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Video games are art, says Supreme Court
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Kenri of the Yuri Posted: 6/28/2011 4:28:03 AM UTC | Message Detail | Filter | Author Profile | # 001
Level: 43
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http://edition.cnn.com/2011/TECH/gaming.gadgets/06/27/supreme.court.video.game.art/index.html

Party time?

Party time.
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"There's a pony in the shop, but don't buy it. It might do something unfortunate to you." ~from the first Summoner's Seal topic
Kodan Posted: 6/28/2011 6:30:05 AM UTC | Message Detail | Filter | Author Profile | # 002
Level: 49
Liberal Arts Major
You know what? This entire thing is fucking stupidity. >_>
The law itself would only affect people under the age of 18. Why the fuck is this law such a big deal then? KIDS AREN'T SUPPOSED TO HAVE THESE GAMES IN THE FIRST PLACE.
If you don't agree with this? Spend an hour or two playing games like Halo or Call of Duty on Xbox Live.

People are acting as if this law is a wide sweeping ban and destruction of any game rated M.

And the shit I hear over the news is even more retarded.
Dumbasses spewing shit like "We need regulation for violent video games"

VIDEO GAMES ALREADY ARE. THERE'S A RATING SYSTEM IN PLACE FOR A REASON.
E= ANYONE
T = TEENS
M = PEOPLE UNDER 17 ARERN'T SUPPOSED TO FUCKING PLAY THIS

This law would only enforce the rules currently in place.
<->
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Message last edited by Kodan on 6/28/2011 at 06:33:03 AM.
Kenri of the Yuri Posted: 6/28/2011 9:54:33 AM UTC | Message Detail | Filter | Author Profile | # 003
Level: 43
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As far as I know, the ESRB isn't something you legally need to enforce. Just, most retailers choose to do so.
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"There's a pony in the shop, but don't buy it. It might do something unfortunate to you." ~from the first Summoner's Seal topic
Kodan Posted: 6/28/2011 10:03:35 AM UTC | Message Detail | Filter | Author Profile | # 004
Level: 49
Liberal Arts Major
Actually, I'm pretty sure the ESRB is legally enforced. Because retailers CAN be charged if they're caught selling M rated games to those underage.
<->
"What the fuck is Alice doing in Wonderland anyway? Who the fuck told her she could leave the god damn kitchen in the first place?" -Random guy on Xbox Live
http://www.backloggery.com/kodan882
xp1337 Posted: 6/28/2011 11:10:43 AM UTC | Message Detail | Filter | Author Profile | # 005
Level: 49
Liberal Arts Major
My understanding was that Kenri is pretty much right. The ESRB is an industry formed regulatory body created because the government pretty much told the industry, "Either you're going to do this, or we are." However, as far as I know, the ESRB ratings aren't actually enforced legally. It's just that most stores will usually, or have trended towards, taking it upon themselves to have policies to follow the ESRB. ...I don't think stores can be criminally charged for "breaking" the ESRB. Now, if you mean civil suits... well, I'd be more surprised if people haven't tried that, but that's a different story.
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xp1337: Don't you wish there was a spell-checker that told you when you a word out?
xp1337 Posted: 6/28/2011 11:17:28 AM UTC | Message Detail | Filter | Author Profile | # 006
Level: 49
Liberal Arts Major
Also, not to ruin your party, Kenri, though I haven't actually read the opinions, I believe I heard that at least Alito basically said, "Really, you just wrote that law terribly, if you framed it differently it might have been okay." So it may not be over.

...That said, based on Scalia's humorous "If you think video games are bad, just check out these childrens' stories..." examples, I'm guessing not all of them think that.
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xp1337: Don't you wish there was a spell-checker that told you when you a word out?
Kodan Posted: 6/28/2011 5:49:22 PM UTC | Message Detail | Filter | Author Profile | # 007
Level: 49
Liberal Arts Major
http://www.esrb.org/ratings/enforcement.jsp

Well, that clears it up.
<->
"What the fuck is Alice doing in Wonderland anyway? Who the fuck told her she could leave the god damn kitchen in the first place?" -Random guy on Xbox Live
http://www.backloggery.com/kodan882
Ogordemir99 Posted: 6/29/2011 2:49:45 AM UTC | Message Detail | Filter | Author Profile | # 008
Level: 49
Liberal Arts Major
Because retailers CAN be charged if they're caught selling M rated games to those underage.

Charged with what? Reckless endangerment of a minor?

I believe I heard that at least Alito basically said, "Really, you just wrote that law terribly, if you framed it differently it might have been okay." So it may not be over.

I read Alito's opinion; whereas the majority struck down the law on First Amendment grounds, he did it on due process, opining that precedent and the evidence presented for the case were not substantial enough to close the door on bans on video games as obscenity, i.e. he didn't rule that the sale of video games to minors is necessarily protected by the First Amendment. He did not, however, propose an alternate framework in which such a law would be valid, opting instead to say that future laws would be evaluated, uh, in the future.

Note that this decision can only be weakly construed to classify video games as art. They're art in the sense that they're communicative acts currently protected by the First Amendment. And, as Alito's and the dissenting opinions show, this is a classification that will waver depending on the composition of the Court.
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~ Ogordemir ~
"The sciences have hitherto harmed us little; but some day the piecing together of dissociated knowledge will open up such terrifying vistas of reality that we shall either go mad from the revelation or flee from the light into the peace and safety of a new dark age." ~ H.P Lovecraft, The Call of Cthulhu
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