VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle Creativity

October 28, 2010 -

As we inch closer to Tuesday, when oral arguments in Schwarzenegger v. EMA will be presented in front of the Supreme Court, one videogame industry lawyer discussed the impact, in his opinion, a win for California in the case might have on the industry.

Reed Smith LLP’s Patrick Sweeney, council for the firm’s Corporate and Securities Group and specializing in videogames, was quoted in Industry Gamers as stating about a game industry loss in the case, “Certainly less games would be produced and there would be a corresponding job loss.”

Sweeney, continuing, stated that the influence of such a legal defeat could be even deeper:

I believe the independent development community would be severely impacted. Innovation, both from a creative and technological aspect, would also be stifled. The companies, brands and individuals that we should be embracing as the visionaries of this creative and collaborative industry will migrate their talents to a more expressive medium.


Comments

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

Everyone is discussing what a California win would mean...does this mean they expect them to win and are bracing for it?

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

No, but the possiblity hasn't been ruled out.

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

And it's more important now than ever to get the message out that this is a bad law and an important case.

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

I was talking with my friend over lunch about the California law and I had a thought.

I know someone mentioned something about digital distribution but further to that point.  What WOULD the situation be for something like Xbox Live?  If the law was upheld, would retailers have to limit who they sold Microsoft points cards to?  If a minor buys a violent game off the marketplace, who is held responsible?  

Also, if indie game developers were forced to have their games rated by some body, the assumption would be that some cost would be involved.  This significantly stifles the creativity of those who don't have the money to do that and thus can't put the game out on XBLIG.

------- Morality has always been in decline. As you get older, you notice it. When you were younger, you enjoyed it.

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

What WOULD the situation be for something like Xbox Live?  If the law was upheld, would retailers have to limit who they sold Microsoft points cards to?  

Probably not, because those cards are more like pre-paid phone cards.

If a minor buys a violent game off the marketplace, who is held responsible? 

The parent, because a minor has to have parental permission(in the form of a credit card) to join XBox Live. Though a minor could just claim he's 18 to offset that.

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: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

The parent, because a minor has to have parental permission(in the form of a credit card) to join XBox Live. Though a minor could just claim he's 18 to offset that.

Which would be ironic, because the point of this law is releasing the parents of any responsability of what games are their little angels playing.

 

 

 

------------------------------------------------------------ My DeviantArt Page (aka DeviantCensorship): http://www.darkknightstrikes.deviantart.com

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

It would be interesting in how indie developers or even flash games developers would react if the law is approved. Maybe they will start to create violent content that can be obtain by anyone dispate their age. It´s just a thought, but it would be interesting that independent creators would take the route that mainstream industry would forced to left if the law gets passed. Of course, I expect that doesn´t never happens.

------------------------------------------------------------ My DeviantArt Page (aka DeviantCensorship): http://www.darkknightstrikes.deviantart.com

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

"If the law was upheld, would retailers have to limit who they sold Microsoft points cards to?"

No.

"Also, if indie game developers were forced to have their games rated by some body, the assumption would be that some cost would be involved."

Sure but CA's law doesn't require that unless the game is sold in a California store and its violent content falls under the scope of the law.  Also, the law doesn't force a rating, just a label.

Of course, I haven't actually read the law in quite a while so if I've misspoken, feel free to call me on it.

 

Andrew Eisen

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

“Certainly less games would be produced and there would be a corresponding job loss.”

That is the only thing that the people behind the law really want or at least the only thing that the law will really accomplish.

 

------------------------------------------------------------ My DeviantArt Page (aka DeviantCensorship): http://www.darkknightstrikes.deviantart.com

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

Indeed. They couldn't care less about the children, they just want to destroy an industry they themselves don't like.

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

When comics were censored in the 50s people lost their jobs as well. But the politicians don't give a crap at all they get votes for "protecting the children". It also took the industry 50 or so years to recover. Thats half a decade!!!!!

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

I thionk Stan Lee said the comic book industry has never truly recovered.

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

"It also took the industry 50 or so years to recover. Thats half a decade!!!!!"

1.  That would be half a century.

2.  That's not true anyway.

 

Andrew Eisen

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

Depends on what you mean by "recover".  If you mean in terms of financial success, then yes, Timely/Marvel and National/DC bounced back in the 1960's.  If you mean in terms of content, well, that's a whole other set of questions.  On the one hand, comics are still largely associated with superheroes and also largely looked down on as an immature medium.  On the other, there are many comics that have had mainstream success and critical acclaim, and which also aren't about superheroes.

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

The "comic books are for children" mentaliity has never fully gone away.

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

No indeed, but at least they're faring better than video games at this point as a respected art form.  Maus won a Pulitzer and Watchmen was on the NYT list of the best 100 novels of the 20th century.  Other guys have gotten their share of recognition -- Clowes, Crumb, Gaiman, Brown, Los Bros Hernandez, and the late Harvey Pekar, to name just a few.

But there are still plenty of folks out there who still equate comic books with the Adam West Batman TV series -- which, don't get me wrong, I think is a brilliant version of Batman and just as valid an interpretation as The Dark Knight, but it's a pretty far cry from most modern comics.

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

But keep in mind that comic books have been around much longer(at least twice as long) than video games.

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: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

Indeed.  Games as a medium are facing the same growing pains that comics did decades ago.  However, I think the game industry has learned a lot from the comics industry's struggle and I don't expect we'll ever see it hit with as severe a setback as the Comics Code -- and games will achieve mainstream recognition as an art form quicker than comics did, I think, since there are a lot more gamers than comics readers today.  (On the other hand, back in the 1940's, just prior to the outcry against comics, they were ubiquitous.)

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

Not to mention there are a good few comics and manga that are clearly not for kids or the feint of heart.

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

Pretty Much Ambassador Donnel Udina(From mass effect series) not to mention Ashely willams saying "And that's why I hate Politicans" sums up the politicans don't give a crap argument you have there cheater

http://www.youtube.com/watch?v=w_FRgOKKquo

 

As I say here, Come Election Day in the United states, "VOTE ALL THE BUMS OUT" on the federal, state and local level

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.

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

Saddest part is some will happily vote bums in so long as the bum is in thier party.

Re: VG Lawyer: SCOTUS Loss Would Cost Industry Jobs, Stifle ...

Well of course.  If you don't vote for the lizard, the wrong lizard might get in.

 
Forgot your password?
Username :
Password :

Shout box

You're not permitted to post shouts.
Matthew WilsonI do not think it will be the last time we see this. btw I am ok with paid mods.04/27/2015 - 7:10pm
ZippyDSMleehttp://www.pcgamer.com/valve-has-removed-paid-mods-functionality-from-steam-workshop/ 0_o04/27/2015 - 6:37pm
ZippyDSMleeMatthew Wilson:Humor and sarcasm sir.04/27/2015 - 6:36pm
Matthew Wilson@zippy there is no way they are going to merge with capcom becouse both companies are not in good shape. sony, Nintendo, and square are the only companies with enough money to pull it off in japan.04/27/2015 - 4:27pm
ZippyDSMleeCutesy name for motherboard. My 300$ mobo fried itself one night...04/27/2015 - 4:23pm
Andrew EisenNo problem. No idea what a mobo is but it's easy to overlook stuff in the Shout box.04/27/2015 - 4:18pm
ZippyDSMleeAndrew Eisen:Ah sorry, last 2-4 days I been dealing with a dead mobo then my new laptop came in trying to get it up to date and stuff transferred over....blag04/27/2015 - 4:16pm
Andrew EisenAlready linked about 10 shouts ago.04/27/2015 - 4:00pm
ZippyDSMleehttp://www.polygon.com/2015/4/27/8503893/konami-delists-itself-from-new-york-stock-exchange This just in Konami and Capcom merge so they can ignore more IP's.04/27/2015 - 3:50pm
E. Zachary KnightNot really. I think people are overly critical of other game projects. Delays should be expected and shouldn't be considered a major failing and worthy of the crap they get.04/27/2015 - 3:09pm
Matthew WilsonI agree that Double Fine gets off way too easy compared to others.04/27/2015 - 2:40pm
PHX Corphttps://twitter.com/Nibellion/status/592762131264733185/photo/1 a Transcript reguarding the Situation at Konami has been found(CEO Went Nuts over mobile and wanted kojima removed from the company)04/27/2015 - 2:25pm
E. Zachary KnightMatthew, delaying games has been amassive point of contention for games that raised a fraction of what Double Fine did.04/27/2015 - 2:14pm
Matthew Wilsonand yes they went way way over budget from what I read.04/27/2015 - 12:33pm
Matthew Wilson@AE if they cancaled it there would be massive outrage, but people tend to be ok with a delayed game.04/27/2015 - 12:32pm
IvresseBleh, can't edit shout on my phone :-/04/27/2015 - 12:32pm
Andrew EisenHell, the Kickstarter itself raised WAY more than DF was asking but I saw no accusations of impropriety.04/27/2015 - 12:31pm
Andrew EisenA little over three years later (two and a half years after the estimated delivery date), the Double Fine Adventure Kickstarter finally delivered the game. Oddly, I never saw anyone accuse Double Fine of scamming or conning anyone.04/27/2015 - 12:30pm
Ivresse@PHX Corp: Not only that, but Konami have just delisted themselves from the NYSE:http://polygon.com/e/826793404/27/2015 - 12:28pm
Matthew Wilsonwhile I felt bad for everyone outside the US who wanted to watch the HOTS finals, the fact it was on espn 2 in prime time is a major major step forward for video games.04/27/2015 - 12:14pm
 

Be Heard - Contact Your Politician