announce this?? Now people think they got a bug.)02/26/2015 - 5:11am
Michael ChandraThe only argument against the second that I've read so far is 'I'm afraid I'd accidentally RealID instead of BattleTag someone'. How secure are the RealID databases anyway?02/26/2015 - 5:10am
Michael ChandraIt's a silly argument detracting from the two main issues: Is this safe (so RealID only enabled but not given out through twitter in any way) and is it problematic to force people to 'use' RealID without actually sharing it with others?02/26/2015 - 5:10am
Michael ChandraGot to love how people immediately bring up 'yeah I don't see a problem with using my real name, it's not as if people can find me with it'. Maybe not you, but that doesn't mean others cannot be found.02/26/2015 - 5:08am
Michael ChandraSo apparently it's because they wanted to tie it to Parental Controls and didn't want to make a separate parental control for it due to that taking effort.02/26/2015 - 5:03am
ZippyDSMleeWhy do they have billing account name and user name confused? Never understood that....02/26/2015 - 3:29am
Matthew Wilsonhttp://www.bloomberg.com/news/articles/2015-02-25/google-s-computers-learn-to-play-video-games-by-themselves that is fairly impressive.02/25/2015 - 9:21pm
MechaCrashA universal ID among all of your characters across all games is a good idea. Making it use your real name instead of a screen name of your choosing is a horrible idea.02/25/2015 - 5:45pm
Michael ChandraThey also said posting on the forums was optional. To be honest, I really do NOT get why you'd introduce a new feature, brag about it and then secretly put a lock on it.02/25/2015 - 4:52pm
InfophileTwitter integration is a lot more optional than the forums (which was the last place they tried to enforce real names). So I don't see the backlash being as strong this time, especially since they aren't adding the requirement to an existing service02/25/2015 - 12:59pm
Michael ChandraIn the Real ID info, it's an optional thing for friends. Enforcing its usage for tweeting seems rather unnecessary.02/25/2015 - 12:14pm
 

Be Heard - Contact Your Politician