As reported earlier this week by GamePolitics, Terry and Rep. Jim Matheson (D-UT) introduced the Video Games Rating Enforcement Act. If approved, the bill would mandate that game retailers check IDs of mature-rated game buyers. The measure would also require that information detailing the rating system be posted in view of customers. Terry spoke to GP about the proposal:

This is a rather simple bill in that it focuses on making sure that retailers ID young folks when they try to buy an M or A[O] rated game. And this is kind of my approach instead of trying to micromanage by legislation the standards or content…

What we’d rather do is just make sure that parents are empowered with information, what the standards really mean and then what’s specifically in that game and then to make sure that retailers don’t subvert the parent’s decision… If they don’t want their child to have an M-rated game, the retailers don’t sell it to them…

Based on the timing of the new legislation, we asked Terry whether it was planned to coincide with the intense publicity surrounding the April 29th release of Grand Theft Auto IV. Terry, however, maintained that the timing was purely coincidental:

As a matter of fact, I almost thought about waiting another week or two. I will have to take some responsibility. Mr. Matheson brought this to me several months ago and… it kind of got pushed to the back burner. So it was more coincidental… but [the GTA IV hype] probably did heighten the scrutiny of the bill within the press, which is a positive thing. But we did not wait until Grand Theft Auto IV came out to drop the bill. That was coincidental.

Oddly enough, the Terry-Matheson bill, which addresses video game rating enforcement, was introduced on Wednesday, less than 24 hours before the Federal Trade Commission’s latest report gave glowing marks to the video game industry for its retail ratings enforcement. Terry, however, was clearly not acquainted with the results of the FTC report, citing 69% as the rate at which FTC secret shoppers were able to purchase M-rated games. That figure, however, is from the FTC’s 2003 survey. In 2006 the number dropped to 42%. Yesterday’s figure was an impressive 20%. We asked Terry about the FTC report:

I had heard that the report found that 69% of unaccompanied 13 to 16-year olds were able to purchase M-rated video games from retailers.

After we explained the actual FTC figures, Terry said:

Oh, okay. Well, good. We’re going in the right direction. I think probably what’s really helped that improvement is that some of the big retailers like Wal-Mart, Target have software… at the point-of-sale that blocks M and then the cashier has to ask for ID…

We also queried Terry on public comments he made which cited rape as a way to earn a higher score in some games. When pressed, Terry could not cite an example:

That’s a good question. I don’t know of any [specific games] offhand… I just used the rape, pillage and plunder line…

The actual Terry quote as reported in Variety is:

In some games high scores are often earned by players who commit ‘virtual’ murder, assault and rape.

Terry was a good sport over his lampooning by The Daily Show by host Jon Stewart following a contentious 2006 committee hearing on video game issues. He described the experience as:

Humiliating, as it was supposed to be… It was slightly out of context… That’s what fake news is about. I saw that. That was fun…

Later, Terry again made reference to his Daily Show experience:

One of the things that Jim [Matheson] and I talked about a great deal is that the ratings themselves seem to be very confusing. We did not to get into that morass because Jon Stewart showed us exactly what was going to happen to us if we did…

The Congressman, who said he occasionally plays NCAA sports games with his sons on their Xbox 360, was familiar with the issues surrounding the controversial but rarely used Adults Only rating. He also pointed out the inconsistency found in the M rating category, where some games, such as as Grand Theft Auto have far more mature content than others. Terry specifically mentioned Destroy All Humans, Call of Duty and Halo in this regard.

Listen to the interview with Rep. Terry (9:08 minutes, mp3) here.

Joystiq notes that, despite Take Two chairman Strauss Zelnick’s assertion that the game has no glitches, a PS3 patch has been released.

Today’s Mirror reports:

Internet forums dedicated to the game have been flooded with complaints from buyers.

Hundreds of posts claim the £44.99 game does not work properly on the Sony PlayStation 3 console or on Microsoft’s Xbox 360. And a HMV stores spokesman said: “We have had people come back to us saying that their game has been freezing.”

Others say they cannot play it on the net because online servers are jammed.

Personally, I’ve gotten to 16.05% through the game (GTA IV tracks this) and have had no problems in either single or multiplayer using the Xbox 360 version. But you can’t discount so many glitch reports. As a consumer, it makes me wonder about some of those perfect review scores…

In her appeal, Swanson was seeking what is known as an en banc review of the case, in which all of the 8th Circuit’s judges would review the decision made by a three-judge panel in March.

GamePolitics has now learned that the 8th Circuit has declined to hold the en banc review. This means that the only legal recourse available to Minnesota is an appeal to the US Supreme Court.

If that happens, it will be the first time that the Supreme Court has considered a case involving video game legislation. Making this possibility especially intriguing are comments made by Justice Antonin Scalia to Law of Play’s Anthony Prestia in February of this year:

Justice Scalia replied that he did believe such legislation was constitutional. He began by explaining his belief that sound constitutional precedent holds that minors may be subjected to prohibitions that adults are not – he instantly drew the parallel to regulation of pornography sales…

Justice Scalia did not suggest that violent and/or sexual content in games rises to the level of unprotected speech. In fact, he did not even suggest that video games themselves are not protected by the First Amendment…

We’ve got a call in to A.G. Swanson’s office to see whether an appeal to the Supreme Court is planned. In the meantime, you can view the 8th Circuit’s denial of Minnesota’s en banc request.

Along with a number of other watchdog groups, the PTC has been highly critical of GTA IV in recent days. Villarreal, however, reports that Isett’s knowledge of what is actually in the game is a bit lacking:

Isett: I’ve actually played ‘Grand Theft Auto IV,’ and it’s right in keeping with previous versions. The series continues to lower the bar and this is the first game that has an alcohol content warning. You get points for driving drunk in this game.

Villarreal: You know that’s not true, right? The game doesn’t have points.

Isett: If nothing else, it’s a rewarded activity. Necessary for advancement.

Villarreal: I don’t think so.

Isett: But there’s an alcohol content warning and a scene of drunk driving, correct?

Villarreal: Yes. Did you play that part?

Isett: No, no. I didn’t get that far…

Why? Methinitis explains:

I’m not opposed to keeping things out of the hands of kids that their parents don’t want them to have. On the other hand, I’m also not opposed to letting the parents make the choices. About the only thing I am opposed to is letting the government decide what I or my eventual kids can play. I am an adult, and I can make those decisions for myself and for my children when I become a parent.

Methinitis pens a nine-point plan. Hit the Law of the Game for the details, we’ll just summarize:

1. Forget the idea that you’re only regulating games.
2. Use the industry’s rating systems.
3. Forget ‘banning’ anything.
4. Forget basing this on obscenity or harm to children. Use commerce.
5. Forget the ‘AO’ rating for games.
6. Enforce it only on products that have to be sold to those over 17.
7. Enforce it only on sales to those who can’t present ID or present fake ID.
8. This should be a fine only offense, and only a fine against the store.
9. Once it’s done, leave it alone.

GP: While we don’t agree with everything Methinitis has to say here, it’s definitely a worthwhile read.

Thanks to: GP correspondent Andrew Eisen for the heads-up!

The Video Games Rating Enforcement Act, proposed by Reps. Lee Terry (R-NE) and Jim Matheson (D-UT) would require retailers to conduct ID checks on buyers of games featuring mature content. Of the measure, Gallager said:

The [ESA] shares Reps. Matheson and Terry’s goal of ensuring children are playing parent-approved computer and video games. That is why the ESA consistently works with parent groups, encouraging caregivers to check each game’s ESRB rating and content descriptors—a system three-quarters of parents rely on regularly according to the Federal Trade Commission.

We also urge parents to make use of the parental controls available on all new games consoles. 

Empowering parents, not enacting unconstitutional legislation, is the best way to control the games children play.

GP: Don’t miss our exclusive interview with bill co-sponsor Rep. Lee Terry, coming up later today…

A spokesman for State Senator Leland Yee (D), architect of California’s contested video game law, remarked:

The Senator is pleased and commends retailers for significantly improving on the latest FTC study.  Clearly retailers are much more cognizant of the potential harmful effects of ultra violent video games and are not selling such games to minors in as great a number. 

With that said, it is imperative that the industry does more to prevent the sale of adult oriented games to children. Twenty percent of minors can still easily get their hands on games that are inappropriate for them. That equates to hundreds of thousands of children who are potentially in harm’s way. The Senator looks forward to continuing his efforts and working with the various interested parties to end the sale of extremely violent video games to children.

Meanwhile, Gavin McKiernan, National Grassroots Director of the Parents Television Council, lauded GameStop for its 94% enforcement record, but said that, as a whole, the video game industry needs to do better:

The PTC continues to applaud the work of GameStop and its efforts to keep adult products out of the hands of children.  While it is good news that the rest of the industry has improved as well, without GameStop the industry as a whole is still failing 24% of the time and that is not acceptable. Failing one out of four times does not merit praise. Our kids deserve better.

Since GameStop has been able to have such widespread success it begs the question as to why the rest of the retailers still lag so far behind. Legislation, like the bill proposed by Representatives Terry and Matheson, will hopefully be the extra incentive the retail outlets need to do a better job than allowing children to purchase adult content one out of every four times they try.

We apologize for the inconvenience.

On the brighter side, we’ve been working on a complete overhaul of GP which is just about complete. We hope to unveil it next week, so watch this space…

Today there is another major company missing from that list: LucasArts

We’ve got messages out to several LucasArts contacts in an attempt to confirm. An ESA representative promised us he would “look into that.”

So, we’ll call this one officially a rumor… for now.

But if true, the exit of LucasArts immediately on the heels of Activision and Vivendi could signal that the ESA, founded in 1994 to represent the interests of US video game publishers, is rapidly taking on water.

Taking a victory lap is the organization responsible for operating the video game industry’s rating system, the ESRB. Via press release, ESRB president Patricia Vance commented on today’s FTC report:

Video game retailers have clearly stepped up their efforts to enforce their store policies, and they deserve recognition for these outstanding results.  We commend and applaud retailers for their strong support of the ESRB ratings, and will continue working with them to help ensure that these levels of compliance are sustained if not further increased.

The ESA, representing US video game publishers, declined to comment, referring us instead to the ESRB.

Bo Andersen, president of the Entertainment Merchants Association, a trade group representing a number of video game retailers, also weighed in. For retailers, the report is a mixed bag. They scored superb numbers on game rating enforcement, but were criticized by the FTC for sales of R-rated and unrated DVDs to underage buyers. Andersen said:

Retailers don’t want children to be able to purchase or rent video games and DVDs that their parents do not want them to have. As a result, they have made real and significant investments in enforcing the voluntary video game and motion picture ratings in their stores. The FTC’s latest ‘undercover shopper’ survey demonstrates that these investments are producing strong results… While we are pleased with the progress that has been made in ratings enforcement, retailers still are not where they want to be as an industry.

On the consumer side, Hal Halpin, president of the Entertainment Consumers Association, remarked:

This is an extraordinary accomplishment from the nation’s leading interactive entertainment retailers, as it clearly shows their increased commitment of keeping mature-rated games out of children’s hands. Perhaps most impressive is the incredible reversal in their failure rate over such a short period of time and with a comparatively new rating system.

This is truly a vindication for video game merchants who have been falsely damned by anti-game advocates and special interest groups, who now don’t have a leg to stand on.

GamePolitics also offered several high-profile game industry critics and watchdog groups an opportunity to comment. So far we’ve not heard back from the Parents Television Council, the National Institute on Media & the Family or California State Sen. Leland Yee. There was one critic we did hear from, though…

Despite the eye-popping retail enforcement numbers, anti-game activist Jack Thompson refused to give credit to the video game industry. Instead, he credited… Jack Thompson:

I’m more than happy to take credit for the improvement. The threat of legislation has improved performance, not some altruism on the part of the Strauss Zelnick’s [or] the industry. To America’s parents: Jack Thompson is delighted to have helped.

Of course, Thompson would have been all over the FTC numbers had they been unfavorable to the video game industry. Classy, Jack…

UPDATE: Dr. David Walsh of the National Institute on Media & the Family has now weighed in. NIMF claims a bit of the credit as well:

The results of the [FTC’s] latest undercover survey are good news for retailers and the [ESRB], but most of all for parents… With its consistent pressure on the video game industry, [NIMF] played a significant role in improving ratings enforcement and education. Similar to our… Video Game Report Cards, the FTC survey shows that specialty retailers, such as GameStop, continue to lead in enforcement and the rental companies need to step up their efforts…

Full Disclosure Dept: The ECA is the parent company of GamePolitics…