ESRB Sucker Punched 3D Realms, Exec Says

July 18, 2007
The ESRB seems to be playing hardball these days.

In the wake of Manhunt 2's AO, the video game industry's ratings body has turned its attention to 3D Realms, best known for the Duke Nukem series.

The ESRB took the company to task over use of old rating icons as well as missing content descriptors on its website. 3D Realms was reportedly given 10 days to comply or face penalties.

As reported by Shacknews, company co-founder Scott Miller (left) called the move a "sucker punch," and harshly criticized the ESRB:
I think they came off like a school yard bully, rather than an industry partner. Why all the threats right off the bat? If the ESRB people know what was being said about them in underground channels, so to speak, they'd see that their antics have caused them much loss of faith as an industry leader.

ESRB president Patricia Vance responded in a statement which read in part:
[Advertising Review Council] notices that are sent to publishers are merely a reflection of ESRB fulfilling its obligations to the industry to enforce the guidelines it has adopted.

GP: The ESRB also recently ordered D3 and 2K to withdraw web trailers for Dark Sector and The Darkness. While as GamePolitics reported, this has happened before, it hasn't happened a lot. It looks like the ESRB may be adopting a tougher new posture in the wake of continuing political pressure and April FTC report on the marketing of violent entertainment to children.

Comments

Praise in public, punish in private.

First rule of management in any organization. The ESRB should have sent a polite note in private first. As an organization created by the industry and paid for by the industry, they should start by being courteous and discreet ("Ahem, did you know your slip is showing?"). Only if they don't get any response should they escalate to public warnings.

"...will lead to actual game content censorship..."

I sure am glad i already got my copy of postal2 from amazon then :)

OK then...

Is ESRB becoming a pack of bullies or something?

Pretty much... more or less.

You can pretend they aren't all you wish but many can see through those claims.

The ESRB should have used good cop to deliver the message (assuming that this is the first communication between the two regarding this matter):

3D Realms,
We at the ESRB just wanted to remind you that your website's ESRB info and graphics are out of date, follow this link to get the latest versions. Please keep in mind that you are contractually obligated to update them in 10 days after receiving this notice. If you have any questions or need further help please contact me and I will be happy to help.

Sincerely,
ESRB Good Cop


See, no need for Bad Cop to come around drunk on his own power (MH2 or malt whisky ;p ) and create a PR disaster. This is why Bad Cop is kept on a tight leash.

The ESRB is putting on a front for the sake of the people watching. Remember all these people watching the ESRB are saying that they are to nice and forgiving, so its time for the ESRB to show that they can lay down the law. It was expected, again I find the title of the thread to be over dramatic.

Um... please follow the contract you agreed too, you have 10 days to comply, or we will have to invoke the penalties you agreed to. Please contact our rep who will be more than happy to help you in this process.

Okay they were Heavy handed, but what do they gain from being "Bullies"? They are a non profit created by the industry designed to give the industry the cover they need to make games.

I see no problem with this. The ESRB is doing their job. Plus, in the absence of the actual letter sent to 3DRealms I cannot judge if they were being heavy handed, but it may have been a stock legal notice.

Is the credit card company a "bully" for sending notice that your account may be suspended because you haven't paid an overdue bill? Are traffic cops "bullies" for tersely waving you through the intersection when it's your turn to go, without politely asking "please" first?

I am a fan of 3D Realms for the technology they develop and the games they make, not for their contrived anti-establishment attitudes, nor whatever snide comments they make to one another in their private "underground channels."

The only example of "antics" I saw in this story is when Miller publicly accuses the ESRB of "antics" for calling on his company to comply with the business agreement it voluntarily agreed to. If that was a "sucker punch," it's only because Scott Miller set himself up as the sucker.

The problem here is leaving games listed as RP after the ESRB has rated them, yes? It seems to me the ESRB should be cracking down on that.

I'm not so sure the ESRB was being "heavy handed". They informed 3D Realms that their information was out of date. Big deal.

This is merely a case of he said/she said without the letter. Why did they not release the letter? Maybe the real Bully here is the people at 3D realms.

What, did they give a rating for Duke Nukem Forever?

While the ESRB came out on the wrong foot, 3D Realms is just a bit teary eyed from the ESRB's rude awakening. It is 3D Realms fault in this case, since they didn't update the rating yet.

the ESRB is being a bit more forceful these days,I guess they have to start creating a solid front if the industry is ever goign to move forward and let AO games in.


Stinking Kevin
Mmm both Duke3d and Shadow warrior where ahead of their time,not for their themes but all the interesting things in game,sticky bombs,picking up thrown weapons,bouncing grenades,intrakit level design but now a days they are a diem a dozen,Prey was so so,Duke has been sold off to be put in various games (from the 3rd person PSX days to side scrollers and such) they are either lost or broke either way currently they are about as bad as ID/Raven who has lost almost all touch with games they made(sorry Q4 was a joke and D3 is underwhelming) it is bad when the over hyped Daikatana was more fun than the dark and dank D3....

I look at games as fun and flow and if they can keep my interest,so far these last 6 or 8 years level design has been striped for better graphics this has dmaaged FPSs the most , D3 is pretty much the best exsmaple of minimalist gun and run gaming, and I don't care for it,even HL2 suffers from it....

ESRB appears to be caving in to the political pressure even before it's been brought on.

The organization is acting as a self-censor. Shameful.

2K may be the parent company of Rockstar, but they're hardly a small target, and such direct and heavy-handed interference with marketing is not exactly wise. If 2K decided to tell the ESRB to stuff it and that they won't submit their games to them anymore, it will be the ESRB that bends, mark my words.

Of course the hysterical mob in congress would rush in to put a stop to that sort of freedom.

@ Chuck

Who brought Take Two into this discussion? This is an article about 3dRealms.

@Pixel

WHAT THE FUCK ARE THEY DOING THAT IS OUTSIDE THE SCOPE OF WHAT THEY INDUSTRY CREATED THEM TO DO!?!

@Chuck

Why? They are a non profit org last time I checked. Boohoo, they don't get the $4,000 charge for rating the game.

So much for Duke Nukem Forever, is all I can say...

When the game gets a rating it won't be anything but AO because of the government and it's anti-vdeo game agenda.

"If 2K decided to tell the ESRB to stuff it and that they won’t submit their games to them anymore, it will be the ESRB that bends, mark my words."

Nintendo requires all games published in the United States to be rated by ESRB. Microsoft requires all games published in the United States to be rated by ESRB. Sony Computer Entertainment requires all games published in the United States to be rated by ESRB. Wal-Mart requires all games published in the United States to be rated by ESRB. Best Buy requires all games published in the United States to be rated by ESRB. Who bends?

"...loss of faith as an industry leader." I think Mr. Miller is forgetting that it's not the ESRB's job to kowtow to developers, they are there to educate consumers, as Ms. Vance says. You could think of the ESRB as the babysitter and the developers as the kids. Every kid loves the babysitter that makes hot dogs and fries for dinner, allows late bedtimes and extra TV/game time. Conversely, when the babysitter cracks down on the rules, the kids get pouty. However, the parents love it.

It's the same principle here. Stats have shown that over 80% of parents are satisfied with the ESRB, and that is what makes them an "industry leader", not the percentage of happy (or not so happy) game execs.

@Pixelantes Anonymous:

What exactly is being censored here? The ESRB wants 3D to update their icons and content descriptors. At no time did they state that 3D must edit/remove content in Duke Nukem.

The ESRB has proven time and time again over the past 3 months that it has no interest in informing consumers, but of censoring potential controversy to cover their own weaselly asses from unconstitution legislation.

Fuck the ESRB, it's clearly broken, corrupt, and political

And it's unbelievable that you at Gamepolitics keep swallowing that shit up and saying "WELL THE ENDS JUSTIFY THE MEANS" No, it doesn't. What the ESRB should be doing is fighting back. not caving to pressure. But it's clear that the ESA is way too pussy for it.

This is what the ECA is here for, to fight for the consumer's rights. But it seems the ECA is always following the ESRB. They've never disagreed once. Yet you claim to represent us. BULLSHIT. So whose side are you on, Gamepolitics, the gamers, or the game industry?

If the ECA worked to represent us, you know what they'd do? They'd fix the industry for the consumer. They'd work to get the appallingly overpriced Micro-Transactions lowered so you don't have to pay 5 dollars to get a suit of armor that should've been in Oblivion anyway. You should be contesting the ESRBs gradual but obvious descent into MPAA style bully tactics, and you should fight FOR US, and not them.

I'm ashamed I ever gave you my money.

As far as forcing 3D Realms to update old ratings information, there is no censorship. The censorship lies in the ESRB forcing trailers for Dark Sector and The Darkness removed from the web. While I don't mind them being up in arms over specific game commercials that appear on cable television, they shouldn't be able to regulate what content can and cannot be placed on the web. It is for that reason that my faith in the ESRB is gone.

Inquisitor, did they really force them to remove the trailers or did they mandate people must verify their age first to see it? The latter is what they usually do.

"GP: The ESRB also recently ordered D3 and 2K to withdraw web trailers for Dark Sector and The Darkness"

The full report: http://gamepolitics.com/2007/06/26/esrbs-spanking-of-dark-sector-darknes...

Having the so-called age gate is reasonable if pointless. They did not demand that people be required to verify their age, but did indeed call for the trailers to be taken off of the internet.

Hayabusa...you apparently missed this:

"The ESRB also recently ordered D3 and 2K to withdraw web trailers for Dark Sector and The Darkness."

Sure fits the bill to me.

@Pixelantes
You apparently missed the fact that they were asked to remove the web trailers because they failed to setup the "age gate", which was previously agreed upon. Yet again it is another issue where the game maker is failing to live up to their agreement with the ESRB and the gaming community as a whole. The best part is now we have a number of ignorant gamers going 'OMGZ, Tey is Take'n Me Gamez" when really the ESRB is just enforcing the rules that everyone agreed to.

@Weatherlight

They did put the age gate up. They thought it was too violent DESPITE the age gate. Read the goddamn article instead of picking and choosing pieces for your opinion

@Angry Dude
Fair enough, sorry. I didn't read that story because I had read it somewhere else before, which said that they had not setup the appropriate "age gate".

However this is still not a case of the ESRB being unreasonable or censorship and they are doing what was previously agrees upon by the industry.

Weatherlight, the ESRB is slowly, but surely, making it impossible to market mature video gaming content with ads that target adults. They're slowly, but surely, caving in to "community standards" set by non-gaming audience.

Taken into its inevitable conclusion, the self-censorship in the gaming industry with the help of ESRB's rules "everyone" agreed to will lead to actual game content censorship, whether self-censorship by gaming companies, or imposed on them by outsiders like ESRB. Some might argue that it's already happening.

I'm just waiting for the Dungeon Heroes trailer to be pulled, because you can see goblin balls in it.

[...] - In what universe does telling a company that has agreed but failed to comply with your regulations constitute a “sucker punch“? [...]
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