November 2nd. All gamers unite in the Supreme Court.

Zidart said:
How is it wrong to let a 16 or 17 year old experiment or watch the magnificent storyline of the metal gear solid series, how is it wrong to let a 16 or 17 year old play around with the fun and fast paced battle system of Persona, how is it wrong to let a 16 or 17 year old get a scare out of any of the Resident evil/silent hill games?

There's a lot going on in what you're saying, so I'm gonna pick at things here and there. For example, you seem to insist on implicating the ages of 16 and 17, to perhaps point out how arbitrary it is to decide someone is mature enough to play M rated games when they turn 18. I agree, in fact I've stated as much in the discussion already. We can argue about how young is too young and how old is too old, or we can realize that people have done this for a good couple generations (at least), and 18 seems to be reasonable to most people. Perhaps in time 16 will become the minimum age. Whatever. It is arbitrary, and perhaps education levels would be a better indicator, or maybe you'd have to write an essay on global politics before you played MGS4, or something. There are ways to improve the current system, to be sure, but room for improvement doesn't mean we should scrap the idea altogether. If we get to the point where all we're disagreeing on is how young is too young, I will be satisfied. Moving on...

well this is where i might step out of this discussion because. you keep calling it "the right to make a wrong choice" whether it is right or wrong it is for us individuals to decide.

Not entirely. For example, violence is wrong (in some cases it's debatable, obviously, but generally speaking I think most people would agree that the less violence there is in the world, the better). Exposure to violence is not healthy, in most cases it is traumatic and damaging, even (perhaps especially) if violence is abstracted and portrayed as a goal, or as fun, or as entertainment, or as something desirable, or as a means to an end, etc. And collectively, in almost every society, we have all agreed that violence is wrong, it should not be encouraged, it should only ever occur in extreme situations (surivival), it should be avoided whenever possible, etc. etc. It is not up to an individual to decide this is not the case, and there is no room for "individual freedom" to go against the group.

I've never played Persona, so I can't speak to that, but as for MGS4 and Resident Evil, I think to let someone play those games at face value, out of context, by someone unfamiliar with video games and/or the situations and actions taking place in the game, regardless of age, is wrong. It is wrong to subject someone to depictions of violence, or allow someone to subject themselves to depictions of violence, without some sort of context or guidance. There is more going on in Resident Evil than "a scare," and without some kind of foundation of understanding to interpret what's going on in the game, it could really change the way a person thinks, feels, and so forth. A quick example, what if someone is not familiar with the concept of a zombie, or cannibalism, or even the simple recognition of fiction, that what's happening in the game doesn't and shouldn't happen in real life? To make (or even allow) someone play RE under those circumstances is wrong, it is harming them, it is doing violence.

most of the people I know have played these games at or before this age range, and i have not experienced a columbine incident or anything of the sort. Of course i do have to agree it would be wrong to let a 16 or 17 year old who is failing school, and who might be doing drugs to play M rated games...but at that point that child is already screwed up.

With Columbine you're talking about extremes, and extremes usually throw reason and logic out the window. You simply can't do anything to prevent people who totally go off the charts from totally going off the charts. But if there is a chance Columbine could have been avoided with some stricter legislation on the sale of M rated games, I'm sure most people would support the legislation. So there is an element of why take the risk to what I'm saying, but again that's not really why I would want this legislation to pass. In the second case you presented, the one where the "child is already screwed up," what I'm proposing is that this kind of legislation might keep that child from getting "screwed up." My whole point, initially, was that there are a lot of parents out there who are not going to make good choices for their kids, so if there is an easily identifiable bad choice a parent can make (exposing their kids to violence), why wouldn't we keep them from making the wrong choice? Just because some parents made that bad choice and it didn't come back to haunt them is also not persuasive evidence to the contrary. The point is that such a choice is not contributing to a minor's we-rounded health and well being, so saying that in some cases there haven't been any negative repercussions is not the same thing as saying it is actually a positive experience. Make the case for violence in video games as something positive and you may be on to something.

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In summation:

There will always be children who will grow up to be delinquents

Yes, but there could be less of them, and this bill would be a very small step towards that, so why oppose it? Because someone's freedom to expose minors to violence might potentially be marginally infringed on by other bills that could possibly follow this one?

Homicidal Cherry53 said:
But it will. The ESRB isn't a government ratings system. There are no legal ramifications for selling an M-rated game to a minor. Stores are not required to follow ESRB guidelines and if someone sells a game to a minor, it is the employer that decides the punishment.

Ahh, my bad. I thought it already was illegal. I think it might be in Canada, or maybe even just in my province, which might be why I was all "wth is the big deal?"

I still think it should be a law, even if isn't. And if you're afraid that your government is going to use it as a platform to, I dunno, do nefarious things to the games industry, then make better choices when you vote, or become an anarchist, or get into politics yourself, because at that point your problem is with the government, not the legislation.
 
stealth toilet said:
I still think it should be a law, even if isn't. And if you're afraid that your government is going to use it as a platform to, I dunno, do nefarious things to the games industry, then make better choices when you vote, or become an anarchist, or get into politics yourself, because at that point your problem is with the government, not the legislation.

Actually your suggestion won't help with the biggest problem if we lose this case both the gamers and the manufacturers are going to lose there 1st amendment rights when it comes to video games since that's the linchpin of the case and that is a real for us problem and directly related to the case. You can legislate all you want to but that is no substitute for constitutional protection especially for something like video games where you have some many vocal detractors.
 
redneckgamer 213 said:
Actually your suggestion won't help with the biggest problem if we lose this case both the gamers and the manufacturers are going to lose there 1st amendment rights when it comes to video games since that's the linchpin of the case and that is a real for us problem and directly related to the case. You can legislate all you want to but that is no substitute for constitutional protection especially for something like video games where you have some many vocal detractors.

Again, I disagree. This isn't a first amendment rights issue. We're talking about exposing minors to violent content (strong sexual content too, I suppose), not strong opinions about violence, or something of that nature. To quote John Stuart Mill in "On Liberty" (an essay that is proving a very timely read for me given this discussion :D)

Those who are still in a state to require being taken care of by others, must be protected against their own actions as well as external injury.

I still have not seen any convincing argument that violence in videogames is a good thing to witness and experience (at best it has no effect on the participant, but even that is unlikely given the fact that people spend considerable time, energy, and money on violent videogames, so clearly they must have some kind of effect), so it is therefore the responsibility of the caregiver to protect the care-receiver from injury (in this case psychological). As everyone seems to agree, there are bad, negligent parents out there who do not provide this protection, in effect causing injury to their child. When a child plays a violent videogame without their parent's involvement they are being psychologically harmed. This legislation aims to lessen and mitigate the amount of harm that can be done, at the expense of the "freedom" of the individual who would enable such injury to occur. Essentially, it limits the extent to which a parent may warp their child's mind with violent videogames. It does not limit the extent to which a parent may express their thoughts about violence, videogames, or any other related topic. In fact, it encourages such parental involvement by ensuring the parent is at least thinking about what they might be exposing their child to.

Your first amendment rights are not infringed on by this legislation any more than they would be infringed on by legislation designed to keep you from exposing a child to pictures of murder victims, which is not something that is protected by the 1st amendment.


BTW this discussion is awesome. I look forward to any and all counter points, thoughts, corrections, or other contributions to this discussion. More than anything I think it is very important for gamers to think about these issues and talk about them as well. :D
 
stealth toilet said:
Again, I disagree. This isn't a first amendment rights issue. We're talking about exposing minors to violent content (strong sexual content too, I suppose), not strong opinions about violence, or something of that nature. To quote John Stuart Mill in "On Liberty" (an essay that is proving a very timely read for me given this discussion :D)
I'll admit on the surface of the case you have point which is why to begin with I wasn't that concerned about the case. However the problem is the more I read about the case the more it seems like the case is being handled as a 1st amendment case by courts and at the end of the day that's what counts not whether us bystanders think it is or isn't one. :)

Your first amendment rights are not infringed on by this legislation any more than they would be infringed on by legislation designed to keep you from exposing a child to pictures of murder victims, which is not something that is protected by the 1st amendment.

Honestly I think you might be surprised at what you can get away with showing under the 1st amendment Stealth the images that some of the more radical members of pro-life movement have put up on billboards and successfully defended in court are more disturbing then anything I have seen in a video game.
 
redneckgamer 213 said:
I'll admit on the surface of the case you have point which is why to begin with I wasn't that concerned about the case. However the problem is the more I read about the case the more it seems like the case is being handled as a 1st amendment case by courts and at the end of the day that's what counts not whether us bystanders think it is or isn't one. :)

Honestly I think you might be surprised at what you can get away with showing under the 1st amendment Stealth the images that some of the more radical members of pro-life movement have put up on billboards and successfully defended in court are more disturbing then anything I have seen in a video game.

Hmm. Fair points, and well made.

I suppose I would respond by saying that if the gaming community is going to try and hide behind the 1st amendment to win the case they are knowingly twisting the 1st amendment to suit their own needs. When pro-lifers, or whoever, exposes minors to that kind of content they are doing something unethical. But there is a difference between the two: one is meant to educate, the other to entertain. Demonstrating the violence that can result because of a young person's decision (to or to not abort) may be graphic and damaging but may be relevant information in a decision making process (though the approach is still questionable). The other, video games, often portrays violence in such a way as to make it fun, entertaining, a viable means to an end, without consequence, and so forth, which is graphic and damaging but without the merits of being relevant information in a decision making process (or if it is then it is negative). So I still don't know if that analogy works.

You do raise a good point though. I suppose it all depends on how the violence is portrayed, and what the game's intent is. I would certainly be willing to concede that a game could potentially treat violence as a subject in such a way that it would be appropriate for a minor to play. Granted. Though I cannot think of an M rated game in existence now that does so. But, in theory, yes, that could be the case. And yes, such a game should have the right to exist under the first amendment as a freedom of speech.

Maybe Heavy Rain? I'm not sure, I still haven't played that game... :-\
 
stealth toilet said:
Hmm. Fair points, and well made.

I suppose I would respond by saying that if the gaming community is going to try and hide behind the 1st amendment to win the case they are knowingly twisting the 1st amendment to suit their own needs. When pro-lifers, or whoever, exposes minors to that kind of content they are doing something unethical. But there is a difference between the two: one is meant to educate, the other to entertain. Demonstrating the violence that can result because of a young person's decision (to or to not abort) may be graphic and damaging but may be relevant information in a decision making process (though the approach is still questionable). The other, video games, often portrays violence in such a way as to make it fun, entertaining, a viable means to an end, without consequence, and so forth, which is graphic and damaging but without the merits of being relevant information in a decision making process (or if it is then it is negative). So I still don't know if that analogy works.

Stealth you might want to take closer look at the Resident Evil series it could be viewed as a political commentary of sorts given the controversy there has been in recent years over vaccinations including the amount testing and accusations of intentional harm being done to segments of American public and other things as well by these large corporations and the government.
Also it should be interesting too whether any of several other state attorney general offices go through with what they were planning to do which is file a friend of the court document stating there support of the gaming industry and this law violates the 1st amendment.
The law has also been receiving criticism from law enforcement in California apparently there is concern the law will give anyone who ever played a video game a twinkie defense. Of course one has to doubt a bit the actual accuracy of the conclusions that many of these studies on violent video games reach if they really turned our kids into killing machines at the rate they claim the streets in every major city would be red with blood.
 
http://kotaku.com/5678354/all-you-need-to-know-about-this-weeks-violent-video-game-case-in-the-us-supreme-court

Update on what's going on.
 
(iii) It causes the game, as a whole, to lack serious literary,
artistic, political, or scientific value for minors.

Wow, that is a silly precedent to put forth as some would consider the violence itself to be literary, artistic, and political expression.

California had been arguing with Yee citing his child psychologist credentials, that they had science that proved a correlation between violent games and violent acts committed by kids.

If this is quoted accurately by the article, it is simply bad science. Correlation does not equal causality. In other words, violent kids might play violent video games instead of violent video games turning nonviolent kids into violent ones. Linking correlational studies to a cause and effect relationship is a logical fallicy.
 
Grindspine said:
If this is quoted accurately by the article, it is simply bad science. Correlation does not equal causality. In other words, violent kids might play violent video games instead of violent video games turning nonviolent kids into violent ones. Linking correlational studies to a cause and effect relationship is a logical fallicy.
And to think I came on this site to avoid doing stat homework. :lol
 
Here is something interest from the SCOTUS blog the site includes a brief filed by state attorney generals and the one from Puerto Rico in support of the video game industries 1st amendment rights that this law will be impeding.
RHODE ISLAND, ARKANSAS, GEORGIA, NEBRASKA, NORTH DAKOTA, OKLAHOMA, PUERTO RICO, SOUTH CAROLINA, UTAH AND WASHINGTON
Now about as many filed a brief in support of California but still shows it's a bit of a real debate among the legal community.
LOUISIANA,CONNECTICUT, FLORIDA, HAWAII, ILLINOIS,MARYLAND, MICHIGAN, MINNESOTA,MISSISSIPPI, TEXAS AND VIRGINIA

Also apparently the Utah Attorney General didn't give into the heavey coercion from anti video game thugs in his state who started pressuring him after he said he might support this.

http://www.scotusblog.com/case-files/cases/eanf/
 
Grindspine said:
Wow, that is a silly precedent to put forth as some would consider the violence itself to be literary, artistic, and political expression.

I don't think that's true, unless you're crazy. To put it another way, if I go out and commit an act of violence and said I did it because of it's literary value, I'd be insane, or at least psychopathic.

Here's an interesting quote from the website about the point you just raised:

Hmmm. I wonder if anyone who plays video games would agree that there are games that "lack serious literary, artistic, political or scientific value for minors." Probably not.

I disagree with his conclusion of "probably not," very much so. Though I believe there are exceptions, I am a gamer who would say that the vast majority of video games lack serious literary, artistic, political, or scientific value. Most violent video games trivialize violence, and turn it into entertainment of the lowest common denominator.
 
stealth toilet said:
I don't think that's true, unless you're crazy. To put it another way, if I go out and commit an act of violence and said I did it because of it's literary value, I'd be insane, or at least psychopathic.

You misunderstand my meaning. Perhaps what I said lacked detail. I am not saying acting violent is artistic, I am saying that it could be argued that violence in media can have artistic merit.

For example, I listen to fairly abrasive and extreme music. The abrasiveness is part of that style, but it has artistic merit. A painting depicting violence can be artistic as it can stir emotions in a person.

The movie Event Horizon has extremely gory, violent scenes. But, I find that the imagry in that represents something that has been literarily referred to as "Hell" for millennia. Yet, books can describe that concept, but not display the concept.

I translate "artistic merit" or "literary merit" as describing whether a piece can induce emotion or thought in the consumer. Not all violence is artistic, but that is not saying that violence in media (including video games) is necessary without merit.
 
I agree. The representation of violence in artistic forms (literature, visual art, etc.) certainly can have literary, artistic, political, or scientific value. But I would still contend that the representation of violence for the sake of representing violence, unless that is the message of the work of art, does not have literary/artistic/etc. value. It's the difference between a nude painting and pornography.

I'm not saying that all games glorify, exploit, and distort violence to entertain, but the vast majority do. I don't think you can deny that. Maybe I'm wrong, and maybe that's a discussion worth having, but it is a discussion in which I have a lot of fuel to add to the fire and the opposition is going to be on the defensive the whole time. I would also say that the definitions of terms under which we're discussing such topics need further attention.

Grindspine said:
A painting depicting violence can be artistic as it can stir emotions in a person.

Art is comprised of much more than "emotion stirring." What a piece of art makes you feel, and what it actually does or says, can be totally different things. Aristotle said that the primary purpose of art was to imitate because imitation is pleasurable. But he does not have final say on what art is (and neither do you or I, I might add), and it has been seriously complicated over the last few centuries. Picasso's "Guernica" is not meant to be pleasurable, it's meant to shock and horrify you, to confront you with the insufferable reality of violence. Most interactions with video games boil down to "is it fun?" A video game that has artistic value is more interested in asking "what is fun? why is fun desirable? If you're expecting a game to be fun, and it's not, does it cease to be a game? What is a video game? Is it defined by its relationship to fun? What is fun?" and so on. Some games do this, I freely admit, and I love them all the more for it. But most games that attempt to make violence fun, well, they're no Guernica.

Grindspine said:
I translate "artistic merit" or "literary merit" as describing whether a piece can induce emotion or thought in the consumer.

The problem is that your translation is not universal. These are the sorts of things that cannot be definitely answered; we can't capture artistic merit in a test tube and observe it objectively. It is something that is determined through reasoned argumentation more than anything, never absolute, always open to revision and addition as new evidence becomes available to support it. I believe some day there will be enough evidence to say, yes, video games are capable of producing artistic/political/etc. value, whatever that may be, and they should freely explore the nature of violence, and so forth. Right now, I think the evidence for the opposite argument is totally overwhelming.

The vast majority of video games do not represent violence in a way that has literary, artistic, political, or scientific value. I can back that up with the best selling game, across all platforms, throughout the history of video games: MW2. It represents violence in a totally childish, exploitative, distorted, unartistic, unreasoned, unpoetic, depoliticized, morally and ethically reprehensible way.
 
Really interesting way to look at video games proposed by a lawyer involved in this case.

Well, the events in a video game -- what happens in the plot is a combination of what the game gives you and what the player adds to it. There is a creative aspect coming at it from the other side. It's often referred to as a dialogue between the player and the game. I would submit that both are completely protected by the First Amendment. Just as a person make the plot, determine what happens in the events that appear on the screen, just as an actor helps to portray what happens in a play. You are acting out certain elements of the play and you are contributing to the events that occur and adding a creative element of your own. That's what makes them different and in many ways wonderful.

Very cool.
 
Sorry for the double post, but this is also fascinating:

Certainly, the key thing is if you strike down this law, because this law is clearly much broader than any one game, I would submit to you, though, that there is no way that, in fact, anybody is going to be able to come back and draw a statute that gets to what they claim, because the English language is not susceptible at that level of precision... This is a very difficult task, trying to use language to differentiate levels of violence or types of violence in a manner that would in some way tell people what the rules of the game are.

As an English major, that is an incredibly loaded statement, and to hear that in a Supreme Court of Law case as a valid argument has huge implications.

Again, very cool.
 
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