Video Game Industry Reacts to California Supreme Court Appeal

May 20, 2009 -

As GamePolitics has reported, California is appealing the constitutionality of its 2005 video game law to the U.S. Supreme Court. Reaction by the video game industry has been both swift and blunt.

Entertainment Software Association CEO Michael Gallagher issued a statement criticizing California's decision to petition the Supreme Court:

California’s citizens should see this for what it is—a complete waste of the state’s time and resources. California is facing a $21 billion budget shortfall coupled with high
unemployment and home foreclosure rates. Rather than focus on these very real problems, Governor Schwarzenegger has recklessly decided to pursue wasteful, misguided and pointless litigation.  

We are confident that this appeal will meet the same fate as the State’s previous failed efforts to regulate what courts around the country have uniformly held to be expression that is fully protected by the First Amendment. California’s taxpayers would be better served by empowering parents and supporting the ESRB rating system.

Meanwhile, Sean Bersell (left), VP of Public Affairs for the Entertainment Merchants Association, forwarded a statement to GP:

It boggles the mind that, on a day when the state of California finds itself in the worst fiscal crisis it has ever faced and is considering massive layoffs of teachers and cuts to public services, the state would choose to waste tens of thousands of dollars on pursuing this frivolous appeal.

This law was found by two lower courts, relying on long-established legal precedents, to be unconstitutional as an infringement of the First Amendment. There have been eight similar laws enacted around the nation this decade and every single one has been found unconstitutional on similar grounds. There is no reason to expect a different outcome in the Supreme Court.

So far, this case has cost the state of California approximately $400,000 just in legal fees and court costs that it has had to pay the plaintiffs. This doesn’t even include the state’s legal fees and costs. And if this appeal is unsuccessful, as it will be in all likelihood, the state will owe the plaintiffs even more in legal fees and court costs.

The taxpayers of California should demand that their elected officials stop wasting precious tax dollars on this quixotic quest.

Both the ESA and the EMA (under its former name VSDA) are parties in the California case. The EMA maintains a web page listing background on VSDA v. Schwarzenegger.

Comments

Pawnshops New England

Hi,

   The editorial was pulled off the Web site a little before noon on Wednesday — with an editor’s note claiming it was a “draft” and was mistakenly posted online. (More on that later). But I grabbed the original editorial before it was pulled, and it warrants examination.

Pawnshops New England

Re: Video Game Industry Reacts to California Supreme Court ...

I think Schwarzenegger has really messed up with the state of California. I think he needs my cooking games so as to renew his zest for good things in life.

Re: Video Game Industry Reacts to California Supreme Court ...

Don't you guys see, this isn't a waste of money at all! This action is keeping a dozen or so lawyers, legal clerks and support personnel employed for another month. They are doing this to help the economy!</sarcasm> 

Re: Video Game Industry Reacts to California Supreme Court ...

oh good grief... do they only have 13-22 year olds posting here? As far as the cynical gripe about "think of the children"... it's obvious that as far as the prior posters go, either they NEVER "think of the children", or they're basically children themselves. I'm GLAD that the state of california is pursuing this. I wont bother detailing why, since 1. my rational arguments will be immediately flooded by children whining about "free speech" 2. it should be obvious to any rational ADULT, why this is a good thing.

Re: Video Game Industry Reacts to California Supreme Court ...

1. my rational arguments will be immediately flooded by children whining about "free speech"

2. it should be obvious to any rational ADULT, why this is a good thing.

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

1: And would your "rational" arguments consist of throwing baseless insults and wild assumptions, while simultaneously putting forward no "real" argument? That's all you've done so far.

2: I suppose the courts are just a mix up of children then? After all, they're the ones who declared it unconstitutional.

Face it, you've made no argument because you HAVE no argument and you're frightened by the idea that you won't be able to defend your views.

Re: Video Game Industry Reacts to California Supreme Court ...

 Obvious troll is obvious. Also, waste of taxpayer money.

Re: Video Game Industry Reacts to California Supreme Court ...

"My poker hand beats your poker hand but I'm not gonna show you my poker hand because . . . well, for no good reason, but I'm still not gonna show you my poker hand. So there!!"

Wow. If that's what being an "ADULT" causes you to do, I'll happily keep my Peter Pan-ass just the way it is, thank you very much.

Re: Video Game Industry Reacts to California Supreme Court ...

Look on the bright side, if that's the grand total of the mentality of those who support the bill, it's already as good as sunk.

If he was more prolific, I'd agree that it's probably yet another Thompson 'anonymous coward' posting, but I'm more inclined to think 'self-opined idiot who doesn't actually have a point'.

 

Can you imagine it?

'So, would the state of California like to state it's case?'

'Shouldn't have to, it's obvious, if you don't know why we are right, you're too stupid! Just like the other two judges, stupid I tell you! Naaa Naaa!'

Re: Video Game Industry Reacts to California Supreme Court ...

Jack, is that you?

"Go ahead and hate your neighbor, go ahead and cheat a friend. Do it in the name of Heaven, Jack Thompson'll justify it in the end." - nightwng2000

"Go ahead and hate your neighbor, go ahead and cheat a friend. Do it in the name of Heaven, Jack Thompson'll justify it in the end." - nightwng2000

Re: Video Game Industry Reacts to California Supreme Court ...

Because clearly everyone disliking these laws, including Dennis, EZK, AE and others, are children, and if you don't see the point in these laws, then you're clearly either a kid or not an adult, and not simply someone who has a different political or personal opinion about these matters.

What's that you say? You actually do have a proper point, rather than just insults and JT-like claims? Go ahead and make it then. Prove you're a real adult by standing up for yourself and fighting for what you believe in fair and square.

Re: Video Game Industry Reacts to California Supreme Court ...

Yee's law proposes an ineffectual solution to a nonexistent problem.

Forget constitutional issues.  Forget the niggling little detail that video games don't harm children.  This law would do absolutely nothing to prevent children from playing these "harmful" games.

So why are you glad CA is pursuing this?  How on Earth could this law in any way be beneficial?

 

Andrew Eisen

Re: Video Game Industry Reacts to California Supreme Court ...

In other words, 'I'm right and you're all wrong, so there!'

Yep, I can see how mature you are compared to everyone else...

 

If you have a case to make, then make it, but don't simply run in here, stick your tongue out at everyone and run off, that's the act of an immature person, not someone who is in their 30's, and that's from someone who's pushing 40.

Re: Video Game Industry Reacts to California Supreme Court ...

Actually Gamer, I would like to hear why you think this is a good thing and why you think the lower court desions are wrong and why the free speech laws don't apply to this?

Re: Video Game Industry Reacts to California Supreme Court

Better idea, if a law is obviously unconstitutional to where even these people should see it, the money to defend it is to be out of their own pockets.

Re: Video Game Industry Reacts to California Supreme Court ...

 What are the bets that Yee will respond with yet another impassioned plea to "think of the children" and that "this is the most pressing problem the state of California faces!"?

I mean hey, the children in the state don't need schools or health care facilities right?

Re: Video Game Industry Reacts to California Supreme Court ...

Other people's money is no object when you have the possibility of adding a talking point to your re-election campaign.

Re: Video Game Industry Reacts to California Supreme Court ...

Meanwhile, over at the law firm which represents the ECA and EMA, the lead partners on the case are gleefully jumping up and down and giving each other high-fives. When their exuberance wears off a bit and they've managed to compose themselves, they'll be headed over to the local Porsche dealership to place their orders.   

Re: Video Game Industry Reacts to California Supreme Court

Exactly. They should be considering ways to increase their budget, not hamper it. 

Re: Video Game Industry Reacts to California Supreme Court ...

"The taxpayers of California should demand that their elected officials stop wasting precious tax dollars on this quixotic quest."

I have.  Multiple times.  They don't seem to be listening.

 

Andrew Eisen

 
Forgot your password?
Username :
Password :

Poll

Will Code Avarice's Paranautical Activity make its way back onto Steam?:

Shout box

You're not permitted to post shouts.
prh99Rather than trying to spin it as some sort of artistic choice, they should just say they don't want to rework the engine to either decouple the mechanics or make them work at 60fps.10/23/2014 - 5:25pm
Matthew Wilsonubisoft is made to look worse now. wiiu smash is 1080p 60fps lol10/23/2014 - 5:02pm
MonteYou would think that, if GG were really about journalistic ethics, their streams would be more conerned with Shadows of mordor(a REAL controversy involing a major publisher) than with the FALSE jounralistic controversy around Quinn10/23/2014 - 4:49pm
Andrew EisenHope so.10/23/2014 - 4:45pm
Matthew Wilson@ae they may not be able to fix the capture card issue, but hopefuly they can fix the frame rate issue10/23/2014 - 4:31pm
james_fudgeso IDK10/23/2014 - 4:27pm
james_fudgeGuys I sat through a GG stream for two hours. All they talked about was ZQ. We said we were on GJP in the chat and they didn't care.10/23/2014 - 4:27pm
Andrew EisenHopefully I can find some more time.10/23/2014 - 4:26pm
Andrew EisenI'm pretty much out of time to troubleshoot this too. I won't be home until very late and the stream's Saturday.10/23/2014 - 4:19pm
Andrew EisenI guess not, although I did ask and they confirmed that they're not yet supporting my capture hardware.10/23/2014 - 4:18pm
Matthew Wilsonit wouldnt hurt to ask though10/23/2014 - 4:17pm
Andrew EisenThe problem doesn't seem to be OBS specifically, I can't get anything to work.10/23/2014 - 4:16pm
Matthew Wilsonobs has a support irc if you want help10/23/2014 - 4:15pm
Andrew EisenWhat gets me is this worked fine last year. Same PC, same capture hardware, same broadcaster.10/23/2014 - 3:58pm
Andrew EisenWish I knew where the problem was so I could fix it.10/23/2014 - 3:55pm
Andrew EisenMaybe the fact that TWC throttles my upload speed to 1 Mbps is why I've been having so much difficulty live streaming. Then again, the podcast works fine.10/23/2014 - 3:52pm
PHX Corp@Neo_DrKefka @quiknkold agreed, I think everyone needs to just STFU and play Video Games. If the behavior(between #GG and #SGG2014) continues, it's going to eventually affect the Videogame industry negatively(Lost Sales, etc.)10/23/2014 - 3:50pm
Neo_DrKefkaIn a #GamerGate Stream https://www.youtube.com/watch?v=Nd-BahVyFYQ they are too busy talking about Brianna's Wu appearance rather than her actions. Oh god our movement has become less and less about solutions and how can we can resolve these problems.10/23/2014 - 3:28pm
quiknkoldThese people are Arms Dealers selling weapons to both sides of this war, and I feel the only way anything will change is if everybody just stops. CTFO and play games.10/23/2014 - 3:28pm
quiknkoldI'm not specifically Targeting the Gamergate people on this. But There is one or two sick Freaks out there who get their jollys on this, and they are fueled by the war they are making worse.10/23/2014 - 3:27pm
 

Be Heard - Contact Your Politician