gamepolitics: Game Developer Hears From Video Game Bill Sponsor

Game Politics (

gamepolitics) wrote,
@ 2006-09-12 07:12:00

Entry tags:

democrats, hr5345, jim matheson, legislation, video games ratings enforcement act

Game Developer Hears From Video Game Bill Sponsor

Utah Congressman Jim Matheson (D, seen at left), is the sponsor of the Video Games Ratings Enforcement Act, currently pending in the House. Matheson has corresponded (okay, a form letter, but still...) with Jay Barnson of Rampant Games.

Unhappy with elected official's response, Jay blogged extensively about his exchange with Rep. Matheson. It's especially noteworthy, coming as it does, from the perspective of a small-studio game developer. Here are some highlights:

"Yesterday I received a snail-mail letter from Congressman Jim Matheson, who represents my state of Utah... For the most part, it reiterates the same rhetoric being bandied about in defense of the laws that are being enacted (and, so far, universally shot down as being Unconstitutional)... It contains some major inaccuracies and rather offensive comparisons..."

Barnson addresses Matheson's letter point-by-point, including the bill's requirement that all games be rated. But what of online games, casual games and non-retail products from small studios?

"In other words, anything that can be called a 'Video Game' is ILLEGAL to be shared with another person in any way... unless it contains an ESRB rating, which costs a minimum of $5,000 (and you KNOW the price is going to go way up if this bill goes through, which I pray it does not)."

"...I am frankly astonished at this attempt at legislation... I will attribute this more to ignorance than malice in many cases, but it is the job of our leaders to adequately research these issues AND to understand possible unintended consequences before drafting potential law that will shape our future. And it clearly hasn't been done with these instances of knee-jerk legislation."

(Post a new comment)

What is there to enforce?

trenthowell
2006-09-12 01:45 pm UTC (link)

all games that are sold commercially in stores already get an ESRB rating, most stores that I know of wouldn't sell a game that didn't have an ESRB rating anyway and you never see an AO rated game, I've never known one to exist that was sold publicly.

And how are they going to enforce this part: "(2) any video game containing a content rating of `Mature' (as determined by such Board) to any person under the age of 17."
Are they going to have an FTC operative standing behind the counter asking for ID's everytime someone comes in to buy an M rated game? Way to work around that, the parent comes in and buys the M rated game.

Bluntly put, there would be no change in the status quo and in the long run that Enforcement Act would be a waste. The intentions are good and it keeps the ESRB relitively in charge still, but theres no real way to actually enforce it. The ESRB is more succesful with its rating system than the movie rating system, why can't movies come under the same scrutiny and hypocrsy

(Reply to this)(Thread)

	Re: What is there to enforce? muhammed 2006-09-12 03:33 pm UTC (link)
	"The ESRB is more succesful with its rating system than the movie rating system, why can't movies come under the same scrutiny and hypocrsy" Because they had their time in the hotseat a few times already. Its our turn now. (Reply to this)(Parent)

	Re: What is there to enforce? jabrwock 2006-09-12 03:48 pm UTC (link)
	Because movie companies don't hide pictures of penises in single frames of movies... er ... Well they certainly don't hide images of nudie bars in kids cartoons... um... drat! (Reply to this)(Parent)(Thread)

	Re: What is there to enforce? blackmesaman 2006-09-12 06:39 pm UTC (link)
	and they dont put subliminal messages in movies about lions...oh crap (Reply to this)(Parent)(Thread)

	Re: What is there to enforce? hayabusa75 2006-09-13 04:04 am UTC (link)
	Beat me to it, yah bahstad!! =) (Reply to this)(Parent)

Re: What is there to enforce?

barfo
2006-09-12 06:15 pm UTC (link)

"all games that are sold commercially in stores already get an ESRB rating, most stores that I know of wouldn't sell a game that didn't have an ESRB rating anyway and you never see an AO rated game, I've never known one to exist that was sold publicly."

The point (and the linked blogger makes this too) is that the legislation does not apply only to brick and mortar stores, it is written to apply to any distribution of any games commercially. So it would immediately make illegal any distribution of any small unrated game over the internet whether by the developer trying to sell it from their site, or a ad-supported portal site that serves up free games, etc. By manner of example, think of if the bill was worded to crack down on all movies not rated by the MPAA. Not only would that make all porn video people criminals, it would also apply to indie films that do not wish to be rated for whatever reason (ex: "This Film is not Yet Rated"), and it would shut down YouTube and all similar sites that "distribute" videos not rated by the MPAA.

Overall the ESRB would greatly benefit from taht aspect of the law (as they would have a government-sponsored monopoly on video games, as no game could get made without their say-so), which makes it an obvious violation of 14th amendment due process clause due to improper investiture of governmental authority into a private party.

(Reply to this)(Parent)

	Re: What is there to enforce? kincyr 2006-09-12 07:42 pm UTC (link)
	The ESRB is more succesful with its rating system than the movie rating system, why can't movies come under the same scrutiny and hypocrsy the ESRB is also more successful with its enforcement than the MPAA is. I had to provide ID when I got an M-rated game (Silent Hill 4: The Room) but not when I went to see an R-rated movie (The Protector, great movie BTW) (Reply to this)(Parent)

Vote for ME, I'm PRO FAMILY!!

verbinator
2006-09-12 03:24 pm UTC (link)

Congressman Matheson is up for re-election in two months. Hence the legislation. It says "Look, I may be a Democrat in a Conservative state, but I'm still pro-family values." Utah, here's your opportunity to elect someone who understands the Constitution of the United States and it's amendments.

On the other hand, perhaps the Congressman would be willing to donate his salary (and convince his co sponsors to do do the same) to indy game developers so they can afford the ESRB rating process. Nahhh. I didn't think so.

(Reply to this)(Thread)

Re: Vote for ME, I'm PRO FAMILY!!

illspirit
2006-09-12 05:24 pm UTC (link)

It says "Look, I may be a Democrat in a Conservative state, but I'm still pro-family values."

Personally, I thought it just screams "Look at me, I'm a utopian hive-mind moonbat who's redacted the term 'personal responsibility' from the dictionary and wishes to shift the blame for all of society's ills onto random inanimate objects because, hey, even the criminals are victims too!" But don't mind me, I'm just jaded and bitter. ^_^

(Reply to this)(Parent)

	Re: Vote for ME, I'm PRO FAMILY!! terminator44 2006-09-12 08:13 pm UTC (link)
	Utah, here's your opportunity to elect someone who understands the Constitution of the United States and it's amendments. Wait, those kind of politicians exist? I thought they were just a myth. (Reply to this)(Parent)

	Re: What is there to enforce? zewrestler 2006-09-12 03:38 pm UTC (link)
	I see the price going way up considering ESRB is getting burned for not playing the game in its entirety. IF they did everything for every single game, imagine the price increase. (Reply to this)

Hold it!

kharne83
2006-09-12 04:04 pm UTC (link)

In other words, anything that can be called a 'Video Game' is ILLEGAL to be shared with another person in any way... unless it contains an ESRB rating, which costs a minimum of $5,000 (and you KNOW the price is going to go way up if this bill goes through, which I pray it does not).

Wait a sec. So if some Utah gamer decides to show his buddy Cave Story or Dwarf Fortress (Both unrated freeware games) That would be illegal?

Now I know there's no hope for enforcement, and even if there was I doubt some cop would arrest you for introducing people to NetHack, but isn't this just a tad insane?

(Reply to this)(Thread)

	Re: Hold it! verbinator 2006-09-12 04:36 pm UTC (link)
	"So if some Utah gamer decides to show his buddy Cave Story or Dwarf Fortress (Both unrated freeware games) That would be illegal?" Not just a Utah gamer, but any gamer in any state. This is being proposed as a federal law, not a state law. (Reply to this)(Parent)

The most blatantly unconstitutional law of its kind so far

ace_of_sevens
2006-09-12 06:00 pm UTC (link)

All previous laws only tried to restrict commercial distribution, but this hits everything. Requiring people pay $5000 for the right to distribute their speech is the most blatant encroachment encroachment on free speech since the alien and sedition act. I'll give Matheson the benefit of the doubt and say he just knows nothing abotu the video game industry rather than he's doing this on purpose. I'm fairy sure this won't actually pass, luckily.

(Reply to this)(Thread)

	Re: The most blatantly unconstitutional law of its kind so far brainswarm 2006-09-12 10:53 pm UTC (link)
	Even if some form of insanity hits the U.S. House of Representatives, the Senate, and the President doesn't veto it(but when does he veto anything), it still will never make it past the first court challenge, if past precedent is any indication. (Reply to this)(Parent)

goodrobotus
2006-09-12 06:01 pm UTC (link)

From the way I'm reading this, I wouldn't be surprised if Europe is rubbing it's hands in anticipation. Game Industries won't want to work in a country that you cannot even review a game in without risking breaking the law. Even a Universal Media law would only have kept things on par with Europe, but laws like this would actively push the Industry away.

Just think, all those American kids buying games, and all that American money flowing across the Ocean into European pockets.

Does your Government like being in debt or something?

(Reply to this)(Thread)

	the1jeffy 2006-09-12 07:39 pm UTC (link)
	Does your Government like being in debt or something? Yes. Lower taxes, raise defense spending to all-time highs. This government loves debt. (Reply to this)(Parent)

	I won't be surprised if..... kurisu7885 2006-09-12 06:11 pm UTC (link)
	soem developers and publishers that showed shady practices, say, EA are al lfor this, as it would snub out most competition from smaller developers. The old sayign went "If it ain't broek, don't fix it." Apparently all these politicians are taking the saying "if it works, smash it with a pipe wrench then break it worse." (Reply to this)

	OT - forum? sqlrob 2006-09-13 02:47 am UTC (link)
	Are there problems with the forum, or is it me? I can get to www.gamepolitics.com, but the forum page isn't coming up. (Reply to this)(Thread)

	Re: OT - forum? gamepolitics 2006-09-13 03:02 am UTC (link)
	working for me... (Reply to this)(Parent)(Thread)

	Re: OT - forum? hayabusa75 2006-09-13 04:08 am UTC (link)
	Actually, I had that problem earlier this morning, but a half hour later it was fine. (Reply to this)(Parent)

	Wouldn't it be grand... hayabusa75 2006-09-13 04:12 am UTC (link)
	...if the politicians responsible for passing these video game bills had to reimburse the ESA's legal fees out of their own pocket? I bet that would put a dead stop to EVERYTHING, and then peckerheads like Jack Thompson will be whining about how America's leaders don't have the stones to pony up money for what's right. In a perfect world... (Reply to this)

	deronimo 2006-09-13 01:09 pm UTC (link)
	This CAN'T be legal. It's a direct breach of free speech. When are we going to start rating books to protect the children from harmful words...? (Reply to this)

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