Lawsuits That Changed the Games Industry 54
Gamasutra has up a piece looking at litigation that changed the way the games industry works. Deep, interesting questions like "Is modding legal?", "Are games covered by the 1st amendment?", and "Are games protected by copyright laws?" have all been decided in legal cases within the last 20 years. The site explores these issues, and ponders issues that are likely to affect the business of the games hobby in the future. From the article: "A variety of laws have been put forth by state legislature to act toward censoring game content or controlling the sale of games. As a rule, be immediately suspicious of any legislation proposed in the name of 'security' or 'protecting our children.' The result is often a jumbo size bite taken out of artistic expression and individual liberty. To date, the ESA has fought and won nine out of nine cases on these issues, having the state laws declared unconstitutional. Furthermore, the ESA has sought and won more than $1.5 million dollars in attorneys fees."
just waiting for it.... (Score:3, Insightful)
Re:just waiting for it.... (Score:4, Insightful)
The problem with shifting responsibility from individuals to the law is that it eliminates the freedom of choice. If someone wants to sit on their duff for hours on end, they are free to do so. While I am aware that the natural reply to such a notion is "It increases the costs of health care for all of us," I will remind you that health care in the US is already largely borked. Legislation against criminal activities is fine, but criminalizing legitimate activities that do not directly harm anyone, such as playing games or eating fattening food, is simply absurd. Suing, thus, accomplishes nothing than to appease those who, like yourself, clearly do not approve of free choice or the free market. I don't recall stories of Blizzard holding a gun to anyone's head, indicating that failure to play their game may result in unholy punishment (insert lame joke here, Anonymous Cowards).
Ultimately, the "health legislation" movement in this country is counter-productive. While stating children shouldn't be sitting in front of the television, game console, computer, or eating fast food, they simultaneously declare that traditional children's games are violent and dangerous. I'm sorry, little Johnny, I don't want you playing video games, but you can't go outside and play tag, either! I don't think tree-hugging burns a great deal of calories--certainly not as many as cutting one down with a hand saw. And could you imagine the sort of ruckus that would be generated by the bleeding hearts if we armed our children with hand saws? On the other hand, it might not be so bad; imagine telling an angry child armed with a hand saw who was responsible for taking away tag or dodgeball...
I apologize ahead of time for any angry children cutting down your front door, demanding to have their "fun" games back.
Or Lawsuits That Cost The States (Score:3, Insightful)
No, the result is often not a "jumbo size bite" taken out of anything artistic or liberty related. The result is often a "jumbo sized bite" taken out of:
1. The time of the legislative branches of the states that approve these bills. Thanks to various politically aspiring politicians that write up, debate, and vote on these bills that they know will get overturned but make them look like they give a shit about your children, state legislators, who often don't work very much anyway, waste time that could be spent on anything else, maybe even stuff that would be constitutional.
2. The time of both state and federal judiciaries. They have to take the time to issue injunctions against these laws and hear the cases that result in said laws being found unconstutional 100% of the time, further bogging down an already vastly overburdened court system.
3. The tax payer's ass. From this earlier story's [slashdot.org] linked to article [next-gen.biz]:
And this story in particular:
To date, the ESA has fought and won nine out of nine cases on these issues, having the state laws declared unconstitutional. Furthermore, the ESA has sought and won more than $1.5 million dollars in attorneys fees.
And let's not forget it's not just the tax payers in the states in question that have to pay for fucktard legislation, though they do front the lion's share, everyone gets a little. When these cases come before Federal Courts on appeal, as is often the case, remember, someone pays the salaries of the Federal employees.
Not to mention the loss of all credibility a state suffers when it passes one of these bills, as it has been shown that these get shot down every time and do nothing but cost time and money that could be spent on anything else.
Score another point for dumbocracy and the retards that put these retards into power and keep them there.
Re:just waiting for it.... (Score:4, Insightful)
We both agree that a parent has absolute responsibility for child raising. I would go further and say that, in all matters except those effecting the physical, psychological and social well-being of the child (health, education), the parents have the right to parent their child without undue influence from undesirable influences, particularly those opposed to the physical, psychological and social well-being of the child. This is why there are ordnances against putting adult book stores, saloons and rehab clinics next door to grammar schools.
So what gives any company the right to interfere with my relationship with my child solely to make a buck? Free speech? That's for adults.
It's not the "Think of the Children" argument: A "Think of the Children" argument is a combination of an appeal to sentimentality with a slippery slope. "To protect our children against predators, pornographers and the bad kids at school, we need to spy on every citizen's internet use" -- here the fear and threat of crime or undesirable behavior on children is used to justify enacting a nanny state. A "Think of the Children" version of the McDonalds argument is: "McDonalds advertising targeting children interferes with the parent-child relationship in a deleterious manner. Therefore, we must ban all advertising."
Or a simpler way of putting it: if I walked up to a random kid on they way to school and told her to drink beer, most people would condemn that: "who the hell are you to tell my kid what to do?!" But we let companies get away with it? Whose liberties are you protecting? My liberty to undue influence from the government and corporations seeking to make a buck off me, or the liberty of these fictional entities to exploit my ass?
In any case, my argument wasn't that we ban McDonalds or even their advertisement, but rather that a lawsuit against a MMORPG would be even stronger than that against McDonalds. Let's take your quote:.
Alright, let expand the X a bit. How about drugs? I'm in favor of legalizing drugs, incidentally, just so you don't misunderstand my point:
A company develops a new drug, let's call it "Crystal Meth". The company knows, from clinical trials and the social history of similar drugs, that Crystal Meth is extremely addictive and will effectively ruin the lives of a sizable percentage of the people who use it. The company then markets Crystal Meth as an alternative to coffee and places it on the supermarket shelves next to coffee, with massive ad campaigns and promotions.
So, on your logic, 'if a person decides to get addicted to Crystal Meth, and ruins their entire life because of Crystal Meth, that is not the fault of the company that A) knew this would happen, B) did nothing to inform their consumers of the real health dangers their product posed and C) did everything to prevent their consumers from learning about those health dangers, but rather the person who decided to take Crystal Meth.'
There are laws against selling rat poison as kiddie candy: for a person to make a rational, informed decision, that person has to be both rational (hence not a child) and capable of informing himself on the product. Suppress either one of those, and you suppress the notion of liberty.