Oklahoma 'Games As Porn' Bill Signed Into Law

[CptStern]

this probably could be in the politics section but it needs as much exposure as possible:

Oklahoma Governor Brad Henry has signed into law the State-specific Bill HB30004, which redefines a list of items, such as hardcore pornography, which are deemed “harmful to minors”, to include video games which use “inappropriate violence”.

The new law will make it a felony for anyone in Oklahoma to sell, rent or display games which contain inappropriate violence, with stores required to keep such games hidden in a similar manner to pornographic magazines and videos. The bill ignores the ESRB age rating for games, and instead makes its own definition of inappropriate violence.

scariest of all and with most dire future implications:

This definition considers inappropriate any game which “lacks serious literary, scientific, medical, artistic or political value” and which features glamorized or gratuitous violence; uses that violence to shock or stimulate; features violence that is not contextually relevant to the material; has violence so pervasive that it serves as the thread holding the plot of the material together; trivializes the serious nature of realistic violence; does not demonstrate the consequences or effects of realistic violence; uses brutal weapons designed to inflict the maximum amount of pain and damage; endorses or glorifies torture or excessive weaponry, or depicts lead characters who resort to violence freely.

so pretty much every video game ever made ..except maybe Barbie horse adventures or perhaps nintendodogs

http://www.gamasutra.com/php-bin/news_index.php?story=9681


the ESA has yet to file a counter lawsuit

 

[Shippi]

.

 

[CptStern]

it's been tried in other states but always lost in a constitutinality challenge ..usually because of the wording describing violence as "obscene" ...the term "obscene" is usually only for pornography so the burden of proof rested on their shoulders ...however this new law doesnt use the word obscene, they circumvent it be using this instead:

.."inappropriate violence” to what is found to be unsuitable for minors according to “contemporary community standards.”

 

[Gray Fox]

This really didn't hurt pornography that much, why would it hurt games.

Plus now it is a lot easier to make sure minors do not buy those games, not intended for them.

 

[Darkwolf]

I wonder how long until ESA DOES file a lawsuit...

*starts up stopwatch*

 

[CptStern]

This really didn't hurt pornography that much, why would it hurt games.

are you kidding? lack of retail distribution almost killed porn, if not for the advent of the internet growth in the industry was stalling domestically ..it made it's largest gains in the overseas markets but peaked domestically in the 90's. Lack of retail space will kill video game sales

Plus now it is a lot easier to make sure minors do not buy those games, not intended for them.

you dont seem to understand ..people of age will have to buy them from behind the counter ...impulse buying could cease all together, shelf space as advertising is non-existent ..how will small video game companies compete? especially since in those states they will have to ramp up advertising because at retail there is no shelf space ..what will eventually happen will be that video game developers may just scrap a violent video game all together because it's too much of a financial risk

 

[A True Canadian]

I wonder how this will effect stores such as EB Games that are purely gaming outlets? Does this mean that they would have to remove the majority of violent games from their shelves or would they simply have to restrict minors from entering the store?

 

[CptStern]

depends ..in oklahoma they'll have to put all the violent video games behind the counter ...if someone wants to buy say Prey they'll have to ask the person behind the counter for a copy


not too worry, it wont happen in canada, however should every state adopt those sort of rules, it wont matter which country you're in because the game developers wont make the game in the first place

 

[A True Canadian]

I'm fairly confident that Canada won't create such an uneccessary restriction either. It doesn't make much sense. Does it really make a difference if someone brings a game from the shelf to the counter or instead asks for the same game at the counter? Both scenarios come to the same conclusion at the same location, and whether the game is bought or not will still lie with the employee at the checkout. As you eluded to earlier, Stern, this is really bad news for potential impulse buyers. I hope this doesn't catch on.

Additionally, what does this mean for rental outlets?

 

[CptStern]

the rules apply for rental outlets as well as retail ..so if you want to rent a game you'll have to get it from behind the counter

it can come to canada ..the ESRB could change their rating system to reflect the new laws because state governments are circumventing the ESRB all together

 

[A True Canadian]

...still going with the questions.

This definition considers inappropriate any game which “lacks serious literary, scientific, medical, artistic or political value” and which features glamorized or gratuitous violence; uses that violence to shock or stimulate; features violence that is not contextually relevant to the material; has violence so pervasive that it serves as the thread holding the plot of the material together; trivializes the serious nature of realistic violence; does not demonstrate the consequences or effects of realistic violence; uses brutal weapons designed to inflict the maximum amount of pain and damage; endorses or glorifies torture or excessive weaponry, or depicts lead characters who resort to violence freely.

Since this is rather open to opinion as to which games contain these elements, I'm assuming that retailers will simply go by the ESRB ratings and remove titles that have the "may contain violence" or "mild violence" or any game that contains "violence" somewhere in the description. Is that a fair assumption? Sounds like a rediculously gigantic group of games to be holding behind the counter. Again, this doesn't seem like a practical solution.

 

[CptStern]

ya ...pretty much every game could fit somewhere within that description ..but what might happen is that they will add new ratings to the game ..so only games that have say "excessive, non integral to the story" etc violence will be behind the counter ..what makes it so dangerous is that video game developers couldnt possibly forsee how their game may or may not break the rules ...so in order to get a good rating they may remove parts that MAY cause controvery somewhere down the road

 

[A True Canadian]

..what makes it so dangerous is that video game developers couldnt possibly forsee how their game may or may not break the rules ...so in order to get a good rating they may remove parts that MAY cause controvery somewhere down the road

I wonder if they could implement a system like they have in Germany, where if you want to sell your game there, you have to make the necessary edits to make it acceptable. I remember Half-Life had a setting where if you ran the game under the German language, all the Marines were replaced by robots.

I can see what you're saying though. Developers are lazy, and it would probably be easier (and more cost-effective) to create games that would guarantee a spot on the store shelves instead of behind the counter. And since people aren't completely keen to digital distribution (and with the government already trying to "fix" the Internet too, as seen here) this could be really, REALLY bad if other states catch on.

It's not a good thing when the economic superpower of the world starts restricting sales for misguided reasons.

 

[CptStern]

yes it could cripple the video game industry as a whole, not just in the US

I'm glad you understood it ..from covering this issue for the last few months it's disheartening to see few gamers take an interest in something that could affect us all ..they may wake up but by then it may be too late

americans can visit this site that gives them information on how they can fight back

http://www.videogamevoters.org/takeaction/

 

[DreadLord]

This is ridiculous. And seeing the US is probably the largest producer of video games (aside from maybe Japan?) this could have huge impacts on everyone.

Friggin' Oklahoma.

 

[CptStern]

yes, that's why I'm so vocal about it ..I really couldnt care less if minors arent allowed to play M rated games ..I'm looking at the bigger picture here


heheh funny you said "freakin oklahoma" ...I had to resist the urge to spell Oklahoma as "oklahomo" for the title

 

[Raeven0]

americans can visit this site that gives them information on how they can fight back

http://www.videogamevoters.org/takeaction/

I suppose lettering my state's Senators is all I can do.
So I have. :x

 

[DreadLord]

Heh, my senator is John Kerry.

 

[CptStern]

vote in 2008 ..find out who (anti-video game legislators) is running in your jurisdiction and vote against them, tell your friends, tell anyone who will listen

 

[NeptuneUK]

just buy your shit online. heck you can buy ANYTHING online without anything linked to your age. i could order some beer RIGHT now if i wanted to. (but i wont because my balance is low)

 

[DreadLord]

just buy your shit online.

It's not a matter of how to obtain the games. It's a matter of developers and publishers not spending any money on video games if their sales decrease drastically, which they will. Not only US developers either. Ubisoft and other European based companies aren't going to make games if their main market (the US) isn't buying games.

 

[MultiVaC]

The problem is that we have so few powerful people on our side. Most of the U.S. politicians are retarded old geezers and hags. I will be outraged if Hillary Clinton is nominated by the Democrats for President in 2008, because then I'll have to choose between someone who is endorsed by Jack Thompson or... a Republican :x

 

[DreadLord]

someone who is endorsed by Jack Thompson or... a Republican :x

Someone who endorsed Hitler would be better than another Republican.

 

[kirovman]

The problem is that we have so few powerful people on our side. Most of the U.S. politicians are retarded old geezers and hags. I will be outraged if Hillary Clinton is nominated by the Democrats for President in 2008, because then I'll have to choose between someone who is endorsed by Jack Thompson or... a Republican :x

Hitler or Stalin?

 

[Bad^Hat]

F*ck.

Is registering at that site gonna do any good if I'm outside of the country?

 

[Dog--]

Canada = Teh win

Oklahoma = teh suck

That is the worst thing I've ever heard, I'm glad it isn't in Canada!

 

[CptStern]

Canada = Teh win

Oklahoma = teh suck

That is the worst thing I've ever heard, I'm glad it isn't in Canada!

when GTA: SA was pulled off the shelves because of "questionable content" it was pulled off shelves in canada as well (briefly) ..we're not immune

F*ck.

Is registering at that site gonna do any good if I'm outside of the country?

couldnt hurt

 

[DeusExMachina]

We just have to make sure this doesn't spread.

 

[DreadLord]

We just have to make sure this doesn't spread.

Good idea!

 

[DeusExMachina]

"MR. GOBRACHEV, TEAR DOWN THIS WALL."

 

[Dog--]

when GTA: SA was pulled off the shelves because of "questionable content" it was pulled off shelves in canada as well (briefly) ..we're not immune

Lucky we got good defenses though, that's one of the very few games that have been pulled off shelves in Canada, I think it's just the controversy and all that crap, we don't want to upset America (Jack Thompson Followers will boycott Canada ).... and as you said, it was only pulled off briefly.

 

[Element Alpha]

The problem is that we have so few powerful people on our side. Most of the U.S. politicians are retarded old geezers and hags. I will be outraged if Hillary Clinton is nominated by the Democrats for President in 2008, because then I'll have to choose between someone who is endorsed by Jack Thompson or... a Republican :x

Yeah youth of America, get out your lazy chair and fix the USA already, instead of watching Jerry Springer. :frown:

edit: this is so silly they could wrap it in bread and call it a silly burger.

 

[_Z_Ryuken]

Sounds good to me.

Well maybe not "good", but certainly not evil. Oklahoma sucks anyways.

They put black covers over FHM and other boobies mags on some gas station shelves so kids can't see'em. I know what they are. I pick them up and look at'em.
It won't make games any less accessible or felonious.

 

[DreadLord]

Sounds good to me.

Well maybe not "good", but certainly not evil. Oklahoma sucks anyways.

They put black covers over FHM and other boobies mags on some gas station shelves so kids can't see'em. I know what they are. I pick them up and look at'em.
It won't make games any less accessible or felonious.

Here's the concept:
_________________________














Here's your head:
__
| |
__




Yeah, way over.

 

[_Z_Ryuken]

I don't think it's going to reach any further than it has. I understand the concept. I just think there is nothing to worry about. Optimism is not ignorance.

 

[DreadLord]

I don't think it's going to reach any further than it has. I understand the concept. I just think there is nothing to worry about. Optimism is not ignorance.

However in your case it has proven to be.

 

[_Z_Ryuken]

Unsubstantiated opinions. I love'em.

 

[DreadLord]

Unsubstantiated opinions. I love'em.

Oh shut the hell up, you consistently miss the point of things, and flip out about nothing. Pay more attention, you're not even worth the effort.

 

[_Z_Ryuken]

This is me not shutting the hell up just to spite you. Post again. More witty comments from the Dreadlord please (Ooh, scary and intimidating!).

 

[DreadLord]

More witty comments from the Dreadlord please (Ooh, scary and intimidating!).

You're making fun of my name? You're kidding right? Someone with a name like that has the balls to make fun of anyone else?