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ESRB Responds to 3D Realms' Kvetching

Posted by Zonk on Fri Aug 03, 2007 09:05 AM
from the oi-vey-the-oversite-bodies-today dept.
Via GamePolitics, an article at the Hollywood Reporter site on the ESRB's snappy comeback to 3D Realms. You may recall Scott Miller (3D Realms' co-founder) saying a short while back that he viewed the ESRB's smackdown as a 'sucker punch'. The Reporter article lays out the ESRB's response, courtesy of the board's president Patricia Vance: "It's unfortunate that Mr. Miller's feelings were hurt, but let's be clear ... The ESRB is the self-regulatory body for the video game industry. We were established by the industry and we simply enforce the rules and guidelines that the industry has imposed upon itself. The games industry determined that there should be rules with regard to the proper display of rating information and that ESRB should enforce those rules by notifying companies who are not in compliance ... Unfortunately, due to 3D Realms' lack of experience submitting games to the ESRB, it would appear that they were unaware of the various industry guidelines in place and the consequences of not complying with those guidelines."
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[+] The ESRB, Earmarks, and Manhunt 2 in Game Politics 48 comments
GamePolitics has a number of interesting posts up this week on developing stories. The ESRB has fired off a warning to 3D Realms over some out-of-date labeling on the Duke Nukem portion of their website. The organization says it's standard procedure, but 3D Realms co-founder Scott Miller views it as a 'sucker punch'. Meanwhile, Senators discussing earmarks for the year are in a row over videogames. Sen. Tom Coburn (R-OK) is resisting a $7.5 Million appropriation for an advanced computer system, which he 'compared ... to videogames.' Sen. Ben Nelson (D-NE) countered by noting that Coburn authorized spending that resulted in the creation of an actual videogame, the Full Spectrum Warrior title released by THQ. Finally, Rockstar has fired back at GamesIndustry.biz. The respected European news site wrote a blistering editorial when the Manhunt 2 kerfuffle first started, saying that Rockstar was being 'juvenile, shameful, and irresponsible'. They've now responded: "What about games make them deserve special treatment from the authorities? According to industry groups, the average games player is in his or her 30s, yet you support the widely held view that games are somehow a less sophisticated medium than cinema, only suitable for immature audiences. In other words, although gamers can negotiate the boundaries between reality and fiction in other media, you believe we are incapable of navigating the same boundaries in videogames ... We believe in a well-run ratings system. With the best rating system in history and the future of the industry and medium at stake, we don't understand why it is necessary to effectively ban all games intended for players 18 and older."
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  • Kvetch... (Score:4, Funny)

    by andrewd18 (989408) on Friday August 03 2007, @09:08AM (#20100669)
    Kvetch... didn't I save that town in Oblivion?
  • While I understand that technically the ESRB was "created" by the industry, the recent shenannigans that they have been pulling makes me believe that they are "funded" by those with certain political motivations.

    The inneptitude they have displayed as of late has been astounding.
    • Re:Abused (Score:4, Informative)

      by badasscat (563442) <basscadet75@yah o o . c om> on Friday August 03 2007, @09:32AM (#20101029) Homepage
      While I understand that technically the ESRB was "created" by the industry, the recent shenannigans that they have been pulling makes me believe that they are "funded" by those with certain political motivations.

      No, they are funded by the industry on an ongoing basis. 3DRealms provides some of this funding themselves in the form of the dues they pay.

      The ESRB is a member-created and member-funded organization.

      The inneptitude they have displayed as of late has been astounding.

      They are doing exactly what they are supposed to be doing. And pithy response or not, Patricia Vance is exactly right in her comments.

      The ESRB actually has yearly meetings all over the country for their members where they remind everybody of the rules. I've attended several of these myself. There's no excuse for anybody not to know what those rules are.
      • They're funded by the fees you have to pay to get a rating, actually, not by the dues you pay to the ESA. Not everyone is member of the ESA, but you need an ESRB rating to get a product code (that is, to ship on) all the game consoles. I'm sure most retailed require one for PC games too. So it's "voluntary," but not really. But, it's also pretty straightforward. Most companies have a pretty good idea of what they'll get before the submit, but it still can have a "chilling effect" because it's pretty pricey
        • The 3D Realms one is even more interesting and troubling than the Manhunt 2 one, in my opinion. In the case of Manhunt 2, ESRB was following it's mandate, which is to prevent bad publicity for the video game industry from leading to government regulation. I don't agree with it, and I think it was probably also partly to punish Rockstar because of their irreverant attitude but it makes a kind of sense. (If you believe that caving into the hard right is the sensible way for the video game industry to prote
  • Ouch.. (Score:5, Insightful)

    by Zebai (979227) on Friday August 03 2007, @09:15AM (#20100745)
    Talk about a sucker punch..

    "Unfortunately, due to 3D Realms' lack of experience submitting games to the ESRB,"
      • If they REALLY wanted to hit back they could work to resurrect RSAC AND they could look like the heroes while doing it, pointing out the recent failings of the ESRB, both real and perceived.
  • by jwriney (16598) on Friday August 03 2007, @09:35AM (#20101083) Homepage
    This makes sense. I mean, when DNF started development, the ratings icons were written on, like, scrolls. Or chiseled into stone tablets.

    "Take ye heed - yon game containeth much violence and bare wenches"

    --riney
    • This makes sense. I mean, when DNF started development, the ratings icons were written on, like, scrolls.
       
      So was the game code.
  • Aside from Prey, what exactly have they done for the industry lately? Other than providing the punchline for one too many jokes...
  • The scuffle began the week of July 9 when 20-year-old Garland, Texas-based developer 3D Realms, best known for the "Wolfenstein 3D" and "Duke Nukem" series,
    In what reality did 3DRealms develop Wolfenstein 3D instead of id software?
  • by mr_rattles (303158) on Friday August 03 2007, @12:26PM (#20103783) Homepage

    Unfortunately, due to 3D Realms' lack of experience submitting games to the ESRB, it would appear that they were unaware of the various industry guidelines in place and the consequences of not complying with those guidelines.

    So how I'm reading this the ESRB is basically saying you can't go out and read the guidelines and be able to submit a game with much success on your first couple of attempts, you have to submit a bunch of times and through trial and error you'll figure out how the guidelines work? It's pretty ridiculous to suggest that the only way you can successfully submit games is by having past experience submitting games.
    • Re:Fuck the ESRB. (Score:5, Insightful)

      by brouski (827510) on Friday August 03 2007, @09:28AM (#20100957)
      Realistically, yes you would notice, because that would be when the government steps in. Then you'd see what real censorship does to the gaming industry.
      • I doubt that it would pass the scrutiny of the courts. Maybe shops like Rockstar don't have the balls, but you can sure as hell bet that shops like EA do.
        • I'll remember that next time I hear about TV and radio shows having to pull hosts and shows under threat of government intervention for their content.
    • Re:Fuck the ESRB. (Score:4, Insightful)

      by GrayCalx (597428) on Friday August 03 2007, @09:40AM (#20101153)
      And this is more of the same reactionary bullshit. This is what happens when you let religious nuts **Cough-The South-Cough** inject their religious beliefs into the public debate.

      I think you may be hard-pressed to find supporters for your opinions when you go off on "Reactionary Bullshit" in one sentence, and then stereotype and classify an entire region of people in the very next sentence.

      In fact you could argue you're committing the same behavior as these "religious nuts". They judge the video-game industry and claim all video games corrupt their children. You judge Southerners and claim that all Southerners are religious nuts.

      Practicing what you preach would work better for you to get people on your side. Otherwise you simply fall into the category of "Do as I say not as I do."
      • I'm not agreeing with the GP at all, I want to make that clear. However, it's called the bible belt for a reason; that's where a majority of the people who bitch and whine and moan come from.

        With that said, anyone who thinks everyone in the south is the same is, without fail, an idiot. It's one thing to be wary of it - to possibly expect it more than you would, say, someone from Japan - but it's quite another to write them all off all up front.

        I'm wary of people from Texas. I've never had a good experien
        • New York? [com.com]

          Kansas? [com.com]

          New York again? [cbsnews.com]

          Indiana? [gamepolitics.com]

          Just wondering why people seem to think all of this comes from the South, when it so often comes from other areas of the country. Sure, the South has it's fair share of crazies, but I have yet to find a shortage anywhere else. Same goes for people wanting to meddle in my life, but I haven't spent time in Montana yet, and I hear they tend to leave you alone (as long as you actually pay for stuff).

          • I must admit that when I think of American crack-pipery I tend to think of rabid southern fundamentalists. There are other types of idiot, certainly, but those of a religious bent tend to be the ones which annoy me the most. And since the south apparently has more hard-core religious people it presumably has a greater number of insane hard-core religious people, other things being equal.

            I have no idea whether or not the south actually has a higher proportion of lunatics than the rest of the country. I g
          • Don't, for a second, think I'm claiming that the only crazies we have are in the south. Believe me, I've got more than a few neighbors who are trying to outdo anything at all many in the south find acceptable. I'm not claiming that. I am, however, claiming that evangelical christianity, which overwhelmingly (on a congregation by congregation level - i'm sure there are exceptions within each (or even most) congregations) supports the illegalization of immoral acts - is primarily located in the Southern and
        • With that said - those people who *are* religious bible bangers can go form their own country.

          They did - and called it "The United States of America".

          • Actually, those religious bible bangers just formed their own colony.

            Their descendants, however, decided it would be a better idea to form their own country *without* religious requirements enshrined in laws. It was good in theory, but people can never leave well enough alone.
      • Amen! I currently live in the Bible Belt and I'm from Pennsylvania. Before my family moved down here, we assumed the same "they're all religious nuts!" out of ignorance. Having lived here for almost 10 years, I think you'd be hard pressed to find a lot of people who "blindly" support the ESRB and support government censorship. Hell, I'd be surprised if you find ANYONE who wants the Government to interfere.

        The ESRB, in fact, is something that a lot of people down here don't concern themselves with unl
    • Re:Fuck the ESRB. (Score:5, Insightful)

      by badasscat (563442) <basscadet75@yah o o . c om> on Friday August 03 2007, @09:46AM (#20101253) Homepage
      If everyone stopped submitting their games to the ESRB, and we pink slipped those censor's like they badly deserve, would anyone even notice?

      Yes, because this is what would happen:

      1. No major retailers would stock any of these games

      followed by

      2. The US government would intervene and create their own censoring board that would be far more strict and arbitrary and would answer to nobody.

      All of you complainers need to realize a couple things. The first is that the ESRB is entirely funded by and consists entirely of game companies. This is not the PMRC. This is not the government. This is not some outside organization. This is the industry. Game companies have all banded together and agreed on certain rules, and they created this organization to enforce those rules. 3DR's position is, by definition, a rogue position within the industry. They are going against the wishes of all the other game companies out there, because that's what the ESRB is.

      The second is that the reason the ESRB exists is because the industry realized that the alternative to self-regulation was government regulation. The government is not going to sit idly by while a free-for-all is going on. Their position is, why should video games be any different than any other entertainment medium? They all have various content ratings and warnings. The ESRB has in fact long been held up by the government as an example of self-regulation done right - their rating system is the gold standard. But if enforcement of that rating system ever breaks down, the government will have no problem stepping in and enforcing it themselves. Is that what you want?

      I realize that some of you kids think everything should just be available all the time to anyone who wants it regardless of age or parental consent. But that's never going to happen, nor should it. Given that, the ESRB is the best possible system anyone could have come up with - it's an industry-created, industry-funded board enforcing rules set by the industry upon itself. It is exactly how this kind of thing should be done.

      Contrast it with the way things work in the UK or other parts of Europe, where games can be outright banned by the government. The government does not ban games here, and neither does the ESRB. The worst the ESRB can do is give a game an AO rating, and you can blame Sony, MS and Nintendo for the fact that they won't allow those games on their systems - it's not the ESRB practicing any sort of "censorship", and plenty of AO games do come out on PC. If the ESRB was gone, these games would end up being banned outright by the government just like they are elsewhere. That's the alternative you're arguing in favor of.

      • Hmm, in other industries, what do we call it when major players cozy up to each other and they create a governing body that enforces rules on "rogue elements" of the industry?

        Oh, that's right, a cartel. Eventually, cartels always act to stifle their competition.

        See the movie, The Aviator for examples of cartels in action. Or this article on the milk cartel, Dairy Industry Crushed Innovator Who Bested Price-Control System [washingtonpost.com]

        The government likes cartels, because cartels embiggen business, and Big Busines

      • The second is that the reason the ESRB exists is because the industry realized that the alternative to self-regulation was government regulation.

        Except it isn't.

        There are still a few courts in the US that understand the meaning of the phrase Congress shall make no law.

        The ESRB was formed in response to empty threats by people like Joseph Lieberman and Hillary Clinton. These legislators demanded that the industry form its own ratings body to forestall further legislation. Of course, they lied about the "f
        • "The second is that the reason the ESRB exists is because the industry realized that the alternative to self-regulation was government regulation."

          Except it isn't. There are still a few courts in the US that understand the meaning of the phrase Congress shall make no law.


          Before your start quoting the Constitution you should really read the entire thing:

          "Section 8 - Powers of Congress
          ...
          To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes
          ...
          To mak
            • If the Federal government doesn't regulate the publication of books, movies*, paintings, or jigsaw puzzles, why are you and your friends so enthusiastic about allowing it to regulate games? What's the difference?

              You jump to an erroneous conclusion. I am not enthusiastic about government regulation, I prefer the current industry self regulation. If you calm yourself and re-read my post you may realize that I was addressing the "congress shall make no law" comment that contracted Congress' enumerated righ
          • RTF Constitution. In the USA (which I realize may not be your home country) the "public" is not given the authority to regulate speech.

            There is no exception in the First Amendment for commercial speech.
            There is no exception in the First Amendment for "protecting the children."
            There is no exception in the First Amendment for comics, video games or pornography.
            There is no exception in the First Amendment for boobies on TV.

            There are no exceptions in the First Amendment, period. The Founders didn't even inclu
            • I think this thread is missing the part of the point. What does the industry gain by not having the ESRB? Nothing. So we axe the ESRB, go to the Supreme Court and win and congress can't regulate anything. What does that do for video games? Nothing. MS, Sony, and Nintendo still probably won't let games that would have gotten an AO on their systems. Retailers still won't be selling games that would have received an AO under the current system. However, then you would have MS, Sony, Nintendo, Walmart,
            • RTF Constitution. In the USA (which I realize may not be your home country) the "public" is not given the authority to regulate speech. ... There are no exceptions in the First Amendment, period.

              The first ammendment does not apply to the public, it appies only to Congress. Read it below. If I have a store I have the right to ban your book or game. If I am a publisher I have the right to censor part of your writings or game (assuming you did not negotiate a contract to the contrary - good luck doing so),
                • "The first amendment does not apply to the public, it appies only to Congress."

                  It applies to all governmental entities on US soil. (Try having your small-town city council ban a particular religion and see how far you get.) Again, the "public's" ignorance of, and/or disagreement with, the First Amendment does not invalidate it. If a private distributor such as Wal-Mart wants to demand the formation of an ESRB-like board, that is perfectly fine. If parents get together and demand an ESRB-like rating sy
                    • Point 1: Citing your own post may be what amounts to law-review material at your school, but not in most cases. :)

                      Wow, you are just one bad guess after another. I cited the other post two avoid redundancy, to avoid two threads discussing the same point(s) in case others joined in. Your "this stuff isn't that hard to understand" comment just keeps getting funnier. ;-)

                      Point 2: I'm still waiting for your explanation of why the same methodology of regulation wouldn't apply to books, movies, and other for
                    • "Stores are prohibited from selling Playboy magazine to minors for example."

                      It'll be good to hear you cite the specific law on this one. Hint: there isn't any. ..."


                      Put learning to use google on your list of things to do. ;-)

                      ... Stores don't sell Playboy to minors because they don't want to be confronted by torch-wielding zealots the next day. Your reasoning is precisely analogous to that of the probably-90% of the population who think that it's "illegal" to let kids into an R- or X-rated movie. T
                    • I did a quick google: "The Supreme Court of the United States has stated many times that children can be protected from adult material and such protection does not violate the minor's First Amendment rights. Material that is inappropriate for children can be regulated but it cannot be completely outlawed."

                      Keep Googling until you come up with the Supreme Court's definition for 'adult material'.


                      Irrelevant. Your claim that restrictions related to minors are a first amendment violation has been debunked
                    • Also keep in mind that you're not likely to get an unbiased view of the legal landscape from the Attorney General of Utah's web site. Major court decisions since the 1970s (where their cites all come from) have gone the other direction entirely, e.g. http://www.freedomforum.org/templates/document.as p [freedomforum.org] ?documentID=13519. And gee, not a Commerce Clause citation in sight. The Indianapolis case, and the Supreme Court's refusal to grant cert to it, is the one that really makes it impractical to dictate content
      • Could I have a list of games banned in Europe? I've never experienced that a game other then Manhunter 2 has ever become banned although there were a lot of people that wanted to ban the game postal 2 for excessive violence here in Sweden.

        I think you have MORE control not less if the regulating body is controled by the goverment. Then at least you can vote about it. When it's controlled by the industry there is nothing you can do at all if a game or movie you're interested in can't reach the market because
    • First off, the PMRC and the ESRB are far less related that the MPAA and the ESRB. Both bodies exist to rate the content their industries put out so that the government (ideally) doesn't have to step in.

      Secondly... By "The South," you obviously mean New York, right? There's a pretty prominent Senator up there that might even be president some day that has called for special hearings into video games. Granted, she lived in the south for a while, but is from up north and represents people up north right n
    • If everyone stopped submitting their games to the ESRB, and we pink slipped those censor's like they badly deserve, would anyone even notice?

      Okay. First of all: I've been lucky enough to meet face-to-face and to chat with several ESRB employees in charge of ratings, and to a man they are all vehemently anti-censorship. They believe -- and I am inclined to agree -- that the ratings system, while flawed, actually protects game designers and game retail. With a system that "laymen" can understand in plac
      • The first kids to have an NES in their homes growing up are now starting to become parents.


        Not to nitpick, but the kids that had NES systems are already parents. We had an NES when I was in high school, and a SNES when I was just out of HS and my little brother and sister were still in HS and Elementary respectively. Now I'm 35, with 2 kids, my brother is 30 (no kids yet) and my sister is 25. The video game generation is all grown up now.
        • We had an NES when I was in high school, and a SNES when I was just out of HS and my little brother and sister were still in HS and Elementary respectively. Now I'm 35, with 2 kids, my brother is 30 (no kids yet) and my sister is 25. The video game generation is all grown up now.

          Fair enough. I guess I live in a skewed population -- no-one I know except one couple has had or is planning to have kids until they're 30-35, and most of us are late-20s or just coming up 30 now. ;)
      • The system is damn good.

        The retailers and the big 3 need to let AO games on their systems, or find a middle ground possibly creating a new rating that doesn't have th pornographic connotations of the AO.
        • the problem is that ESRB is worse than than the older RSAC system which rated individual types of objectionable content. for example a store could refuse to carry any sex 3 or 4 games while still carrying violence up to 3 and language up to 4
    • If everyone stopped submitting their games to the ESRB, and we pink slipped those censor's like they badly deserve, would anyone even notice?

      Hells, yeah, they'd notice. You seem to be leaving some key groups out of "anyone". Consider the two possible scenarios:

      One or two established publishers stop going through the ESRB. In this case, the move would first be noticed by two groups: Retail store buying agents who might notice that some games suddenly dropped off the list of what company policy allows them to buy, and fans of those publishers' games who might notice that suddenly they can't find them in any retail stores. Both of those would m

    • Easy there tiger, we aren't *all* idiots down here, just most of us.
    • Does anyone that plays games understand that if the ESRB wasn't doing what they are doing, including tightening up, that the government would take over in a SECOND?

      Then you get into a First Amendment issue, which is why nearly all of the ratings systems in the U.S. are voluntary industry-run system. While the TV rating system had input from the FCC it is still industry run. The fear of the Government stepping in is what leads to the: Comic Code Authority, MPAA, TV Parental Guidelines, and ESRB. There is always the threat from Congress "thinking of the children," however a good number of the legislation to ban (censor/regulate content) has been struck down by the cour

      • It's worth noting that comic books have, in the majority, completely abandoned the comic code with no ill repercussions. Some comics still have "all ages" or "for mature readers" style warnings, but that's purely at the whim of the publisher. Maybe nobody's noticed because nobody is buying comics anymore, but they're getting away with it so far. And it's not chaos. Look at one other, massive, unregulated, industry: Books. My 13 year old son can go into Barnes & Noble and buy any book there he want
        • they will eventually, remember comic books aren't new anymore, eventually videogames won't be new and parents will be freaking over kids getting their hands on sexual or violent simstims
    • Hmm, I'd rather have no ESRB and no goverment intervention, aka censorship. Yes, that's what I'd prefer most.