Op-Ed Focuses on Retail Implications of Schwarzenegger Case

October 18, 2010 -

Entertainment Software Association (ESA) chief Michael Gallagher, along with Michigan Retailers Association (MRA) CEO James Hallan, took to the Lansing State Journal website for an opinion piece outlining the Schwarzenegger vs. EMA Supreme Court battle could impact retailers.

The piece states that the “misguided” California law—which contains “subjective and indefinite language” in relation to what would constitute an offensive game—is “particularly concerning for retailers,” because “the retail industry has already taken giant strides toward ensuring that violent videos do not end up in children's hands.”

According to the opinion piece, the “vague law” could be trouble for retailers because:

Retailers also would face the threat of potential civil lawsuits by individuals who might disagree with the ratings assigned to games. That risk would influence the games retailers choose to carry in their stores, even for purchase by adults, inevitably leading to fewer consumer choices.

Nor is it only about video games. The law broadly opens the door for restrictions on other First Amendment-protected works, like books, movies and music. How could one logically say that video games are somehow illegal, but books and movies - many of which have the same title and content - are acceptable?

ESRB game ratings, retail enforcement of the ratings and parental control features on game consoles are working and render the California law unnecessary argue the co-authors.


Comments

Re: Op-Ed Focuses on Retail Implications of Schwarzenegger ...

They will protect the children my making sure NO ONE OF ANY AGE can buy these games.

Re: Op-Ed Focuses on Retail Implications of Schwarzenegger ...

How could one logically say that video games are somehow illegal, but books and movies - many of which have the same title and content - are acceptable?

Simply put, logically, you can't. Illogically, however...

Re: Op-Ed Focuses on Retail Implications of Schwarzenegger ...

Stating that games' interactivity makes them qualitatively different from other forms of media is logically consistent.

It happens to be factually incorrect (at least in this context), but it's not illogical.

Re: Op-Ed Focuses on Retail Implications of Schwarzenegger ...

Then they need to address those "choose the ending" dvds and those "choose your own adventure" books. Those are interactive.

Re: Op-Ed Focuses on Retail Implications of Schwarzenegger ...

On the one hand, there's a pretty big difference between flipping between pre-written narratives and wielding a gun and shooting characters with it in real-time.

On the other, remember the outcry against Night Trap in the 1990's?  That game wasn't any more interactive than the DVD's you're talking about.  So on those grounds, you make a pretty good comparison.

 
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Should ‘sexism’ factor into a video game’s rating?:

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Andrew EisenNo but it is defaulting to a very low volume. Not muted though.11/20/2014 - 10:14pm
MaskedPixelanteIs anyone else experiencing this weird Youtube glitch where, no matter what you had the volume set at last time, it defaults to muted no matter what?11/20/2014 - 10:07pm
MechaTama31What was wrong with Remember Me? I liked that one... >.>11/20/2014 - 8:50pm
AvalongodI tend to see the violence and sexism issues as different. Historically we know that the violence issue is overblown. But sexism is real. Better representations of women in games WILL happen.11/20/2014 - 7:35pm
Andrew EisenAnd unless I completely missed it, there's nothing in there about "how Pokemon in general is sexist but you gotta look deep for it."11/20/2014 - 5:10pm
Andrew EisenSeriously, you're upset, irked and fearful over an opinion piece that suggests the Pokemon demo would be better with more options and a better-written female character? SERIOUSLY?!11/20/2014 - 5:07pm
MaskedPixelantehttp://gamasutra.com/blogs/PugetAlain/20141118/230420/Nearly_Ripped_off_to_death_by_a_publisher__Get_better_by_yourself_and_wait_for_justice_Maybe.php Topware screws over an indie studio because they can.11/20/2014 - 5:01pm
Andrew EisenAre you SURE you provided the right link?11/20/2014 - 4:59pm
prh99And yeah that sucks, especially when bonuses are tied to it, but that is more a problem with crappy publisher policies and scoring in general than any discussion on what may or may no be sexism in games.11/20/2014 - 4:59pm
prh99But no one is on their legislative high horse or on the litigation war path, for that matter. The biggest effect is that a reviewer might give it a lower score and drag down their meta critic ranking.11/20/2014 - 4:56pm
Wonderkarpyup11/20/2014 - 4:51pm
Andrew EisenOh for crying out loud. Wonderkarp, I apologize for how rude this question is but seriously, did you actually read that article?11/20/2014 - 4:47pm
Wonderkarpits a stigma. people in power hear this crap and start getting on their legislative high horse. but I feel like we've already paid too much attention too a demo.11/20/2014 - 4:46pm
Andrew EisenHarm gaming how?11/20/2014 - 4:35pm
Wonderkarpcause it gets parroted around and is used by people to harm gaming like Jack Thompsons did with Violence. http://www.themarysue.com/pokemon-oras-sexism/ here's the article.11/20/2014 - 4:28pm
Andrew EisenNo idea why such an opinion would upset or irk you so I'd be interested in reading it. Got a link?11/20/2014 - 4:13pm
Wonderkarplook deep for it....reaching much. those kinds of people are what urk me.11/20/2014 - 4:07pm
WonderkarpI got upset the other day when a known feminist blog wrote a large article on how the demo to Pokemon Omega Ruby was Sexist cause you couldnt play as a girl. It was a Demo....who cares? but they went off on how Pokemon in general is sexist but you gotta11/20/2014 - 4:06pm
Andrew EisenHere's the panel that Sarkeesian quote from earlier comes from. Amazing what the proper context does, isn't it? https://www.youtube.com/watch?v=e0qxtKz2vZw11/20/2014 - 3:32pm
NeenekoSomething to keep in mind, we tend to look at physics as 'hard', but math and physics are trivial compared to soc/psych (I have worked in both), but FEELS like it should be simplier.11/20/2014 - 3:17pm
 

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