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.

 
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Sora-ChanI realize that they have ways getting around it, but one reason might be due to earthquakes.04/17/2014 - 4:42am
Matthew WilsonSF is a tech/ economic/ trade center it should be mostly tail building. this whole problem is because of the lack of tail buildings. How would having tail apartment buildings destroy SF? having tail buildings has not runed other cities around the US/world04/16/2014 - 10:51pm
Matthew WilsonAgain the issue is you can not build upwards anywhere in SF at the moment, and no you would not. You would bring prices to where they should have been before the market distortion. those prices are not economic or socially healthy.04/16/2014 - 10:46pm
ZippyDSMleeYou still wind up pushing people out of the non high rise aeras but tis least damage you can do all things considered.04/16/2014 - 10:26pm
ZippyDSMleeANd by mindlessly building upward you make it like every place else hurting property prices,ect,ect. You'll have to slowly segment the region into aeras where you will never build upward then alow some aeras to build upward.04/16/2014 - 10:25pm
Matthew WilsonSF have to build upwards they have natural growth limits. they can not grow outwards. ps growing outwards is terable just look at Orlando or Austin for that.04/16/2014 - 4:15pm
ZippyDSMleeIf they built upward then it would becoem like every other place making it worthless, if they don't build upward they will price people out making it worthless, what they need to do is a mix of things not just one exstreme or another.04/16/2014 - 4:00pm
Matthew Wilsonyou know the problem in SF was not the free market going wrong right? it was government distortion. by not allowing tall buildings to be build they limited supply. that is not free market.04/16/2014 - 3:48pm
ZippyDSMleeOh gaaa the free market is a lie as its currently leading them to no one living there becuse they can not afford it makign it worthless.04/16/2014 - 3:24pm
Matthew WilsonIf you have not read http://arstechnica.com/gaming/2014/04/introducing-steam-gauge-ars-reveals-steams-most-popular-games/ you should. It is a bit stats heavy, but worth the read.04/16/2014 - 2:04pm
Matthew Wilsonthe issue is when is doesn't work it can screw over millions in new york city's case. more often than not it is better to let the free market run its course without market distortion.04/16/2014 - 9:36am
NeenekoTrue, and overdone stagnation is a problem. It is a tricky balance. It does not help that when it does work, no one notices. Most people here have benifited from rent controls and not even realized it.04/16/2014 - 9:23am
ZippyDSMleehttp://www.afterdawn.com/news/article.cfm/2014/04/15/riaa_files_civil_suit_against_megaupload04/16/2014 - 8:48am
ZippyDSMleeEither way you get stagnation as people can not afford the prices they set.04/16/2014 - 8:47am
Neenekowell, specifically it helps people already living there and hurts people who want to live there instead. As for 'way more hurt', majorities generally need less legal protection. yes it hurt more people then it helped, it was written for a minority04/16/2014 - 8:30am
MaskedPixelantehttp://torrentfreak.com/square-enix-drm-boosts-profits-and-its-here-to-stay-140415/ Square proves how incredibly out of touch they are by saying that DRM is the way of the future, and is here to stay.04/16/2014 - 8:29am
james_fudgeUnwinnable Weekly Telethon playing Metal Gear http://www.twitch.tv/rainydayletsplay04/16/2014 - 8:06am
ConsterTo be fair, there's so little left of the middle class that those numbers are skewing.04/16/2014 - 7:42am
Matthew Wilsonyes it help a sub section of the poor, but hurt both the middle and upper class. in the end way more people were hurt than helped. also, it hurt most poor people as well.04/16/2014 - 12:13am
SeanBJust goes to show what I have said for years. Your ability to have sex does not qualify you for parenthood.04/15/2014 - 9:21pm
 

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