NC Senator Failed at Legislating Content, Now Proposes a Tax Break for Developers

March 11, 2009 -

An interesting legislative turnabout is underway in North Carolina.

A state senator who twice in the past introduced bills designed to restrict the sales of mature-themed games to minors has now proposed that the state offer financial incentives to game developers.

Yesterday, Sen. Julia Boseman (D) introduced S525, a new bill that would permit game developers to take advantage of a tax credit of up to 15% for qualifying expenses.

While the measure does not restrict M-rated games as did an earlier proposal in Oklahoma, it does preclude material which qualifies as "obscene" under North Carolina law:

Limitation. – No credit is allowed under this section for qualifying expenses with respect to digital interactive media that contain material that is obscene, as defined in G.S. 14-190.1.

In past sessions, Sen. Boseman introduced bills designed to restrict sales of mature games to minors in 2005 and 2007. Both measures failed to pass.


Comments

Re: NC Senator Failed at Legislating Content, Now Proposes a

I don't believe her stance here is inherently hypocritical. The view that violent video games shouldn't be sold to minors isn't incompatible with generally encouraging game development within your state. Even E-rated games are damn good for your economy.

www.gameslaw.net

Re: NC Senator Failed at Legislating Content, Now Proposes ...

I remember that after I commented yesterday about politicians abondoning their stated principles due to the bad economy, somebody, after calling me a troll, asked me what I based my assertion on. I was pissed, so I didn't answer them then. I would just like to say now, case in fucking point.

---------------------------------

Internet troll > internet paladin

-------------------------------------------------------- Believe in something! Even if it's wrong, believe in it! GET OFF MY PHONE! -Glenn Beck

Re: NC Senator Failed at Legislating Content, Now Proposes ...

Considering obsene material is already (by definition) illegal, what is the point of exluding it?  That is a bit like saying 'we will give tax breaks to photography studios as long as they don't make kiddy porn' or 'we will give tax breaks to horror movie production as long as actors are not actually murdered for the film'.

Re: NC Senator Failed at Legislating Content, Now Proposes ...

It makes sense to add the exclusion. It may be illegal to sell the content, but if they do not specify that producers of said content are inelligible from the beginning, they cannot legally deny incentives to producers of such content.

E. Zachary Knight
Oklahoma City Chapter of the ECA
http://www.theeca.com/chapters_oklahoma

Re: NC Senator Failed at Legislating Content, Now Proposes ...

So wait, they're allowed to produce it but not allowed to sell it? o_o

Re: NC Senator Failed at Legislating Content, Now Proposes ...

Most states have laws regulating the production of obscene material. I just felt that it is necessary to include those provisions.

In Oklahoma the movie tax incentives apply for all movie productions except for those that fall under illegal or obscene standards as defined by law.

It makes sense to not want to be seen as supporting illegal activity in any way.

E. Zachary Knight
Oklahoma City Chapter of the ECA
http://www.theeca.com/chapters_oklahoma

Re: NC Senator Failed at Legislating Content, Now Proposes ...

So, could one still qualify for a tax break if one produced legal pornography?

Re: NC Senator Failed at Legislating Content, Now Proposes ...

It depends on your definition of "pornography". Nudie pics aren't legally obscene, but they could be seen as pornographic....
Speaking to the rest of these comments, obscenity is not in and of itself illegal--although it may be regulated. A state may never prohibit ownership of obscene material by adults (with exceptions like child porn), but it may drastically limit production, distribution, etc.

www.gameslaw.net

Re: NC Senator Failed at Legislating Content, Now Proposes ...

AS long as it is not considered obscene under the states obscenity laws and meets all other requirements, yes.

E. Zachary Knight
Oklahoma City Chapter of the ECA
http://www.theeca.com/chapters_oklahoma

Re: NC Senator Failed at Legislating Content, Now Proposes ...

Ah, that answers my question, "what is obscene?" The illegal stuff, okay. What a silly addition.

Re: NC Senator Failed at Legislating Content, Now Proposes ...

Inconsistant is right. Question is: Would you call it hypocrisy, or repentence?

Re: NC Senator Failed at Legislating Content, Now Proposes a

Actually, her prior legislations didn't "fail".  They were just never given the unneccesary time to be looked over and she knew there were more important things on the agenda, so they were never pushed for.

Also, remember that a certain someone claimed to have drafted at least the first version of those prior bills.  And, who knows, maybe they did the second but seeing such bills fail, didn't want to own up to it.

Also, the restrictions on this new bill seems out of place with her stance on similar incentives for the movie industry in NC.  Another senator opposed tax incentives for development of movies that contained certain content and Senator Boseman opposed those restrictions.  Yet, here, she supports them.  I emailed her some time back asking her about the interview in which she opposed restrictions to the movie industry incentives, but hadn't heard back.  Perhaps this is why. 

Her inconsistant stance is rather mind numbing.

Nightwng2000

NW2K Software

Nightwng2000 has also updated his MySpace page: http://www.myspace.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl

Nightwng2000 NW2K Software http://www.facebook.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl
 
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Adam802http://www.polygon.com/2014/4/18/5627928/newtown-video-game-addiction-forum04/18/2014 - 4:14pm
Matthew Wilsonit is a video talking about why certain games/products/consoles do well, and others do not. he back it up with solid research.04/18/2014 - 3:56pm
Andrew EisenI'm not keen on blind links. What is it?04/18/2014 - 3:45pm
Matthew Wilsonthis is worth a whatch https://www.youtube.com/watch?v=MyXcr6sDRtw&list=PL35FE5C4B157509C904/18/2014 - 3:43pm
MaskedPixelanteNumber 3: Night Dive was brought to the attention of the public by a massive game recovery, and yet most of their released catalogue consists of games that other people did the hard work of getting re-released.04/17/2014 - 8:46pm
MaskedPixelanteNumber 2: If Humongous Entertainment wanted their stuff on Steam, why didn't they talk to their parent company, which does have a number of games published on Steam?04/17/2014 - 8:45pm
MaskedPixelanteNumber 1: When Night Dive spent the better part of a year teasing the return of true classics, having their big content dump be edutainment is kind of a kick in the stomach.04/17/2014 - 8:44pm
Matthew Wilsonhttp://www.giantbomb.com/articles/jeff-gerstmann-heads-to-new-york-takes-questions/1100-4900/ He talks about the future games press and the games industry. It is worth your time even though it is a bit long, and stay for the QA. There are some good QA04/17/2014 - 5:28pm
IanCErm so they shouldn't sell edutainment at all? Why?04/17/2014 - 4:42pm
MaskedPixelanteNot that linkable, go onto Steam and there's stuff like Pajama Sam on the front-page, courtesy of Night Dive.04/17/2014 - 4:13pm
Andrew EisenOkay, again, please, please, PLEASE get in a habit of linking to whatever you're talking about.04/17/2014 - 4:05pm
MaskedPixelanteAnother round of Night Dive teasing and promising turns out to be stupid edutainment games. Thanks for wasting all our time, guys. See you never.04/17/2014 - 3:44pm
Matthew WilsonAgain the consequences were not only foreseeable, but very likely. anyone who understood supply demand curvs knew that was going to happen. SF has been a econ/trade hub for the last hundred years.04/17/2014 - 2:45pm
Andrew EisenMixedPixelante - Would you like to expand on that?04/17/2014 - 2:43pm
MaskedPixelanteWell, I am officially done with Night Dive Studios. Unless they can bring something worthwhile back, I'm never buying another game from them.04/17/2014 - 2:29pm
PHX Corphttp://www.msnbc.com/ronan-farrow/watch/video-games-continue-to-break-the-mold-229561923638 Ronan Farrow Daily on Video games breaking the mold04/17/2014 - 2:13pm
NeenekoAh yes, because by building something nice they were just asking for people to come push them out. Consequences are protested all the time when other people are implementing them.04/17/2014 - 2:06pm
Matthew Wilsonok than they should not protest when the consequences of that choice occur.04/17/2014 - 1:06pm
NeenekoIf people want tall buildings, plenty of other cities with them. Part of freedom and markets is communities deciding what they do and do not want built in their collective space.04/17/2014 - 12:55pm
Sora-ChanI realize that they have ways getting around it, but one reason might be due to earthquakes.04/17/2014 - 4:42am
 

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