ESA Touts Major Support for Games Industry in SCOTUS Fight

September 20, 2010 -

If you are having trouble keeping track of the number of amicus briefs that have been filed so far in favor of the game industry, the Entertainment Software Association (ESA) has the answers for you. The trade group representing game publishing companies announced that over 180 leading First Amendment experts, national organizations, non-profits, associations, researchers and social science experts filed amicus briefs on Friday urging the U.S. Supreme Court to uphold the Ninth Circuit Court of Appeals ruling in Schwarzenegger v. Entertainment Merchants Association/Entertainment Software Association.

All of the briefs had different approaches: some pointed out free speech issues, others pointed out overreach by the state of California and other state's attorneys general said that this law would put an unneeded burden on law enforcement – which have better things to do like catch real criminals. Here is what the ESA's top executive had to say about all these briefs:

"The depth, diversity and high quality of briefs submitted strengthens our position before the Court. These briefs are rooted in virtually every form of expression, commerce, social science, and constitutional jurisprudence imaginable," said Michael D. Gallagher, president and CEO of the Entertainment Software Association. "It is our hope that the Court will uphold an unbroken chain of lower court rulings that affirm video games’ First Amendment protections, the rights of consumers’ access to speech, and that parents – not government – are the best arbiters in determining what is right for their children."

Oral arguments for Schwarzenegger v. EMA/ESA begin Tuesday, November 2nd.

Update: Common Sense Media issued the following statement (Jim Steyer, CEO and founder, Common Sense Media) to GP:

"A Zogby International poll commissioned last month found that 72 percent of adults support a ban on the sale of ultraviolent video games to minors. Parents are concerned about the impact of violent games and they feel that the video game industry isn't doing nearly enough to protect kids from accessing the most ultraviolent games. This law would not prohibit the video game industry from creating or selling these games.  Instead, it would simply reinforce that parents – not video game retailers – are the best arbiters in determining what is right for their young children."

 

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Re: ESA Touts Major Support for Games Industry in SCOTUS ...

"Parents are concerned..." "...they feel..."

Oh well... sure, I guess that trumpts the CONSTITUTION OF THE UNTIED STATES OF AMERICA!

Look, even JT has said it doesn't really stand a chance. But, based on his legal history, I got a second opinion from someone who was more capable in the field of law, F.O. Ron, who said that this appeal had no merit and... let me refer to my notes... "Millenium hand and shrimp."

Re: ESA Touts Major Support for Games Industry in SCOTUS ...

Oh, my Lord. You didn't just repeat a legal opinion rendered by Jack Thompson, did you?

Lemme hip to you how Jack's feeble mind works: the only reason he's saying it won't pass muster is because he didn't have anything to do with its drafting and passage. Had he been the one to draft the statute, he'd be telling you how "bullet-proof and iron-clad" it is. Jack ain't doing nothing more than being a playa-hatin' dickhead.  

As Utah's AG Shurtleff once said, "Apparently Mr. Thompson knows even less about criminal law than he does about constitutional law."

Re: ESA Touts Major Support for Games Industry in SCOTUS ...

And for an alledged Constitutional law professor, it's pretty obvious that Jim "Motard" Steyer doesn't know jack about Constitutional law either. Hell, maybe even less than Thompson does, and that's saying something.

Geaux Saints, Geaux Tigers, Geaux Hornets, Jack Thompson can geaux chase a chupacabra. Hell will stay frozen over for quite a while since the Saints won the Super Bowl.

Geaux Saints, Geaux Tigers, Geaux Pelicans. Solidarity for the Saints = No retreat, no surrender. 2013 = Saints' revenge on the NFL. Even through the darkest days, this fire burns always.

Re: ESA Touts Major Support for Games Industry in SCOTUS ...

And Common Sense Media continues to demonstrate that it has no common sense.

 

Andrew Eisen

Re: ESA Touts Major Support for Games Industry in SCOTUS ...

1212446601495-1.jpg picture by metroidprimegmr

I'll bet they could use a LOT more superheros over there.

Re: ESA Touts Major Support for Games Industry in SCOTUS ...

"It is our hope that the Court will uphold an unbroken chain of lower court rulings that affirm . . . that parents – not government – are the best arbiters in determining what is right for their children."

Or, as stated by the dissent in Ginsberg (upholding restriction of sales of pornography to minors),:

"Today this Court sits as the Nation's board of censors. With all respect, I do not know of any group in the country less qualified first, to know what obscenity is when they see it, and second, to have any considered judgment as to what the deleterious or beneficial impact of a particular publication may be on minds either young or old."

Re: ESA Touts Major Support for Games Industry in SCOTUS ...

We've already established that unless you're a member of the Eagle Forum, video games are a world apart from pornography.

 

Re: ESA Touts Major Support for Games Industry in SCOTUS ...

Are they? I wasn't on the circulation list for that memo. Pray tell, what is it about pornography, a protected form of speech, that presents the potential of harm to minors which videogames, another form of protected speech, does not? I spent most of my puberty whacking off to Hustler magazines and I ain't either blind or hairy-palmed.  

 
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Matthew Wilsonhttp://www.businessinsider.com/xbox-one-virtual-reality-headset-will-compete-with-oculus-rift-2014-12 can a xbo even handle doing vr?12/21/2014 - 10:48pm
PHX Corp@Adam802 We'll break out the popcorn in June12/19/2014 - 9:23pm
ZippyDSMleeMaskedPixelante: I'm itching to start it too but I will wait till the patch goes live. >>12/19/2014 - 7:52pm
Adam802Leland Yee and Jackson get trial date: http://sfbay.ca/2014/12/18/leland-yee-keith-jackson-get-trial-date/12/19/2014 - 5:24pm
MaskedPixelanteNevermind. Turns out when they said "the patch is now live", they meant "it's still in beta".12/19/2014 - 5:07pm
MaskedPixelanteSo I bought Dark Souls PC, and it's forcing me to log into GFWL. Did I miss something?12/19/2014 - 5:00pm
Matthew Wilsonhttp://arstechnica.com/tech-policy/2014/12/republicans-may-have-plan-to-save-internet-providers-from-utility-rules/ this is intreasting. congress may put net nutrality in to law to avoid title 2 classification12/19/2014 - 2:45pm
Matthew Wilsonhttp://www.polygon.com/2014/12/19/7421953/bullshit-cards-against-humanity-donated-250k-sunlight-foundation I have to admit I like the choice o organization. congrats to CAH.12/19/2014 - 1:51pm
E. Zachary KnightIf you are downloading a copy in order to bypass the DRM, then you are legally in the wrong. Ethically, if you bought the game, it doesn't matter where you download it in the future.12/19/2014 - 12:06pm
InfophileEZK: Certainly better that way, though not foolproof. Makes me think though: does it count as piracy if you download a game you already paid for, just not from the place you paid for it at? Ethically, I'd say no, but legally, probably yes.12/19/2014 - 11:20am
ZippyDSMleeAnd I still spent 200$ in the last month on steam/GOG stuff sales get me nearly every time ><12/19/2014 - 10:55am
ZippyDSMleeMaskedPixelante:And this is why I'm a one legged bandit.12/19/2014 - 10:51am
ZippyDSMleeE. Zachary Knight: I buy what I can as long as I can get cracks for it...then again it I could have gotton Lords of the Fallen for 30 with DLC I would have ><12/19/2014 - 10:50am
MaskedPixelantehttp://www.joystiq.com/2014/12/19/marvel-vs-capcom-origins-leaving-online-storefronts-soon/ Speaking of "last chance to buy", Marvel vs. Capcom Origins is getting delisted from all major storefronts. Behold the wonders of the all digital future.12/19/2014 - 9:59am
MaskedPixelanteSeriously, the so-called "Last Chance" sale was up to 80% off, while this one time only return sale goes for a flat 85% off with a 90% off upgrade if you buy the whole catalogue.12/19/2014 - 9:37am
E. Zachary KnightInfophile, Tha is why I buy only DRM-free games.12/19/2014 - 9:37am
MaskedPixelanteNordic is back on GOG for one weekend only. And at 85% off no less, which is kind of a slap in the face to people who paid more during the "NORDIC IS LEAVING FOREVER BUY NOW OR FOREVER HOLD YOUR PEACE" sale, but whatever...12/19/2014 - 9:28am
InfophileRe PHX's link: This is one of the reasons the digital revolution isn't all it's cracked up to be. There's also the flip side where Sony can block access to games you've bought if they ban your account for unrelated reasons. All power is theirs.12/19/2014 - 8:52am
MaskedPixelantehttp://uplay.ubi.com/#!/en-US/events/uplay-15-days You can win FREE GAMES FOR A YEAR! Unfortunately, they're Ubisoft games.12/18/2014 - 6:29pm
Papa MidnightAh, so it was downtime. I've been seeing post appear in my RSS feed, but I was unable to access GamePolitics today across several ISPs.12/18/2014 - 6:06pm
 

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