Game Developer Argues for Free Speech in Post Editorial

November 1, 2010 -

Game developer Daniel Greenberg (pictured) has authored a Washington Post opinion piece in which he argues that the Supreme Court should rule that videogames are free speech when it eventually rules on Schwarzenegger vs. EMA.

As a game developer, Greenberg called himself “disheartened and a little perplexed” at seeing games compared to cigarettes and alcohol by California State Senator Leland Yee, and he wondered “how government bureaucrats are supposed to divine the artistic value that a video game has for a 17-year-old.”

In describing newer games such as BioShock, Fable 2 and Fallout 3, Greenberg wrote:

In games such as these, game play becomes a powerful meditation on the nature of violence and the context in which it occurs. Some of the most thought-provoking game design is currently in Mature-rated games (similar to R-rated movies). This is because, in order to have a truly meaningful moral choice, the player must be allowed to make an immoral choice and live with the consequences.

And these are just single player gaming examples says the author, who added that the “expressive potential of video games jumps exponentially when players take interactivity online.”

Only parents or guardians should be allowed to govern a minor’s free speech said Greenberg, “And maybe his grandparents and aunts and uncles. But not Sen. Yee and Gov. Schwarzenegger.”

If California did manage to win the Supreme Court case, Greenberg painted a doom and gloom scenario of what might be in store for the videogame industry:

If California's law is upheld, it is likely that far more onerous measures will appear all over the country. Some stores may stop carrying Mature-rated games. Game publishers might be afraid to finance them. Developers would not know how to avoid triggering censorship because even the creators of such laws don't seem to know. The lawmakers won't tell us their criteria, and their lawyers have refused to reveal which existing games would be covered, even when asked in court.



Thanks to Daniel for pointing us towards his piece (and BearDogg-X too!)


Comments

Re: Game Developer Argues for Free Speech in Post Editorial

Some countires are more lenient with adult rated products being sold in stores. In the US its a MAJOR taboo because its seen as porn and porn is seen as vile here and not family friendly which most stores try to be. In Europe they are ok with adult rated products being sold in stores, an 18 age rating is seen as an adult rating and not a taboo rating and they are ok with that.

Re: Game Developer Argues for Free Speech in Post Editorial

I wouldn't say that considering 18 ratings are very often backed by law, Australia doesn't even have an 18 rating for games, and many other countries are continually banning games for content.

 

Andrew Eisen

Re: Game Developer Argues for Free Speech in Post Editorial

I know but the stores and console makers still allow people to get the games. Plus game stores in Australia want an R18 rating and I'm sure that console makers will support it because stores will allow it.

Re: Game Developer Argues for Free Speech in Post Editorial

Wait a minute, are you talking about adult products as in products meant for adults or sexual content specifically?  If it's the former, I don't agree with you at all for reasons stated in my previous post.

 

Andrew Eisen

Re: Game Developer Argues for Free Speech in Post Editorial

Adult rated products not porn. Such as BBFC 18 movies and PEGI 18 games. But in the US ANY MEDIUM with an 18 and up rating is treated as porn and banned from sale due to companies wanting to protect their image.

Re: Game Developer Argues for Free Speech in Post Editorial

Ah, you're talking about the AO rating.  Okay, I see what you're saying.

Sorry, I usually equate the M rating with other country's 18 ratings.  To me, AO is closer to a classification refusal.

 

Andrew Eisen

Re: Game Developer Argues for Free Speech in Post Editorial

I know I'm talking about how every other country is ok with 18 and up rating but its a social taboo in the US. Talking more about what this law will do. Since our country has such a hatred of 18 and up mediums then stores would mostly not stock them at all.

Re: Game Developer Argues for Free Speech in Post Editorial

US stores (with the rare exception) already don't stock AO games or NC17 movies so I don't think it's the specific age number but the stigma each rating has attached to it.  I say this because we have seen over and over that it's not the content that retailers (and console manufacturers from the game licensing side) object to, it's the rating.

Also, I don't think this country has a hatred of "18 and up mediums" but it is comparatively uptight when it comes to sexual content which is why you see Walmart, Nintendo and the rest shying away from making products with such ratings available, because they think Americans will look at such ratings, think porn, and raise a stink.

 

Andrew Eisen

Re: Game Developer Argues for Free Speech in Post Editorial

Sad part is the movie industry has a loophole with releasing a movie as unrated.

Re: Game Developer Argues for Free Speech in Post Editorial

It took them about 40 years or so to do that. :P We might get our games unrated some day.

Re: Game Developer Argues for Free Speech in Post Editorial

You say that as if it's something to aspire to.  Instead we should aim to accurately rate games and just not discriminate against them based purely on that rating.  If I want to play an AO game on my PS3 why shouldn't I be allowed to?

If we got rid of the stigma we would gain more range in the ratings system.  There are games that get an M but which I feel should probably have an AO, except they'd never get published if they did and rating it lower is likely the lesser evil.

===============

Chris Kimberley

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Chris Kimberley

Re: Game Developer Argues for Free Speech in Post Editorial

This would also affect Europe since game developers would most likely make ONE censored game and not a censred US version and an uncensored European version. Canada will also end up getting what ever the US gets in terms of content.

Re: Game Developer Argues for Free Speech in Post Editorial

I´m waiting here in Mexico someone tries to make the same if the California´s law passes and other states on US passes it as well. If that happens in my country, there is no one who would actually care to do something against it, and basically, any desicion taken by our government is final. There is not appealling or anything.

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

Re: Game Developer Argues for Free Speech in Post Editorial

Not to mention If the supreme court allows this, gamers May get killed by the govt in a similar holocaust like situation

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: Game Developer Argues for Free Speech in Post Editorial

Huh?

 

Andrew Eisen

Re: Game Developer Argues for Free Speech in Post Editorial

I think that was an attempt at satire.

Re: Game Developer Argues for Free Speech in Post Editorial

No, it may happen if games ar not free speech and thier supporters are declared by the court violent and peverse

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: Game Developer Argues for Free Speech in Post Editorial

Sorry, I'm just not seeing this law leading to the government rounding us up into camps and putting us to death.

 

Andrew Eisen

Re: Game Developer Argues for Free Speech in Post Editorial

Besides We hit 100,000 signers of the petition today

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: Game Developer Argues for Free Speech in Post Editorial

Which has what to do with this?

 

Andrew Eisen

 
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ZippyDSMleePaypal shuts down Mega's payment system. https://torrentfreak.com/under-u-s-pressure-paypal-nukes-mega-for-encrypting-files-150227/03/01/2015 - 3:25pm
Matthew Wilsonvalvle planning to release a vr headset this year wtf http://www.pcgamer.com/valves-vr-headset-is-named-vive-and-htc-are-making-it/03/01/2015 - 1:05pm
ZippyDSMleeuuuhhhggg in other news been sick since last night.....uuhggg.....I iwsh it did not hurt so much when my tummy wants to leave my body..02/28/2015 - 11:39pm
ZippyDSMleeBrings me to the Q why alt costumes would be needed in competition anyway... http://www.eventhubs.com/news/2015/feb/28/dead-or-alive-community-aims-ban-over-120-overly-sexualized-costumes-dead-or-alive-5-last-round/02/28/2015 - 11:36pm
MonteThough from a business side, i would agree with the article. While it would be smarter for developers to slow down, you can't expect EA, Activision or ubisoft to do something like that. Nintnedo's gotta get the third party back.02/28/2015 - 4:36pm
MonteThough it does also help that nintendo's more colorful style is a lot less reliant on graphics than more realistic games. Wind Waker is over 10 years old and still looks good for its age.02/28/2015 - 4:33pm
MonteWith the Wii, nintnedo had the right idea. Hold back on shiny graphics and focus on the gameplay experience. Unfortunatly everyone else keeps pushing for newer graphics and it matters less and less each generation. I can barely notice the difference02/28/2015 - 4:29pm
MonteON third party developers; i kinda think they should slow down to nintendo's pace. They bemoan the rising costs of AAA gaming, but then constantly push for the best graphics which is makes up a lot of those costs. Be easier to afford if they held back02/28/2015 - 4:27pm
Matthew Wilsonhttp://www.forbes.com/sites/insertcoin/2015/02/28/the-world-is-nintendos-if-only-theyd-take-it/ I think this is a interesting op-ed, but yeah it kind of is stating the obvious.02/28/2015 - 2:52pm
prh99The government probably doesn't need an app, but I was think more along the lines of a company that was going to sell the collected info. “If you're not paying for the product, you are the product” sometimes even if you pay.02/28/2015 - 1:50pm
E. Zachary KnightWhat better way for the government to keep track of you than to get you to install an app that lets you insult the government.02/28/2015 - 11:03am
prh99No, but I looked it up and it's basically spyware. Their privacy policy says their apps tracks among other things your location and browsing habits via cookies.02/28/2015 - 8:20am
Ryan RardinHas anyone here heard of an app called iCitizen? It's basically Yelp for politicians.02/28/2015 - 5:16am
Andrew EisenAh, not linked in the way you (and everyone else) want and expect. That's true.02/27/2015 - 10:06pm
Matthew Wilsonthey are not linked in a way that tracks purchases though. the fact that they have to send a code for the other system shows that they are not linked in the way it counts.02/27/2015 - 9:39pm
Andrew EisenAccounts are already linked. Have been for quite a while. Also, Mario vs. Donkey Kong was announced as a cross-buy title during last January's Nintendo Direct.02/27/2015 - 9:25pm
Matthew Wilsonhttp://www.vg247.com/20…/…/27/olli-olli-3ds-wii-u-cross-buy/ I wounder if this is a sign that Nintendo may finally link accounts across the 3ds/wiiu in the near future.02/27/2015 - 9:18pm
prh99http://www.romanoriginals.co.uk/invt/70931?colour=Blue The dress does comes in white and blue but both have black lace and a sheer back top, I don't see gold or brown. 02/27/2015 - 8:54pm
ZippyDSMleeDungeons was a so bad so good game to me so I been keeping up with its sequel which will more of a Dungeon Keeper clone. As for pre order out of 7 preorders I was not burnt by 2... Add my contempt of most of modern game design.Ya I have all kinds of hurt.02/27/2015 - 8:40pm
MechaTama31I don't even want to know...02/27/2015 - 8:22pm
 

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