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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Michael ChandraYou want a debate? Build a wall between you and the poisoned well. Make clear you despise it, despise the behaviour. Then get into the other issues you are troubled with, and don't say a single word again about the poisoned well.09/19/2014 - 3:46am
Michael ChandraAnd someone claiming #notyourshield was to be taken serious, when chatlogs show they wanted it going to hide even more harassment behind? Yeah, not buying a word you're saying. You poisoned your own well.09/19/2014 - 3:45am
Michael Chandraallegedly fired over giving a game a mediocre review and the company threatened to pull ads? Sorry but I ain't buying this.09/19/2014 - 3:45am
Michael ChandraBut people arguing this is horrible and just about ethics, even though there's very little support that journalistic integrity was actually violated here, while they never spoke up when a journalist was09/19/2014 - 3:43am
Michael ChandraIf people start with condemning the way GamersGate was used as a misdirection, then use a better hashtag, that would work in convincing me they mean it.09/19/2014 - 3:43am
Andrew EisenOoo, this one came down to the wire! https://www.kickstarter.com/projects/749082525/nefarious09/19/2014 - 1:03am
Andrew EisenI don't doubt that many are truly interested in journalistic integrity. The problem I'm often seeing is they seem to have no idea how or where to talk about it.09/18/2014 - 11:46pm
Andrew EisenDidn't word that well. Busy at work. I've seen people claim that GamerGate is solely about ethics and transparency in games journalism and then go on to show that what they're really after is silencing those who talk about gender issues in games.09/18/2014 - 11:45pm
Kronodebate. Becaus apparently people who only post on Reddit are supposed to police twitter before they're allowed to question anything about the people involved.09/18/2014 - 10:40pm
KronoI highly doubt many, if any are using journalistic integrity as a cover for harassment. The people harassing are essentially trolls. They aren't interested in subtle. More often it's othe other way around. People use "but X is being harassed" to shut down09/18/2014 - 10:38pm
Andrew EisenAnd exacerbating everything is the fact that all the cries of ethics violations have been obnoxious and easily proven false.09/18/2014 - 8:59pm
Andrew EisenProblem is, I would imagine, the sheer number of people who are using journalistic integrity as a cover for their harassing actions or only bringing it up on the false pretense of journalistic integrity.09/18/2014 - 8:47pm
Andrew EisenHaving said that, I can certainly see how one would be frustrated if they truly just wanted to talk about journalistic integrity and someone said they were one of the people harassing Sarkeesian, Quinn and others (though I've seen no examples of that).09/18/2014 - 8:44pm
KronoThat's been the common refrain, that talk of journalism ethics is just an excuse to harass people.09/18/2014 - 8:44pm
KronoLines like "like a partial compromise with the howling trolls who’ve latched onto ‘ethics’ as the latest flag in their onslaught against evolution and inclusion." are taring everyone questioning the ethics as a harasser.09/18/2014 - 8:43pm
Andrew EisenKrono - Except, none of the articles were talking about gamers complaining about journalist ethics, let alone called them white male misogynists. They were talking about the gamers who were harassing others.09/18/2014 - 8:36pm
Kronomakes plenty of sense. It's rather hard to dismiss someone as a white guy running a sock puppet when they've posted proof they're a woman, or black, or another minority.09/18/2014 - 8:32pm
Kronothat any critics of journalists were white guys that hated women, and could be dismissed as such. It seems to have helped some. It's kind of difficult to maintain the white guy narrative in the face of a bunch of women and non-white guys. So the tag09/18/2014 - 8:32pm
Kronothat, someone vented on a #gamergate 4chan thread about being dismissed like that. The suggestion they got in return was to organize their own hashtag in response, with #NotYourShield being suggested. Thus the tag came into use to combat the undercurrent09/18/2014 - 8:32pm
Kronomuch more general problem. And while several of the articles were fairly tame, they spured a bunch of people to dismiss any critics of the journalism involved as misogynistic men. Usually with insults aimed at the geek stereotype. After about a week of09/18/2014 - 8:32pm
 

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