
Included in
GameSpot's coverage of the Manhunt 2 political fallout are strong words from California State Senator Leland Yee concerning the re-rating of the controversial game:
What are they trying to hide? Unsurprisingly, the culture of secrecy continues at the ESRB.
Even individuals within the video game industry are now calling into question their rating system. Parents simply can not trust an entity that is unwilling to disclose or give any meaningful rationale at how they come to their decisions.
The ESRB refuses to use the AO rating for violence despite the descriptor calling for such a rating when there are "graphic depictions of violence." If Manhunt doesn't qualify, what would?
Combined with the use of the ambiguous term "Mature," many parents are left with a false sense of how violent an M-rated game may be; and obviously even many retailers as the Federal Trade Commission secret shopper study suggests. Using the numbers generated by the FTC, 42 out of 100 kids who want to purchase Manhunt 2 will be able to do so.
When weighing in on laws to prohibit the sale of ultra-violent video games to children, the industry has said over and over, "trust us; our rating system will protect children." This latest episode demonstrates once again that the ESRB in fact can not be trusted.
Yee, of course, was the driving force behind California's 2005 video game law,
recently declared unconstitutional by a federal court judge.
GP: Presumably for space reasons, GameSpot edited Yee's remarks. We've published the entire statement, which came to us from Sen. Yee's office.
Comments
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Bye!!!
Ummmm... Isn't that EXACTLY what they just did? I haven't heard anything about any massive sexual content in Manhunt 2, so I'm going to assume they ramped up the violence too much - hence, the AO rating. I respect Yee in a lot of ways - I disagree with his positions, but I think that he's somewhat more educated and intelligent about them instead of just virulently crazy-like. But in this case, that's just stupid of Yee to say that. The violence level was EXACTLY what got this put into the AO category.
"What are they trying to hide? Unsurprisingly, the culture of secrecy continues at the ESRB. "
Heres my version of this -
What are they trying to hide? Unsurprisingly, the culture of secrecy continues at the MPAA.
Yee continues to prove himself to be an idiot.
Yee: The ESRB refuses to use the AO rating for violence despite the descriptor calling for such a rating when there are “graphic depictions of violence.”
They did, moron. The original version of Manhunt 2 apparently got an AO for that very reason, and you didn't question it then. Yet when Take-Two submitted an edited version and got a M rating, you shed crocodile tears about it.
Yee: When weighing in on laws to prohibit the sale of ultra-violent video games to children, the industry has said over and over, “trust us; our rating system will protect children.”
Yeah, considering the statistics the ESA found, these laws are a complete waste of time
-While the Federal Trade Commission found that minors were successful in buying a M-rated game 42% of the time, they also found that it was 35% of the time in major retailers like Wal-Mart, Best Buy, etc., where most of sales are generated from.
-The ESA reported that a combined 86% of all game sales(combining both computer and console game buyers) were to people over 18, leaving 14% left over to people under 18.
-Of that 14% left over, 91% of those sales were with parents present at the time of purchase, leaving 9% to minors by themselves. Meaning that sales to minors by themselves only represent 1.26% of all video game sales, and if the FTC’s 42% figure were applied to that, it would mean that M-rated game sales to minors by themselves would only account for 0.53% of all video game sales! Though that last figure doesn't take into account other variables(minor returning to store with parent; minor going to another store and is successful)
Shows how unnecessary Yee's legislation really was.
But then, I like having a favorite enemy (JT).
Perhaps Yee likes the suggestions for a replacement put forward by Jon Stewart.
D-Dropout
W-Wastoid
CMB-Child in Man's Body
Seriously, though, how does that give a false sense of anything to parents? How hard is it to figure out that Mature=for mature audiences? Incidentally, parents can just flip the game case over and, in the lower corner there, get a list of descriptors describing the level of violence. Can parents connect the dots and find out that Mild Violence="Not much of it" and Blood and Gore="Lots of violence?" Most people know what the words "gore" and "mild" mean, right? So what's the "false sense" here?
How does this show that the ESRB can not be trusted? Does he even know what Manhunt 2 is about? If he does, I'm sure there are plenty of people here who would love him to share. After all, if the statistics are true, then maybe 1% of sales are to minors by themselves. Does 1% really need that kind of protection?
He would rather us trust him and his government cronies? Sorry, but I don't think so. I'd rather not have the government control my entertainment. What's next? Restrictions on anime?
This statement is nothing but a sad little man trying to make himself look good and justified when he is nothing but a villain.
@ BearDogg-X
Do those figures count E, E10+, and T rated game sales? If only 1.26% of video game sales are accounted for by minors, its possible that the number picking up M rated games is even lower.
Hah
Hah
Hah.
:)
No, I believe that Senator Yee is linked to the CCFC. He's already mentioned them previously and one has to wonder why he is so very interested in pointing them out over the PTC or even GamerDad (who is far more Parent-oriented than the PTC or CCFC and certainly far less biased, practically unbiased, in his ratings than the PTC or CCFC).
Maybe it's Senator Yee who has "something to hide", not the ESRB.
Nightwng2000
NW2K Software
Yep, those statistics encompass all games. That 1.26% figure is sales to minors by themselves without parental oversight.
And it would be even lower than that, even factoring in variables like the minor going to another store and being successful, or returning to the same store with a parent/guardian.
@ Nightwng2000
Yee does have something to hide, since it has been established that he has accepted campaign contributions from the MPAA(which is why he won't complain about the MPAA giving Hostel Part II a R rating).
A NDA might be the reason for the secrecy. I mean I’m pretty sure the ESRB signs those because the developer doesn’t want content leaking out.
“The ESRB refuses to use the AO rating for violence despite the descriptor calling for such a rating when there are “graphic depictions of violence.” If Manhunt doesn’t qualify, what would? “
Umm, how exactly do you know how much graphic violence is in Manhunt 2? You don’t? didn’t think so.
“Combined with the use of the ambiguous term “Mature,” many parents are left with a false sense of how violent an M-rated game may be; and obviously even many retailers as the Federal Trade Commission secret shopper study suggests”
yeah, that’s why several big game chains have changed their policy so that M games can’t be sold without a parent or 17 yr old there on penalty of termination. It’s rated MATURE for a reason. MATURE means you should be MATURE enough to play it.
the industry has said over and over, “trust us; our rating system will protect children.”
Yes, they said something that they actually never said. The rating system isn’t supposed to protect children, it’s there to inform customers on the content in the game, be it a 21 year old gamer or a 12 year old kid.
What makes me sick is that Yee and this stupid soccer mom group don't care at all about the ratings system. They don't care about the system, they don't care about gamers, they don't care about their children really, and the only reason they're involved at all is because of the media buzz around a single game.
Where were all these people when the ratings system was being developed? Where were their demands for evidence when the AO rating was issued in the first place? This is a crock of ****. This goes to show how much contempt these people have for the game industry, because they're willing to make completely insane demands, such as having access to corprorate secrets that they are not entitled to. This would never happen to a movie.
I'm not just upset about this. Yee should resign. This shows me he is not competent to hold public office. Hopefully the folks of California agree.
Like 'WMD' before the Iraq war...
Um, I'm 22 and I never use the ESRB ratings, unless I'm just flat curious as to what it was rated (or buying as a gift for a younger person). Then again, I usually have an idea of what is in a game before I pick it up. I'm less interested in blood and gore and more interested in a good game with solid game-play. If it has blood and gore that's just a bonus (or something like that).
I'm in the same boat, but I mean like the ESRB has said that the ratings are to help parents make educated choices. I don't expect gamers to look at a game and think "I wonder what is in this game, I better look at the rating!" but a parent might have their child hand them a game, and they choose to look at the rating instead of just looking at the name or the back of the case. They might see "blood and gore" and then decide not to purchase it (well, that's the hope at least).
I mean it's not like the ESRB hasn't been trying to make parents more knowledgable about the ratings.
My son, however, doesn't like gore. Blood is ok, but he doesn't like gore. Prey he really doesn't like. But Rainbow Six and Call Of Duty. But he's only just getting into FPS. He's been more RPG (like Final Fantasy series), Street Racing (NFS and Midnight Club) and Card based games, like Yu-Gi-Ho and even Pokemon. He does have his "brain" type games, like Harvest Moon (-I- consider them "brain" games more than RPG) and a few puzzle games. He's also getting into chess but whether that will turn into a like for RTS or not, only time will tell.
Nightwng2000
NW2K Software
Now I can understand Yee's (and many others) complaints. Basically they want proof that the ESRB is playing on the up and up. And because of the secrecy they think it is rigged. (My brother thought boxing was rigged because judge scores weren't announced until after the fight). Ultimately what they are going to have to do is wait and buy it themselves.
Hmm I don't remember the ESRB saying the rating system will protect children. They say its to inform parents what is in the game so they can make the choice if its right for their own children.
And why can't the ESRB be trusted? Cause they won't say what Rockstar did to the game. I'm pretty sure if ESRB did speak out they would be sued by Rockstar and then the game industry won't trust the ESRB in the future with NDAs. Frankly I will stand behind the ESRB being quiet about this as they need to watch both sides with care. Yee and others you should really ask Rockstar what was done to get different rating who knows they might actually tell you.
you say 86% of sales are made of over 18, I'm willing to bet the leftover portion is vastly made up of 17 yr olds, still legal purchasers of M rated games.
And unless you misquoted its game sales in total, so we're not even counting in E rated games are we? The sales to minors could make up a lot of those.
I suspect the figure may be even lower than what youve got if you add in these factors.
It's a pattern I'm noticing. if the system doesn't do ALL of the work for the parent, removing all responsibility from the parent and making it so they don't have to think.
If the system doesn't do those things, it is inevitably broken.
Also, since he is only considering the effects of Yee's law, which only would affect California, you'd also have to consider the % of total video game sales that are made in California, from there, you could extrapolate the total number of people younger than 17 that would be affected by Yee's law.
frankly anyone with half a brain and isnt on the gamehate bandwagon knows the simple truth that most gamers are over 18, the market is geared towards over 18s and games are marketed and sold to over 18s. despite the crap people like Yee and thompson say, this is the truth we know and they dont. And its our responsibility to get that message to the public before the haters indoctrinate them to the 'games are marketed to kids' phallicy. Theyre already not taking the ERSB as seriously as it should be.
I have written before that my major complaint with the ESRB is that it is simplistic and vague. I sympathize with parents who are confused by the system as it is not informational at all. GamerDad.com and other sites exist because of this void. I would rather see the ESRB pioneer a better way to manage a ratings system. Videogames are a new cutting edge entertainment medium, why can the industry not set the example and create the new standard for a reviewing body.
But seriously, we live in the age of Open Source, I am sure the ESRB review process could withstand a little open scrutiny.
As opposed to how abiguous "Restricted" is, when any 12 year-old can buy a movie rated as such? Or how about how violent some PG-13 or PA movies can be, I don't think you want to be slinging such words around, Mr. Lee.
Or he's just choosing to remain willfully ignorant of this so he can keep attacking the ESRB, but then that would mean he's a two-faced ignorant jackass by choice.
Pretty sure it was actually Stanley Kubrick. Clockwork Orange ftw =D (now THERE'S a game that would warrant an M rating...)
Now does it seem fair to take a movie that cost millions of dollars, and release it for free, just to prove that you're not hiding anything? No?
Then why demand that a game be released to the public for full disclosure?
Think about it. If they didn't hand Yee a copy of the game, and a Wii to play it on, they'd be hiding something, right? They can't just give him a copy of a video of the game, because they could hide certain stuff. And in order to be fully disclosing, they wouldn't be able to refuse anyone else who wants a free pre-release try either...
So in other words, the ability for anyone to play a game before it's released, just by saying that you're concerned the rating doesn't tell you everything. Can't it wait until you can pester the guy in the corner game store to load it into the demo station?
The reason the ESRB gets to see this stuff, is that they have strict controls over their raters (NDAs, likely closed testing rooms, etc), and they respect a company's IP to not disclose the contents of the game.
Once the game is released, there's also no point in disclosing everything, because the game is out in the market, you can rent/buy/try out at the store and see for yourself what the content is.
The ESRB is not black and white. It's a judgment call, just like any other rating system. And just like every other rating system, it's not "this is ok/bad for your child", but rather "here's topics of concern you need to be aware of when deciding for yourself if this game is right for your child.
This is because the parents (you know, the people with the money) will buy it for them. Even when retailers go out of their way to inform parents that a game may not be suitable for their children the parents often brush it off. It's not Rockstar's fault that parents don't want to do any actual parenting.
As far as the ESRB disclosing why they gave the rating they gave, does the MPAA give out specifics as to why they rate a movie the way they do? If they do not then there is certainly no reason to expect the ESRB to do so.
"Doesn’t the MPAA similarly not disclose this stuff?"
Nope. Because if it wanted to be fully disclosing to the public, they'd have to release the entire movie ahead of it's release date.
Can't release the "worst" scenes, because that would involve a judgment call, and wouldn't be fully disclosing.
"I am sure there are some NDA issues involved that would prevent the ESRB from releases details PRIOR to a games release, but there should be no reason why the ESRB could not release a more detailed report AFTER a games release. I do not imagine the ESRB review would be any more revealing than a game review."
An NDA can still cover material after it hits the market, because it has a market value, and is the property of the publisher. Game reviewers still have to purchase a copy of the game, or be given a free copy by the publisher. Even unauthorized strategy guides are still limited in how much game content they can "show" in pictures because of Fair Use (word descriptions are ok, but really, do you want to read the 1,000 page summary of all the different scenes in MH2?)
So just because it's released doesn't necessarily free the ESRB from it's NDA.
Remember too that the big stink is that they want MH2 to be rated AO BEFORE it hits store shelves.
"I have written before that my major complaint with the ESRB is that it is simplistic and vague."
But so is EVERY OTHER rating system on the planet. The BBFC ratings, MPAA, RIAA, the AU/NZ ratings, CERO, CSM, etc. EVERY rating system is a judgment call on content made by a group of individuals, either professional, political, or pulled in from off the street.
Yeah some have a little more detail than others, but all still boil down to the "suitable for teens/not suitable for teens", and "has enough boobies to rate 'adult', doesn't have enough boobies to rate 'adult'"...
Pretty much, he wants the support of all the angry soccer moms who know even less than he does. He should really be campaigning for parents to be more cautious with the money they give their kids.
They say that 42 out of 100 kids can buy this game? Well, I don't know or trust where they got those numbers, but as a GameStop employee we NEVER sell M rated games without an adult there and even then we inform the parents or guardian or whoever, this is is an M rated game for Violence, Gore, Sexual theme, Adult Language, and so on. Now, on several occasions, upon informing a parent they'll be completely surprised and not even realize that the M meant that.
Terribly uniformed parents who insist on buying games to shut their child up are quite disgusting to me. It's because of them that we have so many problems and attacks on the ESRB.
The important thing to ask, though, is why are there so many unattended children out there with at least $50-60 in their pockets? Who's letting these kids run free out to the nearest WalMart so they can purchase these "Ultra violent" games we keep hearing about?
Yeah, someone should put some kind of note on the rating that tells you what age it's suitable for...
I remember when I was a boy of 10 years old. On fridays I would jump in my camero and drive down to the strip club where I tended bar. After that I drove to the nearest K-mart to buy a new game, before picking up some Jack Daniels at the nearest State Store and heading home for a drunken gorefest.
The preceding has been complete sarcasm.
"They say that 42 out of 100 kids can buy this game? Well, I don’t know or trust where they got those numbers"
The FTC did a study, and found that teens couldn't buy M rated games 58% of the time, a huge improvement over 36% it was a few years ago. But as BearDogg-X points out, if you take into account how many games are sold directly to minors with zero parental involvement, that 42% accounts for less than a percent of all games sold.
We must be moderate in our opinions - assuming that movies and games are "the exact same thing" isn't genuine.
When you buy a game, what is it you buy? The physical media? The video and sound? The interactive risk/rewards that make up gameplay?
If you disclose (parts of) a movie before its release, you spoil it - you give away everything the movie contains for free.
If you disclose a screenshot, you just make people want to play the game more! Compared with movie trailers, we get much more advanced viewing of games already from the publisher's own channels.
I can imagine that game companies would love to turn the ESRB into a marketing outlet - whoring screenshots of the game suffixed with the content descriptors they earned.
That would, of course, make the ESRB even more dependent on industry funding, and bring into greater question their impartiality.
So the reason why the ESRB shouldn't disclose this information isn't because that would destroy movies and therefore must destroy games (but it won't) - it's because this disclosure channel would destroy the ESRB itself.
Yee, are you fucking dense? Do you not understand what happened here? They did not just change the fucking rating, R* had to resubmit the game re cut with content removed to get the fucking rating lowered.
Why don't you go read the ESRB site, its been rather informative for the last 6 years if you know how to use a fucking web browser. They actually explain the ratings process if you aren't to busy to go and look.
Yea, people should stop giving away these horrible game systems. I mean they cost what $5 for the system and $1.50 for the game. The kid could skip lunch for a few days and buy these things for Christ's sake.
/sarcasm
I swear some of these people think the above. The cheapest I've ever seen a game was $10 and that was a DS game. For that matter, the cheapest systems are over $100 (and those are last gen). The last generation of games was $50 a pop brand new and greatest hits for $20. This generation is $60.
If your kid is able to save up the $500+ to purchase the hardware, accessories, and games, then connect it to a TV, all without your knowledge, you have some problems. Or your kid is the most mature and devious child I've ever met! Or you kid has a job and hence more than likely mature enough to either handle the games, or know which ones not to buy.
I was using movies as an example of how full disclosure allows the entire movie to be seen before it's ready for release. It's perfectly applicable to games too, because in order to be "fully disclosing", you'd have to release the playable game...
You're assuming that screenshots of the game would be sufficient to "fully disclose" the content. I say nay. Remember these people wanted the ESRB to "fully play" the game, so how can you "fully disclose" the content if you don't release the full game?
If the ESRB only released some screenshots and descriptions, they could still be accused of "hiding" details about how the game got it's rating, because they're not disclosing everything.
">You gotta love how the word “Ultra-Violent” keeps coming up in these press releases. What soccer mom thought that word up?
Pretty sure it was actually Stanley Kubrick. Clockwork Orange ftw =D (now THERE’S a game that would warrant an M rating…) "
A Clockwork Orange was a book before Stanley Kubrick made it into a film. It was written by Anthony Burgess as Eric Lamy has already pointed out. But now we're getting off-topic.
2) The more transparency for the ESRB's rating guidlines, the more scrutiny from all sides. Yee and the rest won't be satisfied with knowing how the ESRB rates games, they're going to do everything they can to mold the criteria to what THEY want. Yee could easily call for the FCC to investigate "inadequate" criteria for ratings, even though it would once again be unconstitutional. It's the same reason why the MPAA's criteria for ratings aren't publicly published.
If Yee wasn't attatched to the CCFC, and so zealously out to get unecessary and unconstitutional legislation passed, I'd be able to respect him. Heck, even NIMFL recognizes the gains the ESRB has made, and at least partially favors education before legislation.
http://www.penny-arcade.com/comic/2006/10/01
1. It's spaced out fairly evenly. Keep the other ratings, but lower what is known as "M" to 15. (E, 10+, 13+, 15+, 18+)
2. Do not use ANY letter/word rating beyond the initial E rating and/or a Reccomended for before the +whatever rating
3. with the 18+, it leaves out the "ADULT PRON LOL XXX" connection, since the word adult is not used.
That way, the ratings appear to be more of a reccomendation AND an enforcement, depending on your understanding of the system.
At least with movies, if content is cut for being too violent, you still have a shot at seeing it in a "Director's Cut" six months down the line, and nobody bats an eye.
Penny-Arcade ftw! I loved that one!
"You gotta love how the word “Ultra-Violent” keeps coming up in these press releases. What soccer mom thought that word up?"
Actually this was from Doom(and I think wolfenstein), I remember it quite clearly since I played it the other day.
We're not talking about what does and doesn't end up in stores at this point, we're talking about what would happen if the ratings criteria used by the MPAA and the ESRB were made public.
What you're talking about can be found here http://gamepolitics.com/2007/08/28/ian-bogost-console-makers-are-the-rea...
see what I posted for Phantom
Won't do any good, there's a decent chance the same kind of person would get the job.
Yee, just like every other "save the children" politician is sorely out of touch with the subject he's trying to legislate, and that won't change anytime soon.
Pitty he does not seem to realize (or care) that the ESRB does not have permission to expose said information.
So which is it ignorance or just saying whatever sounds good in a press release?
Because it isn't as if anyone has ever accused the MPAA of being "unwilling to disclose or give any meaningful rationale at how they come to their decisions." It isn't as if someone didn't make an entire film about how the MPAA ratings are so secret that they had to get a private investigator to find out who the actual specific people that rate the movies are or anything. It isn't as if the MPAA gave that film an NC-17 when they rated the movie or anything which in effect prevented the film from getting a wide distribution or anything...
But yes, let's focus on those damn videogame ratings people because they are the only ones that are bad...
Until then hes just whining and everyone with half a brain knows it.
Perhaps it is simply a matter of it not being his business. Has he purchased a game which was mis-rated? Has there been a spate of games with inappropriate ratings, people complaining?
Or is this more likely a power struggle from a busybody who can't be bothered to address real problems in his state? An appeal to emotion rather than logic.
Can parents disclose any meaningful rationale at how they come to their decisions? I'm a parent, and I can't.
Make the ESRB transparent in the methods. Let anyone who actually wants to see the material the games are reviewed through, see it. Don't hide it. If a game, like manhunt 2, gets re-rated, then let people know -why- and just what changed.
And, damnit, use the AO rating properly. I agree, games that are meant for adult audiences, should be rated for adult audiences. And console makers shouldn't limit that. In fact, if they really wanted to do something about it, limit the systems to T-rated games by default, then have a one-time call-in to unlock the parental controls to M and AO. That way, young kids can't just get their hands on bad games and play away. It makes the parents conscious about what kind of material their kids might be playing, and it just makes adults take 3 minutes, once, to call a toll-free number and unlock.
Don't use the AO as a censor, don't use it as a bludgeon and don't use it as a way to punish companies. Let companies make games that are meant for their audiences. Damnit, let them make an even more explicit version of Leisure Suit Larry, if they want to. The Wiimote would be a -perfect- way to play something like that, and it would get around a lot of those subtle innuendo bits that kids might not get.
If, for whatever reason, a developer wants to make a game about flying cocks and pussy raiding, that should be within their creative rights, and it shouldn't be censored or banned from the market, because a few companies are afraid of letting their hardware be "corrupted". Especially since you can already watch porntube on the Wii browser. That's worse than what you'd see in most games, anyway. :P
Interesing figure. I downloaded the report to make sure I read it correctly not to just take Yee or Thompson's word and indeed, undercover mystery shoppers were able to purchase games 42% of the time.
This number does not indicate real life.
They GAVE kid money and told him/her to go in and buy a particular game. I've yet to see any research that has statistics regarding sales as to an age demographic.
Suffice to say any sales with a credit card were probably not a kid under the age of 17, so then break down cash or gift card sales of M rated games: what does to correlate to? anyone? Then break that down in to age, what do you suppose that number would be? I seriously doubt it would be 42% of cash/gift card sales of M rated games.
food for thought
Make the ESRB transparent in the methods. Let anyone who actually wants to see the material the games are reviewed through, see it. Don’t hide it. If a game, like manhunt 2, gets re-rated, then let people know -why- and just what changed."
Why should the ESRB have to do this? Even when they would do this, they would even get more flack for the rating they gave a certain game. When the ESRB is very upfront about why something got a certain rating, the politicians will still not agree with the rating. This will only give the more ammunition than ever before. Because what the ESRB would deem suitable for minors, other people may completely disagree with.
The politicians just need to deal with the fact that the ratings are guidelines and nothing more. And I really have no clue why Yee is so damn idiotic about this. It is only a difference between 17 and 18 years old, that is it. If it were a game that was AO and got re-rated T, he would have point, but now he simply doesn't. And how hard is it to understand those ratings? It says M and 17 + on the same box. It also tells people exactly what type of content it contains.
And who on earth would even think that a game called MANHUNT could be remotely suitable for children? It is about time that Yee stops helping the parents to be so lazy. Children can't buy games without money. When you give your child money, below a certain age, you should always know what your children spend it on. And when you don't want your 16 year old to play a game such as Manhunt, put their computer behind locks when you aren't home (only give them a laptop, something small you can easily take away). Sure, they could still hide the laptop themselves, but then you have already failed as a parent. A good parent knows that you need to learn your kids everything, BEFORE they become teenagers and not during the teenage years (doesn't work).
As one example, consider a game developer that cuts sections of material present in an early build and applies it to an expansion patch. Anyone who's hacked around with game files from Doom on out knows how many inactive bits of assets are even present in released files that speak to cut or unincluded material.
Those developers aren't going to disclose how many features got cut or reused for another release or even product. Honestly, given their position and in many cases duty to their stockholders it makes very little sense for them to do so.
At the same time, many games need early builds released for rating to allow for readjustment if they should receive a rating that would kill their viability for the intended market. So the developers will hold onto NDAs for reasons that do, in fact, make business sense.
In this regard, there is in fact a greater reason for nondisclosure in a game rating system than in the MPAA.
This argument is in line with many who have said transparency isn't viable due to disclosure affecting sales and I STILL disagree.
Using your analogy of unused assets in the original "Doom" , how would viewing that material NOW cause heartbreak amongst stockholders, or investors? The answer is it wouldn't.
Frankly, the industry is going to come to a point where it can't afford NOT to disclose this information after a certain amount of time because they will be neck deep in frivolous law suits all clamoring to know why their AO rated game got an "M".
It seems to me a small compromise and a show of good faith to keep people like Yee at bey and when I hear that the game developers are unwilling to make compromises, it makes me wonder why I defend them so strongly.
As a consumer, my best interests are served when the game industry and politicians get along well with one another.
I take offense when politicians misuse my tax dollars for laws that would circumvent the constitution and I sure as hell take offense when I give a company hundreds of my heard earned dollars only to hear them say they refuse to make concessions or compromise on such trivial matters... like a label on a box or revealing, after a reasonable amount of time, the process by which their controversial game was rated.
These are small maters that can be addressed without laws, interventions by politicians or threat of legal action or investigations.
Even without creditcard/gift card sales, BearDoggX worked out the numbers to
If the ESRB does not do all of the work, that it eliminates parents having to think and removes all responsibility from the parents, does not ban games THEY find objectionable, if the ESRB does not prevent 100% of mature game sales to minors 100% of the time, then the system is completely and utterly broken.
"It seems to me a small compromise and a show of good faith to keep people like Yee at bey"
But it won't keep people like him at bay.
Imagine the following scenario. The ESRB rates a game "AO", and lists it's reasons for doing so, along with the material that got it the rating. The Yees of the world nod in agreement, because the system works, the horrible game got defacto-banned.
Then the game got resubmitted, with material cut out, and the ESRB rates it "M". The Yees of the world cry foul, because they want it rated "AO".
How does revealing the material cut stop them from continuing to demand it be rated "AO"? Clearly they don't want that material put back, yet they demand to know what it was. It doesn't matter if it's gone right? Confusion FTW.
The other problem is that it then opens it up to nitpicking. Rating is an art, not a science. You can't state "if character X gets throat slit just SO by character Y, and X is a bad guy, and Y is a good guy, and X deserved it, and it was badly lit, and the camera angle was Z, THEN it's AO, but if it was angle Q, it's only M".
Knowing everything still won't let you compare judgment calls, and only gives people like Yee the ability to nitpick. "Well it wasn't badly lit enough by MY standards, so it should have been AO, not M"
How did they come to that number?
you know the other thing is, just because a game is rated M does not mean my 14yo can't play it in my house. I take a look at ALL the games we buy and many we don't [funny how I make purchase decisions by research than gut reaction]
I let him play Halo, I let him play KOTOR, I let him play almost anything he actually wants to play which for him, is usually music related games or games where you play with others, he has not gone on line BTW to play games.
so, how many "M" rated games get sold to minors who are NOT allowed to play that particular game in their own house with parental knowledge.
Thompson & Yee would have us believe that parents everywhere are just clueless. I don't know any parents who are completely clueless and I sure as hell don't know any that let their kids have control of the TV, computer and videogame console in their house.
I don't say that there will be NO investigations but it will shut up people who try to claim the ESRB or Game Devs are "hiding" something if its all out in the open.
nope, still doesn't sway me, Transparency is key here. I'm not the only one who thinks so.
When the MPAA has full transparency and disclosure on its methods for rating movies, and there is full disclosure and transparency on how TV programs are rated, then I will see a potential argument for the ESRB to do so with video games, and not before.
Right now, the biggest noisemakers who are demanding full disclosure (like Yee) are simply demanding something of one entertainment medium which does not exist in others. That is a double standard, and is simply an effort to censor said medium.
Now if Yee wanted to really solve the problem he would probably want to have talks with Sony, Microsoft and Nintendo about allowing AO content and then letting everything fall into place after that with retailers. Then game developers wouldn't worry as much about avoiding the AO rating and the ESRB can continue to improve upon their rating system to make people like Yee happy. Meanwhile adult gamers won't be affected because AO games will be available for them to play. Sure Id rather not have any regulation but I suppose if this were to happen I'd find it tolerable until I'm a bitter old man.
But I think he is just trying to get some ammunition from the ESRB to use against the industry. (Look at what was in this game, they don't think it deserves an AO rating so this proves they aren't a credible or reliable when it comes to protecting out children.)
"who is BearDoggX, excuse my ignorance? How did they come to that number?"
http://gamepolitics.com/2007/08/29/yee-what-is-esrb-trying-to-hide/#comm...
BearDogg-X does the math, but assuming the only games kids try to buy are M rated, that leaves us with 0.53% of all sales being M games sold to minors without parental involvement. And that number doesn't include refusals at home, only lack of parental involvement in the purchase at the till.
"I don’t say that there will be NO investigations but it will shut up people who try to claim the ESRB or Game Devs are “hiding” something if its all out in the open."
No it won't, because it's still a judgment call, and they'll bitch that it wasn't by THEIR standards of judgment. The lack of material to judge is just an excuse to bitch, but if they were given all the data they'd still bitch.
How would you release all the details of a game, in such a way that you couldn't be accused of "hiding something". The only way I see is for you to release the game. In it's entirety.
Actually, first I'd ask that Yee fully document and disclose every single work spoken during any meeting he's ever had with lobbyists, phone calls he's made from the office, and all material he's ever edited out of press releases and speeches. Otherwise he's clearly hiding something.
Afterall, if he's not guilty, he's got nothing to hide, so what's the worry?
If he disclosed all that information we'd have a whole lot of ammunition against him I bet.
Oh, and charge standard copy fees for it (10c/page). So that's $100 for the report on what's in the game.
And on the first page, include a $5 off coupon for the purchase of the full game...
ohhhh, yeah, I DID see BearDogX's post, he was quoting ESA numbers, gotta go find those and see how they did it but the number sounds right for real life numbers and not some set up
In my opinion the MPAA DOES have ful transparency by default since we have the luxury of comparing theatrical releases with unrated or director cut releases in the comfort of our own homes. I DO wish we could do the same for games but we're far from there yet.
My feeling is, if small concessions can be made by game devs and the industry as a whole, they should just go ahead and make them and lets stop all this bickering so I can enjoy my games and my family without worrying if someone will say what I'm doing is illegal, immoral or otherwise.
Don't hold that .53% figure as gospel. While BearDogg-X's point is valid, his math isn't quite correct.
That said, the number of minors purchasing M-rated games is very tiny. The figure itself is even more unimpressive when you consider that most of those sales are to 16 and 17-year-olds.
Andrew Eisen
"Do you think Yee considers it marketing toward children because he doesn’t consider a 17 year old an adult?"
In California you can't drink or look at nekked ladies until you're 21, so yeah, probably...
True, it's ESA numbers, and it's not gospel. But even if the numbers are off, it's still showing that of purchases, minors buying M rated games without being refused is a very small number. Even if it was 5% instead of .5%, I'd still be wondering what the fuss was about...
"In my opinion the MPAA DOES have ful transparency by default since we have the luxury of comparing theatrical releases with unrated or director cut releases in the comfort of our own homes."
ONLY if the publisher authorizes it. If they don't release a Director's Cut, you've got nothing to compare it to... So you're comparing a completely voluntary marketing ploy to a suggestion that the company is somehow being deceptive if they DON'T do it...
I can't?! Oops...
Certainly doesn't lend much credence to Yee's cries of "but we legislate drugs and porn to kids!" when you'd be hard pressed to find a minor who hasn't smoked or drank or looked at a girly mag or something.
Andrew Eisen
I'd hate to see what the unrated-DVD numbers are like...
Crazy eh? At 18 you can't look at Playboy or enjoy a beer (or possibly even enjoy a cigar, I'm not sure what the Calif smoking laws are right now), but you CAN be sentenced as an adult even for minor crimes, vote for President, and be shipped off to die for your country...
The FTC studied both R and un rated movies on the retail side. Both ended up being a 71% of kids being able to buy them.
Suddenly 42% doesn't seem as bad.
Andrew Eisen
It started with a couple of politicians and lawyers with an agenda. This brought the topic to the forefront of the gamer's mind. Then the gamers gotto thinking about it. So now we have a distrust from all sides of the field all because of a couple of politicians and lawyers and their agendas.
"Where in blue blazes did this immense distrust of the ESRB originate from anyway?"
Where else? When it started not banning games that people wanted banned...
Andrew Eisen
A large majority of movies that do that unrated DVD thing is ONLY to market/hype how controversial their movie is, and largely it's really negligible stuff that doesn't matter. Plus, not every movie does it, so that analogy really does not work out at all.
Yea its a shame its become 21 to be a true adult. I've always thought it should be 18, your getting out of high school. Your either getting a job or going to college(or both). And if shit hits the fan you could be sent overseas to go to war. Only kind of nakidness you can see is on video or in magazines and you can't drink... but feel free to smoke. But if your 17 and you commit a crime aren't you automatically judged as an adult? What the hell is up with this tangled mess of contradicting laws?
Andrew - That all depends on which side of the distrust of the ESRB your looking at. I think gamers and politicians that oppose the ESRB probably are looking at from completely different sides.
"I was using movies as an example of how full disclosure allows the entire movie to be seen before it’s ready for release. It’s perfectly applicable to games too, because in order to be “fully disclosing”, you’d have to release the playable game…"
We're talking about ESRB disclosure, not game industry disclosure. They can yell till they're blue in the face at the game industry to fully disclose games before their release - and good luck with that - but the ESRB could disclose no more than what they're offered.
ESRB website: "Along with the written submission materials, publishers must provide a videotape or DVD which captures all pertinent content, including the most extreme instances, across all relevant categories including but not limited to violence, language, sex, controlled substances and gambling."
None of that material ruins a game like it would a movie. It's actually probably all in their marketing.
"If the ESRB only released some screenshots and descriptions, they could still be accused of “hiding” details about how the game got it’s rating, because they’re not disclosing everything."
I absolutely agree there's a slippery slope here. If you give a man a fish, he'll ask for some water. And I don't want to see the ESRB turned into a game industry marketing outlet any more than the next gamer.
But this continued line of reasoning, that the ESRB need not work a certain way because that is not the way the MPAA works, is flawed. There are different, better, reasons why the ESRB should not pursue a path that makes it the first and best source of 'spoilerrific' information about upcoming games before their release, which may...or may not!...overlap with the MPAA's reasons.
Patricia didn't go into detail, but she touched on them in her response. I expect we'll see more of those details if folks keep pushing, and it'll make them look rather shortsighted.
I wonder if the industry would consider a mechanism to 'gag' AO ratings, where they intend to cut material and resubmit the game for rating. It would spare us these media frenzies if we could just cut the chase to "what do you mean it was rated 'unbanned'?"
I want to know what was changed but not for the same reason that Yee does. I want to know how the creator’s vision was compromised in order to earn a lower rating so that I may decide whether I’m interested in buying a censored product or not. Yee wants to know if the current version of Manhunt 2 really deserves an M-rating.
Why he doesn’t just buy the game when it’s released and see for himself is beyond me.
Andrew Eisen
E. Zachary Knight's partially right. It also comes from the "censor everything for the sake of the children" groups like the CCFC and game creators and publishers who have issues with the ESRB in the first place.
"But this continued line of reasoning, that the ESRB need not work a certain way because that is not the way the MPAA works, is flawed. There are different, better, reasons why the ESRB should not pursue a path that makes it the first and best source of ’spoilerrific’ information about upcoming games before their release, which may…or may not!…overlap with the MPAA’s reasons."
Well, within reason. The fact that the MPAA is not mandated, required, or actually *does* provide transparency in how it sets its ratings (or the television rating system either for that matter) does lend strong credibility that the ESRB has just as much leeway in that regard. Any demands to make the ESRB be more transparent, without requiring the same of other media industry ratings boards is disingenuous, and targeted persecution of that specific media (namely, video games).
Maybe it's time we step in and all send him the link to http://www.esrb.org/ratings/ratings_guide.jsp so that he can learn about the ratings system. It's obvious he doesn't have a friggin' clue what it entails.
Also, perhaps to alleviate some of this ignorance on his part and the part of others like the CCFC, the developers and publishers could produce a series of PSAs letting parents know about the ratings and parental control systems. We tend to blame others for their own ignorance, which by all rights is their problem not ours, but we could make an effort to educate the dullards that don't want to take the time to figure this stuff out on their own.
I agree with you up to the point where you're considering buying Manhunt 2. You talk about the creator's vision being compromised as if it was a Fellini film... which it most certainly is not.
Additionally, based on that logic, you may as well never again go see a movie in its theatrical releases since just about every movie is "edited" to conform to its desired target demographic based on the MPAA rating it receives. And, didn't you or someone else at GP argue that many other games are routinely edited to get an M rating but just never get the controversy? Seems to me this rating re-do is normal for the game industry right? Why feed in to R*/TT's hype ?
Why that’s…untrustworthy.
Andrew Eisen
"We’re talking about ESRB disclosure, not game industry disclosure. They can yell till they’re blue in the face at the game industry to fully disclose games before their release - and good luck with that - but the ESRB could disclose no more than what they’re offered."
Remember, these criticisms are coming from the same people who demand the ESRB play 100% of the game. So really if you give them the info currently submitted, they'll just bitch until they get 100% of the game anyway, because they want the whole game studied.
So really, you're not decreasing the amount of bitching by giving them the info, so why bother at all then? It's not going to make the ESRB any more credible in their eyes...
@Andrew
See my suggestion about the $100 report vs. the $70 game. ;)
yet another argument against ESRB transparency based on precedent.
I really fail to see how the ESRB/Game Devs in tandem stepping up to the plate in an UNPRECEDENTED way as a sign of good faith. The "spoiler" and "sales" issue are easily dealt with by determining a time table, say 6 months? a year?
Saying you won't do something because someone else doesn't have to is not an argument that sounds reasonable to me.
I TOTALLY agree that it is unfair the way the industry as a whole is persecuted but I see no reason why extra steps can't be taken to pre-empt this current nonsense since ultimately it would not hurt anyone and then no one can say the industry is not bending over backwards to "help".
-mw
“You talk about the creator’s vision being compromised as if it was a Fellini film… which it most certainly is not.”
I bet Manhunt 2’s creative director would beg to differ. Besides, how would you know? You haven’t played it yet.
And Frederico Fellini’s creative vision is just as important as Uwe Boll’s. Neither should be compromised.
“Additionally, based on that logic, you may as well never again go see a movie in its theatrical releases since just about every movie is “edited” to conform to its desired target demographic based on the MPAA rating it receives.”
I often don’t see movies theatrically for just that reason.
“Seems to me this rating re-do is normal for the game industry right? Why feed in to R*/TT’s hype ?”
Because I know about it. I’d be saying the same thing if I found out Katamari Damacy’s creative director wanted people to leave blood smears on the ground as they were rolled up.
Andrew Eisen
I agree. But a statement to that effect is more an attack on the person making the argument (even if they are, transparently, singling out an industry who are not his campaign contributors) than an attack on the argument itself.
@Andrew:
There is at least one thing you can count on. "No matter how far an ass walks, it will not return to you a horse."
Well, legally, precedent determines if they should be forced to do so. The whole *point* of my argument was precedent -- if there is no precedent for such a thing already existing, there is no reason to expect an industry to do it. What said industry does on their own volition is a completely different, and actually irrelevant argument with no real connection to the point at hand -- that a representative of government is attempting to pressure the industry to be transparent, and using underhanded statements to do so, when there is no precedent for such a thing already existing for any other kind of media -- it becomes a matter of singling out video games apart from other media.
Historically, any time people have given into pressure the likes of what Yee is wanting, that has not been the end of it. If the ESRB became fully transparent and revealed everything (which I won't even begin to discuss the impact this would have on video game developers ever willingly submitting to being rated by the ESRB ever again, as it would make the ESRB the largest spoiler organization *ever*), it would not be enough. Once he got his way on that, he'd push for something else, and continue to push for things until he could shut down what he feels as "ultra-violent video games" for good.
The ESRB capitulating to this demand would be a serious wound against the industry and the credibility of the ESRB as seen by the industry. Why? because there are simply corporate secrets that are not to be made available to the general public before the company which made the game is good and ready. Where's the surprises which people come to expect in media? What if the MPAA had to reveal everything about a movie, in detail, in order to be "completely transparent" before the movie went to the box office? How would that have affected movies like "The Sixth Sense" or other such movies that have a surprise ending, if the ending is already revealed and on public display?
What Yee is asking for here is unrealistic, and he knows it. But it is something that makes headlines and attracts attention -- unwarranted negative attention at that -- toward the ESRB.
puhLEEZE spare me the "artistic" comparisons. lets just agree to disagree on that one, so many people do already, no need for us to.
now, as far as the ESRB and Game Devs are concerned, in my opinion the process should be transparent and it is NOT a position I hold lightly or because of just this incident. I don't see it as a move to cater to one group or the other, I see it as a needed step in evolving the "PERCEPTION" of video games in the public eye.
Fighting amongst ourselves or with JT will not evolve anything, so in the interest of that end, I will not 'argue' with anyone here. My position in the game industry is not that different than a retailer, but my opinion as a "gamer" is just as valid as anyone here and I respect most of the people that come here regularly quite a bit and I think Andrew and Dennis are doing something that very few people are doing and that is creating a dialogue within the gaming community, the gamers, and that is very important.
My comments and opinions on these subjects are meant to bolster "evolution" of video game culture.
I don't know about any of you but as a 42 yo parent I find my self defending video games quite a bit in social settings. I'm getting sick of it and I'd like to see some more strides in a positive direction in my lifetime. I know its asking a lot but considering where we've come from in such a short amount of time, I see it as entirely possible and plausible to expect more of the same.
The MPAA seats a review board that is kept secret from the public. They're repeatedly refused to identify the people rating games, even to movie studios and producers. They only release a final rating, not listing any of the specific reasons, or how many times a movie was submitted for rating. The Bourne Ultimatum gets "Rated PG-13 for violence and intense sequences of action." but no indications beyond that (rating taken directly from the MPAA's website). If State Senator Yee and similar critics were serious about their rhetoric, they would be going after the MPAA and RIAA as well. The fact that they're not should be a red flag that they've got an ax to grind.
I've had to defend video games more than a few times myself, and I am not a parent. It is the times we currently live in. Transparency would cripple the ESRB, forcing extreme indecisiveness in many situations as if every action they took was constantly being monitored, even if they are doing the right thing, that gets... well.... tiresome. Ever had a boss who was always watching over your shoulder? Same kind of problem, but at a bigger scale. It shows an extreme lack of trust in the ESRB as a board, and them becoming fully transparent could rapidly be taken as them revealing that they don't have the capability to make decisions on their own and should be dissolved.
No, confidentiality needs to remain in place, thank-you very much.
This is, to me, a sign that the market is doing its job and that COMPANIES are more than capable of keeping those games out of kids' hands without parent consent.
In other words, leave the fucking ESRB alone.
Really?
According to the ESRB parents agree with the assigned ratings 82% of the time.
http://www.esrb.org/about/news/downloads/ESRB_AwarenessUsePR_5.4.07.pdf
According to the FTC, 87% of parents reported being "very" to "somewhat" satisfied with ESRB ratings.
http://www.ftc.gov/reports/violence/070412MarketingViolentEChildren.pdf
According to the Kaiser Family Foundation, 93% of parents found the ESRB ratings to be either “very useful” or “somewhat useful.”
http://www.kff.org/entmedia/upload/Rating-Sex-and-Violence-in-the-Media-...
Well gee-whiz Senator Yee, it looks like parents are pretty happy with the ESRB as it is. So, explain to me again why you think parents can’t trust the ratings without more transparency.
Andrew Eisen
Imagine for a second that the public decided that books needed to be rated and a board was developed to do this. Imagine that authors had to go through a process of writing and re-writing their product to receive a rating that matched their target audience. Then imagine that the public demanded that the ratings board release information about what was cut to receive a particular rating and what stayed the same. For a writer this could be devastating. In a very real sense they would have lost partial control over their own intellectual property.
Creating video games, like writing, is a continual process. At no point should one stage of the creation process demand that the owner release his or her IPs to satisfy public curiosity or quell public outrage.
Well cited. :)
Um, no they haven't, Senator. They've said that they will provide tools to help protect children, but it is primarily the parent's responsibility. People keep trying to cast this as an issue of whether or not children should be able to play extremely violent games. It is not.
As many have said, due to issues of non-disclosure and the like, revealing the specific scenes that determined why a game got a particular rating would cause issues. It would violate the NDA's the ESRB has certianly signed. Now, some might wonder, why can't they just word the future NDA's so that only content directly related to the rating is allowed to be revealed? Well, first of all, I imagine that would be a legal nightmare to work out, and second of all, it still wouldn't stop major things from being spoiled in some cases.
Imagine if you will that some anticipated RPG gets a M rating, surprising some people because the game didn't seem that violent or anything from the previews. Turns out the reason why this game got it's rating was largely because there was a certain scene where a main character gets tortured, and has her arm cut off and her eyes removed. It's not an especially gory scene with the way the game presents it, but it's very effective in conveying the pain the character was going through, and it's somewhat disturbing. (Intentionally so.) It happens to a very likable character (the main character's love interest, actually), and is designed to fuel the fury of the player.
Incidently, this scene occurs near the very end of the game, after a very clever fake ending. Not some stupid fake ending done halfway through the game when it's obvious it's not over, but one done very near the real ending that is very well-designed and actually has a high chance of tricking the player into thinking the game is over.
If the fact that a main character is tortured and losses her arm and eyes is revealed, that fact alone will spoil many things for the players. As soon as that scene of torture starts, they are going to know what happens. Because of the circumstances of the scene, they'll instantly know that she's going to lose her arm and eyes, and the whole shocking nature of that scene will be greatly reduced. Perhaps even worse, they have no chance of falling for the fake ending anymore because they know that someone losses her arm and eyes in the game.
I chose a rather extreme hypothetical example here, but the fact is, there are many many minor things that could be spoiled by having the exact scenes of violence/sex/language revealed.
So, maybe the ESRB should disclose their rating process after the fact, after the game's already released and spoilers are already out there? That's what some say. Sounds good?
Except, I think that would be pointless. It wouldn't satisfy critics. They want to know things NOW. They want to blast the ESRB for games that aren't released and that they have never played, you think a "We'll tell you why we gave it a M in 6 months" would satisfy them? It wouldn't, it would just give them something to nitpick about later. It would be a waste of time and money on the ESRB's part. There are far far better things for them to spend their time on.
August 29th, 2007 at 7:39 am
You gotta love how the word “Ultra-Violent” keeps coming up in these press releases. What soccer mom thought that word up?"
Ya know what we need? Ratings based on the difficulty levels of doom.
"I'm too young to die!"
"Hey, not too rough"
"Hurt me plenty"
"Ultra-violence [:)]"
"NIGHTMARE!"
At least part of it's already ingrained permanently into their brains.
That would Rock!
In this fasion, Yee is perhaps their most sucessful advertiser... And he does it for free.
sounds like the WOLF3d difficulty settings.
Paris Hilton Sex Tape Video 2...