An excellent editorial appearing in the February 2011 issue of Reason Magazine explains quite plainly why it is ridiculous that California is fighting for the 2005 law written by Leland Yee and signed into law by then-California Gov. Arnold Schwarzenegger. Writer Jacob Sullum starts the article by pointing out the irony of Arnold signing into a law a bill that bans violent media.

This from the same guy who starred in movies like Eraser, Commando, Terminator 1 and 2, End of Days, Last Action Hero, Predator, Total Recall, The 6th Day, and many more. Most recently, he did a cameo in The Expendables - an ultra violent action movie starring an all-star cast of aging action stars.

The Entertainment Software Association (ESA) came out swinging this week against what it calls a  "flawed study" that alleges a link between video games and mental health problems in children. The study will be published in the February issue of Pediatrics, and attempts to connect video game playing with mental health problems in children from Singapore, according to a separate Joystiq report.

The study was conducted by Iowa State professor Douglas Gentile, whose past studies related to video games have been picked apart by some researchers for "exaggerating" the harmful effects of video games on children.

Not every teenage boy backs the video game industry when it comes to banning the sale of violent video games to children in California. Take 16-year-old Daniel Willens, a junior at Sonoma Academy -- a preparatory school in Santa Rosa, California, for example.

The teenager penned an editorial in the Press Democrat called "PRO: Minors shouldn't be allowed to buy violent games." Daniel sounds like many of the other supporters of the 2005 law written by California State Senator (D-San Francisco). Daniel opens with the following statement:

It is one thing to read a transcript of oral arguments in a court case, but to get the full effect, audio or video is the best way to figure out just how convincing each side’s arguments are. C-Span has audio of the oral arguments Schwarzenegger v. Entertainment Merchants available on its web site. The audio features the comments of lawyers for both sides, along with all of the chief justices hearing the case.

The Supreme Court heard arguments in the case of Schwarzenegger v. Entertainment Merchants Association on November 2, in which the state of California challenged a lower court ruling that the law was unconstitutional. Lawyers for the EMA argued that the lower courts made the right decision and explained why the law was flawed.

You can listen to the audio here.

The ESRB has released an updated version of its app that makes it easier to look up ratings on a particular game while shopping. The free mobile app lets users snap photos of video game boxes to find out what the ratings mean. By taking a photo and using the app, consumers can get deeper content descriptors and information on the age-appropriateness of every game sold in stores. This is particularly useful for parents that may not be familiar with what is appropriate for teenagers and younger children.

The app is available on iPhone and on Android devices. You can grab it from the ESRB's mobile site or by searching for "ESRB" in the Apple Store or Android Marketplace.  

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).

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:

Over at Gamasutra, Attorney Greg Boyd has composed a detailed look at the California law at the center of Schwarzenegger v. EMA.  After a brief history lesson concerning what the law says and where it’s been over the last few years, Boyd speculates about how the Supreme Court may eventually rule.

“It would be surprising to the legal community if this case went against all the prior similar cases on content-based regulation. The consensus expectation is that this case will fit with the other state cases on this issue (and the two lower court decisions in California). The preliminary injunction will likely be upheld and the statute will likely be held unconstitutional.”

As the case surrounding a law he originally authored makes its way to the Supreme Court next week, California State Senator Leland Yee issued a handful of comments related to what will eventually be a landmark decision for gamers.

The Court will, of course, hear oral arguments for Schwarzenegger v EMA on Tuesday, November 2 at 10:00 AM.

Yee said he was “hopeful” that the Court would give “parents a valuable tool to protect children from the harmful effects of excessively violent, interactive video games.”

Yee additionally claimed that SCOTUS has "often ruled" in favor of protecting kids and limiting their access, citing topics such as "pornography, gambling, marriage, firearms, jury duty, tobacco, alcohol, voting, abortion, licenses, and the death penalty" as examples.

Yee continued:

The Parents Television Council (PTC) has a short editorial up on its site in which the organization defends the California law at the heart of Schwarzenegger vs. EMA, claiming that the videogame industry has “resorted to half-truths to try to make its point.”

As far as the law restricting First Amendment rights, the PTC says it “does no such thing,” but “merely prevents the most objectionable content from being sold directly to children.”

Do children also have a "right" to purchase cigarettes and alcohol? Of course not! If the law prevents children from directly purchasing other types of material that is inappropriate or harmful for them, why shouldn't parents be able to rest easy knowing their child won’t be able to buy ultra-violent games without their permission?

The Entertainment Software Association’s philanthropic ESA Foundation has awarded 30 scholarships for the 2010-2011 school year.

Aimed at women and minority students, the scholarships of $3,000 each are bestowed upon aspiring game developers studying in programs such as computer science, game design, media arts or 3D animation.

15 scholarships go to graduating high school seniors, while the remaining are for current university attendees.

ESA CEO Michael Gallagher added, “The ESA is proud to help advance the careers of aspiring game developers and enhance the diversity of our industry by offering scholarships to women and minority students.”

A full list of the 30 scholarship winners can be viewed on the ESA website.

The Entertainment Software Association’s (ESA) Video Game Voters Network (VGVN) has posted the first batch of user submitted photos showing controllers submitted to California State Senator Leland Yee.

The VGVN, for those who missed it, is urging the gaming populace to show its distaste for the Yee-authored law, which, under the guise of Schwarzenegger vs. EMA, will appear in front of the Supreme Court on November 2, by sending in controllers with the words “I Believe in the First Amendment” written on them.

The non-profit Web Wise Kids, which tries to keep kids safe online, has received support from a pair of videogame industry organizations.

The enterprise has received a grant from the Entertainment Software Association’s , ESA Foundation (ESAF), that will assist it in reaching middle school students with the “It’s Your Call” cell-phone safety game. The title "offers teens guidance about responsible cell phone behaviors and how to use these devices to enhance their personal safety.”

According to the ESAF, their funding will also back translation of the “Wired With Wisdom” program into Spanish, in order to help Latino parents safeguard their offspring online.

Following yesterday’s news that the ESA - via their Video Game Voters Network - is asking gamers to send California State Senator Leland Yee broken or old videogame controllers with  “I believe in the First Amendment” written on them, we reached out to the Senator’s office for comment.

Yee’s Chief of Staff Adam Keigwin replied that, “I can only assume these broken controllers must represent the broken promises of the video game industry to parents.”

The response continued:

The Entertainment Software Association’s (ESA) Video Game Voters Network (VGVN) has launched a promotion designed to tweak California State Senator Leland Yee, the original author of that state’s videogame law which is now in front of the Supreme Court.

A good handful of gamers have probably destroyed a controller in a fit of rage, and while there’s a handful of things that the useless accessories could be used for, the ESA - via VGVN - is urging game enthusiasts to take the broken controller (or an old one), scribble “I believe in the First Amendment” on it and send it off to Senator Yee’s office.

Entertainment Software Association president and CEO Michael D. Gallagher penned and editorial for the Baltimore Sun newspaper explaining what is at stake in early November when the Supreme Court reviews the 2005 California Video Game law. The thrust of his argument is that the First Amendment to the Constitution holds importance significance in our society. It was designed by the founding fathers to protect citizens from the government abridging the right to speak freely.

He also points out that the state of California is trying to abridge the free speech rights of game makers based on the unproven notion that consuming video game violence influences users to engage in real world acts of violence. The data that the law is based on was questioned by the U.S. Court of Appeals for the Ninth Circuit, which it called not substantial enough to prove that violent video games cause psychological or neurological harm to minors.

While he touches on a number of other reasons why the law is misguided and false, the closing paragraphs of Gallagher’s op-ed piece sums up nicely the main reason why the law should not stand:

The Entertainments Software Association (ESA) smartly called on The Escapist’s Ben “Yahtzee” Croshaw to put together a public service announcement for the ESA’s Video Game Voters Network.

In the video, Yahtzee encourages gamers to fight the “anti-fun brigade” by joining the VGVN.

If you are having trouble keeping track of the number of amicus briefs that have been filed so far in favor of the game industry, the Entertainment Software Association (ESA) has the answers for you. The trade group representing game publishing companies announced that over 180 leading First Amendment experts, national organizations, non-profits, associations, researchers and social science experts filed amicus briefs on Friday urging the U.S. Supreme Court to uphold the Ninth Circuit Court of Appeals ruling in Schwarzenegger v. Entertainment Merchants Association/Entertainment Software Association.

All of the briefs had different approaches: some pointed out free speech issues, others pointed out overreach by the state of California and other state's attorneys general said that this law would put an unneeded burden on law enforcement – which have better things to do like catch real criminals. Here is what the ESA's top executive had to say about all these briefs:

Billing the California law at the heart of the Schwarzenegger vs EMA Supreme Court case as the “latest in a long history of overreactions to new expressive media,” the Entertainment Software Association (ESA) and Entertainment Merchants Association (EMA) have filed their argument against the restriction of videogame sales in California.

The brief contends that videogames are a form of expression “as rich in content as books and movies,” and that they “are fully protected by the First Amendment.”

It was written that “California’s argument is not saved by the fact that the State is purportedly acting to assist parents,” adding:

Last week we ran a story from the Entertainment Software Association (ESA) in which it discussed the growth of game-related degrees offered in U.S. schools and universities. One of eight states tagged as not offering such degrees, however, took a little onus with its exclusion.

In a list of schools offering videogame-related degrees on the ESA website, eight states are missing—Alabama, Alaska, Arkansas, Hawaii, Maine, Mississippi, West Virginia and Wyoming. Arkansas officials took time out to argue their case in a piece running on the City Wire, stating that the ESA’s report “does not accurately reflect ongoing efforts to provide video gaming degree options to incoming students.”

According to the Entertainment Software Association (ESA), 300 U.S. colleges, universities and art schools will offer videogame-related degrees in 2010-2011, representing almost 20 percent growth from the 2009-2010 timeframe.

The growth in this sector has continued unabated, with a reported 220 schools offering video game design, development, programming or art curriculums in 2008-2009 and around 250 in 2009-2010. California is still the leader in terms of schools offering game-related degrees with 50 institutions, followed by New York (26), Texas (21) Illinois (17) and Florida (15).

ESA Senior Vice President for Communications and Industry Affairs Rich Taylor commented, “While computer and video games have been a source of entertainment for decades, our society is increasingly recognizing the broader uses of games and their positive impact. Whether it is in healthcare, education, business or government, schools across the country see the value of games and are training their students to meet the demand.”

The Entertainment Software Association (ESA) has released its annual report for 2009, detailing its activities issues affecting the computer and video game industry, including piracy, its efforts against attempts at content regulation, and intellectual property rights.

The 43-page report (available as a PDF - hope you have an hour or so to read it set aside) details all of the ESA's efforts throughout the year including various legal actions, lobbying efforts, its work on behalf of the ESRB with state and local governments, its continued fight against software piracy in the U.S. and abroad, and its efforts to get the video game industry tax incentives in various states.

Grab a beverage and your reading glasses. The report also includes a 6 page introduction from ESA president Michael D. Gallagher with an overview of the ESA's activity through the year. I recomend Mr. Gallagher's cliff notes.

The Entertainment Software Association’s (ESA) Video Game Voters Network (VGVN) has launched a badge contest that will award a $750 Best Buy gift certificate to the winner and $250 to the runner up.

The graphics are meant to create a new look for the VGVN’s advocacy of free-speech and should incorporate Video Game Voters Network, VGVN and/or the website address (vgvn.org) of the organization. Designs will be accepted until August 23. Beginning August 24 the public will be able to vote on their favorite designs from 10 hand-picked by a panel of judges.

ESA SVP of Communications and Industry Affairs Rich Taylor stated, “The badge design competition is a great way for gamers to get involved and use their creativity to stand-up for video games and free speech.”

A report issued by the Entertainment Software Association (ESA) indicates that the U.S. videogame industry employs almost 32,000 people and adds $4.9 billion in value to the country’s Gross Domestic Product.

Video Games in the 21st Century (PDF) also claims that the industry achieved an annual growth of 10.6 percent per year from 2005 through 2009, eclipsing the 1.4 percent annual growth rate posted by the U.S. economy as a whole. Outside of a staid 2009, when sales of entertainment software totaled $10.5 billion, sales rose each year from $7.0 billion in 2005, to $7.4 billion in 2006, to $9.5 billion in 2007 and $11.7 billion in 2008.

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

Danielle Parr, the executive director of the Entertainment Software Association of Canada says that his country's game industry and government can do anything they want to entice game developers to the great white north because "all's fair in love and war." While UK developers and government officials have been vocal about Canada's mission to "steal" developers from the region and bring them home, Parr, like a Jerry Springer guest, has no problem enticing talent to another bedroom.

While at Develop last week, Parr told BBC's Politics Show with a smile and a laugh that she sees no problem with it:

While the Entertainment Software Association (ESA) has until September 10 to file its own brief with the U.S. Supreme Court in regards to Schwarzenegger v. EMA, the organization issued a statement in reaction to a brief filed by the state of California on Monday.

Trumpeting the ESA's dominating string of victories in such cases, and perhaps attempting to take some of the wind out of the sails of California State Senator Leland Yee, ESA President and CEO Michael Gallagher stated:

EA.com Editor-in-Chief Jeff Green took to his corporate blog to write about why gamers should care about Schwarzenegger v. EMA.

Agreeing with EA CEO John Riccitiello, who said that a Supreme Court decision upholding the California law would “screw us up in a real way,” Green argued:

… it could have a chilling effect on the gaming industry as a whole--both the makers and sellers of the games, who will have to seriously think twice about the kind of product they can and want to sell, out of fear of ending up in jail. And therein lies the bigger question at hand. Because if you substitute books or movies or music in the previous couple sentences, you can see just how wrong this is.

The 2010 Joint Strategic Plan on Intellectual Property Enforcement (PDF) issued by US. IP Enforcement Coordinator Victoria Espinel yesterday has drawn a wide range of reactions from the public and business sectors.

Entertainment Software Association (ESA) President Michael Gallagher said that the trade group was “grateful for Ms. Espinel's hard work to date, and appreciate the extent to which she has consulted with a wide range of stakeholders, including our industry.”

Gallagher added:

Entertainment Software Association (ESA) President Michael Gallagher is “humble” about how trade group might fare in front of the U.S. Supreme Court, as the nation’s highest court prepares to rule on Entertainment Merchants Association (EMA) v. Schwarzenegger, which centers on a California law that attempts to make it illegal to rent or sell violent videogames to underage consumers.

In a pre-E3 briefing recounted by Joystiq, Gallagher said about the case, “We believe we're on the side of right here. We've believed that for 10 years. That hasn't wavered one iota. You go into this preparing to win, but also very prepared to handle the other conclusions as well”