April 7, 2008 -
A piece of legislation under consideration today by the Arizona State Senate has video game industry representatives concerned.HB 2660, which was passed by a 36-23 vote in the Arizona House of Representatives last month, would make content producers, publishers and distributors liable for monetary damages if any written, audio, visual or digital material from which they profited was judged to have been "dangerous" or obscene and motivated someone to commit a felony or an act of terrorism.
The Arizona Daily Star reports that Keith Perkins, an attorney who runs the victims advocacy group Never Again Foundation, said that those who profit from such material should be held responsible. Perkins wrote the measure, which is sponsored by Republican Warde Nichols (left).
Representatives for content creators, however, say the measure goes too far:
A representative for the Motion Picture Association of America, Wendy Briggs, said House Bill 2660 is overly broad. She said the legislation... could result in lawsuits against people involved in mainstream movies. Briggs, who also represents video game producers, said they, too, could be liable for items she would consider harmless.
Briggs used a flight simulator game as an example:
Should I now be reasonably sure that that's going to incite somebody to commit an act of terror? What about a movie, or a book, that teaches you how to shoot a gun straight?
The Video Game Voters Network, operated by the Entertainment Software Association, which represents U.S. video game publishers, has issued an alert to members, urging them to contact their elected officials about the bill.
GP: The industry is legitimately concerned about this bill, which would have a chilling effect, certainly on game developers. Who gets to decide, for example, whether content is "dangerous"? What does that mean, exactly? Does violent content make media dangerous? Is Manhunt 2 dangerous? Call of Duty 4? Saving Private Ryan? Beowulf? The Bible?
Comments
Re: Arizona Bill Worries Video Game Industry
Hi,
Very nice and useful article.I enjoyed reading this article and viewe's comments.Even i think that law is so dangerous that it could be one of the most anti american laws ever made in the USA. Its not just the video games part that worries me the most but the part that all media, and even books included. This can effect even education I think, to the point that even that will be censored.
Tia,
http://www.addictionlink.org/drug-rehab-center/arizona
Re: Arizona Bill Worries Video Game Industry
Personally, i would love some (slightly educated sensible) teens, young adults, and even gaming-adults to step up to the plate, and i would love to join them. I didnt even know this bill was passed until i read this article, however i am glad i stumbled on it. Firstly, the reason i say slightly educated and sensible, is because honestly, acting rashly would only hurt the success of any 'retaliation' campaign. As has been said, parents should be held accountable, and the only reason they agree with this is 'Hey, look, i have an excuse not to raise my kids like i should and blame something else to clear my own conscience (sp?)!'
<sarcasm>The gaming industry provides the most futuristic technology available to mankind, rightly dubbed 'rating system' which tells parents what the average (and sensible) age group should be for anyone who makes the purchase of said game. </endsarcasm
Now, if the parents really sought that their kids not to be influenced by a violent game, then maybe they shouldn't be buying their kids games with violence, that, with the help of thousands of scientific minds, over the last five hundred millenia to deduce that a game involving violence should be rated M for mature, meaning only people of age to discern between reality and fantasy should own and play this game, then perhaps the parents shouldnt be buying such 'media' for their kids in the first place? perhaps taking the fifteen seconds it takes to look at the rating, and then read the back of the case which tells exactly what the game contains within, and a small backstory? oh, wait, that requires too much logic and common sense to be plausible! oops.. i must have messed up on my /endsarcasm... oh, forgot the last > !
Now to the issue at hand. As has been stated, this is simply sterotyping (blanket term) that a game induces the inspiration to cause criminal acts? last i checked, it was the persons personal interperetation of any given media outlet, + their mental condition, level of logic/commin sense, divided by the 2nd power to = the final outcome. This law simply allows anyone to blame anyine/anything be it media, or otherwise that caused their own actions. the 'Devil made me do it' excuse. and thats just what it is, an excuse.
for those claiming religion is cause for such things, youre wrong too. the people being prosecuted for a crime, are just like the very lawyers/politicians who made the topic at hand, theyre using an outlet for a scapegoat to blame for 'why' they did what they did so that they dont take the responsibility themselves.
for those that dont understand what i just said, here's a picture
Lawyer ----- Games/media inspire people to do bad things!
Person ----- God/Devil made me do it!
point? theyre both just looking for an excuse to escape personal responsibility by blaming somehting else. Its like a post-apacalyptic thing, people will accept any excuse, and blame anyone that someone else tells them to, simply to have something to blame, so they feel secure inside, and dont have to take personal responsibility.
This bill is just like the preacher in a post-apacalyptic earth, where the lawyer is the prophet, claiming the video games, and other media outlets caused the earth to become the way it has. Why do the masses (aka parents, etc) believe it? because it allows them to point the finger at something other than themselves, so that they can have somehting, other than themselves to hate and blame, without taking the time to consider 'is this a false prophet trying to take advantage of a weakened community to become rich and powerful?' anyways, im rambling and going way off topic, but i hope you get the points im trying to make.
Re: Arizona Bill Worries Video Game Industry
These bills would get shot to pieces and the politicians backpedal so fast...
This "problem" is not going away anytime soon. There are many politicians-especially right now, who would rather point fingers than try to deal with a problem.
i feel bad for rap and R&B and rock music.
jeez guys
the problem is canada.
sarchasim
Oh, the lawyers...
I don't know what I mean by that, but it's a feeling I have..
i've been hired by the good people of arisona to stop the devil breaking out of them there dvd comics!
What is the it?
If you mean the law makers, then yes I'm inclined to agree, it seems they are getting desperate and the courts are having none of it.
If you mean the game makers, then please explain.
Nazi material, religious material, heck any written material can't be held responsible for the actions of others.
For that matter, so is saying that something 'motivated someone to commit a felony.' If a mentally ill person, after an afternoon of playing GTA, were to steal his neighbor's gun and go on a rampage, what motivated him? The game? The illness? The availability of a firearm? I think that proving such motivation came from a game or movie is nigh-impossible - and if the link were provable, it probably means that the movie or game is 'inciting imminent violence' and would already be liable under existing criminal and civil law.
And the fact that the law was written by a victim's advocacy lawyer... this sounds to me like said lawyer just wants to make it easier to reach into the media's deep pockets whenever a tragedy occurs.
There is no chance that this would pass constitutional muster. The federal courts have been brutal in striking down laws and lawsuits that try to hold content providers for that actions of individuals.
This clown Perkins needs his head examined.
Arizona bill = will fail
Massachusetts bill = will fail
Our tax dollars = down the shitter
What i do not understand is why now?
Are they hoping to swamp the mention of this bill with the presidential pre-elections or what are they trying to pull here, that's the 3rd one in a relatively short period of time, the two previous ones were bounced, but still it is worrisome that they're all so closely timed.
These legislators need a reality check. Anything can be used responsibly or abused; it's the responsibility of the user--or the user's guardian if s/he's a minor--to make sure the item is used in a proper way.
People need to be responsible for their own actions; passing the blame will only make things worse in the long run.
As well, it takes causation out of the equation, allowing the "Games made me do it" defence to be used, and have the developer take the fall instead.
It's like everyone in a car manufacturing plant facing murder charges because they built the car that a serial murder used to run people over. Who would want to be in the buisness then?
Starting Lineup
1. "The Turner Diaries"
2. " Magnum Force"
3. " The Warriors"
4. "Jackass"
5. "Doom"
6. "The Basketball Diaries"
7. "Grand Theft Auto" (Series)
8. "Catcher in the Rye"
9. "Halo" (Series)
As mentioned in the article, HB2660 is so overly broad that any judge could interpret almost anything (film, music, books, games) to have influenced, and thus violated such a law. I could see many a citizen trying to file civil suits alleging that they were harmed by someone influenced by a film and going after a movie studio (because they have the money). Whoever wrote this law needs to go back to "law writing class" because they obviously were asleep for a good portion of the class.
Let's just absolve everybody of personal responsibility why don't we? Big surprise a sue-happy lawyer is partially responsible for this legislation. He'll be able to chase tragedies all day.
Then there's Loony Toons, pretty much any war documentary, the evening news, text books, ZOMG, there's harmful violence everywhere! Ban everything, initiate Care Bearism!
If this, by some unforeseen nightmare ot judicial incompetence did stand, it would be a disaster, not only for the media, but for other industries as well.
If we don't currently hold GM & Smith&Wesson accountable for the things people do with their products, how can we hold EA and Warner Brothers responsible for things people saw in their products?
The whole idea just doesn't make sense.
It reminds me of the same people who were terrified of comic books in the 50's and 60's. "They're rotting children's brains!" "They're violent!" "They're full of smut!".
Fast forward to now, and they're the basis of more summer blockbusters than anything else in the last 10 years.
Personally, I think the interactivity scares people more than anything else, and gives them the ability to persuade otherwise intelligent people into thinking that games have some sort of negative impact. Given enough time, or the next big thing, common sense 'should' prevail. One can hope, at least.
Rather than going on the 'games are bad' route which has a proven fail record, they are now broadening the scope with the confidence that if they pass a law telling everyone they can now sue the big companies for every hardship and horror, then it has more chance of passing.
Come on, the 'Sue to absolve myself of responsibility and get rich' mentality has more legs than the 'bad game' angle.
This crap is why people hate lawyers.
Eh?
Ok, so maybe i'm jumping the gun, but my point is, and again this is a point I keep making, the industry HAS TO STOP PLAYING NICE!
Screw the PR problems, screw whatever issues it might create in the public image, the industry needs to send a clear message to the politicans.
Fuck with us, we will break your bank and your carrer. All they have to due is point to Jack and say. "See this man, who fancies himself our most able and abiding critic? Yeah, he's about to lose his law license. Care to join him on the un employment line? "
Forget winning or losing, forget the media or political backlash. Lets force the politicos to start facing there own music.
Then maybe they'll shut the fuck up and leave us the hell alone.
I'd personally like it to be an Axe too, but one step at a time.
Monkeythumbs had it right.
Have a shooting, or even just a beating up of someone, like the recent shooting at an Oxnard school, over an apparently homosexual student.
Search the criminal's home for religious text.
Blame the religious text and religion.
Multi-million dollar lawsuits against the publisher of the religious text.
And, if their religion organizes, such as a church, discover if the religion preaches bigotry and hate against homosexuals.
Multi-million dollar lawsuits against the church.
And, hey, if the church claims immunity or demands that they are protected by the First Amendment...
SHOVE "PROTECT THE CHILDREN" DOWN THEIR THROATS (FIGUREATIVELY SPEAKING OF COURSE)!
Nightwng2000
NW2K Software
Then challenge the law in court or let the state fix its own problems.