A Legal Analysis of Brown v. EMA

July 8, 2011

            No doubt everyone has heard the good news out of the Supreme Court last week. Video games are saved from government censorship based on violent content, California’s law prohibiting the sale of violent video games to minors is invalid, good times had by all. This article is for those curious as to the how and why of this outcome, and will take readers through the Court’s principal opinion written by Justice Scalia (which is the governing law and will be used as precedent everywhere in the US from now on) as well as touch on a few points from other opinions penned by other Justices.

 

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Frogster Tries to Address Elin Race Censorship Controversy

May 14, 2012

In a lengthy interview with Eurogamer, Frogster's Lucile Le Merle tries to explain why European publisher censored the scantily clad Elin race in TERA. In South Korea the game features this female race in skimpy outfits revealing their panties, but in Europe and the U.S.

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Court Orders Five More Dutch ISPs to Block The Pirate Bay

May 10, 2012

Emboldened by The Court of The Hauge’s January ruling that two of the Netherlands’s largest ISPs must implement a DNS and IP block of The Pirate Bay, anti-piracy group BREIN went ahead and sued a few more Dutch ISPs to censor the site.

Well, chalk up another success for BREIN because the Court has ruled that UPC, KPN, Tele2, T-Mobile and Telfort must also block The Pirate Bay.  The blocking order covers 20 specific domains such as ThePirateBay.org, ThePirateBay.se, ThePirateBay.com, DePiraatBaii.be and TheMusicBay.net.

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Frogster to Return Blood to European TERA Players Next Week

May 10, 2012

You may recall last month that European players of the MMO TERA were up in arms over the fact that the game in their region had been stripped of blood. They started a petition and took to forums to complain about it with much gusto.

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Microsoft Dialing Sexy Back in Windows Phone Marketplace

May 2, 2012

Microsoft has decided that it’s time to eliminate some of the "racier" apps that are available on Windows Phone 7's app store. The announcement was made by Todd Brix, Microsoft's senior director for Windows Marketplace, on the company's blog.

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Microsoft Rejects Windows Phone Game Because 'Flushing Toilet Sounds' Offend Asians

April 20, 2012

A game called Occupied Forever can't get certified from Microsoft for release in China because the flushing sounds it contains apparently offend Asians. At least that's what Austrian indie developer Christian Zangl claims Microsoft told him when they rejected his game from Windows Phone Marketplace in the region.

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Reason TV: Too Much Copyright

April 19, 2012

Libertarian-leaning publication Reason Magazine offers a new episode of Reason TV called, "Too Much Copyright?" in a brand new video featuring Ben Huh, CEO and founder of Cheezburger; law professor Tom Bell; and MPAA's head content protection counsel, Ben Sheffner. Host Zach Weissmueller asks all three about the current state of copyrights laws, their effectiveness, and the push for new laws like SOPA and PIPA. Check out the video to your left.


Nintendo Says 'No' to Binding of Isaac on 3DS

February 29, 2012

According to several Tweets last night by indie developer Edmund McMillen, Nintendo has decided not to allow The Binding of Isaac on the 3DS.  Nintendo itself has released no statement but McMillen, one of the game’s designers, speculates that it’s the religious context of the game that’s giving the publisher pause.

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Joustin' Beaver v. Justin Bieber

February 28, 2012

Android app developer RC3 has decided that it will fight lawyers representing teen heart throb Justin Bieber who sent the company a cease and desist over its game "Joustin' Beaver." The developer has preemptively filed a lawsuit against Bieber claiming that its game is a parody and therefore protected under the First Amendment. 

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The Pirate Bay Faces ISP-Level Blocking in the UK

February 20, 2012

Nine recording labels (EMI, Polydor, Sony, Virgin, Warner, and more) asked the UK High Court to block The Pirate Bay, claiming that it infringes on their copyrights and that several ISPs (BSkyB, BT, TalkTalk, Telefonica and Virgin Media) need to implement a block of the site under Section 97A of the Copyright, Designs and Patents Act.

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Oklahoma Lawmakers Introduces Bill to Tax Violent Video Games

February 1, 2012

An Oklahoma lawmaker has introduced a bill in the state legislature that would impose a tax on "violent video games" to help fight childhood obesity and bullying. Oklahoma State Representative William Fourkiller (D-Stilwell) introduced bill HB 2696, which would add a 1 percent tax on games rated Teen, Mature, and Adults Only by the ESRB. These funds would be used for fighting childhood obesity and bullying. 

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Forbes Explains Why the ESA Shouldn't Support SOPA

January 5, 2012

Forbes has an excellent editorial up about the ESA's support of the Stop Online Piracy Act that does a great job of explaining - in simple English - how it could affect every day web sites who might not necessarily be engaged in anything but providing content.

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Belarus Declares Foreign Web Site Surfing Illegal

January 3, 2012

Starting January 6th, Belarus, a former Soviet state that became independent in 1991 after the collapse of the Soviet Union, will restrict what its citizens can do on the Internet, thanks to new legislation. The new law requires that anyone doing business in the country must utilize fully local Internet domains when carrying out their activities online. Basically, this law criminalizes the use of web sites such as Amazon or Google if they don't have a web site within the country.

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Joke License App Gets Pulled, Senator Celebrates

December 14, 2011

It didn't take long for one misinformed and overzealous lawmaker to help get a poor developer's app removed from Apple's store. The app in question, " Driver License," allowed users to create a mock driver's license to entertain and amuse friends. But Senator Bob Casey (D-PA) didn't see the fun in it, and was concerned that it could be used to create a license. Apparently the Senator believed that this program was so sophisticated that a terrorist could download the app and make a fake ID on the fly for some nefarious purpose.

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Google Street View Shooting Game Takes a Bullet

December 14, 2011

While it might have been a clever use of Google's Street View (part of Google maps), Google isn't patting the developer of a first-person shooter game that used the 3D panoramic imagery from the service captured by Google. Instead they have put a bullet right between the eyes of "Google Shoot View." The game was created by Dutch digital ad agency Pool Worldwide said that it created the game to promote its unique marketing services.

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Techland Not Shocked About Dead Island Ban in Germany

November 29, 2011

Dead Island has been banned in Germany, and while that's not a surprise to gamers around the world, what is surprising is developer Techland's response to it. Speaking to GameIndustry.biz Germany, a Techland spokesperson said that they expected this to happen.

"This isn't unexpected," said a Techland spokesperson. "Germany has its unique regulations regarding video games and violence and the industry can only comply. "Both Deep Silver and Techland were aware of such a possibility from the very beginning."

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Reddit Users Imagine Censorship-Free Internet

November 28, 2011

 Internet users are wary of the U.S. House's Stop Online Piracy Act and the Senate's PROTECT IP Act, and are already thinking of ways to get off the Internet the government hopes to to control very soon. One such movement came to fruition on Reddit, where outraged users decided that they needed to come up with some solutions.

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Iran Bans Battlefield 3

November 28, 2011

Iran has banned Battlefield 3 from being sold in the country because it depicts a U.S. military assault against the city of Tehran using tanks and aircraft. This news comes from the Iranian IT magazine.

"All computer stores are prohibited from selling this illegal game," said an unnamed deputy with the security and intelligence division of Iran's police in a statement carried by the Asr-e Ertebat weekly.

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'Saints Row Penetrator' Altered In Saints Row The Third for Japan

November 11, 2011

Ding.Dong.Ditch. It looks like Japan is not comfortable with the giant sex-toy weapon in Saint's Row The Third. Even though the game received the highest rating it could for its content in the region (CERO Z - basically adults only), the "Saints Row Penetrator" had to be altered for the game to be released in the region.

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BPI Demands UK ISP BP Blocks The Pirate Bay

November 4, 2011

UK lobby group BPI is demanding that UK internet service provider BT block access to the BitTorrent file sharing website, The Pirate Bay. If they do not, the group says it will take legal action against them to make it happen anyway. BT tells the BBC that it has received a letter from the group and that it is considering its response to it.

The ISP said that it would not take action against the site unless a court order was issued, but a source told the BBC that the firm was unlikely to fight a lengthy legal battle like it had in the Newzbin 2 case...

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Righthaven Takes $120K Hit in Latest Lawsuit

October 28, 2011

Righthaven has been ordered to pay nearly $119,488 in attorney fees, court costs after losing a lawsuit against former federal prosecutor Thomas DiBiase. The company, which trolls internet sites and sues them for alleged newspaper copyright infringement (it represented the rights of the Las Vegas Review-Journal in this case), couldn't afford to pay a previous judgment of $34,045, and likely faces an even bigger judgment in another case involving the Democratic Underground.

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Freedom of Information Act Change Would Give Government License to Lie

October 25, 2011

A proposed rule change to the Freedom of Information Act would give federal agencies a special exemption when it comes to certain types of information requests. The change would allow agencies to tell citizens requesting certain law-enforcement or national security documents that records don’t exist – even when they do.

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Group Uses Justin Bieber to Counter Anti-Piracy Bill

October 20, 2011

Using Justin Bieber (of all people) as a focal point for their message an advocacy group has created a campaign to warn U.S. citizens of the dangers found in an anti-piracy bill pending in the Senate. The bill, which was approved in the Senate Judiciary Committee approved the bill in June, would make it a felony for users to post unlicensed content online 10 times in 180 days. The bill is backed by the Recording Industry Association of America, the Motion Picture Association of America and the U.S. Chamber of Commerce.

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Sony Adds Mandatory Arbitration Clause to PSN ToS

September 15, 2011

If you are a member of Sony's PlayStation Network, chances are you were greeted with an email from the company this morning telling you that that the terms of service for the network are about to change. The big change, in case you haven't received that email yet, relates to your ability to sue them. From section 15 comes this wonderful new clause:

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Phone Story Pulled from Apple's App Store

September 14, 2011

Apple has taken down a game that is overly critical of the process by which most smart phones are made because it highlights the exploitation of workers and the environment. The game is called Phone Story and using a simple gameplay mechanic, shows how workers in third-world countries are treated. Perhaps the game was a little too controversial (or hit too close to home) for Apple, who pulled the game from its App store without public comment.

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Why Civilians are Off Limits in Battlefield 3

August 30, 2011

Rock, Paper, Shotgun has an interesting article on Battlefield 3 that explains why you can't shoot civilians in the game. Apparently EA decided to make it so that players couldn't just gun down innocents in the game. It's an interesting policy considering that some might consider taking away that option as removing some of the realism that games such as Battlefield 3 and Call of Duty Modern Warfare 3 are promising.

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Deus Ex: Human Revolution Slightly Censored for Japan

August 8, 2011

If you happen to live in Japan, you may or may not notice (you will now because we're telling you about it right here, so "you're welcomed") that the Japanese retail version of Deus Ex: Human Revolution has undergone two edits to protect audiences from "body organs and sexual objects."

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ACL Calls for Ban on Games in Wake of Norway Massacre

July 25, 2011

The Australian Christian Lobby has called for games to be banned if they contain violence that is "excessive or gratuitous." The call came as the world digests the bizarre rambling of a 1500-page manifesto written by Norwegian killer Anders Behring Breivik and released online shortly before he killed 76 people in and around Oslo, Norway.

The Australian federal government said yesterday that Breivik committed his crimes because there is "something clearly intrinsically wrong with him", not because he played violent video games.

NSW Greens MP David Shoebridge did say that Modern Warfare 2 should be reviewed to have a more restrictive R18+ rating in the country. It is currently rated MA15+.

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Report: Star Wars Galaxies Players Plan Class-Action Lawsuit

June 29, 2011

VentureBeat is reporting that more than 50 Star Wars Galaxies players plan on filing a class-action lawsuit against Sony Online Entertainment tomorrow in Washington D.C. Several players have emailed VentureBeat indicating that they will join the class-action lawsuit concerning SOE shutting down various petitions to keep the game alive. The company announced late last week that it would shut down the game at the end of this year.

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Catherine Troublesomely Sexy For Public Adverts

June 21, 2011

The good news is Atlus’s ultra-weird dating sim/puzzler will be getting a completely uncut release in the US.  Hooray!

The bad news is the cover art’s been tweaked a bit in order to make it happen.  You can see the difference to the left.  Why the change?  Jeremy Cail, a creative designer for Atlus' US branch says retailers were a bit squeamish about the somewhat risqué original covers.

“We have two different versions of Catherine cover art.  There's already two different versions, one for both the PS3 and Xbox 360, but the altered imagery was at the request of some our retail partners. They wanted the change in case people got the wrong idea about the game... or, as I see it, the right idea about Catherine! No change to the games themselves – the disc themselves are the same.”

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ZippyDSMleeTIme or an operation!05/24/2012 - 6:43pm
ZippyDSMleePC parts are in wish me luck or hell!!05/24/2012 - 6:43pm
MaskedPixelante38 Studios and Big Huge Games are pretty much dead now. http://www.joystiq.com/2012/05/24/38-studios-and-big-huge-games-lay-off-entire-staffs05/24/2012 - 4:39pm
DorthLousActually, nop, I did miss the emoticon for some reason (getting used to pics?) and I didn't know you changed it since (since I posted previous to my shout and it was still there.) Anyhow, thanks for taking it out!05/23/2012 - 6:01pm
james_fudgeWell we were just testing it. but it is still on the submission to fight $pam.05/23/2012 - 5:48pm
E. Zachary KnightJames, No I don't have it. I was just wondering who does and why. More curiosity than anything.05/23/2012 - 5:38pm
james_fudgeDid you not see the emoticon and did you not see that it has already been changed back?05/23/2012 - 5:10pm
james_fudgeLOL05/23/2012 - 5:07pm
DorthLousWhy? Not shocked that people are barking to an additional hoop to jump through when posting from their already logged in account or just mentionning this to try to paint me as one always complaining?05/23/2012 - 4:45pm
james_fudgebig shock there ;)05/23/2012 - 4:30pm
DorthLousI'll add my voice to those wanting it gone :S I'm already logged in, I don't need a captch'a. That's for those registering.05/23/2012 - 3:54pm
james_fudgeEt tu EZK?!?05/23/2012 - 3:51pm
Craig R.I'm a One Man Quorum! And it's working for me now, thanks. :)05/23/2012 - 3:48pm
E. Zachary KnightHow do we determine who get's the game/captcha thingy? Is there a certain posting threshhold users have to meet before it is turned off?05/23/2012 - 2:25pm
james_fudgeGive it a chance, we're still adjusting it ;)05/23/2012 - 11:20am
james_fudgeOne does not a Quorum make Craig.05/23/2012 - 11:16am
Craig R.If I complete the stupid game, and it just deletes my comment, what's the point?05/23/2012 - 11:15am
Craig R.Ok, the little captcha game? You can get rid of it already.05/23/2012 - 11:13am
Craig R.FCC boss is giving the thumbs up to usage-based pricing for Internet access05/23/2012 - 11:08am
Andrew Eisenbeemoh - Yeah, Miyamoto was awarded the Spanish prize for Communication and Humanities.05/23/2012 - 10:36am

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