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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MaskedPixelantehttp://comicbook.com/blog/2014/08/16/exclusive-original-unaltered-cut-of-star-wars-trilogy-to-be-rele/ Yeah, this'll never happen.12/17/2014 - 5:03pm
NeenekoThey have and exercise control over which games are allowed on their privately controlled 'open forum'. Their endorsement is fairly minimal since it is only 'we do not reject this', but it is still an endorsement of sorts.12/17/2014 - 3:58pm
NeenekoHistorically there have been issues with libraries allowing some groups but not others. Perhaps 'endorsement' is too strong a word, but their editorial control IS a preapproval process, even if the standards are pretty minimal.12/17/2014 - 3:56pm
E. Zachary KnightLet's put this a different way. My local library allows any group to reserve and use multipurpose rooms. That does not mean that the Library endorses all events that take place in those rooms.12/17/2014 - 12:54pm
E. Zachary KnightValve's editorial control comes from removing problem games and accepting games to Steam. They make no claim over any games otherwise.12/17/2014 - 12:52pm
E. Zachary KnightNeeneko, It is not at all a form of endorsement. Grenlight is an open forum for game developers to pitch their game to Valve/Steam and Steam users. Does Valve have some editorial control? Yes, but not to the point that they preapprove games.12/17/2014 - 12:51pm
Neeneko@EZK - I disagree. Greenlight is built off Valve's brand. While not an explicit endorsement, it is a form of it, otherwise Greenlight would have no value over other platforms.12/17/2014 - 12:05pm
MaskedPixelantehttp://www.latino-review.com/news/exclusive-viola-davis-bags-amanda-waller-role-in-suicide-squad Latino Review says Viola Davis will be Amanda Waller. History of Latino Review says "wait for a REAL news site to confirm".12/17/2014 - 10:48am
PHX Corphttp://www.polygon.com/2014/12/17/7407869/assassins-creed-unity-glitch-broken-problems-xbox-one-patch -Facepalm- Screwup means Assassin's Creed Unity's patch is the 40GB full game on Xbox One12/17/2014 - 10:17am
PHX Corphttp://www.theverge.com/2014/12/16/7401769/the-mpaa-wants-to-strike-at-dns-records-piracy-sopa-leaked-documents Sony leaks reveal Hollywood is trying to break DNS, the backbone of the internet12/17/2014 - 10:05am
E. Zachary KnightA Game being on Greenlight is not an endorsement of said game by Valve, Steam or anyone related to Valve or Steam. Greenlight is a combined sales pitch to Steam and its users.12/17/2014 - 9:51am
E. Zachary KnightThe Life cycle of a Greenlight game: A game gets made->Developer puts it on Greenlight->Gamers vote for it->Valve decides it is worthy of a Steam release->Game is sold on Steam. While the game is merely on greenlight, it is not available for sale on Steam12/17/2014 - 9:50am
InfophileGreenlight games may in the future be sold through Steam. A game there may be "greenlit" and then sold on Steam proper, or it may not, and never actually be sold on steam. That quote refers to them selecting some games from Greenlight which they will sell12/17/2014 - 9:39am
MechaTama31"Today we’ve Greenlit another batch of 50 titles to advance through Steam Greenlight, and be offered worldwide distribution via Steam." Am I missing something here? Because it sounds like Greenlight games are sold through Steam.12/17/2014 - 9:00am
MechaTama31From the Greenlight page: "Browse through the entries here and rate up the games you want to see made available via Steam"12/17/2014 - 8:59am
MechaTama31Greenlight games aren't sold through Steam? Then what exactly *is* Greenlight?12/17/2014 - 8:58am
prh99I just wish if they are going to curate (as selective and rare as that is) for content, they'd do little for quality (like does this game actually function at all). Personally, I avoid GreenLight and Early Access like the plague because of lax standards.12/17/2014 - 1:34am
prh99EZK: My point wasn't that they are responsible for people's purchase decisions, but that their policies and criteria for approval needs some work. As far as refunds go, you know it's bad when EA has a better policy. EA, former worst company in America.12/17/2014 - 1:21am
Andrew EisenAnd 'Hatred' is back on Steam Greenlight. No comment from Valve so far as I've seen.12/17/2014 - 12:14am
Consterjames: I know what the question says.12/16/2014 - 10:26pm
 

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