Lightning Round for NY Assembly: Video Game Bill Passed in a Day

Lightning Round for NY Assembly: Video Game Bill Passed in a Day

May 31, 2007
Yesterday GamePolitics broke the news about a new video game bill under consideration by the New York State Assembly.

Now comes word that the measure, A08696 has already been approved by the Assembly. Last week the New York Senate passed its own video game bill, sponsored by Sen. Andrew Lanza (R). Legislators in both houses are moving quickly because the current session ends on June 21st.

So what will happen to the two bills? The Associated Press is reporting that:
Senate Majority Leader Joseph Bruno (R, left) has called for a conference committee of members of both chambers to find a compromise before the scheduled end of the legislative session...

[NY Gov. Eliot] Spitzer announced in Wednesday's leaders meeting that an agreement was reached between the majority and minority leaders of the Assembly and the minority Democrats in the Senate to restrict the distribution of the videos to youths.

Conservative Republican upstaters and New York City liberals alike showed a rare, broad-based support for some action on the issue.

GP: It's clear that video game legislation enjoys bi-partisan support as well as the backing of the Governor. New York will have a video game law this year, as well as the inevitable video game industry legal challenge.

Comments

umm i haven't seen any of you guys mention this but

shouldn't it be up to the parents do tell kids wat they cant do and do

as a teen ive wanted so many M rated games but do i get them...no i dont because my parents are smart enough to say no

and we should be talknig about the false words spoken about video games Like the army uses video games to desense a tize the recuits from killing(FALSE)

the army uses video games to simulate wat might actually happen so the recuits can learn wat to do if a situation happens to occur to save as many lives as possible
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@Gameboy

Yes I know, but it's odd. Ben Franklin already explained to the British people our way of thinking two centuries ago. We hold these truths to be self evident: all men are created equal and censorship is wrong. A cat is fine too.
@Gameboy

If the news does pick up on the NY story, the only way the "true" story will be told is if they get someone other than the members of the NY government to show why the bill was shot down. Otherwise, all you'll hear is "Heroic bill preventing the sale of violent videogames to kids shot down by big evil game industry". They not only have to show why it was unconstitutional, but why some of the examples and measures in the bill made no sense in the first place.

They need to show how the bill would have had no bearing on the V-Tech or Columbine games, how game stores are already taking measures to prevent selling Mature rated games to kids, how ambiguous the rules for judging the game content were, and how any kind of bill like it would be unconstitutional.

It still wouldn't stop a gung-ho state government from passing the same bill, but it sure would make the voting public think twice.
@ Anon

Agreed with above, awesome quote from Jefferson.

I can see big brother looking over my brother's shoulder and nailing a random store because they sold him World of Warcraft /sarcasm
I was just thinking that this might not be all bad. Yes, making selling of video games a Class E Felony is wrong. Requiring parental controls is redundant. What would this council actually do, and why does a state need it? And the Salvage Claus is retarded.

But, it just hit me, this is happening in New York. Everyone pays attention to New York, even if they mostly watch the city. This could turn into a high profile case. I've still not seen a mention of video game legislation in my state paper. It hasn't covered any of the past attempts. But maybe that will change soon. Perhaps as these New York law(s) go to court, the news will pick up on it. And people across the nation will see the true story here. With a high profile defeat of this legislation, we may no longer see these stories here.

I know I'm being naive. We WILL see more. There's no escaping that fact. But maybe, just maybe, there's a chance. And hope springs eternal.

@ Thefremen

Hey don't be so hard on EvilJez. He just has a different point of view. It's not a terrible, insulting, and completely biased view like USA Hater's was. He seems completely willing to discuss the topic on this forum. Rather than run him off, feel free to debate. Otherwise, all you do is prove the senators in New York and elsewhere right.
To Anon,

Yes indeed. And nice quote of Thomas Jefferson. Blaming the evil actions of those insolent and violent teenagers' on movies and games is just totally sick and disgusting.
Iv read both sides of the coin. Some people say its totally wrong. Some people say well, its not censorship, they are just trying to prevent minors from getting their hands on violent games. Noble indeed....

I'm sorry, but this bill is wrong. First off, millions of people play violent video games in the US alone. I know for a fact a decent amount of them are under 17. Now, with that understood, how many kids under 17 have shot people up? VTech and Columbine are not arguments because in BOTH shootings video games were ruled out as a leading cause.

So, ok little timmy gets that M rated video game from wal mart. Fine. Little timmy brings home said video game to play. Now, wouldnt you think timmy's mom would find out what her son was playing? Any decent parent that gives two shits about their child would know what their kids are into.

Gentlemen, we have here a failure for our politicians to understand what a video game is and its effects on people. They do not do research on their topic and they go PURELY off of EMOTION. That, is DANGEROUS. Not only do they not know much about video games, they are also using shock and fear factors to get it passed. This is scary.

If your not scared of this bill because its not censorship then be scared shitless of this bill because its just another step the government is taking into become a parent to the whole country. A big brother so to speak.

"Those are governed best who are governed least."
-- Thomas Jefferson
To Stinking Kevin,

"Go British? Hasn’t the UK had been under government-enforced censorship of entertainment media, at least since the “Video Nasties” of 20 or 30 years ago? (Maybe I missed the sarcasm — sorry if so!)"

That's long time ago, now the "Video Nasties" have been unbanned and released uncut. One prime example will be our favorite zombie movie, err I mean almost favorite, "Zombie Flesh Eaters" (Zombi II in Italy).
Excessive punishment is constitutional to some degree. See Ewing vs California, where a man was given 25 to life for shoplifting golf clubs and the Supreme Court upheld it.
@eviljez

If you want to REALLY troll, post a game on newgrounds about some horrific (inter)national tragedy. It doesn't even have to be good. Something like "darfur mass killings" or "v-tech shootings 2: the vengence".

Your time will be better spent and people will pay more attention to you.
I guess things like this are going to have to happen before there can be a constitutional ruling in favor of the industry, no?
Regardless of the arguments, the simple and clear fact is that regarldess of what some of us may think is the right way to handle this, this bill is DOA, as 9 others before it.

I swear, the industry should go to SPitzer and tell him they are gonna sue him directly for there legal fees if he signs this, and make it a public event to show his constituents just how he's wasting all there money.
...stop me from posting on your board...

I will proofread someday...
because a mature game can not have that and a AO rating can kill a game its tant amount to censorship, the same can be said for smoking being a automatic R rating however R movies sell and unrated DVDs at wallyworld now a days thus its not a issue……

Just to be clear: The First Amendment doesn't necessarily let you say whatever you want, whenever, however. It limits what the government can do to stop you from saying something. Private citizens, corporations, etc. can all still do things that are "tantamount to censorship". You see this all the time on forums around the internet. Someone gets told to STFU and comes back with "I have the right to free speech." The government can't stop you from making a message board. You can stop me from posting on my board. The same applies to the ESRB and the retail outlets. They can say they don't think God of War is okay for 15 year olds. It's up to them. They can tell me that I can't buy a cordless phone because I look shifty, if they want to. It's their private business. This is part of the reason that, in the U.S., private ratings systems can't be given the force of law. Then the government would be advocating something that is tantamount to censorship.

Just because you have the right to say something doesn't mean I have to give you the tools to broadcast it.
Now, the whole ’severability’ clause is what has me puzzled and concerned. Does that mean the whole bill itself cannot be declared unconstitutional? Does it mean that if it’s declared unconstitutional when a specific game is called into question, that game is let off the hook but the bill stays in effect for anything else? How can it be ’selectively unconstitutional’, as it were?

It means that if one part of the bill gets declared unconstitutional, the rest survives. So in theory you'd have to kill the monitor committee and the make store clerk felons parts separately.
A few thoughts:

Not only violence, but *any* nudity and *any* sexual content included in games would become outlawed. Which, okay, most games I can think of that have those have the whole depraved violence option covered (I'm lookin' at YOU, God of War...), but still.

Now, the whole 'severability' clause is what has me puzzled and concerned. Does that mean the whole bill itself cannot be declared unconstitutional? Does it mean that if it's declared unconstitutional when a specific game is called into question, that game is let off the hook but the bill stays in effect for anything else? How can it be 'selectively unconstitutional', as it were?
BTW looking at some of the ratings issues with BIoshouck over AO for killable little sisters it leads to think that if Fallout was made today it would get a auto AO rating because of the hookers and the ability to kill kids.

because a mature game can not have that and a AO rating can kill a game its tant amount to censorship, the same can be said for smoking being a automatic R rating however R movies sell and unrated DVDs at wallyworld now a days thus its not a issue......
@cybrsage: "I will assume everyone has no problem punishing people for selling Adult movies to children.

Since we agree there has to be a limit somewhere, and there should be punishements for breaking the rules, we just need to determine where to put the limits."

Okay, stop right there. You're directly comparing violent video games to adult movies, which is a False Premise, a standard dishonest debating tactic. No such similarity exists; basing an argument against the former because of the restrictions on the latter is totally invalid.

"This law would not prevent a parent from buying the game for a child (unlike the laws about adult movies), just prevent the child from buying it themself.

There are a myriad of laws preventing children from obtaining things they need to be older to obtain. Why is this one so evil? Could it be those railing against it are children themselves or people who profit off selling things to children?"

And there's another dishonest debating tactic: Questioning the motives of the opposition (or perhaps Name-Calling, depending on how you look at it).

The simple fact is that the law is bad from the ground up. Do we need to protect children from violence? The jury is out on that one - there seems to be evidence that sheltering the children from violence can cause greater harm than allowing it. But a vague, overreaching law like this is definitely going to be harmful if it gets passed into law, to retailers at the very least.
" Senate Majority Leader Joseph Bruno (R, left) has called for a conference committee of members of both chambers to find a compromise before the scheduled end of the legislative session…

[NY Gov. Eliot] Spitzer announced in Wednesday’s leaders meeting that an agreement was reached between the majority and minority leaders of the Assembly and the minority Democrats in the Senate to restrict the distribution of the videos to youths.

Conservative Republican upstaters and New York City liberals alike
showed a rare, broad-based support for some action on the issue."
--------------------------------
We pass bill we get votes tax payers pay the court costs we pander abotu the evils of it again and get more votes....to pass it again...for the tax payer to get waped once more.....

Don't you love politicians !
Here are some crimes in New York that are Class A misdemeanors (up to one year in jail):

Sexual abuse in the second degree (non-intercourse sexual contact with a minor under 14) [Penal Code 130.60]
Bestiality [Penal Code 130.20]
Necrophilia [Penal Code 130.20]
Forcible touching (i.e, sexual groping) [Penal Code 130.52]

That's right, if A8696 were to be enacted as drafted, perpetrators of these crimes in New York would be punished less severely than a clerk who sold a 16-year-old a video game that contains depictions of “depraved violence” and “indecent images.”
Wait... if eavesdropping by technological means is a felony... why haven't they arrested the President yet? No one should be above the law.

Seriously though, this law is probably going to fail on so many levels.
@Mortium: What you propose is impossible, for the same reason that fuel "boycotts" don't work. Even if you could get a large number of game companies and game stores to toe the line, you'll never get all of them to do so, and companies like Wal-Mart, who support a strong Christian mindset and are, therefore, in support of laws like this; they would happily take all of the sales from the other companies closing their doors.

@Starsmore: Are you sure you're responding to something I said? =^_^=
[...] Lightning Round for NY Assembly: Video Game Bill Passed in a Day Yesterday GamePolitics broke the news about a new video game bill under consideratin by the New York State Assembly. Now comes word that the measure, A08696 has already been approved by the Assembly. Last week the New York Senate passed its own video game bill, sponsored by Sen. Andrew Lanza (R). Legislators in both houses are moving quickly because the current session ends on June 21st. So what will happen to the two bills? The Associated Press is reporting that:Senate Majority Leader Joseph Bruno (R, left) has called for a conference committee of members of both chambers to find a compromise before the scheduled end of the legislative session
"I will assume everyone has no problem punishing people for selling Adult movies to children."

Varies for parent, however pornography is illegal to display to a minor regardless of parental discretion.


"Since we agree there has to be a limit somewhere, and there should be punishements for breaking the rules, we just need to determine where to put the limits."

Yeah, some retailers already have punishments in place (gamestop has the pink slip response). Why do we need to make it a felony which results in jail time. Jail time will harm a person, and of course a fellow inmate will probably ask, "what're you in for?" They'll laugh at the truthful answer, and that person will be looked upon as fresh/weak meat. Why should we subject someone for selling a videogame to basically be scarred horribly in jail?



"This law would not prevent a parent from buying the game for a child (unlike the laws about adult movies), just prevent the child from buying it themself."

True, but I guess you don't understand how parents may simply deny such a claim that they bought such "trash" for their child. They'll lie and say the game box was switched or something. Or even worse, they'll place blame upon the retailer to look good in front of her "tea friends."
Then an unlucky clerk may be subject to jail time for simply doing his job.



"There are a myriad of laws preventing children from obtaining things they need to be older to obtain. Why is this one so evil? Could it be those railing against it are children themselves or people who profit off selling things to children? "

See above scenarios. Just because that may "not" happen, it does happen a few times. Why allow such a chance at such a scenario. Some people are just simply irresponsible.
What if the child just simply said they got it from a friend (who looks innocent) and the parent doesn't buy it and then eyes the retailers?

Putting laws like this doesn't save ANY lives. It is a pointless law (such as the 'can't kiss in public' law that we have here) and this law is dangerous since it allows for a serious offense to be put on record which will take away some rights from the convicted.

It is worse that it was passed without a hearing, they _KNOW_ it is unconstituional. They just want to pass it to look good in front of the public, and not have the "you've been warned" from the commitee.

The difference in what harms a child is that video games do not harm a child. In fact, they may benefit with greater reflexes and responses.
Some may get addicted to games, but that's another issue altogether, as it is the parent's responsibility to teach their child about management of time. That is why it is understandable that a child should be older in order to handle the material, it doesn't mean it should be a law that'll use up more money to enforce government involvement in a material object that does no harm to a child. Drugs, which alter the mind do harm a child, and that's why there are laws against it.

I also wouldn't be surprised if there are some children that view this website and despise the law making it illegal for them to obtain it. It is an understandable situation. Were you not a child and "wanted" something but couldn't get it? It is a natural human instinct.
The difference is, a child may think differently upon how they interpret this. They aren't harmed in any way, however they may have friends that are retailers, and wouldn't want to cause them harm at the sole expense of them wanting a simple video game.

I think the children that can get ahold of $50 for a video game must've got it by either working, or from their parent. What kind of idiot parent would give a child $50+ and not ask where it is going?

Minors that are working would also be subject to these laws. What if they bought it themself? Would they be subject to felonies?

It is silly how they make up laws like this [especially vague language], and that is why we have a problem with laws like this cybersages.

I'd go on, but I think I will just sound like I'm reiterating what everyone may have already mentioned.
Nekojin:

How about the fact that a 17 year old can go into Wal-Mart and purchase unrated versions of pretty much any movie out there. Unrated movies being advertised as the stuff too bloody for the theaters. Hostel, and the like.

...yet you don't see politicians making it illegal (through threat of jail time) to sell that kind of stuff, do you?
I just had a thought... a rather EXTREME way to put an end to this non-sense once and for all, but it might be the only way....

TOTAL VIDEO GAME INDUSTRY EMBARGO ON THE STATE OF NEW YORK

hear me out, and the industry will have to move fast to make give this threat some teeth. Upon signing the bill, all specialty retail shops close (just pack up the stores and re-distribute the merchandise to other stores in other states), all game studios begin relocating out of the state, an import ban on all video games and systems to the state, including on-line retailers like Amazon and eBay. The embargo will stay in effect until such time as the law is repealed and ALL the legislators who voted for the law AND the Governor are replaced. In order to enforce the ban, stores in the states surrounding NY will have to check ID before purchases ("In order to protect our employees from potential criminal charges in the State of New York we can NOT sell any game or game system to any resident of New York").

The full impact of such an embargo would not be felt until the Holidays, but once it has re-election will be the LEAST concern for the politicians...

Personally, I would not want to have to face a mob of angry parents who cannot get their children the toy they want most for the Holidays, no matter how much money they are willing to spend...
~ Adding: There are other dishonest debating tactics in that post, especially in the first and second paragraphs, but the two I cited should be enough for now.
cybrsages: "Freedom of speech has always been restricted. Try shouting “fire” in a crowded theatre when there is not a fire and then claim you are exercising your freedom of speech."

There's an extremely large difference here. The government cannot ban theaters or make laws preventing certain classes of people from entering them because somebody might shout "fire" there. See also: Prior Restraint.
@EvilJez
“Regarding this ‘Chilling Effect’… All the precident outside of America say’s your wrong!”

what your not taking into account is the difference in politicans and the kind of activism there is in this country... From what i've heard, most other countries with such laws don't have many politicans railing against vidoe games, the fight out there is very weak. Furtharmore, other countries have video game laws that reflect the same laws that have had for other media for years; the retailers in those countries are well adapted to dealing with such laws... hell, because those laws are common place, i'd imagine that not too many minors would actually try to buy such games or movies cause they know they would probably get caught; some might, but alot less... with less minors trying to buy such things there is less for the retailers to look out for, the retailers of which have been watching these things for years...

However, america is different... this is the first of this kind of law, retailers are not used to having to maintaining perfect performance, watching every single solitary customer that walks in; worried that when one of their minimum wage emploees (who may not care too much) doesn't check for id it could result in harsh penalties... they do what they can, but that are not used to keeping a that close of an eye on things... to make matters more different, our politicans would be highly active in this area. For the sake of "save the children" they would be conducting stings on retailers and watching them like hawks... the moment they screw up is the momnet they become an example for everyone else... unlike retailers in other countries, they have more reason to worry about one of their employees making a mistake and actually getting caught... since politicans in other countries don't watch things as closely, if an emplyee makes a mistake is very likely the mistake will go unnoticed, thus the retailers have little to worry about; their just not being watched... In other coutnries, it's probably like how achohol sales are done here... alchohol has laws that prevent the sale of it to minors, but the issue and activism over alchohol is very weak these days... stings done to actually check that the laws are being upheld are rather rare; hell some bartenders don't even bother to check for ID because they know the chances of cop walking in the day a minor buys a drink is very slim... unfortunatly, because video games have a big target on them, politicans will be stinging retailers often to catch them breaking the law... eventurally it will get to the point where retailers may want to stop selling such games so that it becomes litterly impossible for some minimum wage teenage employee to screw up (no offense to the good teenage employees out there)

hell we don't only have politicans, but we got plenty of activist groups and poeple who would love to do the job for the politicans... groups like the Eagle Forum, NIMF, and Jack Thompson... these poeple would be stinging retailers until they stopped selling such games completely... it would be a serious blow for the industry if someone like wal-mart stopped selling many of their (a company that is a leading seller of games, but yet makes most of it's profit selling other junk and thus doesn't need to sell games that could cause it trouble),games...

@cybrsage

"There are a myriad of laws preventing children from obtaining things they need to be older to obtain. Why is this one so evil? Could it be those railing against it are children themselves or people who profit off selling things to children?"

None of those laws however go against what the consitution states... Porn, is not considered protected speech and therefore it does not violate the 1st amendment to restrict it too children... laws for substances, like drugs and alchohol? nothing in the constution that protects these things... restrictions on R-rated movies? there is NO law preventing the sale of R-rated movies to children, for the same reason these video game laws all fail; violation of the 1st amendment... unlike all other laws that restrict minors and not adults, this one actually does violate the 1st amendment... also i believe it has already been ruled that minors do have the same free speech rights as adults

In order to make an exception to free speech, such as yelling "fire" or porn, a person must prove that these things should be restricted. the 1st amendment is very strict, so it takes alot to show that something should not be protected as a form of speech... so far, lawmakers have tried everything in the book to show that violent video games should not be protected as free speech, however the courts have so far unamisouly agreed that such arguements are far too weak to constitute and exception to free speech. The problems that video games can cause are just about as small as every other form of media; other media which ofcourse is protected

and as if actually visited this site regularly, you would know that the majority of commentors on this site are adults, not children, and don't actually have anything to profit from getting rid of such laws... some maybe minors, and some may work in the industry, but most do not...
@Barfo

Generally, those of us here who say we're in favour of keeping M-rated games away from kids mean that we're in favour of two things: Stores not selling to kids and parents giving their own approval for their own kid. I believe most of us are fine with a parent saying it's saying it's okay for their child to play a game that's "out" of the given age range. In fact, that's really what most of us want - parents to step up and act like parents, as opposed to relying on the nanny state. As I was saying, just because something is a good idea, it doesn't mean you need a law for it. Laws make things overly complicated. Sometimes they need to be complicated. Sometimes they don't. Here they don't.

If you think your daughter can play whatever Teen game when she's 10, or 8, or whatever, more power to you. The point is that you're making the decision on what is appropriate, not the government.

The idea is that we generally agree some stuff is probably not appropriate for most kids of a certain age. That's why ratings and descriptors are nice. However, we also know that there are exceptions to every rule. Metal Gear Solid might be to complex for most 15 year olds, but it might be perfect for mine. That's fine, it's now become my decision as a parent.
@cybersage

You are talking about the only few instances where freedom of speech is restricted (but not without good reason) and acting like it's a real issue. First off shouting fire in a crowded theatre trying to get everyone to panic is inciting a riot. Shouting this is a robbery I have a gun is a threat to the bank and the customers, (unless it's immediately obvious you are joking). The only other times free speech is understandedly restricted (that I can think off the top of my head) is divulging military secrets (treason) and slander.
The 'fire in a crowded theater' thign is a false dilamma, as well as the exception that proves the rule. Fact is that the only options are that all speech has to be guaranteed free or that no speech is free (the false dilemma). There is a middle ground wherby the courts classify those portions of speech that are definitely not protected and then presumptively assume that all other speech (particularly expressive speech) are protected unless they can be showed to be one of those categories of unprotected speech. So for example (not a complete list), commercial speech, spech that directly incites a public disturbance or law-breaking, and obscene speech are all not protected by the same level as other speech. But the fact that those are specifically spelled out as being not protected by 'free speech principles' is in a sense what proves that those principles exist, since if no speech was protected you would have no need to poitn out that there are some types of speech that are specifically not covered by First Amendment protections (exception that proves the rule).
I always read stuff in here from some portion of people who say something along the lines of 'I'm in favour of keeping M rated games out of the hands of minors, but..' etc etc. Well i hate to be incendiary (i do respect that some people reach that conclusion) but i think that the contrary opinion does not get enough exposure.

I am absolutely NOT in favour of keeping M rated games out of the hands of minors, except for my daughter (2.5 yrs right now). And when shes older and i feel she can handle them or T games then i fully expect to revise that prohibiton on a game-by-game basis. (We had a very fun time playing Bully over the weekend together, although i am still just at the level of trying to work on basic profciency at controlling the key functions of the dual shock with her right now)

But i have no interest in tryign to keep M rated games out of other kids hands, it shoudl be fully up to the parent (and also to a certain extent the kid) so of course netiehr am i in favour of trying to put M games into the hands of minors either. Thats because there is no legitimate societal interest in doign so, its not my business to be telling other parents they should be doing a good job parenting, im busy enough just parenting my own progeny. And I am fully confident that video games have little or any harmful effect on kids anyways (and tho the evidence is not conclusive either way, so far the courts agree that it is correct based on the current available evidence to take a skeptical view) so it should be fully up to the parent what they do, as opposed to things where we do tell people how to parent (such as they have to send their kids to school, kids cant drive on public roads until age 16, cant smoke/drink, etc) where there are obvious and clear social interests in those strictures (such as sending them to school so that the younger generation is more likely to be productive members of society armed witht he knowledge they need to contribute, or the fact that 12 year olds driving cars around would be a public safety hazard, etc).

Fact is that i can't see any other basis for the statment to the effect that one agrees with keeping M-rated games out of the hands of other people's kids than that one is already granting that there is presumptively a long-tern harm that is happening to these kids if they are playing these games (perhaps somebody could enlighten me as to an alternate justification). Which, although its a fine hypothesis for scientists to do more primary research to test the validity of, i think given current state of the evidence on both sides is an idiotic principle to base any sort of decision making on absent some future evidence that will actually show some tangible real world harms.
The problem is that there is no proof that there is anything actually harmful in games - unlike, say, cigarettes. There's a legitimate reason to keep them out of the hands of children. Games don't cause riots. Games aren't threatening people with a gun. There is no proof that games cause any actual harm at all.

Games are no worse than movies, books or TV. Outside of porn, there is no law that keeps those things out of kids hands. Why single games out? Why do you need a law restricting games?

Do I think some media should be kept away from children? Yes, I do. Do I need a law to do it? No, I don't. Just because you agree with an idea doesn't mean you automatically need a law to enforce it. Brushing your teeth is good for you, it doesn't require a law.

Be a parent. Do your damn job. Can't be around the kids all the time? Use your v-chip. Use your parental lockout. Stop trying to force other people to raise your children.
Freedom of speech has always been restricted. Try shouting "fire" in a crowded theatre when there is not a fire and then claim you are exercising your freedom of speech.

Try walking into a bank and shout "This is a robbery, I have a gun, give me all your money" and then claim freedom of speech and see how far that gets you.
I find the burning a cross thing hilarious. That's a silly law. However, to be fair, each state has at least one silly law (that's rarely ever enforced), but making that a felony... I could run out of breath laughing at that.

Anyway, this law will need to fail, and then they need to pass some measure to bite the politicians in the ass that stupidly passed this law.
There needs to be instant reprecussions for idiots that try to pass things like this, instead of "next" election day.
I will assume everyone has no problem punishing people for selling Adult movies to children.

Since we agree there has to be a limit somewhere, and there should be punishements for breaking the rules, we just need to determine where to put the limits.

This law would not prevent a parent from buying the game for a child (unlike the laws about adult movies), just prevent the child from buying it themself.

There are a myriad of laws preventing children from obtaining things they need to be older to obtain. Why is this one so evil? Could it be those railing against it are children themselves or people who profit off selling things to children?
[...] Last week, the New York state Senate passed a bill that would ban the sale of certain video games to minors, ignoring the small matter of unconstitutionality that’s seen the laws struck down by the courts in other places that have passed them. Now, the State Assembly is working on its own video-game ban law, and it goes even further than the Senate version by making retailers that sell games with “depraved violence and indecent images” to minors subject to felony charges. The bill also requires video game consoles sold in the state to feature some sort of parental-control technology (which GamePolitics notes the current major consoles already have), and it would give the state’s attorney general the power to stop sales of machines without it. For some unexplained reason, computers and handheld devices are exempted from this part of the law, when it would seem that they pose just as big a “threat” to the youth of New York as consoles. Perhaps the biggest change is that this bill includes a severability clause, which says that if a court finds any part of the law unconstitutional, only that portion will be struck down, rather than the entire law. That sounds like little more than an attempt to skirt the Constitution by lawmakers who know the law will fall foul of it, but all it really does is increase the amount of taxpayer money the state’s going to have to waste defending the law in court before it’s inevitably struck down. Update: Well, that didn’t take long — the Assembly passed its bill in a single day. Now the two bodies have to patch up the differences between their two bills. [...]
To be clear, eavesdropping in the context of the NY law isn't merely overhearing a conversation. It refers to electronic surveillance, primarily - wiretapping, bugging and the like.
@Brandon

Evaesdropping? EAVESDROPPING? Are you kidding me? People do that all the time, it is wrong but that doesn't mean they should make it a felony. Maybe it's one of those laws that they never enforce.
Here's an idea why not the ESA show up during the bill's next step and remind all those present that they will challenge it on consitutional grounds and that will make the NY government pay for legal if/when the bill is declared unconstitutional. If that doesn't work then there is no hope left.
@Evil Jez --

The difference between the United States and England, Australia, Canada and the rest of the world is that the First Amendment of our Constitution states that there will be no laws passed abridging our freedom of speech whereas no other country has such a thing. Over the years, there have been numerous cases in our courts that further define the limits of that freedom, and laws like this from other jurisdictions have already been struck down by American courts. The "chilling effect" argument has been used specifically against laws like this, so there is precedent in U.S. courts.

Why would an Amercian court try to interpret an American law by looking at precedent set in another country?
@Namrepus221:
You realize that the game industry doesn't "get" a cent of anything they win. It all goes to the court fees they paid to fight against the bill. There is no "positive" in this, only wasted tax payer money.
How much do you think that the gaming industry will be getting out of the state of New York when this law is being stuck down as unconstitutional?

I'm betting $2 million.
I was also kinda curiouse, and I found a few other Class E felonies for New York.

"Riot in the First Degree"

"Criminal anarchy"

"Aggravated harassment in the first degree"

"Eavesdropping"

"Bigamy"

and "Incest"

Just a few other class E felonies, and yet, they want to lump in selling M rated games to minors in with these, yeeeah again.
It is times like this I am glad the US has a nearly redudent system of checks and balances.
This is so going to get shot down, and honestly, it should, I mean, a felony for selling a M game to a minor, especially compared to some of the things that Scoops just posted, yeeeeah.
God, how many Amendments can we take a crap on at once? It's like some...depraved, yeah that's the right word...fraternity stunt!
Sorry, 4 to 16oz of pot.
Hey where can I sign up to be a lawyer when this bill goes to court. I need some money so I dont have to work for the rest of the year. Its an open and shut case unconstitutional law. So if anyone knows how I can get on board please let me know. I need money and the governmet seems to be giving it away for free. hmmm maybe I will sue the government by myself
So, I googled around... here are some other Class E felonies in New York State:

- Possession of up to 16oz of marijuana..

- Leaving the scene of an accident involving serious injury or fatality...

- Burning a cross in public....

- Third degree rape......


Seriously: What the hell?
@ Vincent: "How can they review the subject of videogame violence and still not know anything about it?"

That's easy, actually. They don't engage any brain cells themselves and actually analyze the situation. They just take other people's summaries (no matter how slanted, biased, or inaccurate they may be), accept them as fact, and go from there.
[...] Lightning Round for NY Assembly: Video Game Bill Passed in a Day [GamePolitics.com] [...]
That 3 strikes law is just stupid... it should be "Sell 3 violent games to minors and you'll be forced to PLAY 25 to Life", that seems like it's just as big a punishment as jail time.
How can they review the subject of videogame violence and still not know anything about it?
One more thing. While this law mandates the parental lockout stuff that current-gen consoles already have (and would reasonably be expected to keep from here on out anyway), it doesn't actually mandate anything about games carrying the necessary info for the console to lock them out.

Highly useful regulation, that is.
I was going to respond to several of the posts in this thread, but I just realized something even more chilling.

This is a law being passed in the State of New York. That means that it only applies to New York. If other states want the same treatment, they have to pass similar laws.

What does this mean? It means that the ESRB would be subject to oversight by up to FIFTY different state-sponsored groups. Talk about death by committee.

If that were to happen, the ESRB would be functionally dead in the water, as it would be impossible to get full, completed games rated in anything approaching a reasonable time frame. What happens to our game industry then?

That said, that's a worst-case scenario; smart money says that this bill is a lame duck that won't ever get to enforcement.

- - - - -

One last point: "WHiel draconian penalties are not unconstitutional, vagueness is."

Actually, there's constitutional protection from penalties that are out of line with the infringement - the Eighth Amendment reads, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." There are ample case files for precedent for similar items - why should the penalty for selling a violent video game to a minor be more severe than selling alcohol or tobacco to one? It is a Class 1 Misdemeanor to distribute alcohol to a minor; this bill makes the sale of a violent video game a [b]Felony[/b]. That would be a textbook case of an 8th Amendment violation.
A few points that come to mind perusing the article and comments.

For the umpteenth time: Why are games singled out here?

As to the idea of a chilling effect via US legislation compared to other countries: The US is the single biggest game market. As a game maker, you can deal with Germany banning a game, or Oz, or Canada (which hasn't happened). If a game were to get banned in the US, it would pretty much automatically fail financially. Also, thanks (or not, whatever) to the US constitution, you can't give a rating system the force of law. This is where the chilling effect comes in. In Canada, as mentioned, some provinces have given the ESRB ratings the force of law. If you sell an M game to a 15 year old, without parental approval, you get charged and fined. That's cool. I personally have no problem with that concept. The problem is, in the US, you are talking about violating the founding concepts of your nation to bail out lazy, stupid parents. Since you can't give the ESRB the force of law, you get descriptions like this bill has: "ANY VIDEO GAME WHICH INCLUDES DEPRAVED VIOLENCE AND INDECENT IMAGES THAT ARE ACCESSIBLE TO A USER."

Regardless of what people may think, this is to vague a metric to use. What's indecent to one person is reasonable to another. In addition, since you now have to worry about what's indecent or depraved, you have to tread lightly. You tone down what you're doing. It has to be okay for New York. Then Iowa passes a bill with the same wording, but a different standard. Then Nevada. Then Utah. Now you have to make a game that doesn't offend the "standards" of any of these places, just in case. That, my friend, is a chilling effect. As someone living outside the US, but drawing a much of my media intake from there, I'd really appreciate it if y'all didn't have to water everything you do down to appeal to folks in some arch-conservative region.

I also feel that the idea of jailing someone for something like this is stupid on a level that it is difficult to conceive of. Jailing someone for selling games to the wrong person would make the war of drugs look like a sane and measured response to a problem.

Ultimately, regardless of how unconstitutional this bill probably is, there's a great back door in the fifth line of the bill. "WITH KNOWLEDGE OF ITS CHARACTER AND CONTENT". Hire clueless people, and don't teach them anything - not even what that M on the front and back of the package means. "Hi! Welcome aboard. Whatever you do, don't look at anything on the game packaging. Don't read anything about games. Don't play any games we sell."

Worth noting: You can argue that this bill does, unintentionally, cover movies sold on DVD/HD-DVD/BluRay (particularly HD-DVD).
There doesn't need to be any laws. If you don't think kids should play specific games, then don't let your kids play those games. What makes you a good parent is rasing a well adjusted child. Just because someone else may have a differnt parenting style than yours does not make them irresponsible. Stop letting the government influence parenting styles. It doesn't matter if you agree with them or not. Be a better adult and take care of your kid.
@eviljez

"I just genuinly believe that adult games should kept out the hands of minors, and any measures that help achieve that can’t be all that bad."

Look at US anti pedophilia laws. A minor can be charged as a pedophile if the minor is sending nude pictures another minor. A minor getting a blow job from another minor can be charged for sodomy(or whatever the law labels it as) and labeled as a sex offender for the rest of his life. If he had just been having sex nothing would have happened.

When those laws were written it was never the intent of the law makers for a pair of minors to be labeled as child predators because they were having a consensual relationship and thought it would be fun to send pictures back and forth. I doubt any law makers wanted a 16 year old guy to get labeled as a sex offender because he was getting a blow job from a 17 year old girl at school.

The fact is all it takes is a badly written law and an over zealous prosecutor, or in the case of liability crimes(I think thats the expression) where they are forced to prosecute. 3 lives are pretty much screwed by a conviction that will follow them around for the rest of there lives. All of them are entered into databases which will track them till the day they die.

Laws like this will always do more harm then they will ever do good. simply because they are badly thought out and no one thinks of how the law could be applied incorrectly from the intended spirit.

I guess it can be all that bad, its for the children, even if someone else gets hurt in the process.
@Serenity

"Why do we need laws to do this? Why does there need to be punishment for this? Why exactly can’t parents take some initiative to learn what their kids are playing and have meaningful discussions with them? Oooh right, because parent’s don’t want to think anymore. They want eveything handed to them on a platter as opposed to actually *learning* about anything."

All I said was that I would be fine with the laws, not that I would support it. To me, a minor fine for selling the video game to a minor isn't that bad, as long as it has clear-cut defenitions of what is and isn't acceptable, as well as it applying to all media sold in stores. I'm only refering to situations where the child buys the video game, not in situations where Little Timmy's mom buys it for him, then bitches to the video game store because she was too lazy to do a little research *and by research I mean flip the box over.* And not all parents are like that, after all.
@EvilJez

No, it's not direct, but it is censorship by proxy, a fairly common tactic among anti-free-speech groups; it makes games with mature content more difficult to sell. In fact, the Assembly bill makes it a felony to sell a young child a Mature or AO video game. Most stores will simply not sell the games rather than risk jail time if some 16-year-old uses a fake ID to buy a used copy of "Manhunt."

Basically, the politicians are trying to influence the market. It is ultimately up to the parents to screen what their children watch and play. But that's hard, and the parents don't want to do it.

I wonder why we're messed up as a species?
There's more to this. New York has a 3 Strikes law:

http://lawofthegame.blogspot.com/2007/05/3-games-and-youve-got-25-to-lif...
I'm inclined to agree with some of you - I agree that some games should be kept out of the hands of minors, but legislation like this is the wrong way to enforce it. There's not any evidence or suggestion of evidence that video games have a more destructive effect than other media, and unless a law includes other media as well as video games I'd call it crap. Plus there's the whole defining what is unacceptable to sell, though this bill does do a passable job of listing things (I think it listed rape, dismemberment, and other such things - at least somewhat specific.)
The question of context is a somewhat amusing one, though. I think in the previous thread someone wondered if Lego Star Wars would be illegal to sell to minors because there are arms coming off (Lego) people.
And making it a felony seems harsh... does anyone know what type of infraction it is to sell cigarettes or alcohol to minors? I don't know, but the infraction for selling games shouldn't be more severe.
I think the fact that such legislation is so popular is a sad statement on US society today - parents looking for a scapegoat and not paying enough attention to keep their own kids in line, and lawmakers legislating what they don't understand. But I'm becoming worried about how long the industry can hold out against this siege from legislatures, and some sort of compromise bill might be necessary - one that gets it right, and includes other forms of media - to prevent something worse from being passed into law instead.
@Randalor and Serrenity

I'm was not making precident in terms of having the law or not having the law.

I was trying to point out that no where else where it is illegal to sell games to minors, has it stopped retailers selling mature games (in very high volumes)!

Before anyone mentions Germany, that situation is different as they are actually legally prevented from selling games that don't recieve a classification.

Last and final point before I'm off... Randalor makes a fair point that a 4 year jail term is harsh and I'd agree. I'd expect however that in reality though jail terms would rarely given out as to imprison people is expensive, and fines tend to be effective against businesses.
The main problem here is the draconian penalties (way worse that selling cigarettes or alcohol to a minor) combined with it not being entirely clear who they apply to. WHiel draconian penalties are not unconstitutional, vagueness is.
And this is WHY we have an %8.75 sales tax in NY state (thankfully I have amazon.com for tax free shopping), when they waste taxpayers dollars on crap like this everyone in the state has to pay for it. Every time I shop online and do not put money into the community where I live I feel good about it!

The whole reason they are doing it is because of this whole "video games are the devil" and "protect the children" mentality and that if a politician is doing something to regulate the devil (video games in this case) and to so called "protect" the children, then it looks good to a very mis-informed public, which in turn gets them more support and more votes down the line. Most people will look at this and say, oh good politician x is FINALLY doing something about those darn video games that those kids play all the time that turns them into nothing but fat couch potatoes that grow up to be tomorrow's murderer and serial rapist...
So who's going to pay to imprison merchants when we are dealing with overcrowded prisons? (Looks in Mr. Spitzer's direction)........
[...] Also, Game Politics has had a lot of extensive coverage of legislation that would regulate video games. The latest news out of New York is that the state senate passed a bill in just four days, and the state assembly passed a bill (backed by the governor) in just one day. These would fine or imprison retailers for selling certain games to minors. They’re not the exact same bill, though, so the senate and assembly will be looking to compromise on a bill before the legislative session is up on June 21st. [...]
@EvilJez

"All the precident outside of America say’s your wrong!"

Clearly, you don't understand America very well. American politicians don't care much for precedence or what the rest of the world is doing (see: war on Iraq). They will respond radically, harshly, and do whatever they can to ensure their own success and remain in power. We, as a people, like to over-react and snowball ...

@Paige

I think that you are ignoring a second side of the issue here: the bill might be closer to the O.K. Coral on the ethical spectrum, but it is far from being the best that could be out there.

The issue is that this legislation is being passed in response to incidents of violence around the country in which video games have a paulty, if any, influence at all on. In reality, they are trying to fix something that isn't broken, to fix the societal issue of high-profile violence which has no direct correlation to violent video games. There's the second side of this.
@EvilJez

Then again, how much of that precident makes it a felony to sell M rated games to minors? We're not talking a slap on the wrist, we're talking 4 years jail time for either:

A)Making a simple mistake and selling an M rated game to a 16-year old
B)Selling the game to someone who's able to play it, but legally can't because they're 17, or
C) Going to jail because Little Timmy's mom was an idiot and bought him the game without caring what was in it, then after seeing what was in it, said the game store sold it to her.

3 guesses on how much they would investigate C before believing her >_>
@EvilJez
"Regarding this ‘Chilling Effect’… All the precident outside of America say’s your wrong!"

I look forward to playing Manhunt next time I visit Australia. I can't wait to try the German version of Gears of War. Oh, and when's the next Tom Clancy game due out in South Korea?

More to the point, NY is INSIDE the U.S. I hope you're not suggesting that your precedents would work for us any better than ours would for you.
Er… just to point out that retailers won’t be obliged to stop selling games with “depraved violence”! They’ll just be obliged to not sell them to minors.

So is your scenario really likely?


Yes it is. Since the store clerk will be charged as a felon if they sell a game that happens to contain the rather vague "depraved violence" stores will not carry it at all. Not to mention that minors do have free speech rights in this country and this is an infringement on those rights.
Actually, now that I think about it, I might have just realized a blatant loophole.

It says it's a felony to sell the video games, but doesn't say anything about giving them away as a promotion. "Hey people! Buy a shirt, get a free game of equal value!"

It would just be a coincidence that the other items they sell have the same price as a video game... yeah... >_>
So is your scenario really likely?

Yes it is. Look at this: Already major retailers refuse to carry anything that holds an Adults Only rating; with this law in NY, I can guarantee similar things will happen.

Instead of risk a felony and potential lawsuit(s), the stores will be more inclined just to not carry the games in question.

On a lighter note, I just had a thought of minors standing outside of GameStop trying to convince someone over 18 to buy them a game hahah

Video games will be like the new Cigarettes.
@EvilJez

Don't get me wrong, I'm fine with bringing in laws that try to help cut down on the selling of M rated games to young teens and younger *I'm fine with a 15 or 16-year old playing them*, but if you're going to do that, then let it apply to ALL media, and not just one aspect of it, and make the punishment fit the crime. A small fine would work just as well, and people wouldn't be so scared of the result.
I was trying to point out that no where else where it is illegal to sell games to minors, has it stopped retailers selling mature games (in very high volumes)!

That would be because of unambiguous government approved age ratings for all media, games, movies, etc. This is too ambiguous, thus it would cause a chilling effect. We do not have government approved age ratings here in the US to use to avoid chilling effect causing ambiguity.

Our free speech protections would make the establishment of such government approved ratings very difficult at best. Nor can they simply use the ESRB or MPAA ratings for the purposes of regulation. They can't give a private organization governmental authority like that.

Also, you forgot about Australia banning various games they didn't like.
@EvilJez

In all of the gaming legislation that has been passed so far, there has been no direct, definitive measurement of what should and should not be sold to minors. Using extremely broad terms like "violent" and "depraved" take away any form of objective policy, and leaves it all up to interpretation. There are still people who view the Loony Toons cartoons as "extremely violent and depraved". All it takes is for a vocal minority to get loud enough, and the "standard" of "violent and depraved" can include even the most mild mannered Teen (13 and up) rated games.

Let's say the vocal minority gets offened over a game that's rated Teen which includes gun violence, but clearly does come near anything that would warrant a Mature rating. If the vocal minority complains enough, claiming that the game is "too violent" and "depraved", and all it takes is one court to make a ruling for the vocal minority to create a precedence.

This could, in turn, lead to indirect cencorship, as game companies would try to avoid anything that could offend the vocal minority. Look at the recent firing of Don Imus, because of an inappropriate comment he made on his radio show. He didn't do anything illegal, he even appologized for what he said, but the vocal minority (lead by Al Sharpton) would not let up, and Imus was fired to appease them.

We all know Jack Thompson is chomping at the bit to go after anything he finds offensive. All he needs is a vocal minority to lead.

If they were to make the legislation follow the already established game ratings, then there would be no arguement over what should and should not be sold. Game companies have already proven their not phased by the Mature rating, so there's no fear of censorship there either.
[NY Gov. Eliot] Spitzer announced in Wednesday’s leaders meeting that an agreement was reached between the majority and minority leaders of the Assembly and the minority Democrats in the Senate to restrict the distribution of the videos to youths.


It's okay, we understand that because you are politicians you are completely without intelligence.

we the people understand that you have just made a law to restrict videogames and called it a law to restrict "videos" (even thought they are obviously two different items)

we the people also understand that because you have no intelligence, you cannot understand the first amendment in the united states constitution. therefore we forgive you as it's not your fault your so stupid.
Gameboy and Stinking Kevin,
Actually, I was thinking about this recent GP article when I referred to IL. :

http://gamepolitics.com/2007/05/25/illinois-guv-blew-1-million-trying-to...

Nightwng2000
NW2K Software
Don’t get me wrong, I’m fine with bringing in laws that try to help cut down on the selling of M rated games to young teens and younger

@Randalor

Why do we need laws to do this? Why does there need to be punishment for this? Why exactly can't parents take some initiative to learn what their kids are playing and have meaningful discussions with them? Oooh right, because parent's don't want to think anymore. They want eveything handed to them on a platter as opposed to actually *learning* about anything.

In my mind, these types of laws are not only unconstitutional and redundant, they remove responsibility of the child from the parent. It makes the parent do less and less actual parenting and instead just cruise along till the most convenient law suit presents itself ...
@E. Zachary Knight

Er... just to point out that retailers won't be obliged to stop selling games with "depraved violence"! They'll just be obliged to not sell them to minors.

Same as the nearly everywhere else, where adult games such as GTA still reach the top of the charts and sell in phenominal numbers.

So is your scenario really likely?
@Gray17 and E. Zachary Knight

Regarding this 'Chilling Effect'... All the precident outside of America say's your wrong!
@ mortium

"The Gamer Community, manufactures, etc need to get to the members of the NY State Senate and find one who will pull every parlimentary trick in the book to stop this. Just run down the clock. "

That was the point. they did not want anyone from the game industry to argue against the bill. If they had given them the time to submit their concers there would not have been such an overwhelmiing positive vote. That was the emergency.
@EvilJez

In what way does this bill censor anything?

Chilling effect. Any game that might result in a store clerk being charged as a felon will not be carried by retailers. So Metal Gear Solid 3 for example likely wouldn't be carried because of the torture scene. The end result is that developers will not make any games that depict torture even if it's in a negative light. Thus video game developers are prevented from using some things in their plots for fear of penalties. Which is censorship.
@Gameboy

""Doesn’t the redundancy of the law annoy you? Doesn’t making it a FELONY to sell a product bother you? Doesn’t making a committee or council to review a private organization that hasn’t done anything illegal bother you? Doesn’t the dishonesty and ignorance of our political leaders bother you?""

In response... No, no, no, no and sometimes (if I have nothing better to thing about at the time)... all part of living in the UK.

I'm not saying we've got it right and you've got it wrong. I just genuinly believe that adult games should kept out the hands of minors, and any measures that help achieve that can't be all that bad.
@ E. Zachary Knight

The definition does need a bit more clarification, I'll agree with you on that. With a couple of clarifications, it would make a reasonable bill that makes sense. Being vague is often the solution for lawmakers so they can have something to add to later on.

If the video games industry can get an amendment to that part of the bill, I don't see why it'd be a bad thing to have around. But then again, I don't live under American law so I can't really say much about the process.
@ Paige

The problem is the chilling effect. The law is vague on what is considered criminal to sell. The president of the EMA has said that retailers will have a hard time discerning what is "depraved violence" and the deffinition helps very little. So in response to not being able to discern what is against the law, they will stop selling anything that might remotely look like it violates the law. So no more M rated games.

Then publishers will see that M rated games are not being sold by retailers and not fund developers who make M rated games.

Then developers will stop making M rated games so that they can get funding for the next project.

Then in the end this bill has censored free speach, which is its true intent.

This is just the wedge to remove free speach. They will not stop here. If parents continue to buy these games for their kids reguardless of the law, what makes you think they will hesitate to make these "depraved violence" game completely illegal?
@Zachary

Normally there is time to respond to legislation. However, the standard deliberative process seems to have been intentionally ignored here. This is normally reserved for "emergancy" legislation (generally responding to critical funding needs or some major problem with the law that has to be delt with immediately; arguablely there is no such emergancy here, but legislatures are allowed to run their proceedings as they see fit). When I saw this, my first reaction was "WHOA! Wait a minute! Where's the committee hearing?" As a general rule when something like this occurs the legislature and their constiuents live to regret it (see U.S.A. PATRIOT Act, passed under similiar conditions).

The Gamer Community, manufactures, etc need to get to the members of the NY State Senate and find one who will pull every parlimentary trick in the book to stop this. Just run down the clock.
@ EvilJez

Doesn't the redundancy of the law annoy you? Doesn't making it a FELONY to sell a product bother you? Doesn't making a committee or council to review a private organization that hasn't done anything illegal bother you? Doesn't the dishonesty and ignorance of our political leaders bother you?

Even if this is not censorship, it comes dangerously close and I know we've explained the snowball effect before. Even if it's not censorship, it is wrong.

Maybe you're right. Maybe the game industry is not under attack. Maybe the bill is OK. Maybe people should be jailed for selling protected speech. Maybe pigs fly when we aren't looking.

I want you to know, I hold no anger towards you. I don't dislike you. I am not attacking you. But doesn't it feel like it?
I am just amazed by this. This is the second time in a week I've wanted to move out of this state, both because of the State Government.

This is just ridiculous. It's like the logic here is "No one else has really successfully done anything on this topic, but I'm sure we can." Politicians bother me more and more lately. Although I guess it's true what they say: voters get the politicians they deserve.
@Gameboy (@nightwing2000)

Actually, I think Illinois' have been the biggest so far, but legal fee settlements have also been paid to the ESA by Louisiana, California, and my home state of Michigan. Am I forgetting any? Looks like NY is next....
Well, the population is only as smart as its dumbest member. There's always gonna be stupid mistakes to be made, there's always gonna be people who'll make said mistakes but moral panic is always going to be something that gets my hackles up, whether it's politicians, the media or just regular people causing it.

However, after reading the contents of the bill...I don't see why (aside from the classification of the sale of violent video games to minors as a felony) it would go to court. It all seems fairly straight forward and isn't meant to govern the content of video games, just the sale of said video games to minors.

It does look like what they're trying to do is equate violent video games to pornography. Porn is restricted content, they're trying to make certain video games fall under the same category.

The part about the video games consoles to us seems like what the companies are already doing and also is pure common sense. But there's nothing to say some new company will come out with a console other than the big three makers, so they look like they're trying to put something in place there for the future.

The advisory council also seems fairly straight forward and they want someone from the video games industry on it to give their point of view when the recommendations are put forward. That part does seem like it's been glossed over in favour of the ESRB rating review duty of the board. To me, it looks like they're looking for a full scope rather than a group of people like Jack Thompson who'll just throw tantrums about video game violence.

If this one manages to get past with few problems, I honestly would like to see other governments adopt something similar. Purely because they're not trying to restrict the content, just trying to restrict who gets hold of it. And they're making steps towards really educating the public rather than yelling at the industry for not doing enough.
@The_None

""It’s offical. The censorship just became a fad, which is just sad……""

In what way does this bill censor anything?

Half the post here are raving on about how the games industry is under attack, when all this bill is trying to do is prevent certain games be sold to minors. As in the UK or Canada, or almost any other country in the world!

BTW I'm not getting back into an arguement about why this attempt will fail as it's unconstitutional, I'm mearly pointing out that what is proposed is NOT censorship!

At no point does it actually state that game makers can't make what the hell they like. As I understand American law (not that well admitedly) this bill mainly violates equal protection in that similar measures are not being leveled at other media types.
Oh!! A Lightning Round!! Does that mean they got extra points? They know how we gamers love points! I just love earning points for running over pedestrians, killing cops, raping prostitutes and chickens, and torturing helpless little lemmings! For Joy!

/sarcasm

@ nightwng2000

Don't you mean the Louisiana Governor? I know he took some 510 thousand dollars from various government programs. And it caused a bit of a stink there. Or did they do that in Illinois, too.
It really shows the attitude politicians have for games, doesn't it?
"Give it 20 - 30 years and the people in government will have grown up with video games, watched this trash talk with amusement and will be approaching the issue sensibly rather than kow towing to the lowest common parental denominator who doesn’t want to take responsibility for their children in today’s society"

==============
And then watch us make these same stupid mistakes with some other, now unforeseeable issue. It's a pattern that is doomed to repeat itself again and again until we treat the root issue, not the symptoms.

As to what the definitive issue is, I'm not entirely sure ... but I have a few ideas strongly related to theory placed forth in Michael Crichton's "State of Fear." Using fear to control the populace.
IRT Clyde:
Go British? Hasn't the UK had been under government-enforced censorship of entertainment media, at least since the "Video Nasties" of 20 or 30 years ago? (Maybe I missed the sarcasm -- sorry if so!)

IRT MaskedPixelante:
Canada? Wouldn't any sort of "laws that enforce ESRB ratings" go against the First Amendment of the U.S. Constitution?

Maybe I misunderstood Althrun's original plea, but from my American perspective, you guys sound close to suggesting the same the "crap" I assumed he was bemoaning. I do not mean to put words in your mouths, but if you meant to say that the best way to get these anti-game pols to shut up is to let them have their (unconstitutional) way, I respectfully but completely disagree.
Try up here in Canada, last time I checked we only had laws that enforced the ESRB ratings standards.
Give it 20 - 30 years and the people in government will have grown up with video games, watched this trash talk with amusement and will be approaching the issue sensibly rather than kow towing to the lowest common parental denominator who doesn't want to take responsibility for their children in today's society.
To Althrun,

"This makes me a sad panda.

Is there a country out there I can move to that doesn’t do this kind of crap?"

Or you can go British.
Bring it on, New York, bring it on. Ignorant politicians be damned.

Hopefully, the industry will exact a costly financial toll on this state when the dust settles, but that won't stop politicians from talking shit.
Holland.
It's offical. The censorship just became a fad, which is just sad......

And guess what, I've allready thought at 2004 that the entire 21st century is gonna be a big suck.
I guess this means war... A war between the gamers or the entertainment industries and the anti-game activists. We have no choice but to revolt!
I agree with Nightwing on this. They passed this bill so fast, no one had time to respond with their objections. How many of you New Yorkers were able to send an email to the Governenor or Senator before they passed it.

The governement really should give at least a month between proposal and voting for the citizens they represent to review a bill and post any concerns they have about it.

"I believe we ought to try, rather than just walk away from the issue," said Republican Sen. Andrew Lanza of Staten Island. "We lose nothing by trying."

I love this part. I guess he considers millions of dollars in legal fees "nothing"
I hope New York taxpayers like their tax dollars spent on passing useless laws and paying the legal fees of the very industry they're trying to kill.
These people just don't give up, do they? Such insolent fools they are... Really.
This makes me a sad panda.

Is there a country out there I can move to that doesn’t do this kind of crap?
The true irony of this?

The Statue of Liberty resides in the New York Harbor.
Orwell would be proud.
Hey, maybe the NY Gov. can even take a page from the IL. Gov.'s book and syphon off funds from other important areas (maybe even from 9/11 health benefits for police officers?) to get this bill passed and/or defend this bill which is expected to fail in the courts.

What? You don't think he would? Why do you think they're really shotgunning this through? It's so that any misinformation that is spread in the rush can't be questioned or investigated because they aren't giving anyone any actual time to research the information being spread.

Nightwng2000
NW2K Software
Do they really say "videos"?
I could see it now...
Mr. Bruno: Mr. Spitzer, this video game legislation could save...
Spitzer: PASSED, next bill please.

With all these anti gamers in office, the entire legal process is going to be turned upside down.
Damn that was fast? Anyone else see that blur of paper and legal jargon that just bolted past in a mad dash to extinction? ZOOM!

At this rate, it'll be a law tomorrow morning, and the ESA will start trying to kill it around lunchtime. Easy come, easy go.
/New York will have a video game law this year, as well as the inevitable video game industry legal challenge./

As well as inevitable striking down by the Supreme Courts of NY.
"to restrict the distribution of the VIDEOS to youths"

"The kids like these videos, but I don't understand them! This scares and infuriates me and thus I shall try to pass legislation against it to make myself feel better, and hey, it should go down well with the soccer Mom demographic, nobody loses!"

I don't think there's anything left to say that hasn't been said already about these kind of bills.

Demonising the video games industry because of lack of responsibility from parents and retailers? Check.
Unconstitutional? Check.
Singling out video games as somehow different to film, music, books? Check.
Lack of understanding on behalf of the sponsors and people who wrote up the bill? Check.
Fails to take into account user developed content, procedurally generated content, digital distribution, etc? Check.

They keep proposing comittee after comittee to tackle this perceived problem. Why can't they just form a comittee of people who actually understand the issues at hand like the BBFC did. Oh, that's right, why would you alleviate people's fears and educate them when there's a hot topic like this to try and get votes with.
See how lightning fast this bill gets struck down.
*Puts up Queens: "Another one bites the dust"*
3 words for you...

"w-t-f"
[...] GamePolitics.Com has been tracking this in a series of articles. NY Game Law Could Mean a Lifetime Behind Bars for Retailers… Lightning Round for NY Assembly: Video Game Bill Passed in a Day… NY Video Game Bill Is On Fast Track to Becoming Law. The headlines say quite a bit, but the details are even more disturbing. [...]
I have to say, that I could not agree with you in 100% regarding Lightning Round for NY Assembly: Video Game Bill Passed in a Day, but it's just my opinion, which could be wrong :)
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[...] A pesar de estas críticas, no podemos culpar a los videojuegos por haber hecho del mundo un lugar peor. De hecho, hemos vivido grandes momentos gracias a ellos. Lo que ocurre es que al igual que muchos otros chivos expiatorios, la industria del videojuego desvía la atención de los problemas reales, mucho más complejos de explicar y difíciles de resolver. Debido a ello, y como antes se dijo, la propia industria rara vez cuenta con el apoyo de los políticos (sólo en Nueva York tanto el partido demócrata como el republicano están apoyando leyes para restringir el acceso de videojuegos). [...]

GamePolitics ShoutBox

Posted 11/23/09 at 10:08am
Rodrigo Ybáñez García: http://tinyurl.com/ye6x9nv
Posted 11/23/09 at 10:08am
Rodrigo Ybáñez García: The very definition of "Lucky Shot":
Posted 11/23/09 at 07:56am
DarkSaber: http://tinyurl.com/yl2vfw6 Here's the link, good for conspiracy theories.
Posted 11/23/09 at 07:42am
JDKJ: Leaders never follow. Followers never lead.
Posted 11/23/09 at 06:48am
DarkSaber: Anyone been following this Hadley Climatic Research Centre server hack story?
Posted 11/22/09 at 11:48pm
ZippyDSMlee: AE:they feeding you well? I am enjoying win7 and heading to bed...uhg I need to get up early and start back to cleaning/painting blahg >< need tog et stuff done befor thanksgiving....
Posted 11/22/09 at 11:41pm
Andrew Eisen: Just got home from an eight hour recording session at Capitol Records. A lot of fun but damn exhausting.
Posted 11/22/09 at 08:44pm
BearDogg-X: 10 N. O. Who Dat?
Posted 11/22/09 at 09:45am
ZippyDSMlee: JD:I think doc phill is still sout about the break up with his wife he dose not fill holes as much as make them bigger these day
Posted 11/22/09 at 12:06am
JDKJ: You should get Phil McCraken to help you spackle those banisters.
Posted 11/21/09 at 11:57pm
ZippyDSMlee: Oh in the pirate hunter article I need my song ieda heckled DS,JD,Beemon sic im !!!
Posted 11/21/09 at 11:56pm
ZippyDSMlee: JD:no I am tried from prepping the banisters for painting , worked on them from 12 to 4 and 6 to 8...after I got back from the store...got up early got ready...blah...been up all day..I need a nap...
Posted 11/21/09 at 11:42pm
JDKJ: No. You gonna stay up late tonight soldering?
Posted 11/21/09 at 11:41pm
ZippyDSMlee: JDKJ:Don't you mean Mctite?
Posted 11/21/09 at 11:33pm
JDKJ: @Zip: Neil, Bob, and Lik McTaint. The McTaint brothers. LOL!!!
Posted 11/21/09 at 09:44pm
Flamespeak: I still think military personell, killing other military personell, on a military complex should be handled by military courts.
Posted 11/21/09 at 09:43pm
Flamespeak: I could see this a mixture of the two charges rather than just one or the other.
Posted 11/21/09 at 09:43pm
Flamespeak: I think this was mainly a person who snapped, but evidence is showing he definitely had strong inlinations to islamic-extremism.
Posted 11/21/09 at 09:41pm
Flamespeak: People are trying to claim that Hasan's actions were not terrorism. I don't jump on the 'terror train' like others, however
Posted 11/21/09 at 09:38pm
mentor07825: Britain certainly does deserve it! And the French! God damn it, it was a hand ball!!!
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