Judge Blocks Ban on Violent Video Game Sales 242
dada21 writes "SFGate is reporting that a federal judge recently blocked a new California law that would have banned the sale of violent video games to minors. From the article: 'Gov. Arnold Schwarzenegger had signed the bill by Assemblyman Leland Yee, D-San Francisco, to ban the sale or rental of especially violent video games to children under 18 years old unless there is parental approval. The law was to take effect Jan. 1.'"
Being a parent. (Score:5, Insightful)
In other words. Parents should be responsable for their kids. So were's the problem again?
Re:Being a parent. (Score:2, Interesting)
Personally, I don't agree with the tactic (and have dealt with the issue personally). However, I often see some of the same folks that argue for parental responsibility in gaming solidly against holding parents responsible for things like music swapping.
This isn't meant as a troll. I'm sincerely just interested in how this squares up against another aspect of parental responsibility.
Re:Being a parent. (Score:3, Interesting)
But how are they analogous - Under this law, the stores that sold to the kids without permission would get fined, right? Or, would the parents get fined/sued for their kids buying a video game underage? Or both?
Vs the RIAA - Kid engages in illegal activity (regardless of parental sanction) and parents get owned.
Re:Being a parent. (Score:5, Insightful)
Problem two: Remind me why we don't fine people for selling violent books, movies, magazines, newspapers, music, etc. to minors. If we're going to restrict free speech we need to restrict all forms of it.
Comment removed (Score:5, Insightful)
Third act (Score:2)
SF standing for "space fuckfests" here, I gather?
Well you *do* have a movie rating system... (Score:3, Interesting)
Now I think the MPAA system is technically voluntary, but it would seem to have pretty much the
Re:Well you *do* have a movie rating system... (Score:3, Informative)
The Bible... (Score:5, Insightful)
Re:The Bible... (Score:2)
I was not aware that the Bible had in fact been banned in places, so thanks for the information. I still think it's a matter of double standards when one wants to ban violent videogames, or games with sexual content, and still tell kids to read the Bible. It happens a lot...
Re:Being a parent. (Score:2)
2. While this is a restriction on free speech, you should be reminded that parental rights over their children trump the right to free speech towards children... always have, and likely always will.
Strangely, I thought it was already illegal for children under 17 to be sold rated M games...
Re:Being a parent. (Score:2)
Re:Being a parent. (Score:2)
Dangerously shortsighted. Anyone with even a minor interest in buying "offensive" (violent or sexual) games (or any media, really) should be against this. Once the stores can't sell to minors without putting themselves at legal risk, they just won't stock those games, period.
There will be less sales, and less R&D, and the consumers will have less available selec
Re:Being a parent. (Score:2)
Too broad of a law, correct? (Score:5, Funny)
More importantly, parents need to know what kind of games their children are playing, and there is nothing the government can legislate to do about it. (I'm in my 20s, and I can say, there are some games I see on t.v. that are so sickening, and am I correct to say that the U.S. army actually helped make it or am I mistaken?
Re:Too broad of a law, correct? (Score:5, Informative)
just create a law banning the sale of video games, marked rated M or Adult, from being sold.
They can't do that. That would be giving legislative powers to a non-governmental agency, which is illegal.
Re:Too broad of a law, correct? (Score:2)
Re:Too broad of a law, correct? (Score:2)
Two different hypothetical situations below...
15 year old tries buying a rated M game at Target. This hypothetical law would make it illegal for Target to sell it to someone under 17.
15 year old tries buying a game at Target, that would be rated M if the game manufacturer voluntarily opted into
Re:Too broad of a law, correct? (Score:2)
Ergo, any game of "M Level" has zero motivation to accept a rating, because the only possible effect can be less sales from the game. Therefore no games will ever be M rated, and your law does exactly nothing, making it worse than useless.
Re:Too broad of a law, correct? (Score:3, Interesting)
They can't do that. That would be giving legislative powers to a non-governmental agency, which is illegal.
Try buying a powerstrip that's not been tested by Underwriters Laboratories. All sorts of crap I buy in Europe has US safety and compliance marks on them, all put there by labs independent of the US government, but to comply with sundry US laws.
In fact, having a third party give out ratings, and having a law re
Re:Too broad of a law, correct? (Score:2)
Re:Too broad of a law, correct? (Score:2)
Forgotten passwords have to be reset by some method.
Re:Too broad of a law, correct? (Score:2)
I don't know how the current game consoles actually work, but that problem is solvable. The trick is that kids can reset any reasonable console, but a reset can be detected. The parent either knows the timestamp of the last authorized access, or chose her own password or id code.
When the parent next logs into the control system and sees it has been reset, she knows to punish the children.
Wrong (Score:2)
Re:Wrong (Score:2)
Name a few of those places.... the USA certainly does not have such laws!
The MPAA film-ratings system is a fine example of an industry adopting voluntary controls, which worked well enough to dampen any legislative desire to pass a real law controlling movie access.
Re:Too broad of a law, correct? (Score:5, Funny)
Actually the CIA is working on a game to raise funds for covert ops. It's called Abu Grab Ass. You can either play as a guard or a prisoner. You get points for stacking the most naked Iraqs in a human pyramid. Instead of shooting you point and laugh to score points.
Re:Too broad of a law, correct? (Score:2)
The only video game I know of that the US Army (or any DoD agency) helped to create was "America's Army". [americasarmy.com] Given what I have seen of many games out there, this one is quite tame in comparison.
Re:Too broad of a law, correct? (Score:2)
I don't know the law on video game ratings, but I have this to say. Putting a rating on the video game should be completely voluntary. I don't want the government deciding if a manufacturer has to put it on the game or not.
Re:Too broad of a law, correct? (Score:2)
I don't know the law on video game ratings, but I have this to say. Putting a rating on the video game should be completely voluntary.
There is no law on video game ratings - all the ESRB ratings are voluntary.
Re:Too broad of a law, correct? (Score:3, Insightful)
I don't think the federal government should get involved with this at all as it's not defined in the Constitution (lest they make it for the 10 mile federal district). Done at the state level.
Hypothetically, let us say the government says any material rated for Mature/Adults cannot be sold to minors. This means it simply cannot be sold to a minor. An adult can still buy it for a minor, but a store cannot sell it to the minor. Whether this be video games, literature, p
Re:Too broad of a law, correct? (Score:2)
The Constitution similarly says nothing about exploring Mars. Should we disband NASA?
Re:Too broad of a law, correct? (Score:2)
But Movies... (Score:3, Insightful)
Re:But Movies... (Score:2, Funny)
So how is that going for ya? (Score:5, Insightful)
And we know those laws are working effectively.
Re:So how is that going for ya? (Score:2, Insightful)
I remember being fifteen a short decade ago. By that time I'd seen a porno, smoked cigarettes, and had consumed alcohol. (I am running for Senate in a few years after all!)
Unenforceable (sp?) laws are a waste of time, and therefore money. Parental involvement is key. I teach middle school and the things that the kids I teach talk about with me boggles my mind at times. I also feel we need to stop using the "ostrich" method of parenting, and talk openly
Re:So how is that going for ya? (Score:2)
Re:So how is that going for ya? (Score:5, Insightful)
We have laws against murder - that is not working too well either. Shall we go ahead and repeal those as well?
Exactly how your comment got modded as "Interesting" baffles me!
Re:So how is that going for ya? (Score:2, Insightful)
Re:So how is that going for ya? (Score:2)
Well, it might be a good idea to stop trying minors as adults in murder.
Re:So how is that going for ya? (Score:2)
We have laws against murder - that is not working too well either. Shall we go ahead and repeal those as well?
Exactly how your comment got modded as "Interesting" baffles me!
The laws making the drinking age 21 are a GREAT example here.
Re:So how is that going for ya? (Score:3, Insightful)
Just because a law does not resolve all problems 100% does not go to mean that the law is in itself unnecessary.
Also, this notion that if a law against selling tobacco to kids didn't exist that children would somehow stop smoking is silly to say the least. The same applies to alcohol, guns,
Re:So how is that going for ya? (Score:2)
I don't think they can have this both ways - either you are a minor and expect to have some restrictions placed on you by society (on the assumption that you are incapable of making all these decisions yourself), or you agree
Re:So how is that going for ya? (Score:2)
Re:So how is that going for ya? (Score:2)
Children should be treated as intelligent persons that do not yet have all the information on all the things that they are exposed too. Sure children are inexperienced, and as s
It would help... (Score:5, Insightful)
Every time I see an ad campaign that is clearly and obviously (to anyone with half a brain cell or more) going to have the exact opposite effect to the one intended, I seriously wonder how mankind managed to get so far yet remain so woefully and obnoxiously stupid.
I do believe that laws that restrict smoking, porn, violent games, etc, can be made to work, work well, and work in a way that can near-universally be agreed upon as good, sensible and mature, even by the most anti-legislative, pure-blooded libertarians out there. I also believe such laws won't come from backroom deals, religious viewpoints and righteous rage. They are far more likely to come from rational and open discussions.
This law on violent games, for example, was brokered by politicians FOR politicians. The judge noted that no correlation between violence and games had been proven. Why could Californian legislators not wheel out neurologists with fMRI studies that could prove a unquestionable cause-and-effect on the mechanical level? Why could they not produce child psychologists who could produce solid, verifiable, repeatable evidence of a correlation on the behavioral level? If they'd done that, what objection could have been raised to there being some response?
They didn't, for an obvious reason. They never talked to any. They never had any data to work from, so had no data to present.
Ok, assuming we now have data that a response is required, we would now have to determine what kind of response is needed. The only people who can tell you what computers can do would be computer experts. The only people who can tell you what businesses can do would be business experts. For parents, you probably want to talk to a mix of parents and sociologists.
They didn't do any of that, either.
Once you've all that information to hand, you can distill it into a law that has a clear, firm, rational foundation that has unquestionable merit in dealing with a provable and proven problem, in a manner most likely to produce a verifiable and socially beneficial response.
Ah, well, rational legislation seems to be way beyond what we have come to expect from government. A pity, as they have no excuse whatsoever in producing anything else.
This assumes legislation is needed at all, of course. If the neurologists cannot show a mechanism AND the child psychologists cannot show that said mechanism produces an actual, verifiable response that is adverse and mentally toxic, and which cannot be avoided by changing some other parameter, then there's nothing for a law to do.
(You have to have both. Just showing a mechanism isn't enough, if the mechanism can be trivially ignored by most people. Even the response is not enough, if you cannot prove beyond all reasonable doubt what triggers it, OR if there were some other change - better education, for example - that could do the job better and more universally.)
The ONLY valid legislation would be IF the science justified legislation in the first place AND the legislation honored what the science defined as being the REAL problem, AND the legislation honored what the experts said society could reasonably respond to, AND the legislation honored what the Constitution defined as being the place of legislation, no matter what the data might say.
If all those conditions had been respected and met, I seriously doubt anybody would have had
Re:It would help... (Score:2)
If only our legislators followed your model more closely, many idiotic laws would not be on the books.
Your point reminds me of NY State's Anti-Cellphone law. A law was passed banning the use of Cellphones while driving in a car unless using a hands-free device. This was before any scientific studies were done. There was alot of press and public fervor about it, but the studies weren't complete yet. Well, the law was passed, and then the studies completed about 6 months later. The scientif
Re:It would help... (Score:2)
A hand-held cellphone requires people to have three hand to drive a car: One hand on the phone, one hand on the wheel
p2p (Score:5, Insightful)
Well,If 'kids' are'nt allowed to buy a particular game due to age restrictions,what stops them from downloading from p2p/bittorrent?
Comment removed (Score:5, Interesting)
Re:You almost got the point (Score:2)
The real threat to the games industry is that the stores will look at such a law and say to themselves "Well, the E rated games sell better anyway, so let's avoid the risk of a fine or jail sentence and refuse to stock anything rated T or above." THAT will definitely destroy a revenue stream and lead to the censorship of ga
Re:p2p (Score:3, Insightful)
Re:p2p (Score:2)
Damn dude, with you, let's start with the basics: English writing and comprehension. I don't care about misspellings and the like, but the concepts and ideas ( however drug crazed ) you were trying to express got lost in that mess up there.
And you'd better believe parents *can* control th
Re:p2p (Score:2)
Re:p2p (Score:2)
I said "can".
Again, reading and writing comprehension.
Re:p2p (Score:2)
So is the government(this particular law) helping the parents by restricting what a minor can do without parental permission or is it government sticking their nose where it doesn't need to be.
The law doesn't restrict a parent's freedom by preventing a parent from buying a violent video game for their kids whether the parents don't care or feel their kids are mature enough for it.
I'm torn on this issue.
After Hearing of the Judge's Reversal... (Score:4, Funny)
After Hearing Schwarzenegger's Reply... (Score:5, Funny)
Not the government's responsibility (Score:2, Insightful)
Re:Not the government's responsibility (Score:2)
Now look at me. I'm a well adjusted adult that is three semesters away from graduating from college. I drink responsibly, I don't smoke, and I have no interest in owning a gun. M rated games share the same category
Re:Not the government's responsibility (Score:2)
I played Castle Wolfenstein when I was in elementary school. It was fun -- I liked the way the guy's face changed when he lost hit points. Duke Nukem was another favourite of mine, and I played Carmageddon briefly in highschool too.
I think all the games that I played were far less "explicit" than some of the books that I was reading at the time anyway. It's amazing how much erotica a 9-year-old can purchase and then proceed to read in class. Ok, so by erotica, I mean erotica t
Re:Not the government's responsibility (Score:2)
Now, on a serious note... I turned out just fine as well... but... You should not make calls about the law based on your own experiences. You very well could be an exception... both having gone to college, you were probably already good in school and fairly well educated and well adjusted. What is more important to look at are the over all statistics o
Re:Not the government's responsibility (Score:2)
Cool. (Score:3, Informative)
To put another spin on it, arnold would be accepting a ban on something that he personally profits for. From a business standpoint, the ban doesn't make sense for him either. I don't mean to imply that this is his guiding reason, or even a factor, but it's one way to look at it.
~Ruff_ilb
Was this law really even called for? (Score:3, Insightful)
An ESRB with teeth is not what is needed though. Restricting sales to minors won't stop them from getting what they want, it will just reduce the official sales numbers while the kids who do get their parents to get the game copy the game for their less fortunate freinds. The net effect wont be increased parently responsibility so much as it will be a rise in piracy. As the games become more unobtainable, they become more desireable to minors, and then even kids who would not have wanted the game on its merits alone will want it because they cannot have it. Situation sound like some other heavily legislated 'goods'? This is definitely not a new situation we have on our hands.
Of course the proper solution is increased parental responsibility. If the state or nation were to mandate, say, a class on parental responsibilty, parenting, licenses, or anything like that there would be riots in the streets.
It would be nice if people started noticing a pattern about social legislation. It is ineffective and nobody likes it. The only way this issue will be solved is if parents start thinking about the problem for themselves and maybe pay attention to their kids once and a while; but I don't see that happening anytime soon, do you?
Precedent (Score:5, Insightful)
Cigarettes and alcohol don't involve speech or expression.
And as far as pornography, it may be true that Mr. Yee doesn't let his kids look at it. But that's not the constitutinal standard. The Supreme Court has already overruled the Communications Decency Act, which required adult websites to verify age before displaying any "pornographic" content.
Typical legislative mentality. Ignore the constitution... just do what makes you look good and let the courts sort it out.
Re:Precedent (Score:3, Interesting)
Reno v. ACLU [epic.org]
"In sum, the District Court found:
"Even if credit card verification or adult password verification were implemented, the Government presented no testimony as to how such systems could ensure that the user of the password or credit card is in fact over 18. The burdens imposed by credit card verification and adult password verification systems make them effectively unavaila
Re:Precedent (Score:2)
No, that merely means someone behind the monitor is holding in his hands an ID of someone who is over 18. That does not necessarily mean that he is over 18.
Re:Precedent (Score:2)
And this is working just marvelously! Honestly. Two flawless ways to check age:
1. Please enter your birthdate for us to check (it works every time cuz porn users are extremely honest and can never dial wrong birthdate. We have a case of a porn user who commited suicide after realizing he dialed wrong month for his birthdate on such a site).
2. Please enter your full credit card details for us to check (since minor can't
Re:Precedent (Score:2)
The reason you "don't remember" is because you're unfamiliar with the Bill of Rights.
Also, please see the Ninth Amendment:
Re:Precedent (Score:2)
And of course the Ninth Amendment is a bit of a difficult thing to get anything tangible out of. All it sa
Pornography != Obscenity (Score:2)
What does not get protection is "obscenity". But there is a very difficult test for speech to be deemed obscene. If there is any "serious artistic, literary, political or scientific" to it, it is not obscene. If the sexual acts are not depicted or described in "a patently offensive way", then the work is not obscene. If those acts are not specifically defined in state law, the work is not obscene. If contemporary community standards do not hold that
Re:Precedent (Score:2)
Yes. And any time the government regulates speech, it
What the law is really about. (Score:4, Insightful)
who is ultimately responsible? (Score:3, Interesting)
The bottom line is that parents should be the ones regulating what their children are doing. If you don't know what games your child is playing, what music they are listening to, or magazines they are buying, then you need to get more involved with their lives.
Stop blaming retailers, game companies, cable tv, and generally everyone else. Do you job as a parent, discuss with your children why the material is unsuitable for them. Heck, buy it and interact with them.
Good (Score:3, Interesting)
The states cannot take away rights that originate from citizenship.
Now I'm about to be corrected by someone who really knows what they're talking about
Re:Good (Score:2)
Furthermore, the Federal government cannot regulate anything that the Constitution does not explicitly give them the authority to regulate. In other words, 99% of all Federal laws are unconstitutional -- including, for example, all restrictions on drugs and weapons, except those that regulate trafficking across state borders.
Activist Judges (Score:3, Informative)
The very same judge made a very similar ruling [slashdot.org] only two days ago!
[Ramones]Dupe, dupe, dupe, dupe & roll highschool[/Ramones]
There's No Law Against Irony ... (Score:3, Interesting)
Re:There's No Law Against Irony ... (Score:2)
It's not irony, it's trying to muscle out his competitors. You'll note that it didn't apply to movies.
Movies like that are now competing for audience with games like "Splinter Cell". If he can pass laws to make it difficult to produce and sell games that are after his mark
Kind of ironic (Score:2)
Need this Judge (Score:2)
Yeah, yeah (Score:2)
Supervision is the key (Score:3, Insightful)
On parent responsibility and these laws (Score:2, Interesting)
Look at the cost of living these days. In many places, paying rent or a mortgage costs over $2000 per month. With phone bills, cable bills, electric bills, water bills, car payments, credit card payments, and so on, in order to afford all of this and have a parent able to stay at home t
Re:On parent responsibility and these laws (Score:2)
This is clearly not the case. There are charming examples of both extremes in all income groups. Thus I refute your "I could look after my kids properly if I had more cash" argument.
Re:On parent responsibility and these laws (Score:3, Insightful)
Ahhhnold win-win. (Score:3)
Arnold gets to take credit for "protecting" minors. He also now has the opportunity to slam the judicial branch for being "liberal." (Whatever that means.)
However, the law was nothing more than restraint of trade.
Sax & Violins (Score:2)
Re:great, just great (Score:5, Informative)
Re:great, just great (Score:5, Informative)
Actually, many people think this, but they are mistaken because they're leaving out an important part of the legal system.
Judges need to pay attention not only to the constitution, but also need to carefully consider precendent. This is the part that most people don't realize, and why they get confused when rulings happen that seem contray to how they understand the Constitution or particular laws. The Constitution and the laws of the land are only the beginning of the US legal system, it's the judges that interpret the laws and establish precedents which, later, are followed by other judges in other interpretations and rulings down the road.
This is why Chief Justice Roberts, for example, says he personally doesn't think that abortion should be legal (or some variety on "Roe vs Wade was decided wrong), but considers it to be settled law, and he would need some sort of extraordinary circumstance to occur for him to vote to overturn RvW. It's the principle of "stare decisis", and you can read more at http://en.wikipedia.org/wiki/Stare_decisis [wikipedia.org]
There are, indeed, people who don't believe that stare decisis should be as predominant as it is, but they seem to be in the minority. Stare decisis isn't a new legal concept dreamt up in the last decade or two, though. It's been around a long time.
Re:great, just great (Score:2)
Re:great, just great (Score:2)
I often wonder where comments like these come from. I happen to live in The Netherlands, which isn't a "common law" country, and which was succesfully invaded by Napoleon, who then established codified civil law. The big deal about the Napoleonic code wasn't that it superceded all precedent, but rather that it harmonize
Re:Idiot Judge (Score:2)
Furthermore, a law like the one that this judge just struck down is one that decides what your child has access to on your behalf -- it does NOT let you make that decision. You might be rabidly opposed to The Sims, for example, because it allows promiscuous sex and homosexual "unions", but since it's rated Teen, the law woul
Re:Idiot Judge (Score:2)
Re:Idiot Judge (Score:3, Insightful)
If anyone comes up with a study that proves that games, violent or otherwise, have any effect on youth other than encouraging them to sit on their slowly enlarging buttocks instead of playing outside, then I'll support restricting their access.
However, all that any study that I've seen has proven is that there are some correlations between violence and violent game play. Not ca
Re:Idiot Judge (Score:5, Insightful)
Actually the judge does think you have a right to decide what your child has access to, the judge doesn't think you have a right to decide what MY child has access to.
Re:Idiot Judge (Score:2)
Actually, both your children still have access to violent video games. It is perfectly legal for a minor to play these games. They just need tacit approval from a parent to play these games and in this case, that approval is metted out by the giving the adult the exclusive right to purchase the game in question.
Re:already enforced, dead issue (Score:2)
Re:already enforced, dead issue (Score:2)