BREAKING - NY Senate Passes Video Game Bill 61-1

BREAKING - NY Senate Passes Video Game Bill 61-1

June 24, 2008

Moments ago the New York State Senate voted 61-1 to approve a bill proposed by Sen. Andrew Lanza, a Republican from Staten Island.

Sen. Lanza is seen arguing for passage in the photo at left. Sen. Thomas Duane (D) of New York City cast the lone dissenting vote.

The video game bill mirrors that passed yesterday by the State Assembly, a Lanza staffer told GamePolitics that the measure will now go to Gov. David Paterson for consideration. If Paterson signs the bill, it will become law in 2010.

Prior to that, however, the video game industry is likely to sue, arguing that the measure is unconstitutional.

UPDATE: We've got an mp3 of Sen. Lanza's final three minutes of argument in favor of the bill. Here's an excerpt:

If you look closely at this bill, [concerns expressed by Sen. Duane] are not valid. Let's start with speech. There's all kinds of speech. If we take an old-fashioned pinball machine and plunked it down here in the middle of the chamber, no one would call it speech. But when we put that up on a video screen, it does become speech and I acknowledge that. And it deserves protection under the Constitution... There is some confusion with respect to what this bill actually accomplishes... The word prohibition was talked about. I want to be clear. This bill does not prohibit the sale of any video to anyone...

 

This simply says that every video game sold in the state of New York simply should have a rating consistent with what the ESRB does presently in a voluntary way... it does work. But the problem with "voluntary" is that tomorrow someone can change their mind. Someone could decide tomorrow to no longer place ratings on these games. So this is not about prohibiting the sale, this is simply about providing information to parents...

 

Last year's version... that included a provision that would have made it an E-felony to sell these games, we all thought it was wrong. And we took that out. We worked with the [video game] industry. We worked with the Assembly and we do have an agreement here on a piece of legislation that I think will go a long way in allowing parents to make good decisions in regard to what is and what isn't appropriate for their chidlren...

 

Comments

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Okay, who was the "1"?

 

Andrew Eisen

Re: BREAKING - NY Senate Passes Video Game Bill 61-1
Thats what i want to know. Was it some smart politician? (If there is such a thing) Or was it someone that just didnt care or even understand what they were voting on?
Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Probably just someone who wasn't in attendance.

Anyways, I think we know the drill by now. ESA will sue, state gets screwed in court and the taxpayers are out millions of dollars thanks to the morons in government. Thanks, guys.

 EDIT: I at least hope they got rid of that draconian penalty for violations, putting it as a class E felony (the same as statutory rape).

 

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

It was Senator Duane.

I wonder what his reasons were.

 

Andrew Eisen

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

maybe Senator Duane was the only one who knew the MPAA was also voluntary

岩「…Ace beats Jack」

Re: BREAKING - NY Senate Passes Video Game Bill 61-1
Re: BREAKING - NY Senate Passes Video Game Bill 61-1
Didn't read later posts. Deleted.
Re: BREAKING - NY Senate Passes Video Game Bill 61-1

*bangs head against desk*

Someone get me off of this island of long and into New Hampshire.  I'm officially fed up with New York.

If its not over development of the island its pointless laws like this getting passed. 

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Those poor Taxpayers....

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Your damn straigt us poor tax payers!

 

I feel at 19 that I could be a smarter senator than the idiots who voted yes on this bill.  T_T

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Then again won't it sort of be a slap to their ego when they realize there are already parental controls on the newer consoles and that the ratings are on the box? 

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Well, the biggest danger here is to the older games market. Stuff like the older Nintendos and Ataris etc did not go through the ESRB for rating. Now, there's no question those games are harmless, but under this law, they would be illegal to sell, because they don't have the ESRB rating marked on them.

In essence, even if the law were constitutional, it achieves absolutely nothing other than putting out of businesses the very shops that sell games that don't contain highly graphical violence etc, and, as you say, the other two laws are moot because gaming systems already do this voluntarily.

That, however, is pretty irrelevant, since the law is not constitutional and will therefore cost the Taxpayer a fortune when the law is struck down.

So not only is it a law that would achieve nothing and cost a fortune if it is struck down, it's also a law that will achieve nothing and cost a fortune if it is passed. Either way, it's the 'little people' that are the ones that lose out in the end.

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Then again won't it sort of be a slap to their ego when they realize there are already parental controls on the newer consoles and that the ratings are on the box?

Not at all.  This is politics, where such critters frequently request stuff that is already there, save it for a later "I care about XYZ" re-election ad campaigns and basically pat themselves on the back for doing nothing.

Requesting stuff that has already been done and implemented is a great way to claim credit for the work of other companies, and it never really matters how long such features have existed before they stuck their nose into such business.

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

No wonder JT had political delusions! This sounds right up his alley. :P

 

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Be careful, he's probably stalking these comments right now. I hear he doesn't get a lot of work these days..

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Sure, there's parental controls now. But tomorrow someone could take them off.  Shame on this current session of the NY senate and shame on the voters of New York for who voted these idiots into office.  I've stopped sympathizing with the "poor taxpayers" in the states and cities whose elected idiots pass these laws. The "taxpayers" either voted for them, or did nothing (or at least not enough) and let them be elected.

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

If they took all that wasted money and put it into the Mets, they would win the World Series every year

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

like i said before, the whoas of this state come from that god forsaken city 9 out of 10 times.

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Wow....an actual reason to move from NY to NJ.

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Do we know anything about this bill?  If it declares games to be constitutionally awesome, I could get behind it. .  Jokes aside, I wouldn't think twice about it. If it has an teeth at all to it, I would expect the big 3 to have lawyers dogpiling that thing like frat boys on a drunk cheerleader.

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

I'm not worried. This will never get get to/past congress.

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Uh...read the article. It just did, and is on it's way to the governor.

 

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Wait, isn't the new governor legally blind?

You people are screwed, unless it's in brail, someone with an agenda (read: Jack Thompson) will tell him it's something that will give... I dunno, tax breaks to puppy shelters.

---You are likely to be eaten by a Grue.

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

this bill isn't in front of congress, theres a differant similar one there.

this one is a NY only thing

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

hey mr. government man, thanks for taking it one step further to help parents to NOT have to raise their children.

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Here it goes...

Re: BREAKING - NY Senate Passes Video Game Bill 61-1
So... is the Governer a smart guy or will he sign this despite the fact it will be struck down? I'm not that bothered as I'm in Scotland but it is a bit annoying as it's always bad to see governments knowingly waste money that'd be better off being spent elsewhere, like gun control or education.
Odd justification

So, Lanza's justification for making a voluntary rating system mandatory is the possibility that tomorrow, the ESRB could just decide to stop rating games.

Wow.

 

Andrew Eisen

 

P.S. - Dear Lanza,

They're called video games, not videos.  When you call them videos, you sound like you have no idea what you're talking about.

And that bugs me.

 

Sincerely,

Andrew Eisen

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Jesus christ. This Lanza guy has no idea what he's talking about, does he?

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Wow.  NY State likes to waste money.  Way to go team!  SHEESH!

Good thing there aren't any social or economic issues afoot...

-Loudspeaker
"Volume helps to get a point across but sharp teeth are better."

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

we love it so much in fact thats why we're always in debt, and never near being out.

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Unfrickingbelievable.

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

thank god I live in Detroit....

 

 

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Wow, I never thought I'd see anyone say that...

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

I live in the D as well, so I feel I have some perspective.  Mr Big is going through a bit of shock that something like this could happen in New York, as am I.  It's also summer here, which means that the metro Detroit area temperature is almost tolerable.  This is the same sort of thing that happens at the beginning of every winter, when snow covers the entire state and makes even Harpos look clean.  Cleanish, anyway.

Rest assured, he will snap out of it and go back to the sort of simmering anger and contempt that most of us Detroiters spend our time in.  The mystery yet unsolved is why more of us don't choose to move, but I suppose that's a topic for another day, another forum.

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

First New York, then the world... By the way, where´s Jack Thompson claiming this is all his work behind the courtain? He is late...

---------------------------------------------------------------------------- The cynical side of videogames (spanish only): http://thelostlevel.blogspot.com/

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

"This simply says that every video game sold in the state of New York simply should have a rating consistent with what the ESRB does presently in a voluntary way... it does work. But the problem with "voluntary" is that tomorrow someone can change their mind. Someone could decide tomorrow to no longer place ratings on these games. "

OMG! Either the depth of his stupidity is amazing, or he is the most cunning and lazy man on this planet. He just got paid by taxpayers to fix something that wasn't broken, and was a complete non-issue.

What's on his agenda tomorrow, passing legislation to make sure the sun rises?

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Some pinball games are real art, just like some other games.

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Wait...did he imply that he thinks that all games have the artistic value of a pinball machine?  Ugh, as a gamer who delights in the visual and story telling advances of the past 10 years I am saddened and apauled.

My biggest concern is that this legislation is aimed only at video games.  Movies have a voluntary rateing system, shouldn't this bill cover them too?  What about books?  We've never had a rateing system on books!

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Besides, he's wrong and being a douche about it.  Pinball machines are art as much as any other artistic creation; how ironic that video games have apparently clawed their way up to "speech" status while leaving pinball in the dust.  If I want to make a pinball game where you knock balls into exposed orifices, it's my constitutional right to do so.  Better yet, why not a political-satire pinball game where you smash a ball into 61 targets in a legislative chamber?  Hmm...

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Hey, call it "vote with your balls" and you've got a great idea there man.

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

 

>My biggest concern is that this legislation is aimed only at video games.  Movies have a voluntary >rateing system, shouldn't this bill cover them too?  What about books?  We've never had a rateing >system on books!

 

LIRB:The Literary Ink Rating Board

All books being sold in the state of New York must be rated by the LIRB.  Having a book rated by the LIRB takes approximately 6 months, and costs less than 20,000 dollars.  The LIRB requires you to send the worst passages of text in the book to the LIRB.  We then wait five months, and spend the next month looking at the cover of the book and pretending to read the passages of text you gave us.  We then pick a rating out of MNA (Minitrue Not Approve)  MAFDC (Minitrue Approve for Developing Citizens) MAFAC (Minitrue Approve for All Citizens) MAFA (Minitrue Approve for Adolescents) and MABNFDC (Minitrue Approve But Not For Developing Citizens).  All books must use the entire bottom left quadrant of their cover displaying the LIRB rating.

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Im dissapointed but not surprised.  These idiots in New York are more concerned with Video Games than the violence thats going on outside.  I could my dog in office and he'll do better than these morons.

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

You hear that?  *whizzzzzzzzzz*  That's more taxpayer dollars pissed down the drain!

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Actually it makes more of a *swooshsloshslurp* sound. :)

E. Zachary Knight
www.editorialgames.com
Oklahoma City Chapter of the ECA Myspace Page

 

The Feds don't care about the Fourth Amendment
Why should states care about First Amendment rights? Hell, why should they restrain themselves from doing anything that would potentially harm civil liberties if its for the sake of political gain? State censorship means they can run ads saying they are taking a bold stance to protect children. Repealing the Fourth Amendment means they're doing all they can to stop terrorism at home and abroad. Getting rid of the Second Amendment means they're protecting our children from dangerous weapons. Taking away our right to vote means they are keeping morons from ruining the democratic process. etc.
Re: BREAKING - NY Senate Passes Video Game Bill 61-1

At leest tha edgamacation cistem iz wurkin an vydio gamz ar tha mos impokunt problum.

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Wait...  Don't the games already have to be rated?  What the hell?

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

I wonder. what part of "cannot give esrb force of law" and "if it's not rated, it's not sold by big box stores" does this law maker not get?

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

IS THIS A GREAT FREAKING COUNTRY, OR WHAT?!  JACK THOMPSON, ATTORNEY AND YOU'RE NOT.  HOOAH!

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

YES IT IS!  For the most part.

Now please stay on topic.

 

Andrew Eisen, BHS 2007 International Chorus Gold Medalist and You're Not

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Yeah, but you don´t have anything to do with that law, because you are a failure.

---------------------------------------------------------------------------- The cynical side of videogames (spanish only): http://thelostlevel.blogspot.com/

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

I really want to see a GP reader who IS an attorney tell you that that bit doesn't work.

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

1. This is the same thing you've said about all the other unconstitutional bills passed which, being unconstitutional, were shot down.

2. It doesn't actually do anything that isn't already done, it's just a waste of taxpayer's money.

3. Please refrain from using "Hooah!" as it is used by the Army, and is probably insulting to them when used by someone as deranged as yourself.

4. Once again, you're not the only attorney who posts on this site, and soon you won't be one at all.

5. Every list needs a five.

6. Stop posting in all caps. It makes you seem like a two year old.

Jack Wessels, 17 year old who makes funnel cakes at his Summer job all day, yet is more intelligent and mature than a 56 year old soon to be ex-attorney. Hoo-fucking-ah.

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

please, you are shaming acual lawers who currently have a licence.

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

*yawn*

 

Look for this to be ruled unconstitutional soon.  The ESRB is not a governmental agency, ergo cannot be forced to rate jack shit.

Yes, but the real crime is...

Will enough people in New York be angry enough to get these politicians to actually reveal what their reasoning is, despite the buckets of illogic that just happened today?

Citizen apathy is just as bad as politicians passing laws that make them feel like they somehow contributed to society, when in fact, they did not.

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

wow act your age thompson. maybe this site is better suited for your mind and age.

www.4chan.org

 

go troll there faggot.

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Just to note people, this one might ACTUALLY get past the judicial system this time. The reason why is that they aren't blocking people from buying or selling games, merely making it mandatory that they have a rating on them instead of voluntarily.

Now as to the point of not being able to give the ESRB ratings the force of law, if I was reading the argument stated above correctly, this isn't mandating the ESRB rating, simply a rating. They could potentially make up their own, government sanctioned rating system and force all games to be rated by that. Mind you that would accomplish nothing but flushing millions of taxpayers dollars down the drain and probably make games sold in New York a few dollars more expensive, but hey, that's not important. The only important thing is that they look like heroes in the papers and have some feel good accomplishments to note when re-election time comes.

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

But are movies required to have ratings?  No.  Are books required to have ratings?  No.  The sheer hypocricy of this bill coming down on one form of media and not the others will likely bring the end to this bill.

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Mandatory ESRB rating = Violation of Fifth Amendment

Mandatory Government rating = Violation of First Amendment

 

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

First, not saying it isn't hypocrisy, just noting that it might not be a violation of the first amendment.

And why would a mandatory government rating be a violation of the first amendment? They aren't banning it, or prohibiting either its making or sale at all, merely requiring the content to be clearly labeled (once again, this is neither neccesarry or fair to the game industry, but sometimes, that's life). Lot's of things are required to be clearly labeled, mostly for health and safety reasons. I could definitely see a good lawyer (i.e. someone who isn't Jack Thompson) making a good argument that noones rights have been abused in any way by this law.

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Oooh silly politicians, won't you ever learn? I guess the ESA will be collecting their lawyer's fees in less than a year and NY Taxpayers will be footing the costs...again. Bringing their record of unconstitutional laws being struck down up to 10 out of 10.

(Ponders if this would still happen if politicians were held financially responsible for unconstitutional garbage like this bill.)

 

"If we take an old-fashioned pinball machine and plunked it down here in the middle of the chamber, no one would call it speech."

The problem that I have with the statement, is that the NY Senate would just smile and nod without thinking of the repurcussions of their actions. It's worrying that Lanza could easily replace 'pinball machine' with any type of medium. "Book, Piano, Rock and Roll, Dungeons and Dragons, Heavy Metal, Rap, Painting Canvas, etc etc." It's nothing new to politics, of course, it's just generally worrysome that this Bill was passed without a blink of the eye or a lodged complaint or disagreement from anyone that voted on the bill. 

(All of this leaves me wondering if the general public would have even ever known about the bill, even if it were much much worse, or a total ban...would people even care until it was far too late? What if the ESA and ECA weren't there to advise folks about the situation? Could other things be taken away with such alacrity and stealth? )

Anyway,  I'm not usually one to be picky about comparisons, but anyone who says that pinball machines don't deserve the same protections as other mediums should be called out. Pinball machines are art, and should have the same protections as any other form of art (even commercial art). They also have the potential to be a medium for political speech. The idea that because they never have been used in that manner does not mean that they would never have the capacity.

 

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

"Nobody says we're banning freedom of speech, just.. pruning it a little."

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Industry sues in 3, 2, 1.

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

When will these people learn? In the end, it's all up to the parents and what THEY think is appropriate for kids.

Of course, parents today aren't the smartest group of people in the world. Somewhere along the way, parents were hypnotically implanted with the desire to let the government raise their kids, and this is the result.

I'm brought back to the hypothetical question of what would Frederic Wertham say if he were alive today. Today, his sensationalist propeganda would probably be struck down in a matter of seconds. Don't worry, in a couple years, video games will be swept under the rug when the popular trend become fake Death Notes.

---You are likely to be eaten by a Grue.

.....

Yep. It's kinda scary actually. The industry has done everything to satisfy these lazy bitches with ratings, content discriptors, encouraging rating enforcement, and they never stop!!! They just can't seem to pay attention to their own children, so they demand that the government do it for them, and along the way, the parents who actually pony up with some effort are slowly being forced to cede control of their households to a fucking nanny state. Germany comes to mind.

 

 

-If shit and bricks were candy and tits, we'd all be livin' large. For information on games and psychology, look up: Jonathan Freedman(2002)Block and Crain(2007)Grand Theft Childhood, a book by Harvard Medical School researchers Larry Kutner and Cheryl Olson

YAY LAZINESS!!!!!!!!!

COOL! Thank you government, now I can just have baby after baby and not have to take care of them!! The government'll do it for me!!!!!

-If shit and bricks were candy and tits, we'd all be livin' large. For information on games and psychology, look up: Jonathan Freedman(2002)Block and Crain(2007)Grand Theft Childhood, a book by Harvard Medical School researchers Larry Kutner and Cheryl Olson

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Question, would there be a legal way to prevent people from attempting to pass such laws short of a consituinal amendment?

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Probably not, this IS Bush's America after all. If there WERE such a law, then Nancy Grace would have been sued for libel a LONG TIME AGO.

---You are likely to be eaten by a Grue.

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Can somebody please explain how a president invoking Article 2 constitutes as oppression? Especially by European standards?

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

I want to see someone acctualy do that with a pinball machin, just to prove a point that it is speach.

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Well, they can't have their cake and eat it, either the message in adult games are 'wrong' and they need regulating by law, or there is no message, and hence no speech, it cannot be both.

The whole reason for regulating a game medium is because of the 'adultness' of its content, of the message it portrays, you can't use the excuse that it doesn't portray a message in order to put restrictions on who can hear the message it doesn't present...

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

This bill does not prohibit the sale of any video to anyone.

Unless you don't get an ESRB sticker, and then it's prohibited... Hmmm....

Compelled speech, the contents of which are determined by a non-goverment (ie unaccountable) entity, unconstitutional. NEXT!

-- If your wiimote goes snicker-snack, check your wrist-strap...

Johnny Bruce wannabes?

Could we get at least an IP confirmation in GP red *yes or no, not actual IP* I know, I know... he sometimes (or always) uses a "proxy" /////

Re: Johnny Bruce wannabes?

Anyone who impersonates JT should be kicked off.

-If shit and bricks were candy and tits, we'd all be livin' large. For information on games and psychology, look up: Jonathan Freedman(2002)Block and Crain(2007)Grand Theft Childhood, a book by Harvard Medical School researchers Larry Kutner and Cheryl Olson

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

First 9/11 and now this!

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

So... what? If the ESRB shuts down, what then? Does New York foot the entire bill for the ESRB's continual existance should they ESA go bye bye? Or do they blacklist games from then on out? Will it only be legal to sell import games with PEGI rattings? (Or whichever ratings you wouldget with your imported media?) Maybe the nation of orgin will have to rate the games, so we have ratings from PEGI and BBFC games next to the CERO rated games(without local input) and all US game publishers are banned from selling in the state?

Have you killed off all indepentant publishing for the computer? Can I no longer peddle freeware and shareware from a kiosk or dedicated computer store? (Sure they died out a while ago but that is not the point.)

And what is this "consistent with what the ESRB does presently in a voluntary way"? Does that mean if they refuse to rate something you will compell them to? If someone self-rates a game or another rating board pops up, they are bound by this law to sticker games the same age groups as the ESRB?

Or is this to say that the 16 member panel will give NY-GameRating stickers, and as long as the ESRB is around, they will rubber stamp the same rating? Since New York should have it's own rating consistant with the ESRB. Man so many ways to take his speech and come out with bad scenarios...

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Does anybody have the text of this bill? I've looked at the text for A11717 referenced in the previous story and it says:

       S  612.  Sale and rental of VIDEO GAMES AND films. 1. No person, part-
     nership or corporation shall sell or rent at retail or attempt  to  sell
     or  rent at retail a VIDEO GAME OR film unless {the} A VIDEO GAME rating
     {of} OR the RATING OF THE motion picture from which {it}  THE  FILM  was
     copied  is clearly displayed on the outside of the case, jacket or other
     cover of the VIDEO GAME OR film.
       2. This section shall not apply to a "mail order business" as  defined
     in  section  three  hundred  ninety-six-m of this chapter or to any film
     which is a reproduction of a motion picture, concert, musical production
     or other video event, OR ANY VIDEO GAME, which  has  not  been  given  a
rating, nor shall it apply to any motion picture OR VIDEO GAME which has
been altered subsequent to receiving a rating
.

It would appear the requirement is not that all games be rated by the ESRB, but rather that games which have been rated must display the rating on the outside of the game's box. Although I still believe such a provision should be struck down on the grounds that it's compelled speech, it's not as bad as if all games were required to carry an ESRB rating.

What bugs me about this bill, apart from the fact that it appears entirely useless in light of current practice, is my feeling that console manufacturers should not be required by law to include technological measures against constitutionally-protected content, and that video game publishers should be allowed to sell previously rated games as unrated. We're not talking food labeling here; we're talking about labeling speech. Can you imagine if comic books that once carried the Comics Code seal were required forever to carry that seal? I think it would be deemed... unconstitutional.

Pointless

Wow. Now it seems even more redundant.

-If shit and bricks were candy and tits, we'd all be livin' large. For information on games and psychology, look up: Jonathan Freedman(2002)Block and Crain(2007)Grand Theft Childhood, a book by Harvard Medical School researchers Larry Kutner and Cheryl Olson

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Oh, so if tomorrow the publishers all decide to stuff the ESRB system and release their games without ratings...

Hold on a second. Isn't that already happening with movies today? When was that precedent discussed during this debate?

And another thing I hadn't thought of when I commented on the earlier story today: New York state has absolutely no authority to dictate that consoles - manufactured by international companies not based in New York - have parental controls on them. Neither can they give a voluntary rating system force of law by requiring it to exist.

If they want to form that 16-person panel, fine. Just leave the BS at the door.

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

@ Adrian Lopez:
I was going on the senator's words with what I just said. Probably a bit out of place in regards to the ratings "requirement".

Still, I think we can all agree that most of that legislation is pointless. The current system works perfectly fine. Hell, the ESRB rating system works better at point-of-sale than the MPAA system!

These politicians are blind.

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

So, pinball on a screen is "speech" now, huh?

Intiuging.

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

So you are arguing that media(TV,radio,music,film,games) is not a form speech?

I is fuzzy brained mew =^^=
http://zippydsmlee.wordpress.com/
(in need of a bad overhaul)

 

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

I wonder what the New Yorkers are thinking now?

"Oh dang another politician after videogames...now wheres the ESA and their subpoena? Oh wait there it is!! Oh dang...goodbye tax dollars "

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

 Geez...who is voted for these idiots to vote on our rights? Why does ANYTHING video game related seem to be an issue more than actual serious stuff? Wow...

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

thats the price of government when it starts involving itself in the daily lives of the people.

 

I is fuzzy brained mew =^^=
http://zippydsmlee.wordpress.com/
(in need of a bad overhaul)

 

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

I see this as being a waste of tax payer money and senatorial time... but I really don't see where a problem is here. Yeah, most of the things are already in place; ratings, parental controls (The PS2 had parental controls, in case anyone forgot.), etc., but nothing is being infringed here! No gamer's rights are being cramped on, it's really just an official movement on psuedo-official policies. And I don't really find it much of a pain to take my wallet out and flash my ID to buy a game.

Now, the ridiculous simplification of video games as a legitimate media form is offensive. I don't see how--in cases like MGS4 and GTA4--practically interactive cinema experiences can be compared to a pinball machine.

If you ask me, he doesn't even need to bring up the point of infringement of any constitutional rights because these measures really don't touch on the first amendment! No one is being censored, no one is having their product restricted. That said, if it does end up that whatever measures instituted would unfairly throw the AO-rating (AO Ranting below) on your average M-rated game

In agreement to him, though, I do feel we need to take better care of kids, and have more teacher/parent relations in schools... What the hell ever happened to the PTA, anyway?

And my AO Rant. I'm sure it's been thrown around, but the parent companies of Wal-Mart, Best Buy, Gamestop, etc, really need to pull that stick out of their arses on AO games. Here's a thought: Carry them. And check an ID at the register. It's an inconceivable concept, apparently; one that has been used by the seediest of seedy adult film stores of the universe.

Maybe I'm one of the few gamers who doesn't mind pulling her ID out to buy a game, maybe I just don't think kids should get to watch the hooker or stripshow scenes in GTA--however entertaining I might find them, but I'm an adult who's more or less numb to the concept and acts of them.

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

The reason people are so pissed off is because of concerns for indy developers and that this is compelled speech. Then of ourse there's the "slippery slope" arguement (which sucks ASS!!!!). People are worried that this is the first step towards a nanny state.

 

-If shit and bricks were candy and tits, we'd all be livin' large. For information on games and psychology, look up: Jonathan Freedman(2002)Block and Crain(2007)Grand Theft Childhood, a book by Harvard Medical School researchers Larry Kutner and Cheryl Olson

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

First step?

Take a look at the flannel skirts the officials in power are wearing honey we are in a nanny state, we are just lucky they have yet to run out of drink and pills, once thats gone they'll be bullying us because they have nothing else to do.

I is fuzzy brained mew =^^=
http://zippydsmlee.wordpress.com/
(in need of a bad overhaul)

 

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Its not so much the retailers its the family/mass market focus that makes the console makers say we need no AO, so we ban it.

I is fuzzy brained mew =^^=
http://zippydsmlee.wordpress.com/
(in need of a bad overhaul)

 

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

And the gears of solyent green grind and churn for another bill has been served to the witless masses....and they cheer for they feel protected while eating their own...
Ah government...its whats for dinner....

I is fuzzy brained mew =^^=
http://zippydsmlee.wordpress.com/
(in need of a bad overhaul)

 

Voluntary is how it works right

I don't have time to read the responses, but I wanted to point this out.  The Senator got it backwards.  Being "voluntary" is how it's been so successful.  The ESRB is a private organization, free of government influence (mostly).  The government isn't the ones saying what is age appropriate on the back of the box.  BUT, if you make it a law that it must be there, then what happens if the ESRB decides to shut down their doors?  It's their right as an organization to just go, "I quit."  Pass a law that it must exist, however, then you must either fund it (and thus open the door to "stipulating" how the money is spent and vying for governmental oversight of the ratings), or you must replace it (and thus create a government run ratings system that essentially controls the pulse of the gaming industry).

This REALY needs to be struck down.

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

HAHAH hilarious if it wasnt such a waste of money!

SO they want ratings on all games. Even though i havent seen a game without a rating in over 10 years...

and parental controls on all new consoles... that all have parental controls already...

 

ok... whats the point of this again?

 

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

@Novablack

To piss tons of money down the drain?Just a guess.

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Feel good save the children video game bill.
$40,000

Legal Fee's defending it in court.
$1,200,000

Creating Jobs for 16 cronies and yes men.
Priceless.

 

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

"a piece of legislation that I think will go a long way in allowing parents to make good decisions in regard to what is and what isn't appropriate for their chidlren"

I didn't know legislation was required in order to allow parents to be good parents.

 

-Mike out.

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Dumbing down America one parental responsibility at a time.

The same could also be said for free thought but eh, that opens a can of worms i'm not willing to defend

Re: BREAKING - NY Senate Passes Video Game Bill 61-1

Remember to hold your hands in the air and scream as we all slide down the slippery slope.

Once the ratings are no longer voluntary, then they will say that it should be a government board that determines the rating. Then there will be a kerfluffle about some game that a senator doesn't feel got rated high enough, and the rating will be even stricter. Then they will determine that they need to rerate some of the older games that went through under the old regime to make sure the standards are current. Then a ton of M rated games will be rerated as AO and get pulled off the shelf.

The only thing we can hope for is that it takes so long for this to happen that gamers start to get elected to congress.

I need help!

Fellow angry gamers!Who do I blame!?!?Liberals or Conservatives!?!?!?!?!??!?

Or is it just Liberals?Or maybe a load of Republicans?WHO DO I BLAME?!?!?!?!?!?

Re: I need help!

Liberals. The New England states tend towards liberalism. The governor of New York certainly does.

Re: I need help!

I blame the people who don't do their research.  Being Liberal or Conservative doesn't make you less stupid when you start writing bills about things you know nothing about.

Nevermind

Gosh damn Reublicans!

Reagen would be sick if he was still alive.

Re: Nevermind

And How! RINOs FTL

Re: Nevermind

Reagen was a meat puppet just like Bush, only he had beter writers and was use to acting as people smarter than him.

I is f