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. 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. 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.

 
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Mattsworknamegamergate or any part of that movment. My biggest issues have always been more about my views on the idustry on a personal level rather then any affilication with GG.06/30/2015 - 9:50am
MattsworknameI only really every had any interest in the GG stuff when they were going in about the media and stuff and the whole "Gamers are Dead" junk. As a general rule, whatever issues I had with various groups was more my own issues, not anything specific with06/30/2015 - 9:49am
Andrew EisenI'm still trying to figure out where anyone is getting the idea violent content or lousy representation of women and minorities in video games shouldn't exist or be promoted.06/30/2015 - 9:25am
james_fudgeWell, members of GP first, members of GG second, I always say.06/30/2015 - 9:06am
black mantaConsidering it's only you and Mattsworkname that have been carrying the banner for it here, that pretty much testifies to how little influence they have. Most everyone else here couldn't care less.06/30/2015 - 8:54am
black mantaAgain GG is more like Occupy Wall Street than the Tea Party movement. They had their moment, but they fizzled out. And now exist more as a nebulous thing spouting ideas. They haven't achieved anything meaningful.06/30/2015 - 8:52am
black mantaAs sincere as your beliefs may be, the movement is still rife with bigots and misogynists.06/30/2015 - 8:51am
black mantaI'm sure you're heart's in the right place, Goth. But it doesn't excuse the behavior of GG's members towards the people they don't like.06/30/2015 - 8:50am
MattsworknameWow goth, write a novel why dont cha. Seriously I know you have a passion for this stuff, but wow, thats kinda overkill.06/30/2015 - 8:46am
james_fudgeI hereby dub this space the Mainifesto Box (tm)06/30/2015 - 8:34am
Infophile13 shouts in total by Goth in a row. I think I'm to blame here. If I'd read the Breitbart link when he'd posted it, maybe he wouldn't have felt the need to say everything here.06/30/2015 - 8:27am
E. Zachary KnightI go away for one night and Goth writes his Gamergate manifesto in the shoutbox.06/30/2015 - 8:15am
james_fudgeI blame Andrew for this.06/30/2015 - 8:10am
Goth_SkunkAnd at long last, I think I'm finally done.06/30/2015 - 3:08am
Goth_SkunkAnd if those progressive games fail to make any headway in the market, don't blame gamer culture for not being cultured enough to appreciate the product. Own up to the fact that the game either sucks, is not interesting, or both.06/30/2015 - 3:06am
Goth_Skunknor suggest that the games industry and culture is rife with toxicity because of it and needs to change for the good of the medium. There is room in the market for progressive games to co-exist with games like Hatred, not replace them outright.06/30/2015 - 3:04am
Goth_SkunkAnd if the overly violent content of most AAA games or the perceived mistreatment of women in such games bothers one, by all means criticize it, but do not under any circumstances suggest that it such content shouldn't exist or be promoted,06/30/2015 - 3:02am
Goth_SkunkGames, for the most part, let you do this! You can be the man or woman you're not. You can escape reality and immerse yourself in the experience. And that's wonderful! I play as female characters all the time in games I play, when the option is available.06/30/2015 - 2:59am
Goth_SkunkA choice that nature denied transgender people at birth! People don't undergo gender reassignment because they want to be transgender; they undergo gender reassignment because they want to be the gender they identify with!06/30/2015 - 2:52am
Goth_SkunkBut I think it gets silly when people start asking for the ability to play as a transgender protagonist. I mean, why would one do that? One usually has the option to create a character that's either a man or a woman, gay or straight. You have the choice!06/30/2015 - 2:50am
 

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