Law of the Game Tackles Brown v. EMA Decision

July 11, 2011 -

Mark Methenitis finally delivers a Law of the Game column over on Joystiq that tackles the Brown v. EMA Supreme Court decision. First he apologizes for the delay, then jumps right into the important take-aways that impact the industry and the public.

First he points out that the Supreme Court decision was the "best possible outcome, both for the game industry and for the public at large" and that the opinion "was the most consistent with existing case law and contemporary First Amendment legal theory." In other words, it's a decision that was actually born out of the application of constitutional law and earlier precedents set by the court. He also notes that it was a very good thing that the Supreme court ruled that new types of media - interactive or otherwise - should not be treated any differently than past or current forms of media like books and movies.

Next he talks about obscene content and how the definition has been set for very many years. This excerpt below is pretty compelling on that subject:

"The law in the United States has been pretty well settled on what we consider 'obscene' for quite some time, and the Court's continued stance that those boundaries should not be changed was quite reassuring to the preservation of free speech. To be frank, the Court's discussion of violent content in children's material was more or less perfect, as was the indication that interactivity in media does, to some degree, pre-date the game industry. With this opinion, it seems unequivocal that violent speech, in the Unites States, is simply off the table for regulation at all levels, provided the means of production are not illegal already."

Methenitis goes on to analyze the opinion of Justice Alito and the dissenting views of Justices Thomas and Breyer in great detail. As is the case with Law of the Game columns on Joystiq, this latest edition is thoughtful, in-depth and informative, even if it is a slight bit tardy. You can read the whole thing here.


 
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Should Nintendo have DMCA'd a fan's free Super Mario HD remake?:

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ZippyDSMleeWhere is "Yes, if it was monetized." In the questions?04/01/2015 - 9:07pm
E. Zachary Knighthttp://reason.com/blog/2015/04/01/this-anti-gay-pizza-place-got-trashed-on04/01/2015 - 8:17pm
E. Zachary KnightAccording to this link, the pizzeria owner did not actually refuse anyone service. He was ask by a reporter if he would cater to a gay wedding and he answered in the negative. When that was published, the rants came rolling in.04/01/2015 - 8:17pm
Papa MidnightCorrection to my prior note, DiRT 3 Complete Edition does NOT replace DiRT 3 in user's libraries. But existing owners of DiRT 3 do get it for free.04/01/2015 - 8:00pm
Matthew Wilson@AE it could be like pokemo, but the tweet and the site makes it look like 2 different games. tbf I do not know Japanese.04/01/2015 - 7:29pm
MechaCrashInteresting how YouTube comments are universally acknowledged to be cesspits of idiocy where no coherent thought can survive, until a woman closes them. Then it's CENSORSHIP and being AFRAID OF DEBATE.04/01/2015 - 7:29pm
Andrew EisenThat's... weird. The Direct made it sound like this was an organic part of a single game.04/01/2015 - 7:08pm
Matthew Wilsonapparently the 2 sides of the story in the new fire emblem game is 2 difrent games in japan, and we are getting both combined. https://twitter.com/RPGSite/status/583415770744393729/photo/104/01/2015 - 7:00pm
MonteAE: there are pizzaria's that also make italian food which you can order in bulk to cater parties. Also, google pizza wedding; cause it is pretty cool04/01/2015 - 6:50pm
ConsterThe vast majority of (if not all) 1-star reviews are angry rants about its policy. 'Jesus said to love thy neighbor, assholes' (paraphrased) seems very common.04/01/2015 - 6:49pm
Matthew WilsonI did not check it out personaly. I only read a arctlice about it, but it does seem to be in a lets just say a very mean way.04/01/2015 - 6:41pm
Andrew EisenTrashed in a fair way or are people lying about cockroach infestations and stuff?04/01/2015 - 6:24pm
Matthew Wilsonwell they also are getting trashed on yelp too. given the number of people that use it, I suspect they will lose allot of business even if they change their mind.04/01/2015 - 6:19pm
Andrew EisenIt's a pizza joint. It caters weddings? Really? I mean, that's cool. Really cool, even. But seriously?04/01/2015 - 6:02pm
Consterhttp://www.huffingtonpost.com/2015/04/01/indiana-pizza-gay-couples_n_6985208.html04/01/2015 - 5:57pm
Andrew EisenConster - Link?04/01/2015 - 5:55pm
Conster-annnd they are 'temporarily closed' after phone threats. Way to take the moral high ground against bigotry, people. -,-04/01/2015 - 5:51pm
ConsterThe first business to use SB101 to deny service to gay weddings has arisen - let's see if EZK's theory about the free market being sufficient to deal with them holds u-04/01/2015 - 5:50pm
MonteYa i remember when she first started her videos with the comment sections open. There was A LOT of vile harrassment to shift through to get to any REAL debate. Youtube is a TERRIBLE debate forum. Can't blame her for not wanting to deal with harrasment.04/01/2015 - 5:49pm
ConsterWho's this "Anitia Skeeter" person you speak of?04/01/2015 - 5:31pm
 

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