ECA's Amicus Brief Filed

September 18, 2010 -

The Entertainment Consumers Association (ECA), the nonprofit organization which represents gamers in the U.S. and Canada, has filed a 44-page amicus brief in support of the video game industry (and consumers... and sanity) with the U.S. Supreme Court this evening. You can grab the PDF here.

Co-signing onto the ECA brief are such notable organizations as: the Competitive Enterprise Institute, Consumer Action, Consumer Federation of America, Public Knowledge and Students for Free Culture.

While there is a lot to sift through in this massive document, the most interesting point made on behalf of consumers is the following (taken from the arguments section):

"Video game consumers have First Amendment rights that must be protected from the state’s interference. The First Amendment protects a person’s right to choose what information or entertainment he or she wishes to receive, just as it protects a speaker’s or author’s right to speak or publish what he or she wishes to say. Stanley v. Georgia, 394 U.S. 557, 564 (1969). Without this corollary right, the marketplace of ideas would not work, as speakers and publishers would not have audiences with whom to transact."

Oral arguments for Schwarzenegger v. Entertainment Merchants Association are scheduled for November 2.

(I would like to personally thank every gamer that took the time to sign the ECA's petition. If the Supreme Court rules in favor of the game industry, it will be due in no small part to all of you.)

 

Disclosure: GamePolitics is a publication of the ECA.

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Comments

Re: ECA's Amicus Brief Filed

Does anyone know a final count on how many signed the petition?

Re: ECA's Amicus Brief Filed

As far as I know, the only thing the ECA has said in that regard is "tens of thousands."

 

Andrew Eisen

Re: ECA's Amicus Brief Filed

I don't think it matters much whether tens of thousands or tens of millions. The Court is unlikely to ascribe any weight at all to a list of petition signatures no matter the number. It's not a court of public opinion. It's a court of law to which its members -- thankfully -- aren't elected by popular vote. They're appointed for lifetime tenure. One of the intents of lifetime tenure -- at least in theory -- is to allow the Court to rise above the political fray and render decisions regardless of how popular or unpopular those decisions may be. Indeed, many of the Court's more profound decisions have been made in the face of overwhelming public opposition to those decisions (see, e.g., Brown v. Board of Education).    

 
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Which group is more ethically challenged?:

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Andrew EisenNot even remotely true.07/01/2015 - 8:59pm
Goth_SkunkIt is, if the suggestion involves taking something away from a product in order to make it better.07/01/2015 - 8:49pm
Andrew EisenOffering suggestions for improvement does not mean that the work in question is garbage or not doing fine.07/01/2015 - 8:21pm
Goth_SkunkIf their products were garbage, they wouldn't be as praiseworthy as they are.07/01/2015 - 8:08pm
Goth_SkunkAnd Andrew, I really don't think GRRM or the producers of the Game of Thrones TV show need anyone to tell them what to do to make their products better.They appear to be doing just fine on their own.07/01/2015 - 8:07pm
Goth_SkunkThe only thing not worth talking about, is what shouldn't be talked about.07/01/2015 - 7:47pm
Goth_Skunk@Infophile: It could be a reason, if I were wrong. I'm not.07/01/2015 - 7:44pm
PHX Corphttp://kotaku.com/steam-players-take-justice-into-their-own-hands-virtua-1715215648 anyone seen this, Steam Players Make Their Own Justice, Virtually Imprison Troll07/01/2015 - 7:17pm
Andrew EisenHeh, just had our (IGN's) journalistic integrity called into question over two typos on one of the Wikis (which are editable by the readers).07/01/2015 - 6:08pm
Matthew Wilson@tech this isnt the only stupid tax in recent months though. they were adding a commuter tax as well. if they continue doing crap like this, they will run in to the same issues as Detroit.07/01/2015 - 5:34pm
TechnogeekI guess we can give Chicago credit for diversifying their portfolio of corruption, although they've still got a lot of work before they retake that crown from Louisiana.07/01/2015 - 5:29pm
TechnogeekEh, cities abusing taxation power for their own game isn't really a "Detroit" thing so much as a "corrupt small town" thing.07/01/2015 - 5:29pm
Matthew Wilsonhttp://arstechnica.com/tech-policy/2015/07/chicago-netflix-customers-your-bill-is-about-to-up-9-percent/ Chicago wants to become the new Detroit so be it.07/01/2015 - 4:58pm
InfophileAnd also, she said "anyone," but she also said "probably." This means there's a subset for whom the "you shouldn't write it" doesn't apply.07/01/2015 - 4:47pm
InfophileGoing back a bit: "As I believe there is no justification, there is no reason for me to continue reading." - One reason to read might be to find out if you're wrong about there being no justification for it.07/01/2015 - 4:45pm
Andrew EisenRead it here: http://www.zenofdesign.com/getting-diversity-to-speak/07/01/2015 - 4:42pm
Andrew EisenFormer Bioware dev, Damion Schubert, offers an interesting thought on diversity in the industry. Not only is it important to have, it's important to make sure they feel comfortable offering their perspective.07/01/2015 - 4:40pm
Andrew EisenHeh, I did consider it!07/01/2015 - 4:37pm
Craig R.Aww, video gamer players wasn't an option for the poll?07/01/2015 - 4:33pm
KaylaKazeI think the problem here is certain people don't know what "shouldn't" means, even after it's been explained to them half a dozen times.07/01/2015 - 4:19pm
 

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