Report: ESA Spent $3.9 Million in 2013 Fighting Against State and Federal Anti-Videogame Legislation, Lobbying

December 11, 2013 - GamePolitics Staff

According to a Wall Street Journal report (membership required), the Entertainment Software Association (ESA) spent a considerable amount of money and effort in fighting anti-videogame laws in Connecticut, Massachusetts, Maryland, and New Jersey - and in Oklahoma last year. Many of the bills have either died or are locked in legislative committees waiting for approval.

The ESA is also taking aim at a federal bill, according to records and a co-sponsor of the bill.

Microsoft and the ESA Host High-End Xbox One Party for D.C.'s Elite

November 15, 2013 - GamePolitics Staff

While we don't have any specifics on what went on at this swank press event for the Xbox One, it sounds exciting. Apparently - according to 69 party photos posted on Revamp, the Entertainment Software Association and Microsoft put on a swank reveal party for the Xbox One in Washington D.C. The catered event at the W Washington, D.C. hotel was attended by members of Congress and Obama administration officials, according to the site.

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Report: The ESA Spends More on Lobbying than the NRA - On Paper

July 16, 2013 -

In an extensive report on lobbying efforts in Washington, Games Industry International reveals that the Entertainment Software Association (ESA) spends more on lobbying efforts than the National Rifle Association - on paper, at least. But in reality a good lobbyist knows all the tricks of influence peddling through other spending that doesn't have to be reported because it isn't technically considered lobbying.

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Activision Blizzard Rejoins ESA

July 8, 2013 -

The Entertainment Software Association (ESA) announced today that Activision Blizzard has rejoined the trade group as a member after a five year absence. Chinese firm Tencent also joined the association as a member.

Tencent owns League of Legends developer Riot Games and owns a stake in Epic Games.

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ESA Releases 2012 Annual Report

May 28, 2013 -

The Entertainment Software Association (ESA) released its 2012 Annual Report (PDF) today, revealing that it sent a total of 3.4 million takedown notices for copyright infringement and helped remove more than 99,500 Google links containing infringed game files during 2012. The trade group that represents the video game industry (and operates the ESRB and the E3 trade show) also said that it helped to create a 10 percent decrease from 2011 in the speed of removing infringing files.

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ESA Hires Washington Insiders for Lobbying Efforts in D.C.

March 13, 2013 -

The Hill reports that the Entertainment Software Association (ESA) has hired former Capitol Hill aides Ali Amirhooshmand and Danielle Rodman. Amirhooshmand and Rodman will serve as directors of federal government affairs for the games industry lobbying organization.

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ESA Plans Public Service Announcements to Educate The Public About the ESRB and Parental Controls

March 11, 2013 -

Given a recent Harris national poll showing that a good majority of respondents either didn't know that much about the Entertainment Software Ratings Board's ratings classification for games or thought they were ineffective, the Entertainment Software Association makes a smart play today by announcing a new national public education campaign to educate American parents further about the tools and information available.

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Entertainment Software Association of Canada Gets New CEO

October 19, 2012 -

The Entertainment Software Association of Canada announced that Jayson Hilchie is the new president and CEO of the lobbying group for the Canadian video game industry. Before taking on this new leadership role, Hilchie previously served in a similar role at Nova Scotia Business Inc., where he helped foster growth in that region's video game industry by aiding such studios as Longtail, Frontier Developments, and Radian6 establish offices in Halifax.

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ESA Drops Support for PIPA, SOPA

January 20, 2012 -

The Entertainment Software Association announced that it no longer supports the Stop Online Piracy Act or the Protect IP Act. In a statement released today the trade group representing the video game industry said that it had always intended to support a bill that was balanced and fair.

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Andrew Eisen Video: ESA Supports SOPA

January 19, 2012 -

Andrew Eisen gives us a visual representation of how gamers felt when they heard the news that the Entertainment Software Association (ESA) was supporting the Stop Online Piracy Act. Is this the thanks gamers get from the trade group representing the video game industry after all of their hard work in Brown v. EMA?

We'll let you judge for yourselves. This is probably the best video Andrew has ever made, in my humble opinion. Watch it to you left and be sure to stop by Andrew's YouTube Channel to subscribe.

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ESA Spends $190k to Lobby Lawmakers about PIPA

January 16, 2012 -

What level of commitment does the Entertainment Software Association have in the anti-piracy bills before lawmakers? About $190,000's worth according to a Kotaku report.

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Video Game Voters Network SOPA Backlash on Facebook

January 10, 2012 -

Maybe the comments on the Video Game Voters Network (the Entertainment Software Association's advocacy group for gamers) Facebook page are purely anecdotal, or represent what Lamar Smith (the Texas Republican Congressman who is to lead sponsor on the Stop  Online Piracy Act) calls a very "vocal minority," but the entire page seems to be inundated with negative comments.

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Rock, Paper, Shotgun's Big SOPA List

January 5, 2012 -

Rock, Paper, Shotgun has put together a nice little list of where each member of the ESA stand on SOPA. While many of the member companies have not responded, the list shows that - when pressed - many don't support it.

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Capcom Confirms Support of SOPA Through ESA

January 5, 2012 -

A report on Digital Trends confirms that Capcom supports the efforts of the ESA as it relates to the Stop Online Piracy Act, though the confirmation is merely one sentence from a Capcom representative.

When asked about the company's support, Capcom's representative responded in an email saying "The ESA represents us on these matters."

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Epic: We Do Not Support SOPA in its Current Form

January 5, 2012 -

In a brief statement on the official Epic Games forums, PR Manager Dana Crowley shared the company's position on the Stop Piracy Online Act. The short story is that they do not support it in its current form.

Epic also acknowledges that they are a member of the Entertainment Software Association, which strongly supports the house bill that will be taken up again by the House Judiciary community on January 23. 

From the Epic forums:

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ESA Stands By SOPA

January 3, 2012 -

Take a look at this list. We love the companies on this list because, for the most part, they make great games. The problem is that they are members of the Entertainment Software Association (ESA), and by proxy they support SOPA. And, according to the statement issued to Joystiq today, the ESA is not backing down from that support.

In a statement emailed to Joystiq, the trade group said the following:

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Serious Sam: Double D Developer Asks ESA Members to Fight SOPA

January 3, 2012 -

Nathan Fouts of Mommy's Best Games - the company behind Serious Sam: Double D - has written an open letter to members of the Entertainment Software Association (ESA) asking them to urge the trade group to drop its support of SOPA. He also urged gamers, supposedly represented by the ESA and its Video Game Voters Network, to urge the group to drop its support of the bill as well.

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Jim Sterling's Open Letter to the ESA on SOPA

January 2, 2012 -

Destructoid's irreverent and outspoken Jim Sterling pens an open letter to the Entertainment Software Association (ESA) to point out their hypocrisy for supporting free speech in one instance and then going against it in another. 

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ESA Calls 2011 a Remarkable Year for the Games Industry

December 22, 2011 -

Entertainment Software Association (ESA) CEO Mike Gallagher has written a letter to the industry and the public calling 2011 "historic." One of the key reasons 2011 was such a great year for the games industry and gamers was because of the Supreme Court's decision in Brown v. EMA, which shot down the California anti-video game law penned by California State Senator Leland Yee (D- San Francisco) - though there were certainly plenty of other milestones to celebrate. 

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ESA Spent $1.1 Million on Lobbying Efforts in Q3 2011

November 30, 2011 -

The Entertainment Software Association, the trade group that represents the video game industry, spent almost $1.1 million in lobbying efforts in Washington D.C. in the third quarter of 2011. The group lobbied on a variety of issues such as energy efficiency, entertainment industry ratings, parental control technology, foreign trade policy reform, the H1-B visa program, piracy, and copyright issues. The group spent about the same amount of money that it did in the second quarter of this year - slightly less than in the third quarter of 2010.

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Former ESA Head Replaced as CEO at Private Equity Growth Capital Council

August 23, 2011 -

The Private Equity Growth Capital Council announced today that has replaced chief executive officer Douglas Lowenstein, with the group's current Vice President of Government Affairs Steve Judge. Judge will serve as interim CEO while the trade group hunts for a new head.

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ESA Spent $1.1 Million in Q1 for Lobbying

June 28, 2011 -

According to a Bloomberg report, The Entertainment Software Association spent around $1.1 million in the first quarter of 2011 on lobbying efforts in Washington D.C. The trade group that represent the interactive entertainment industry in North America spent that money on lobbying federal agencies and Congress on the regulation of game content, international trade, the First Amendment and other issues, according to a disclosure report. The ESA (as a participant alongside the Entertainment Merchants Association) scored a victory Monday when the Supreme Court struck down the 2005 California law banning the sale and rental of violent video games to minors.

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ESA SCOTUS Press Release

November 2, 2010 -

The Entertainment Software Association issued a press release (here) detailing its efforts at the Supreme Court today.

Overall, the trade group dedicated to the video game industry was satisfied with how things went inside the court room and predicted that this decision - when it comes - could put an end to laws like the one California is proposing. The ESA and EMA were supported by friends of the industry that see California's law as an infringement on free speech rights.
 

The short story is that the ESA thinks the California law is wrong-headed, misguided and unconstitutional. The long story can be found below:

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ESA Lobbying Efforts Down in Q2

July 29, 2010 -

The Entertainment Software Association spent $1.1 million during the second quarter of 2010 lobbying politicians on a number of issues including regulation of video game content, First Amendment protection, parental control technology and other issues, according to an Associated Press story, citing a recent disclosure report.

The ESA's lobbying efforts are down from $1.2 million, or 5 percent in Q1.

From April to June the ESA also lobbied lawmakers on copyright enforcement, green cards for skilled foreign workers and the H1-B visa program, which allows foreign workers in specialized and advanced-degree positions to work in the country temporarily. In its lobbying efforts the ESA sought the help of Congress, the Federal Trade Commission, Federal Communications Commission, the Department of Homeland Security, the FBI and other agencies, according to a report filed on July 20 with the House clerk's office.

Source: AP

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ESA Spends $1.2 Million in Q1 Lobbying Efforts

June 4, 2010 -

The videogame industry lobby, the Entertainment Software Association, spent nearly $1.2 million USD during the first quarter of this year to lobby on a variety of issues including the regulation of video game content, First Amendment protection, copyright enforcement and other issues, according to an Associated Press story citing a recent disclosure report. The lobbying effort is up 23 percent from the fourth quarter of 2009, where the ESA spent $980,000.

From January - March of this year the ESA also lobbied on broadband deployment, green cards for skilled foreign workers and the H1-B visa program. The increased efforts probably have a lot to do with the Supreme Court's review later this year of California's Videogame law..

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Congressional Anti-Piracy Caucus Singles Out Five Nations

May 22, 2009 -

On Wednesday game publishers' lobbying group ESA issued a press release praising members of the bipartisan Congressional International Anti-Piracy Caucus for singling out Spain, Canada, Mexico, Russia and China as anti-piracy priorities for 2009.

ESA CEO Michael Gallagher praised the IAPC in a press release:

We thank the Caucus for this year issuing a challenge to Canada and Mexico to pass additional legislative protections – such as prohibitions on ‘mod chips’ and other circumvention devices that are used to play pirated games – and to follow through with greater enforcement and border controls.

We also thank the Caucus for highlighting the severe problems that exist for our industry and other copyright industries in Spain. Online and peer-to-peer piracy are rampant and virtually unchecked in Spain and in other major European markets...

But Nick Farrell of the U.K.-based Inquirer, doesn't think much of the caucus, implying that the senators and representatives on the IAPC have been lobbied by the RIAA and other IP rights holders. Farrell writes:

The RIAA has got its tame politicians in the US congress to rail at other nations that don't hold such a jack-booted attitude toward copyright infringement as the Land of the Free...

[IAPC] singled out Baidu, China's largest Internet search engine, as being "responsible for the vast majority of illegal music downloading in China." That's interesting, because Baidu does the same thing as Google which, as a powerful US company, the music industry has not dared to denounce...

It seems almost as though the entertainment mafiaa would like the US to mount a cross-border raid into Canada over its perceived lack of draconian copyright enforcement and wants the US to treat its NATO ally Spain as a pariah for having the temerity to say that peer-to-peer file sharing over the Internet isn't a crime.

ESA Boss Answers 10 Questions... GP Has One More

November 26, 2008 -

GameDaily is running a feature in which ESA boss Michael Gallagher answers 10 questions from readers.

Although it sounds juicy, there are no real fireworks in either the questions and answers. Here's a sample:

9. What areas of the ESA do you feel need improvement in terms of serving the needs of the U.S. game industry, and what are you doing to address these?

Fixing the E3 Expo is a critical step forward. We need an industry event that captures the energy, creativity, and growth on our entertainment medium. I look forward to the lift ESA will get from the much improved show next June. In addition, it is critical for our industry to elevate its participation in the political process – through the ESA PAC as well as through the hundreds of candidates ESA supported on the state level. We need to boost those resources and improve targeting going forward.

On the grass roots level, we need to continue to grow, excite, and unleash the Video Game Voters Network in the policy arena... The video game industry is dynamic and fast-growing – and ESA must continue to foster and represent those qualities on behalf of the industry, its innovators, entrepreneurs, artists, and consumers.

Gallagher also talks about his view of what the Obama administration will mean for games. Interesting, but he has already tackled this subject in some detail.

GP: I would have liked to have asked if Gallagher really imagines that the VGVN can legitimately represent game buyers when game sellers are paying the freight? Isn't that a bit like asking General Motors to represent drivers?

Sure, the interests of gamers and publishers converge on issues like censorship. But those interests diverge wildly when it comes to a number of issues which affect consumers such as DRM, the DMCA and used game trades.

And, yes, I recognize that I've got an inherent conflict of interest on this topic due to the ECA's ownership of GamePolitics. It's really the main reason I haven't been more vocal on this issue. But given the many controversies over anti-consumer measures like SecuROM, I'm frankly surprised that other outlets in the gaming press don't weigh in.

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ECA's Hal Halpin Dissects the Political Side of Gaming

November 23, 2008 -

In a no-holds-barred interview with Crispy Gamer, Entertainment Consumers Association president Hal Halpin dishes on the uneasy relationship between Washington, D.C. and the video game community.

As part of his leadership role with the ECA, Hal does quite a few interviews, but this one with CG's James Fudge is probably the most in-depth yet. Here are some of Hal's thoughts:

On game publisher group the ESA's new (in 2008) practice of making campaign donations:

The [ESA] represents the rights of game publishing companies and as such has a duty to do what it can to influence legislators by lobbying. I know that starting up a PAC (Political Action Committee) was a decision that they grappled with for over a decade... PACs can be effective tools, but yes, you do run the risk – nowadays – that the ends may not justify the means...

On game ratings and whether the industry does enough to keep mature-themed games away from minors:

I’ve been a fan of ESRB for quite some time. Of all of the ratings systems... it really is the most comprehensive and valuable... That said, there’s always room for improvement. Perhaps ESRB having more independence from the ESA would be one great step. Another might be to work more closely with us... which we’re working on...

 

I do [think the industry is well at keeping M-rated games away from minors]...

On supposed tensions between the ESA (publishers group) and the ECA (consumers group):

We should be clear that the ESA represents the rights of game publishing companies, not gamers... It’s a trade association that looks after the interests of their member corporations... That said, much of the legislative work that the ESA has done over the years, with regard to First Amendment in particular, has benefitted the sector as a whole – gamers included.

 

As Mike Gallagher (ESA president) and I have discussed several times, the vast majority of the time ESA and ECA are on the same page... but there are clearly other times where our interests are necessarily divergent. Inherently, Mike’s issues will sometimes be in opposition to the best interests of consumers solely because they’re in the best interests of publishing companies...

On frequent game violence critic Sen. Joe Lieberman (I-CT):

Joe Lieberman has been largely misunderstood and painted with a very broad brush in my opinion. While I haven’t agreed with much of what he has said in the past, he alone among legislators was responsible for effecting non-legislative change in our business and did it with a lot of class, I might add.

 

Again, back when I was running [game retailers group] IEMA, I received a call from one of his staff inviting me to his office in Hartford. We had a frank meeting in which he requested that game retailers begin carding for the sale of mature-rated games in much the same way that movie theatre owners were doing, via self-regulatory efforts, with R-rated movies. The IEMA retailers... met the challenge head-on and reacted quickly and efficiently – changing the way in which games were sold, forever.

On game rentals and used game trade-ins by consumers, which some publishers and developers would like to see ended:

I understand the concerns that developer friends of mine have about not getting a second bite of the apple... In the movie business, they produce a theatrical version and then DVD, Blu-ray, Video on Demand (VoD), PSP and pay-per-view versions...

 

[Game biz types] see rental and used as businesses in which they don’t get to participate. And while I understand and appreciate their perspective... I’m still not convinced that rental and used are bad for the sector. We’ve witnessed how rental has provided a low-cost venue for people to try before you buy; same for used...

On the U.S. Supreme Court and its potential impact on video games:

Well, [a change in the balance of the court] will most definitely present a problem for the industry, but not necessarily consumers. The more conservative judges are also the ones that tend to side with intellectual property owners over consumers, for instance. Tech policy is in for a major shift from the right to the left in my opinion, and that would be very good for consumers, but quite disconcerting for the IP-concerned trade associations (MPAA, RIAA and ESA).

 

We’ve also heard that the conservative judges would be more likely to be open to anti-games/gamer bills, so a shift to the more liberal side would be good for both the trade and consumers in that regard.


Hal also points interested gamers to a detailed listing of ECA's position statements.

FULL DISCLOSURE DEPT: The ECA is the parent company of GamePolitics.

ESA Contributes to Obama Campaign Co-Chairman, Others

October 17, 2008 -

Congressman Jesse Jackson, Jr. (D-IL), national co-chair of Barack Obama's presidential campaign, was among recipients of 3rd quarter campaign contributions from the video game industry's political action committee. Jackson (left), who received $1,000, is the son of the Rev. Jesse Jackson.

As GamePolitics has previously reported, the Entertainment Software Association, which lobbies on behalf of U.S. game publishers, formed its PAC late last year and began making contributions in 2008.

In addition to Jackson, 3rd quarter campaign donation recipients include:

  • $1,000 - Sen. Gordon Harold Smith (R-OR)
  • $2,300 - Rep. Mary Bono Mack (R-CA)
  • $1,000 - George Radanovich (R-CA)
  • $1,000 - Debbie Wasserman-Schultz (D-FL)

Contributions to the ESA PAC came from:

  • $5,000 - Walt Disney Employees PAC
  • $250 - EA P.R. exec Jeff Brown

It's always entertaining to guess why the ESA chooses to fund particular candidates. In Jackson's case, the strong Obama connection is a significant clue. In addition, the seven-term Democrat is a member of the House Appropriations Committee. His family connections can't hurt, either, although he has occasionally been put in the position of doing damage control over comments made by his father.

Bono Mack, a moderate Republican, has been a strong supporter of copyright protections in the past, which makes her a natural ally of video game publishers. The ESA PAC actually made a contribution to her in the first quarter, but it appears that the check wasn't cashed for some reason and was re-issued.

Smith is a moderate Republican who serves on the Senate Commerce Committee. He has a track record of supporting IP content owners, so it's not difficult to guess why the ESA would look favorably upon his re-election. As a longtime Tivo and DVR user, GP notes this rather disturbing passage from Smith's Wikipedia page:

In January 2006, Smith began circulating a draft of the Digital Content Protection Act of 2006... The legislation would grant the Federal Communications Commission the authority to authorize a technology known as the "broadcast flag." This technology would enable the producers of television programming to ensure the programs cannot be recorded by viewers in their homes, for instance using a digital video recorder like TiVo or onto recordable DVDs.

Wasserman-Schultz seconded Obama's nomination at the DNC and serves on the House Appropriations and Judiciary committees. Radanovich is a conservative Republican who serves on the House Committee on Energy and Commerce. Why these two members of Congress were selected for support is not clear.

For a copy of the ESA PAC Q3 report click here.

For previous GamePolitics coverage of ESA campaign contributions, click here.

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Spreading Some Cash: ESA Expands Political Donations

July 28, 2008 -

As GamePolitics reported in May, the ESA's plan to win political influence through campaign donations got off to a slow start in 2008, spreading just $4,300 among three members of Congress.

But the software publishers' lobbying group dramatically increased its political donations in the second quarter of of the year.

Using publicly available records, GamePolitics has learned that the ESA wrote checks totaling $19,000 to 17 separate candidates for the U.S. House and Senate. Two U.S. Senators received $2,000 campaign donations, while the remaining 15 recipients each received $1,000.

All recipients are incumbents. Seven senatorial and ten congressional campaigns received donations. Nine recipients are Democrats and eight are Republicans.

Recipients of ESA Q2 donations include:

GP: The notes which follow some of the names are just ballpark guesses as to why a particular recipient may have been of interest to the ESA politically.

As to where the money came from, EA CEO John Riccitiello and Sony CEO Jack Tretton each ponied up $5,000, as did the Microsoft Corporation Political Action Committee.

 
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E. Zachary KnightNot owning a WiiU helps too.10/21/2014 - 11:39am
E. Zachary KnightI have avoided Skylanders and Disney Infinity so far, so I don't see how Amiibos will get me in their grasp.10/21/2014 - 11:39am
Andrew EisenYes, GamerGate has a lot of fair-weather friends.10/21/2014 - 11:25am
Neo_DrKefkaI'm disheartened we have a group of people in Gamergate such as The Ralph Retort that is using Gamergate to prop themselves up but they are acting just like those they are fighting against. Only gaming site coming out of gamergate that worthy is TechRaptr10/21/2014 - 11:17am
Andrew EisenNot I. I'm not interested in desktop tchotchkes. Don't know what they do in Captain Toad (a game I'll actually be picking up) but I'm not impressed by what they do in Smash Bros.10/21/2014 - 11:10am
quiknkoldso in a change of subject to something much lighter, who here is getting the Amiibos? I have 4 preordered.10/21/2014 - 7:02am
TechnogeekFor a change of pace, here's a story about death threats aimed at games industry employees via Twitter that has nothing whatsoever to do with Gamergate: http://kotaku.com/indie-dev-threatens-gabe-newell-has-game-removed-from-164867886910/21/2014 - 4:38am
MechaCrashThey aren't being held accountable because *this is what GamerGate is really about.* Hatred and harassment under a thin veneer of concern for ethics; it's a rotten movement right down to the core. Related: http://tinyurl.com/o5mamgn10/21/2014 - 1:53am
james_fudgeodd why would they delete pro vita comments?10/21/2014 - 12:50am
Neo_DrKefkaI am a little disturbed that members of #GamerGate are supporting and not holding its same members accountable when they say remarks that are unacceptable!10/20/2014 - 11:39pm
Neo_DrKefkaSome #GamerGate people are defending @kingofpol many are however lashing out at him but if we held Sam Biddle accountable and Gawker so must we hold @kingofpol and #GamerGate10/20/2014 - 11:30pm
Neo_DrKefkaA big name in the Gamergate movement Kingofpol uses a offensive term about autistic people and in turn the entire GamerGate community lashes out at him. We do not need false leaders who think they can say anything https://twitter.com/Kingofpol10/20/2014 - 11:07pm
Papa MidnightMP, honestly, I'm struggling to make heads or tales of the events being outlined in that reddit thread. I've never heard of Siliconera before, either.10/20/2014 - 10:48pm
MaskedPixelantehttp://www.reddit.com/r/vita/comments/2jbn6u/former_siliconera_moderator_leaks_screenshots_of/ Siliconera mods accused of deleting user comments that were pro Vita.10/20/2014 - 9:23pm
quiknkoldhttp://www.diamondbackonline.com/opinion/article_3fbc52ec-57eb-11e4-ba91-0017a43b2370.html10/20/2014 - 9:16pm
Neo_DrKefkaId love to see people come 2gether whether your 4 or against gamergate to gather 2gether and support an anti bullying charity and I would love to see a pro and anti gamegate debate on a neutral platform that promotes discussion and solutions10/20/2014 - 8:33pm
Neo_DrKefkaWhen someone was seriously hurt by a violent altercation. They have a prospective that people who have not had this experience lack. Bullying is a serious issue10/20/2014 - 8:30pm
Papa MidnightStraw Man to the fullest, but it gets the point across.10/20/2014 - 8:26pm
Papa Midnighthttp://i.imgur.com/dw0YPon.png10/20/2014 - 8:25pm
quiknkoldby doing something, Charitable Donations is an example.10/20/2014 - 8:06pm
 

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