Comic Book Industry Rallies Against Game Law

Comic Book Industry Rallies Against Game Law

Legal lobby supporting the comic book industry has thrown it support behind the game industry against California game law

By NateBest - Sep 20, 2010 08:09 AM EST
Filed Under: Video Games
Source: www.HolyFragger.com

The Supreme Court case that may determine whether states can criminalize sales of games to minors gre a bit more complicated today as a legal lobby supporting the comic book industry has now thrown its support behind the game industry by filing a "friend of the court" brief in the case, which has been officially titl"Schwarzenegger vs. the Entertainment Merchants Association".

The Comic Book Legal Defense Fund (CBLDF) has asked the Supreme Court to reject the law on the grounds that it "would undermine more First Amendment principles in a single case than any decision in living memory," according to a copy of the brief obtained by the Los Angeles Times.

"The first amendment is indivisible," said Robert Corn-Revere, an attorney with the law firm representing the CBLDF, said. "If it's weakened for one medium, it's weakened for all. If a precedent is established for the censorship of games, it will be used for everybody else. You'll see a lot of support for our position from different quarters."

The Supreme Court will hear arguments on November 2 in "Schwarzenegger vs. the Entertainment Merchants Association". California Assembly Bill 1179 is at issue in the case, which was signed into law by Governor Arnold Schwarzenegger in 2005, but challenged in court before it could take effect.

Penned by California state assemblyman Leland Yee (D-San Francisco), CAB1179 sought to ban the sale or rental of "violent video games" to children. A "violent" game was defined as a "game in which the range of options available to a player includes killing, maiming, dismembering, or sexually assaulting an image of a human being." If it becomes law, retailers that sold such games would be subject to a $1,000 fine.

The bill would also have required "violent" video games to bear a 2-inch-by-2-inch sticker with a "solid white '18' outlined in black" on their front covers, more than twice the size of the current Entertainment Software Rating Board (ESRB) ratings that currently adorn covers.

In 2007 a circuit court judge struck down the law as unconstitutional, but admitted that he was "sympathetic to what the legislature sought to do." Last year the original ruling was backed up by an appellate court judge.

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Hellmont
Hellmont - 9/20/2010, 8:40 AM
I firmly believe that parents should put more effort into teaching their children the difference between right and wrong. Real and fake, Respect and honesty!!!!
Without these basic social principles it doesnt matter how many damn laws they pass. Yeah video games like GTA and violent paraphernalia can influence a child to commit heineous acts of violence if you raise him like a heathen which most ppl do with their children. They raise them like shit. They should pass laws that punish the parents for not educating their children. Schools can only teach so much but the main formation of the individual is in the home.
Everything starts in the home.
JoshWilding
JoshWilding - 9/20/2010, 8:55 AM
Interesting. I'm not sure whether it's a "law" in the UK but games all have ratings just like movies - something like GTA IV is an 18 for example and anyone under that age cannot buy it. I can't really comment whether or not kids should be completely banned from playing stuff like that though as I just used to get my parent to buy the games that I was too young to buy myself! :P I don't think it's that big a deal myself...I've played violet games since I was much younger and have never had a desire to live them out and kill/attac anyone! Stuff like that is just down to bad parenting and mental issues rather than video games IMO.
mawilli4
mawilli4 - 9/20/2010, 9:17 AM
i thought that if you were under 17 you couldn't buy a Mature rated game, or is that just Game Stop policy? If it's the latter then no law is needed because it looks like game stores are self-regulating.
Paulley
Paulley - 9/20/2010, 9:20 AM
yea you gotta admit.. that usually the people that go around maiming and killing other people are not the same people that sit at home playing "violent" video games.
jazzman
jazzman - 9/20/2010, 9:21 AM
people always blame violent video game on how bad their kids behaving they should raise their children better. i played violent video game and it never effected me cause i know whats right from wrong cause i was raised by great parents.
MercMatt
MercMatt - 9/20/2010, 9:26 AM
This type of debate is getting old and outdated. What's the difference between violent games and violent movies??? The both depict the same imagery, so why are the movies much more accepted than the games??? If anyone is going to ban anything, they should ban the idiots who purchase these games just to complain about what kind of affect the games will have on our Nation's youth.
Joe6Pack74
Joe6Pack74 - 9/20/2010, 9:31 AM
Much to do about nothing. Banning stuff and putting big labels on boxes has not helped in one single instance. Look at packs of cigarettes, big warning and still people choose to smoke them. Kids figure out ways to get them. Another useless law on the books is not what people need.
IrfonW
IrfonW - 9/20/2010, 9:37 AM
They should educate parents rather than do this. Most kids who play games they shouldn't play get them from a parent. Then of course the parents complain about violent games, which they shouldn't because games are just not for kids.
leeharveyoswld
leeharveyoswld - 9/20/2010, 9:56 AM
Poverty creates crime
Not video games
Instead of wasting time on something like this they should focus on creating jobs or something
Shaman
Shaman - 9/20/2010, 9:57 AM
Yeah, okay, WOAH!!! I'm a parent and at the end of the day, it is STILL the child's choice to act badly or not. Kids aren't programmable robots. YES they DO always keep in concideration everything their parents have tought them but they DO have their OWN personalities and they DO come to an age where they start making their OWN decisions and become the person they CHOOSE to be. And that's regardless if it disobeys what they learned from their parents in their tender years. You might not realise it but that happens WAY before they hit 18! A videogame does not MAKE a child act. The child CHOOSES to act how HE wants. If your child even remotely has a slight tendency to "thrill seeking", and is slightly easy to influence no matter what punishment awaits him at home, then one day he just might try to see with what acts he can get away with, no matter how hard you tried to teach him to behave. So don't give me this shit about "punishing" the loving parents of challenging children. Sure you were only talking about the parents who DO raise their children to be nothing more than criminals but then the law doesn't distinguish between the two so you'd be condemning more innocent parents than guilty! It is EVERYONE'S duty to obey the law, child and retailer alike! If a child commits a crime, then he or she SHOULD be charged, not the parents. If the retailer doesn't obey the law and sells adult products to a child, then he or she SHOULD be charged, not the parents. Lets stop putting the guilt on anyone else but the guilty! Stop it with the "but he's just a child" bullshit! Kids take into everything before their 10 years old. After that, they choose to do whatever they want, even if they aren't allowed. How you raise your child only goes as far as the child chooses. The second the parents have their back turned, they are without supervision and they act how they want to. Superman can't even be at two places at the same time in a freakin' comic book so how can you even ask the parents to do that in real life? It is imperative for parents to teach their children at a very young age what is right and what is wrong, what the law is and it's consequences but at the end of the day, it will never be anythying more than "advice". And it is the child that will choose whether to take it or not.
ASSASSIN666
ASSASSIN666 - 9/20/2010, 10:04 AM
First off the education system sucks, and worse off are the kids in the eduction system. Kids today are far more worried about if the cell phone they have is cool enough to impress their friends. I don't think certain games should be sold to minors, and any parent who would buy their child a rated M game needs parenting classes. I play plenty of violent games, that doesn't mean I want my son, or daughter playing them. There's plenty of time for these types of games when they are old enough. Parents today have no f**king clue what their children are doing. I wonder if a parent went and checked on a child's ipod, computer, cell phone, or video game system what they would find. I agree with a ban on selling games to kids who are not of age, however it is a parent who needs to take action in raising their child/children. Laws will help, but it has to start in the home, not the government. Most of these kids are so lost when it comes to learning anything. I don't think that eduction should come from the entertainment industry, games, TV, movies, or otherwise. I feel disgusted that these kids know all about Jersey Shore, but they couldn't find New Jersey on a f**king map.
IrfonW
IrfonW - 9/20/2010, 10:21 AM
@dirtyfarmkid I'm not sure if they are boys or girls lol. One even did an annoying victory song.
tazmaniak
tazmaniak - 9/20/2010, 10:56 AM
"This type of debate is getting old and outdated. What's the difference between violent games and violent movies??? The both depict the same imagery, so why are the movies much more accepted than the games??? If anyone is going to ban anything, they should ban the idiots who purchase these games just to complain about what kind of affect the games will have on our Nation's youth."

I think the way they're looking at it is in a movie you're watching people kill or commit violence, whereas in a game, you're the one doing it.
Wolverine1974
Wolverine1974 - 9/20/2010, 10:58 AM
Being that I am a Criminal Justice major I did a report on this. There is no real scientific proof that video games and violence go hand in hand. There is more violence on T.V. than in games. Also I agree with most of you in where parents should be responsible for what games their kids play; however they can not be responsible if their kids plays a game at a friends house and the friends parents don't feel the same way that you do.
selinakyle
selinakyle - 9/20/2010, 11:34 AM
A lot of this has to do with parenting. Yes there are some kids who are straight up Psychopaths but at the same time, parents need to be active when it comes to media consumption by their kids. Why would you as a parent buy a pair of shoes worth $200 for a child? Kids these days are not taught anything about accountability and personal responsibility because the parents are doing a piss poor job. It is your duty as a parent to regulate what your child watches/plays. You have kids getting buck wild out there and their parents cant even be bothered to reign them in. Oh your child wants a certain game? Maybe you as a parent should play that game first and see what its about instead of just dropping the money and buying it.
Shaman
Shaman - 9/20/2010, 12:02 PM
weneedrevelation- MY point was; not to take an extreme over the other. Nothing is ever simply black or white. I never said that the way kids are raised is irrelevant because it would be extremely idiotic to think so. The other extremity where people feel that EVERYTHING a child says or does HAS TO BE the parents' fault isn't anymore valid. I know for a fact that parenting isn't irrelevant but don't go thinking for one second that any child is innocent simply because they are under 18 years of age. Yet most people are way WWWWWAAAAAAAYYYYYY to eager to throw the blame at the parent of the child that commited a crime. As if the child was "brainwashed" to do evil by his or her parents. Well unless you can PROVE that the child was "programmed" to do such a thing, then NO the parents aren't at fault until proven guilty. Everybody seems fine to forget who is actually guilty of commiting the crime the second the individual isn't an adult. That's just being deliberately ignorant. It's as ridiculous as blaming it on the devil itself! As if human beings are just mindless drones until they reach 18.
WhoTheHellIsBen
WhoTheHellIsBen - 9/20/2010, 12:14 PM
You guys are totally missing the point! Now that the economy has recovered, unemployment is at an all time low, we have brought all of our troops home from war, there are no homeless in America anymore, there are no longer high school drop outs, we have won the drug war, prostitution has been eliminated, we are all on solar power, oil is a thing of the past, the Ozone has been repaired, crime is at an all time low, taxes are almost non existent, Republicans and Democrats now works together for the good of the country, racism is deader than Sonny Bono and it no one worries about leaving their doors unlocked anymore the only thing left is to wrangle in these damn Video games!!!! .....Huh? what? none of that?....at all?....seriously?....but isn't it 2010?...and none of this has been fixed?.....my bad. Well then WTF???
Shaman
Shaman - 9/20/2010, 12:18 PM
LogicEngage- HA! Good point, yet alot of idiots would blame all that on videogames if they could ever figure out how LMAO
WhoTheHellIsBen
WhoTheHellIsBen - 9/20/2010, 12:27 PM
This is just more craptastic dog and pony show stuff to distract the masses from the actual issues no one seems to want to tackle. For the parents and people the do want this, how about trying to be a good parent instead? If your kid is out of control it's because you suck as a parent period.
INFAMOUS88
INFAMOUS88 - 9/20/2010, 12:49 PM
It says a "game in which the range of options available to a player includes killing, maiming, dismembering, or sexually assaulting an image of a human being."
Does this mean the law will not apply to games in which the player does this to another type of character than a human? Some of the most violent games there are dont have people in them.
Also i totally disagree with this, and think its hugely ironic that a violent action movie star is putting up this case against violent media.
Vital
Vital - 9/20/2010, 2:07 PM
The funny part is there is an upside for us whoever wins. If the entertainment/games/movies/comics industry wins, nothing will happen, it will just be back to our amendment, free speech, and that's all.

If California wins (and I know 11 other states are going to go forward with their case if California does win and ban minors from violent videogames) we will not have all the kids in California (probably like 8% of the youth online) screaming into the microphone while I'm trying to enjoy my pwning. I always ask these children how they got this game, or if your parents know you're playing this game (cause some of them are pretty violent and mature like Gears of War) and they say their parents got it for them. I usually tell them that they have failed as a parent if that's the case, and that my mom would have killed me if she caught me playing a game like that. It's sad when the parents are so lazy they just give the kid whatever he is wanting, without researching it beforehand. I mean, even if you think your child can handle the game itself, the people on xbox live or psn or 10x worse with the stuff they say, so having your child on there being told to "stfu" and "N" word to some kid isn't good. I have to mute the kid, cause they are so irritating I cannot handle it. Parents need to pay attention and babysit their own kids, not let the state do the work for them. Though, I'm worried if they do win, they don't think they can do whatever they feel like now, with their heads held high, thinking they are all bad ass, trying to ban violent games to all people. I mean, that would be almost impossible with the free speech amendment, and since it's a ban to everyone, every single person in the industry would fight it. It'd lose very quickly. You can ban it from a certain age group, but not the world.

But on the other side of that coin, it's not a bad idea to govern those types of games to minors, hell, we do it to porn, cigarettes, and alcohol, which are all harmful in one form or another (porn is more a visual/mental thing cause you can't take back what you see lol). I don't think kids should be allowed to play some of the games that are out because of the content in the game, and they should especially be unable to play any type of multiplayer with other people online (strangers no less).

I'm on both sides of this, but I'm leaning towards ban of minors for the reasons I listed above. Kids don't belong in mature settings, it's not that hard of a concept.
WhoTheHellIsBen
WhoTheHellIsBen - 9/20/2010, 2:48 PM
If this law passes you'll probably see some community site spring up that will sell the game online through third person private sales which would be a loop hole in the law, like an auction site or something.... Like a big BAY of stuff almost like E commerce but it would be like an Ebay! What do you think? Should I copyright this before someone steals my idea?
comicb00kguy
comicb00kguy - 9/20/2010, 4:10 PM
The problem here is that, even with this law on the books, too many parents would still buy these games for their kids because they give the kid everything he wants without screening it first. If the parents won't buy these games, an older sibling or friend certainly will. Look how many teens still smoke, despite universal laws prohibiting them from buying cigarettes. Laws prohibiting sales to minors do nothing if people turn a blind eye to it.

This law has its heart in the right place, imo. The thing is, Chad Vital is exactly right with many points in his excellent post right above this one.
TycoRC
TycoRC - 9/20/2010, 4:37 PM
The Fact is, I'm sure nobody on this site actually has any child psychology experience what so ever. Only "I have a child", or "I've been a child". And by saying that, I'm sure none of these politicians and social advocates do either. It always bugs me, that this topic continually gets brought up and we never hear from any researchers/experts in the field. These laws are being suggested by people who what something on their political resume, and the game/comic industry only care and stand up because of profits. I don't buy for one second, that the comic and game industry care about personal rights, this is a money/political battle.

Personally I don't think these laws will solve anything, but I also think our society is pretty messed up with how we glamorize violence. Especially, when its packaged and sold to kids. But I'm no expert and don't know jack on the matter. So how bout we just go back to talking about comics and movies?
Vital
Vital - 9/20/2010, 4:56 PM
You know what's gonna happen if it does pass, a skyrocket of fake IDs lol.
Betty
Betty - 9/20/2010, 10:57 PM
what?
HUSoldier
HUSoldier - 9/21/2010, 8:50 AM
this needs to be put on the parents. The kids under the age of 18 are usually getting the money to buy these from the parents. Don't just give your kids $60 and not care. Be active, dont make this the rest of the states problem cause you didnt realize a game called KILL THEM BITCHES was about a game that you kill people.
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