Did Minnesota Negotiate Away Taking Its Video Game Law to the Supreme Court?

July 1, 2008

As GamePolitics reported yesterday, the ESA announced that Minnesota would reimburse $65,000 in legal fees to the video game industry over the state's failed 2006 "fine the buyer" video game law.

In our coverage, we mentioned that the move apparently signalled that Minnesota would not be taking the case before the U.S. Supreme Court, its only remaining legal recourse. We've got a call into the office of Attorney General Lori Swanson (left) on the Supreme Court issue, but Finance & Commerce now seems to have nailed that part of the story down:

Attorney General Lori Swanson’s decision not to appeal to the U.S. Supreme Court was “practical,” according to spokesman Benjamin Wogsland, who pointed out that the nation’s highest court takes “less than 1 percent of discretionary cases every year.”

But Paul Smith, an attorney representing the [video game industry] plaintiffs, said Monday that the state decided not to pursue the case further because of a deal that would require the attorney general’s office to pay a reduced amount in fees owed to plaintiff’s lawyers. Smith could not say what the reduced amount was, though a court filing from May 19 shows that the plaintiffs’ lawyers were owed nearly $84,000. Woglsand did not return calls Monday.

 

GP: If Paul Smith is correct, Minnesota essentially bargained away - for $19,000 plus future legal fees -  its opportunity to take its argument before the U.S. Supreme Court. Given all that the state had already invested in the case, that would seem a rather curious decision.

It would have been fascinating - and, yes, risky - for the Supreme Court to consider a video game law, especially given Justice Antonin Scalia's comments to Law of Play blogger Anthony Prestia that game legislation might be constitutional.


Comments

Re: Did Minnesota Negotiate Away Taking Its Video Game Law to

I'm all for freedom of ttnet vitamin speech and allowing rent a car game makers to put whatever they want in games, but there's one thing about this app that has me scratching my head.  Correct me if I'm wrong, but from araç kiralama the previous article araba kiralama on this I gathered that players can use Google maps in-game to find the other (real-life?) dealers in their area.  If this is the case, has travesti anyone considered what's stopping someone from using this app to actually move drugs between hands for reals?

But majority araba kiralama of their outrage araç kiralama stems from what it could DO TO children, not the content itself.  Talk to one of these people and you'll find they don't think any books kiralık araba should be banned from children.  Mention American Psycho and they talk about kiralık araç the redeeming value of using imagination to construct a story.  Reading, no matter what the content, is largely viewed as a consequenceless activity for people of any age.  The reason why I mention American Psycho is because of the content itself.  Gaming never has and likely never will have any scenes where someone has sex with a severed head.  Not gonna happen.  Yet despite this, they'll fight tooth and nail to protect their children from two boys kissing in Bully but whatever they read is harmless... yeah.

The entire arguement is kiralık oto based upon a social normality inflicted by luddites who can't figure out the controls for Halo so it's frightening and terrifying and obviously the cause of youth violence on the rise even though, in reality, it's in decline (which is actually a HUGE suprise given minibüs kiralama the economies status).  In  a perfect world, we would have parents that actually parent.  The idea of sales restrictions on media on oto kiralama any form to accomidate parental unwillingness to get involved with their child's life is the real problem to me.  Here I am, 32 years old, and being held up at a self-scan rent a car needing to show ID before I can buy a $10 M rated game all because Soccer Momthra can't be bothered to look at the crap Billy Genericallystupidson does in his free time.  It's too hard for her, so I have to suffer?

Re: Did Minnesota Negotiate Away Taking Its Video Game Law to

This strikes me as a rational decision.  If they had petitioned for the Supreme Court to hear the case, it is a near certainty that the Court would decline.  Aside from the statistical infrequency of cases being accepted, this one presents very few of the circumstances that the Court looks for when it decides whether to accept the case (I count only one: that it pertains to a constitutional rule of broad application).  Given that it would almost certainly never be heard by the Court, this settlement is like free money.

Re: Did Minnesota Negotiate Away Taking Its Video Game Law to

We need to gut shrubs cronies in the supreme court... I'd rather have those that follow the spirit of the law and the rights we hold dear than big biz shills who get there rocks off playing ultra fundie...............

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

 


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

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http://zippydsm.deviantart.com/

Re: Did Minnesota Negotiate Away Taking Its Video Game Law to

So Scalia thinks regulating real guns is unconstitutional but regulating virtual guns is a-ok.  Unsurprising, but still irritating.

I imagine it was an exercise

I imagine it was an exercise in damage limitation. They had already blown a large amount of money on this futile effort, bringing it to the Supreme court would have just extended the whole thing, costing them even more in attorneys fees.

Re: Did Minnesota Negotiate Away Taking Its Video Game Law to

So what about all the tax payers who had their money wasted? (New York, your next)


----
Papa Midnight
http://www.otakutimes.com
http://www.thesupersoldiers.com

 

----
Papa Midnight

Scalia

Keep in mind that what Scalia said was just a maybe. If presented with all the information he may decide otherwise. Also, regardless of his stance, he's only one of many Justices.

 -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 & Crain(2007)Grand Theft Childhood, by Harvard Medical School researchers Larry Kutner and Cheryl Olson

Reality/////////////////////////////////////Fantasy. Seems like a pretty thick line to me...

Re: Did Minnesota Negotiate Away Taking Its Video Game Law to

Frankly I'm kinda glad it didn't go to the Surpeme Court yet, with its recent 5-4 ruling on keeping the second amendment in Washington DC...If the 2nd amendment came close to being restricted, what's stopping the 1st from the same treatment?

Re: Did Minnesota Negotiate Away Taking Its Video Game Law to

I'm going to take this one and be thankful.  Saves tax dollars in the long run, and despite the missed opportunity to see the Supreme Court rule on VG legislation...we won't have to see the Supreme Court rule on VG legislation.

 
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NyuRenaYou nailed it James! Yikes..06/18/2013 - 1:56pm
james_fudgeWith MS willing to share with the government, an always listening device should give everyone pause.06/18/2013 - 1:37pm
james_fudgeyou can't turn off the Microphone on the Kinect and it has to be plugged in. It's not rocket science.06/18/2013 - 1:35pm
E. Zachary KnightThe Humble Bundle Guys just don't like me having money in my pocket do they? https://www.humblebundle.com/06/18/2013 - 1:12pm
E. Zachary KnightCMiner, I know that my Android camera is off unless I am using an application that turns it on. Same with the microphone.06/18/2013 - 12:38pm
CMinerCan you turn off the camera on an iPhone? Like, -really- turn it off, not just change a setting that -tells- you the camera is off?06/18/2013 - 12:13pm
james_fudgewhen they make it a requirement, yes they are06/18/2013 - 12:10pm
CMinerI just don't think Microsoft bears any more (or less) responsibility for privacy with its Kinect camera than do the makers of laptops or smartphones with integrated cameras.06/18/2013 - 12:00pm
ImautobotThe ability to operate the console without the camera is key. It's a peripheral, not directly integrated into the console, and yet it behaves as if it is. Thankfully I don't have kids, and won't have an Xbone either.06/18/2013 - 11:49am
CMinerOh, I agree that the decision to make the kinect mandatory/always listening is terrible.06/18/2013 - 11:48am
E. Zachary KnightCMiner, and the easier the provider makes to do such things, the better. The fact that the XBone will not even funtion without it plugged in and turned on in some fashion makes a world of difference from a PC Webcam.06/18/2013 - 11:38am
CMinerIt takes steps on the user's part to ensure 100% privacy (unplugging, uninstalling, putting tape over it, not putting it in the kid's rooms, etc)06/18/2013 - 11:29am
CMinerMy point is that no webcam producing company can guarantee that no one will ever ever ever be able to access video from that webcam without your knowledge and permission06/18/2013 - 11:28am
E. Zachary KnightOf course at that point, you are still opening up yourself to Windows zero day vulnerabilities and back doors that they are happy to share with the government before Windows users.06/18/2013 - 11:26am
E. Zachary KnightCminer, I don't because I wipe the OS and reinstall something more secure, Linux. Even still, just wiping the OS and reinstalling Windows fresh removes all the bloatware PC companies install.06/18/2013 - 11:26am
E. Zachary KnightI agree that the Kinect requirement of the XBone has my civil liberty senses tingling. Just another nail in the coffin for me.06/18/2013 - 11:25am
E. Zachary KnightHonestly, I wouldn't put anything with an integrated camera in my kids' rooms. You are just asking for trouble. Of course, I am not a fan of having tvs/videogames/computers in kids rooms in general.06/18/2013 - 11:24am
CMinerIn the case of integrated webcams on laptops, do you have the same concern that people at Dell, HP, Lenovo, etc might be spying on you?06/18/2013 - 11:24am
E. Zachary KnightI love awesome indie devs. Incredipede is free if you run linux! http://www.incredipede.com/linux.html Thanks @ColinNorthway You're the best.06/18/2013 - 11:23am
ImautobotMore creepy is that the Xbox Camera can see in the dark. Now we're in Buffalo Bill territory.06/18/2013 - 11:21am
 

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