Game Industry Briefs Offer Three Times More Support - Updated

September 17, 2010 -

Update: id Software has filed an amicus brief (PDF) and the Salt Lake Tribune reports that Utah Attorney General Mark Shurtleff has joined  nine other states that are asking the Supreme Court to strike down the California law. Thanks to all our Shoutbox users (PHX Corp, BearDogg-X, etc.,) for their help today.

Original story: Those supporting the state of California’s attempt to legislate the sale of violent video games to minors got an early start and submitted their amicus briefs on July 19th. Perhaps a bit disconcerting for gamers, those briefs sat unopposed for nearly two months.

But hey, better late than never as today the video game industry saw a flurry of support from all over the country as various people and organizations rushed to meet today’s submission deadline. We’re still waiting for the ECA’s long expected amicus brief but in the meantime, let’s tally up the scores and see which side can brag the most support.

In the red corner, showing their support for the state of California (boo!) are a respectable four briefs from 16 different people and organizations:

-California State Senator Leland Yee, Ph.D, The California Chapter of the American Academy of Pediatrics, and the California Psychological Association (PDF)

-Common Sense Media (PDF)

-Eagle Forum (PDF)

-Attorneys general of Louisiana, Connecticut, Florida, Hawaii, Illinois, Maryland, Michigan, Minnesota, Mississippi, Texas And Virginia PDF)

And in the blue corner, showing their support for the video game industry (yay!) are 11 briefs representing a whopping 50 different people and organizations:

-Motion Picture Association of America, Independent Film and Television Alliance, Lucasfilm, National Association of Theatre Owners, Directors Guild of America, Producers Guild of America, Screen Actors Guild, Writers Guild of America West, and American Federation of Television and Radio Artists. (PDF)

-Comic Book Legal Defense Fund (PDF)

-Media Coalition members American Booksellers Foundation For Free Expression, Association Of American Publishers, Freedom To Read Foundation, National Association Of Recording Merchandisers, Recording Industry Association Of America. Joined by Amusement & Music Operators Association, Association Of National Advertisers, Pen Center USA, And The Recording Academy (PDF)

-International Game Developers Association and Academy of Interactive Arts and Sciences (PDF)

-The American Civil Liberties Union, The National Coalition Against Censorship, and The National Youth Rights Association (PDF)

-Progress & Freedom Foundation and The Electronic Frontier Foundation (PDF)

-Cato Institute (PDF)

-Computer & Communications Industry Association, Consumer Electronics Association, Information Technology Industry Council, Techamerica, Center For Democracy & Technology, and The Digital Liberty Project Of Americans For Tax Reform (PDF)

-The Reporters Committee for Freedom of the Press, The American Society of News Editors, the First Amendment Project, The National Press Photographers Association, The Radio Television Digital News Association, The Society of Professional Journalists, and Student Press Law Center (PDF)

-First Amendment Scholars - Professors David Cole, Kenneth L. Karst, David G. Post, Martin H. Redish, William W. Van Alstyne, Jonathan D. Varat and Adam Winkler. (PDF)

-Marion B. Brechner First Amendment Project and Pennsylvania Center For the First Amendment (PDF)

Of course, as impressive as this support is, it all comes down to what the Supreme Court thinks. Oral arguments will be heard Nov. 2nd. Stay tuned...

Much thanks to Media Coalition for all the PDFs.

[GamePolitics is a publication of the ECA.]

-Reporting from San Diego, GamePolitics Special Correspondent Andrew Eisen

 


Comments

Re: Game Industry Briefs Offer Three Times More Support - ...

They can say the chilling cause affect. Where stores stop selling the games because of the government rating and developrs have to censor their games to get them on shelves.

Re: Game Industry Briefs Offer Three Times More Support - ...

But if you think about it, this issue really isn't up for a vote, so the amount of support is a moot point. What matters is the points they make and if they are valid, or at least seem valid.

I haven't read the briefs, and let's face it, I probably won't. If it was fun to read legal briefs, then lawyers wouldn't be paid so much. But from what other people are saying, the laws support focuses on "parents want it", "it's common sense", and "think of the children." However, it isn't the courts job to allow or disallow based on what people want. I'd figure that the anti-law group is focusing on "1st amendment" and "no law means no law."

I really think that this should be a slam dunk for the anti-law group. The long and short of it is that it's against the Constitution. The law group is pretty much saying "but we really want this law." The objection was "You can't cause it's unconstitutional." They haven't come up with a reason yet that would make it constitutional. Unless someone really drops the ball, it should be an easy A.

Re: Game Industry Briefs Offer Three Times More Support - ...

Actually, the brief from the games industry was very interesting reading - skipping past the legal pages, there's a well argued position that every new medium (from comics to music to movies) has faced clampdowns from moral panicking paranoid authorities. Look it up on GP, I recommend it.

Re: Game Industry Briefs Offer Three Times More Support

Just looking at the weight carried by the (authors?) of the breifs...  Looks like things are stacked heavly in the Game Industry's favor.  I don't know why but I am really glad to see the MPAA getting behind this.  Maybe they fear that if the California law is upheld they may see themselves in the hot seat soon after.

Re: Game Industry Briefs Offer Three Times More Support

Witty headline, Mr. Eisen.

Re: Game Industry Briefs Offer Three Times More Support

How much longer Until the ECA files it's brief(Just asking, k)

Besides  We may win this because of the precendent here in the Circuit court and the arguments for our side(including Amcius briefs such as MPAA , Media Collition)

Watching JT on GP is just like watching an episode of Jerry springer only as funny as the fights

America has just became its own version of the Jerry Springer Show after a bizarre moment in Florida involving a carnival worker.

 
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Which Feminist Frequency video are you looking forward to most?:

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Andrew EisenIt makes no difference whether she recorded the footage or not and yes she does have a fair use disclaimer at the end of every video and in the video description.01/31/2015 - 6:47pm
Wonderkarpsaying otherwise. I've presented a video with cited sources combined with opinion. Youre presenting just your opinion. 01/31/2015 - 6:43pm
Wonderkarpits still important information brought up on the original video. and by not saying anything, the casual observer thinks its her footage. there's no "section 107 Fair use" disclaimer. Its as if she's showing star wars and saying "look what I made" without01/31/2015 - 6:43pm
Andrew EisenIf that's true, maybe she's willing to lose her tax exempt status by merchandising. So? Also not a problem with her Kickstarter. And no, I don't have to be a rep of FemFreq to point out how nonsensical, irrelevant and untrue all this nonsense is.01/31/2015 - 6:43pm
Andrew EisenShe doesn't say it's not her footage and she never said she'd record all her own footage. So this isn't a problem. I doubt she's said anything like "no women or non white people are critics of mine." Regardless, nothing to do with her Kickstarter.01/31/2015 - 6:41pm
Wonderkarpvalet about parking info01/31/2015 - 6:41pm
Wonderkarpyour glenn beck to her republican party. you can refut all you want, but its not going to matter until femfreq comes out and disputes these claims because you are not a member of fem freq. you are a second party. I dont ask the man standing next to the01/31/2015 - 6:39pm
Wonderkarpis free gifts01/31/2015 - 6:39pm
WonderkarpListen and Believe is one of the slogans Femfreq touts on twitter. and Non profits are in danger of losing their tax exempt status by merchandising. Its a big nono. I worked at the MDA for a while and they do NOT sell merchandise. anything they do have01/31/2015 - 6:38pm
WonderkarpShe doesnt say its not her own footage. Fact. She's never acknowledged any critics who arent whitemale. Fact. they are running a business and business's update time tables. Fact. You do need to be an official rep or its just talking head.01/31/2015 - 6:36pm
Andrew EisenWho are you quoting? Who said "listening and believing"? So what if she is or eventually will make money off of this? There's evidence showing she isn't what?01/31/2015 - 6:35pm
Andrew EisenShe never said she'd capture her own footage. Fact.01/31/2015 - 6:33pm
Andrew EisenI don't need to be an official rep. Fact. No one's said there aren't critics of all genders and colors. Fact. The project is over it's original estimate. Fact. The scope greatly expanded. Fact. She never said she'd do nothing but TvW. Fact.01/31/2015 - 6:33pm
WonderkarpMy problem with that "Listening and believing" with this, Andrew, is A) She's making money off of it(Dont say she isnt. they are talking about Merchandising), and B) There's substantial evidence showing she isnt. Plenty of people are seeing through that01/31/2015 - 6:33pm
Andrew EisenTake her word for it as there's nothing to suggest she isn't playing as much of the games she needs to play in order to make the observations she makes.01/31/2015 - 6:31pm
WonderkarpYou havent disproved anything, Andrew. All youve done is given your opinion with no fact. You're just presenting a talking head.01/31/2015 - 6:30pm
Wonderkarpbut if she isnt capturing her own footage, how are we certain she's actually playing the games? The one live video, where I saw her activly participating in a game live on twitch, she was sitting there letting somebody else play.01/31/2015 - 6:28pm
Andrew EisenI just refuted them.01/31/2015 - 6:28pm
Wonderkarpmade the video if he wasnt sincere01/31/2015 - 6:26pm
Wonderkarpso how is his video disingenuous when he's presented facts that havent been refuted. Poorly constructed or not, he's still pointing out his greviences and backing them up with cites and is asking for a refund. A little tongue in cheek, but he wouldnt have01/31/2015 - 6:26pm
 

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