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Video Game Regulation: Where We Are Now
 
 
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Features
  Video Game Regulation: Where We Are Now
by Neils Clark
12 comments
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January 20, 2009 Article Start Previous Page 5 of 5
 

With the election of Democrat Barack Obama, both gamers and the industry have speculated as to the future of games regulation under his administration.

"We need to make sure that all of our children have access to these technologies and we must teach our children how to harness the huge potential of this technology. I want to make sure my children are protected from the dangers of the new media world, but I also want to make sure they reap the benefits of it," said President Barack Obama, in late 2007.

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But what, if anything, does that mean for us?

Many of the decisions facing Obama will influence the games industry. With California's overturned ban of video game sales to minors very likely heading to the Supreme Court, his appointments are not insignificant in terms of gaming legislation.

That being the case, Dennis McCauley doesn't seem too worried about an Obama administration jumping to legislate media right off the bat. 

"To be honest, I think that when politicians get around to legislating video games that will mean that they're feeling comfortable with some of the more important issues," he says. "Right now there's so much on President Obama's table: the economy, the wars in Iraq and Afghanistan, I can't see his administration prioritizing video game content legislation."

And while we very well might not see much legislation over content, maybe it is time to pay more deliberate and informed attention to video games. With a sinking economy, maybe we can find clues in countries like Korea -- not just in how government can work to promote a strong gaming sector and gaming culture internationally, but perhaps also in how a country can come together to better understand, balance and make use of the media all around them.

Though looking into other countries probably won't provide a magical codex of good legislation and societal understanding, it could at least give more of an idea of what to expect.

Some of the laws and studies being created in other countries will eventually make their way around the globe. International legal cases on major issues can create imperatives, especially when domestic courts are desperate for any basis of comparison.

It's a more than likely scenario. Much of what happens, especially with online interaction, user generated content and the like, has no existing basis for comparison. Much of it confuses our sensibilities about who gets to regulate what and how they get to do it.

Increasingly online gaming technology is just one of many platforms injecting American nationals in America, who have a constitutionally bequeathed freedom of speech, into the very same social spaces as Chinese nationals in China, who do not have the same rights to speech. The rules that govern those kinds of spaces, and who gets to decide on them, are being tried on in different forms right now.

Game players and game creators both rightfully watch the future of video game legislation with an interested, sometimes anxious eye. The choices made by legislators and governments around the world may have the power to influence how games are crafted and experienced.

Even if a government stops short of imposing strict time limits on play, or draconian content limits, self-censorship is a much more subtle, more dangerous beast. Government pressures on rating boards, and their subsequent pressure on "appropriate" or "marketable" imagery, may already affect a number of gaming companies internationally.

So it's important to note that some of the game crafters and the game experiencers also have opportunities to shape forthcoming laws. It may not be that every gaming law threatens freedoms, profitability and/or the potential of games generally.

Some regulation, done correctly, is part of the deal. It may even be that not every regulatory body capable of unconstitutional censorship or economic mischief is governmental in nature. If regulatory bodies were the only barriers between the artist's vision and a shipped AAA game title, what a world that would be.

But legally, there is also an imperative. This puzzle, our international mishmash of laws, is being pieced together right now. Do forthcoming laws work to preserve culture and creativity, property and privacy, or don't they?

Knowing that, will gamers and the developers from different parts of the world be well enough informed and motivated to preserve their burgeoning form of art?

Maybe, but probably not. These are just games.

Trifles. Kid's stuff.

 
Article Start Previous Page 5 of 5
 
Comments

Bill Redd
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WARNING: This comment is rated PG-13. Strong Lanquage.

"The sour faces shouldn't be too surprising when politicians say things like, "I want to restore values so children are protected from a societal cesspool of filth, pornography, violence, sex and perversion," (Mitt Romney-R). "

Of course, once again on this site, it is a Republican who gets to be the bad guy. One quick google search reveals many more enemies to choose from:

Hillary Clinton (D)
Joe Lieberman (D-IN)
Tipper Gore (D)
former Gov. Rod Blagojevich (D)
Sen. Juan Hinojosa (D)
Sen. Evah Bayh (D)
Sen. Jon Erpenbach (D)
Jan Schakowsky (D)
Assemblyman Tem Leland Yee (D)
Miami attorney Jack Thompson (D)
Roy Burrell (D) LA
Assemblyman Keith L.T. Wright (D)
Rep. Jeff Harris of Columbia (D)
Rep. Mary Lou Dickerson (D)
Rep. Joe McDermott (D)
Justin Ross (D)
Sen. Vi Simpson (D)

ALL have proposed bills, or made comments against the video game industry. But your selection, whether intentional or not, surely will leave some un-informed or perhaps younger readers with a bad taste for republicans. "Damn church freak Romney doesn't want me to play my games..."

Dude, I'm a Republican (no $H!T you say) and an atheist, and I don't care what letter comes after the name, I do not want my life or choices limited by a politician in any facet.

Personally I think all forms of entertainment: TV, movies, books, magazines, games, websites etc... Should have a content rating similiar to movies or TV.

Let the buyer beware, then let him buy it!

Otherwise, great article!

Stevan Zivadinovic
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If Lieberman and Jack Thompson are Democrats I am a platonic solid. The convenience of latching onto a Republican when talking about these kinds of issues stems from the fact that Republicans like to monopolize morality and morals as something only they are able to posses.

Jason King
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Some say the difference between a Republican politician and a Democrat politician is that the Republican feels bad when they are being hypocritical.

Bill Redd
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@Stevan Zivadinovic
Lieberman was a democrat until recently and Jack Thompson is a wacko christian activist, I should NOT have put a (D) by his name. My (big) mistake. Which platonic solid would you be anyway?

I guess you can only monopolize morals if you talk about them and they have meaning to you. But you saying that proves my point. I would not say what Romney said, however I'm lumped into that stereotype, and he is put forth in this article as an example of the enemy and frankly I'm tired of being lumped in. I'm sick of every writer for every website using Republicans as the bad guy when they could just as easily find a Democrat that has done or said the same things.

The point is, video games and game content are under assault by the government. By BOTH sides of the isle. I think the industry should act quickly before they are acted upon.

@Jason King
True, the Democrat would'nt give a $h!t at all.

Andre Thomas
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If you were to ask me personally, it would be stupid and unconstitutional for the government to regulate the game video games buisness because its nothing but the government trying to trample on our civil liberties and individual rights.

Anyhow as somebody who feels that there are certain types of games minors definitely should not be playing, I personally believe that the games industry is capable of regulating itself as it have demonstrated before rather than government pushing legistlation in areas it has no business in.

In the end its a shame we no longer have a "limited government" as advocated in the preamble of our constitution, but a government that seek to amass more power in anyway possible. The role of government is protect civil liberties, not trample on them.

Brian Bartram
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(attempting to redirect the partisan flame war back to the issue at hand...)
The point continually brought up in these court cases is that there already exists sufficient technology, provided by the industry, to monitor and lock out undesirable content. Parents simply are too lazy to use learn to use them. These tools are actually far more effective than the "fear my litigation stick" approach of law and enforcement.
And this will always be the case - technology moves far faster than legislation. We, as an industry, should always make it a point to beat the law makers to the solution and implement it before they can even finish selecting their jurors.
What we need is a voicebox powerful enough to confront these muckrakers. Somebody with charisma to be the voice of reason.

I need a hero. I'm holding out for a hero 'til the morning light.

Joshua Milewski
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I find it unconstitutional for the US government to regulate video games *at all*, and in general, video game regulation is just plain bad.

Regulation of art, censorship, is a blatant violation of freedom, and I will fight to protect that freedom.

Joshua Milewski
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By the way, are mod chips really illegal in the US under the DMCA, as I read at the following link?

http://www.gamepolitics.com/2008/11/24/feds039-mod-chip-raid-ended-25-million-pi
racy-operation

Christian Philippe Guay
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Regulation or mass control?
Better stop stupidity...

When people will stop hidding themselves behind video games for their bad, sexual or violent actions; regulations will stop.

If we, as humans, live to experience life... the consequences are only up to us... and without the experience, people will stay ignorant. I especially like the quote from Hideo Kojima on ''Everything we experience with our own eyes makes us better judges'' - or very close to that...

Anyway, USA presidents since '50- '60 come from Harvard and Skull & Bones... no big secret actually.

Carol Mullins
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Josh - from what I understand: the DMCA makes it illegal to subvert copy protection, and Grokster v. MGM basically held that something distributed for the primary purpose of infringing on copyright can be found to contributorily infringe. So, depending on the status of mod chips, use of mod chips could easily be interpreted as attempts to subvert copy protection under the DMCA and as contributory infringement under Grokster. It might take an extension of Grokster to declare that mere possession of mod chips amounted to a DMCA violation, but it's not necessarily an unreasonable leap.

Andre Thomas
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"What we need is a voicebox powerful enough to confront these muckrakers. Somebody with charisma to be the voice of reason."

Ron Paul? At least he seem to be the only person in DC that actually things that the government has no business in the personal affairs of the common man


Bob McIntyre
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Haha Ron Paul oh man. Classic! But no, we should probably pick someone who isn't recognized as a lunatic by the general public. He would've been a hilarious counterweight for Jack Thompson back when the two of them were relevant, though.


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