Facebook Flick Prompts SCOTUS Philosophical Debate

November 18, 2010 -

Supreme Court Justice Stephen Breyer recently saw The Social Network and admitted that the film puzzled him.

But, according to an MSNBC article, he used the film to claim that modern conditions and technologies should be considered by Justices when they are interpreting the U.S. Constitution, as in the case of Schwarzenegger vs. EMA.

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Green Bay Developer Reaps WI Tax Incentive

November 17, 2010 -

Wisconsin’s Film Tax Credit Program is paying off for one Green Bay-based developer.

Self-described “punk rock” game development company Frozen Codebase will receive $35,315 in tax credits according to a release issued by the Wisconsin Department of Commerce. The developer, which has two current teams made up of 29 employees total, will receive the funds for its work on a currently-in-production videogame, which has a total project budget of $141,257.

Wisconsin Governor Jim Doyle stated “I am pleased that we could assist Frozen Codebase, LLC in expanding its products,” adding, “Projects like these ensure that we develop the infrastructure and skills necessary for the entertainment industry to thrive in Wisconsin.”

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North Carolina Tenth Graders Ape SCOTUS, Rule for Game Industry

November 17, 2010 -

On the same day (November 2) the U.S. Supreme Court heard oral arguments for Schwarzenegger vs. EMA in Washington D.C., students at Pinecrest High School in North Carolina took part in their own reenactment of the landmark videogame case.

Tenth graders from a civics class took part in the faux-trial, with eight students taking on the role of Associate Supreme Court Justices while a local attorney named Bruce Cunningham assumed the role of Chief Justice. Four students argued for each side.

One student, arguing for California, stated that “When you're a child, your brain hasn't developed that part where you don't understand the consequences,” while a counterpart on the EMA side contended that, “Speech, even though it is not pleasing, is still entitled to freedom.”

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Professor: SCOTUS Should Use Schwarzenegger Case to Fix its “Extreme” First Amendment Stance

November 17, 2010 -

In an opinion piece appearing in the Los Angeles Times, Pepperdine University constitutional law professor Barry McDonald argues that the Supreme Court should use Schwarzenegger vs. EMA to “adjust its severe approach to content-based regulations of speech.”

McDonald opined that the California law in question “puts teeth” in the attempt to stop kids from buying violent games, and he notes that the plaintiffs in the case “are not minors who are eager to receive the ‘speech’ in question,” but game manufacturers themselves.

He continued:

Despite the fact that it seems the 1st Amendment is being used to protect the manufacturers' purses rather than their ideas, lower courts across the country have uniformly invalidated such video-game restrictions on free-speech grounds.

Video of Yee after Filing for Mayoral Exploratory Committee

November 15, 2010 -

Last week, California State Senator Leland Yee (D-San Francisco/San Mateo) announced the formation of an exploratory committee as part of his bid to run for Mayor of San Francisco in 2011.

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Editorial Hopes Law against “Poison” Games Sets Precedent

November 12, 2010 -

An article penned by the Editorial Board of the Oregonian calls violent games “poison to the teen mind,” and cites “a fragmented but growing body of research,” to back its hopes that the California legislation will at least “find footing” in order to “set a promising example.”

The opinion piece states that Schwarzenegger vs EMA is not exclusively about free speech, since the law does not seek an outright ban on violent games.

The California law, according to the Oregonian, would “simply prevent the neighborhood video store clerk from deciding to sell ‘Postal 2’ to a 14-year-old.”

The editorial continued, stating:

Illinois Also Looking Closely at Schwarzenegger Outcome

November 11, 2010 -

Add the Land of Lincoln to the list of states following Schwarzenegger vs. EMA in order to see which side emerges a winner.

Earlier this month we told you about a Delaware politician looking to reintroduce anti-videogame legislation if California was to emerge victorious in its Supreme Court fight, now a Daily Herald story lets us know that an Illinois politician is preparing for the same outcome.

In 2005, an Illinois law that would have governed the sale of violent games, championed by then Governor Rod Blagojevich, was eventually declared unconstitutional by a U.S. District Court Judge.

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Blogger Hates Violence, Yet is Against California Law

November 11, 2010 -

A discussion between two writers on the Perpetual Post website caught our eye because one of the scribes, even while expressing an aversion to violent videogames, doesn’t think the government should be in the business of limiting a child’s access to them.

In her part of the article, Molly Schoemann says that she “can’t really stomach violence of any kind—even videogame violence,” and recounted a previous experience playing Army of Two in which she was reduced to being “huddled in a pile of rubble,” where she “refused to shoot anyone.”

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Yee Making Plans for Next Office

November 10, 2010 -

California State Senator Leland Yee (D-San Francisco/San Mateo), the chief architect behind the California game law now starring in the Supreme Court production of Schwarzenegger vs. EMA, is considering a run for Mayor of San Francisco.

In an email to supporters, Yee stated that he walked into city hall today and opened an exploratory committee for Mayor. Yee added, “As someone who grew up in San Francisco, attended public schools, raised a family, and has been serving this city for over 20 years, I am excited about starting this new discussion.”

Yee’s website is already adorned with “For Mayor” descriptors.

After saying that everything he is today, he owes to San Francisco, Yee offered an overview of his life so far:

18 comments | Read more

Two New Opinion Pieces Back Game Industry in SCOTUS Showdown

November 10, 2010 -

Yesterday we highlighted two editorials that backed California in its Supreme Court appeal over a law that would make it illegal to sell minors mature-rated violent games. Today we offer you a pair of views from people backing the game industry in its Schwarzenegger vs. EMA fight.

First up is President of the First Amendment Center Ken Paulson, who took to USA Today to offer his opinion that governing the intake of media should be left to a child’s parents or guardians.

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Researcher Ferguson: California Law is “One More Spin of the Moral Panic Wheel”

November 10, 2010 -

Texas A&M International University professor and videogame researcher Christopher Ferguson has penned an editorial for the Sacramento Bee in which he argues that the state of California is acting “irresponsibly” in its push for a law that would ban the sale of adult-rated violent games to minors.

Ferguson, as readers of this site well know, tends to generate research that is more open-minded in terms of the relation between violent games, youth and aggression. As such, his research was featured prominently in the amicus brief (PDF) for Schwarzenegger vs. EMA filed by the Entertainment Merchants Association (EMA) and Entertainment Software Association (ESA).

Should the Industry Embrace or Reject Limbaugh as Game Backer

November 10, 2010 -

Rush Limbaugh recently defended videogames after a caller to his talk show brought up the subject of Schwarzenegger vs. EMA, but is Limbaugh someone that the game industry even wants on its side?

Limbaugh used the case to rail against an over abundance of government and liberalism, asking the caller to “Join me when the government gets involved in all these other behavioral and speech things that they try to tell you and control us we can't do.” He added that he was “glad” that the case was taking place, as it would push these topics (over-governing and liberalism) into the mainstream, alerting people “to what’s happening throughout society.”

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Canadian Developer Downplays Importance of Tax Breaks

November 9, 2010 -

While game industry group TIGA continues to pound politicians on the subject of instituting Games Tax Relief for UK interactive developers, one Canadian developer feels like the UK's rich history of creating games created as tax breaks, at least when it comes to landing new publishing deals.

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Don’t Expect an R18+ Decision Anytime Soon

November 9, 2010 -

For all the Australian gamers waiting patiently for an R18+ videogame rating category, a GameSpot columnist offers some advice—don’t hold your breath.

Despite petitions in favor of the addition of an R18+ rating, sponsored by retailer GAME (which received over 72,000 signatures) and EB Games and Grow Up Australia (which was signed by over 46,000 supporters), the government continues to drag its feet when it comes to the subject.

Your Anti-Game Op-ed of the Day

November 5, 2010 -

The author of an opinion piece appearing in the Pittsburgh Tribune-Review, a piece ostensibly related to the Schwarzenegger vs. EMA Supreme Court case, takes a hatchet to videogames.

Author Jack Markowitz offers, “grudgingly,” that “the Supreme Court will uphold the precious freedom to sell stupid, overpriced electronic games to children.”

Daily Show Offers Take on Violent Game Debate

November 5, 2010 -

Comedy Central’s The Daily Show served up a segment last night offering correspondent John Hodgman’s take on the Supreme Court, Schwarzenegger vs. EMA and banning the sale of violent games to minors in California.

Hodgman, when asked by host Jon Stewart if the Supreme Court should ban violent videogames for children, responded, “No, that’s absurd John.”

He continued, tongue firmly in cheek, “Videogames are a form of expression. They are the novels of the next-generation."

Yee's Reaction to SCOTUS Arguments

November 4, 2010 -

California State Senator Leland Yee is the architect of the law at the center of Schwarzenegger vs. EMA and attended Tuesday’s oral arguments in front of the Supreme Court.

Reacting to the proceedings, Yee’s office issued a statement indicating that the Senator was “pleased” with the discussion in the nation’s highest court, and was particularly taken with the comments of Justice Stephen Breyer, who, Yee said, “… clearly understands the intent and need for our legislation to limit the sale of excessively violent video games to children.”

Yee Continued:

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UK May Simplify Corporate Taxes in Lieu of Games Tax Relief

November 4, 2010 -

During another round of Prime Minister’s Questions (PMQs) in Parliament, the subject of Games Tax Relief for interactive developers was once again broached with Prime Minister David Cameron (pictured).

This time around it was Labour MP Jim McGovern who asked about the tax breaks. Cameron responded that the government is looking into simplifying the corporation tax regime to bring it down to 24%, which would make Britain “one of the best places in the world to do business.”

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If CA Wins, DE Pol Primed to Introduce Similar Legislation

November 4, 2010 -

A trickle down effect is one of the game industry’s biggest fears if the Supreme Court does eventually rule in favor of California in Schwarzenegger vs. EMA, and one politician, known for her anti-game legislation attempts in the past, is chomping at the bit for just such an opportunity.

Delaware Representative Helene Keeley (pictured), a Democrat, attempted to introduce legislation in 2006 that would have placed violent videogames under her state’s obscenity statute. Her efforts sailed through the House, but failed to pass the Senate.

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Word Cloud Illustrates Most Used Terms in SCOTUS Arguments

November 4, 2010 -

Combine relatively new technology with the transcripts from Tuesday’s oral arguments at the Supreme Court for Schwarzenegger vs. EMA and what do you get? A rather interesting word cloud that visually illustrates the most commonly used words throughout the proceedings.

Fast Company analyzed the transcripts and infered by the prominence of words like "obscenity," "know," "whether," and "think" in the cloud that the matter is ultimately philosophical.

Indeed, in looking at the cloud, it is fascinating that the word “think” is represented in larger type than “know.”

Fast Company offered:

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Tracking the 11 AGs That Backed California in SCOTUS Case

November 3, 2010 -

A total of eleven state attorneys-general backed California in its Schwarzenegger vs EMA Supreme Court run, with ten signing on to an amicus brief (PDF) penned by the eleventh, James “Buddy” Caldwell (pictured), the Attorney General of Louisiana.

Keeping abreast of where these eleven enemies of the game industry are after Election Day could allow us to possibly anticipate what vantage point they might pull off their next attack on videogames and gamers from.

Let’s see where they are now:

Schwarzenegger Mum on Case Bearing His Name

November 3, 2010 -

For a man whose name makes up half the name of a case in front of the Supreme Court, lame duck California Governor Arnold Schwarzenegger has been remarkably silent about Schwarzenegger vs. EMA, a case which saw oral arguments presented in front of SCOTUS yesterday.

A quick look at Arnie’s tweet stream for the last week shows the Governator urging his followers to vote, congratulating the San Francisco Giants for winning the World Series, disclosing how he voted on various state propositions and congratulating his replacement, newly elected former governor Jerry Brown.

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Games Take Over Supreme Court

November 2, 2010 -

California Governor Arnold Schwarzenegger signed California Assembly Bill 1179 into law on October 7, 2005, setting off a chain of events that eventually led to today’s oral arguments in front of the Supreme Court, which will ultimately decide whether the First Amendment can stop a state from prohibiting the sale of violent videogames to minors.

Two issues are at stake for the Court to decide: Do violent games for minors fall within a category of speech unprotected by the First Amendment and does California’s ban on the sale or rental of violent videogames to minors satisfy the strict scrutiny test applicable to content-based restrictions on speech?

Arguing for the California side in Schwarzenegger vs. EMA was Supervising Deputy Attorney General Zackery Morazzini, while Jenner & Block lawyer Paul Smith took the lead for the gaming industry.

The entire time allotted for oral arguments—and questions—is one hour.

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AIAS Prez on SCOTUS Case: Respect for Yee, “Hard to Fathom” Arnie’s Motivation

November 1, 2010 -

Outgoing Academy of Interactive Arts and Sciences (AIAS) head Joseph Olin, in discussing the Schwarzenegger vs. EMA case with Techland, begins by admitting that he, along with “most of the creative and financial stakeholders of the interactive entertainment industry,” were “mystified” that the Supreme Court decided to grant California's petition for writ of certiorari.

Olin also demonstrates at least a little grudging respect for California State Senator Leland Yee, stating that he doesn’t believe Yee is doing all this as “a grandstand play or because he has designs to be the next governor…”

13 comments | Read more

Limbaugh Backs Videogame Side in Schwarzenegger vs. EMA

November 1, 2010 -

Believe it or not conservative radio host Rush Limbaugh recently came to the defense of videogames during a recent call to his radio show (thanks Kotaku!).

21-year old caller Cory from Waterville, Ohio posed the question to Limbaugh, asking if Schwarzenegger vs. EMA was a “relevant thing that the Supreme Court should ever be even considering.”

Limbaugh, in answering said that since he was 21 years old, he has “been concerned about the infringements on free speech that come from Democrat regimes and courts because I'm in the free speech business.”

Saying that he was "glad" that the case was happening, Limbaugh continued:

31 comments | Read more

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:

Dueling Opinions on Schwarzenegger vs EMA in USA Today

October 29, 2010 -

A pair of opposing editorials appear on the USA Today website, delivering two distinct takes on Schwarzenegger vs EMA.

Common Sense Media CEO James Steyer penned a piece opposing the game industry, stating that the showdown “pits the profits of a multibillion dollar video game industry against the best interests of kids.”

Steyer, whose organization backed California with an amicus brief of its own (PDF), went on to cite American Academy of Pediatrics research to back his choice of sides, research which “declared the connection between game violence and aggression nearly as strong as the medical association between cigarettes and lung cancer.”

Yee: Supreme Court Will "Provide Direction" for Future Game Laws

October 29, 2010 -

In an interview with GameSpot, Leland Yee, the California Senator who penned the state’s violent game law, expresses hope that the Supreme Court will uphold the law after hearing oral arguments next week.  But if it doesn’t…

“At the very least, I believe that the Supreme Court is going to provide some direction to legislators who are interested in limiting the sale of violent video games to children. That's because this law has been struck down twice already--there was an injunction on it which we appealed and lost. Then we went to the federal appeals court and we lost again. So I am hoping the Supreme Court will look at this issue and at least provide some guidance as to what might be possible within the framework of the law.”

Yee also discusses his lack of faith in the ESRB.

35 comments | Read more

Cameron: “Difficult Decision,” but UK Tax Breaks had to be Nixed

October 28, 2010 -

During a recent "Prime Minister’s Questions" session,  Labour MP Luciana Berger took the opportunity to question Prime Minister David Cameron (pictured) about the UK government’s decision to not institute tax relief measures for local developers.

Berger, who represents Liverpool Wavertree, stated, according to Develop, “Before the election all three parties pledged to introduce a videogames tax relief to compete internationally on a level playing-field,” before she asked the PM, “Why has the government reneged on that promise?"

Cameron began answering by stating that the government had to make “difficult decisions.”

He continued:

6 comments | Read more

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:

22 comments | Read more

 
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Andrew EisenTrue, but I liked the fact that rather than do a crappy looking version of the PS3/360 version, it went with an art style more suited to the Wii's strengths.11/23/2014 - 12:26am
Wonderkarpif I had the money, I'd buy one of those expensive proton pack replicas11/22/2014 - 11:25pm
Wonderkarpthats the wii version though. the PS3/360 version is far superior.11/22/2014 - 11:19pm
Andrew EisenOdd that there was no hose connecting the thrower to the backpack. Was there just no more horsepower left in the Wii to animate it? And did seriously no one on the dev or QA team notice the Ghostbusters patch on the player's sleeve was backwards?11/22/2014 - 11:17pm
Andrew EisenI played it one the Wii and rather liked it.11/22/2014 - 11:15pm
Neo_DrKefkaGhostbusters on the PS3 and Xbox is Ghostbusters III for me. It was a short but wonderful experience.11/22/2014 - 11:13pm
Andrew EisenGhostbusters is my number one but the other films in my top 5 are Blues Brothers, Nightmare Before Christmas, Little Shop of Horrors (the Frank Oz one) and Jaws.11/22/2014 - 11:05pm
Wonderkarpso interesting info about that blocklist I'm on https://pbs.twimg.com/media/B3GOLniCUAAnHbP.png11/22/2014 - 10:54pm
Wonderkarpspeaking of game swag, went to a GTAV midnight release at a gamestop. I was getting WWE2k15. First in line so I got 2 free posters and a free Los Santos Sherrif hat that doesnt fit my head. Still sits proudly on a shelf11/22/2014 - 10:34pm
Wonderkarpno pics though cause I'm going to be moving soon hopefully so I'm not too keen on working on it, other than buying some stuff.11/22/2014 - 10:33pm
WonderkarpGhostbusters, Alien, and Aliens make up my top 3 favorite films. Its not a Coincidence that Sigourney Weaver is my favorite Actress11/22/2014 - 10:31pm
Andrew EisenIf you do build a game room you're proud of, do post pics.11/22/2014 - 10:31pm
Andrew EisenGhostbusters! My favorite movie.11/22/2014 - 10:21pm
Wonderkarpthough not strictly games. I have Lightsabers mounted on the wall, and on a shelf you'll see the Infinity Gauntlet, the Ocarina of Time, a Sith Holocron, and some of my Ghostbusters Props11/22/2014 - 8:57pm
Wonderkarpswag of all kinds, Andrew. I'm trying to build a game room as impressive as AVGNs nerd room. I'm also trying to build a coffee table/storage space shaped like a NES Controller11/22/2014 - 8:55pm
E. Zachary KnightI need new controllers for my Gamecube. Its not everyday you can get brand new 1st party controllers.11/22/2014 - 8:51pm
Andrew EisenPredominately figurines or swag of all kinds?11/22/2014 - 8:37pm
WonderkarpI would like a new gamecube controller....but I also just like gaming swag....11/22/2014 - 8:32pm
Andrew EisenI'm just waiting to buy a new Gamecube controller for my Gamecube.11/22/2014 - 7:15pm
Wonderkarphttp://kotaku.com/smash-bros-gamecube-adapters-sold-out-online-prices-g-1662162871 Smash Bros Gamecube adapter sold out, online prices go nuts11/22/2014 - 6:50pm
 

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