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Schwarzenegger revives game violence law as ESA asks for $ 325k in legal fees

Posted Sep 5, 2007 at 10:49PM EST by QJ Staff

Listed in: News Tags: Bo Andersen, California, EMA, ESA, Michael Gallagher

Schwarzenegger appeals decision as ESA asks US$ 325,000 for legal fees - Image 1

As expected, Governor Arnold Schwarzenegger has filed a notice of appeal to the recent decision of courts that declared California's video game violence law unconstitutional. According to the said bill signed back in 2005, the sale of video games is restricted to anyone below 18 years of age. The Governor explained:

Many studies show the link between plagying ultra-violent video games and violent behavior. We have a responsibility to our kids and our communities to protect against the effects of games that depict ultra-violent actions. We protect our children from buying inappropriate movies and ought to be able to protect them from buying inappropriate video games as well.

In a counter move, the Entertainment Software Association or ESA has filed a motion to Judge Ronald M. Whyte of the Northern District of California for the reimbursement of attorney fees and other expenses during the trial from Schwarzenegger. The amount bring asked by the association totals US$ 324,480. ESA President Michael Gallagher had this to say:

California citizens should be outraged at their elected leaders. Hard-earned tax dollars were spent on defending this law that California's state leaders knew was unconstitutional... From early on, the industry warned Governor Schwarzenegger and Senator Yee that this bill was unconstitutional and would be thrown out by the courts and that California taxpayers would pay the cost.

Both the ESA and the Entertainment Merchants Association (EMA) believe that the governor's appeal is going to be a disappointment as other rulings on prior similar cases are consistent with the decision of the California courts. EMA President Bo Andersen gave this piece of advice to Governor Schwarzenegger:

The court's ruling is consistent with rulings that have barred eight similar laws around the nation, and we fully expect it to be upheld on appeal. Rather than wasting more public funds in trying to defend a patently unconstitutional law, we believe the state should invest in helping parents make informed decisions about the video games brought into their homes.

Via GameDaily

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I agree that these bills waste taxpayer money (not mine.. but anyway).. And appealing it is a further waste of money..

Never the less, the original bill was about control, not censorship. I think too many people get those confused. No one has a problem with R rated films.. Hell no one has a problem with X rated films.. more of them get made in California than anywhere else.. but there are measures in place to keep them out of the hands of minors.

The ESRB rating system is important for parents to make informed decisions for their kids.. but there isnt enough control in place to stop the irresponsible parents for avoiding the information and going straight to the decision.

Also.. I'd really hate to agree with Jack Thompson.. but asking for a users birthdate to view an M rated game trailer is superfluous. Even the dumbest 13 year old can subtract 5 from their year of birth.

Im all for M and AO rated games.. as long as they're properly controlled. They arent for kids.

# where the parents fail, government should take over? — Guest 2007-09-06 00:53

The real way to prevent violent youth isn't to limit what games they play. The real answer is the lack of parental involvement. If and parent doesnt have enough sense or want to help guide their child's life when they grow, they will be more prone to violence. It isn't the fact that the violent teens have been exposed to violent video games that make them the way that they are, its the fact that the parents are not there. They do not teach their children what they need to know. More and more parents are removed from their kid's lives because of work or other "important" activities. Passing blame is the motto of Americans, that statement is justified by the sheer number of people being sued in a year, people don't want to take blame for their own actions. When something goes wrong with a child, the parents tend to be one of the last things to blame, while schools or video games are first.

Maybe i'm just pointing out the obvious...

# Where do u stop? — Guest 2007-09-06 00:56

Question When does something violent become defined as Ultra Violent? and when does something gets defined as agressive become violent?. We should be very carefulland must define the boundies of these things and stick to them. If the boundies keep moving to more or less messures we may end up with nothing or too much of something. We should all pay attention to our values.

# Agree — Guest 2007-09-06 01:24

I agree with both points here. I think that control over the rating system is key, since there is currently little to no respect for the ratings of video games and music. However, at the same time I think forcing the government to act on this instead of common sense from the people that should be preventing kids from buying it (parents and retailers) is a waste of money.

Alas, we're going to put our faith in the hands of the same people who are too busy being their kid's friend to be their parent.

# Terminator — trackmansam 2007-09-06 01:41

If they are so violent why not boycott all his movies with violence in them see how he likes it

# Read again — Guest 2007-09-06 02:00

Schwarzeneggar isnt trying to ban or boycott violent games.. get the facts straight.

# Sigh — Guest 2007-09-06 02:21

The sale of inappropriate movies is restricted to those under 18. It is now it was when he made that action movies. The law that was being defended was they want the same restrictions that movies have to be placed on video games.

# Go Arnie — Guest 2007-09-06 03:38

I support him, kids should not be playing stuff like manhunt, bioshock etc.

the entertainment industry and stockists must do the same as the movie industry and their stockists and take responsiblity for their staff selling stuff to minors.

Si

# Whatever — Guest 2007-09-06 05:35

If not for all those 12 year-olds seeing his R-rated action movies, he would not be such a popular star.

# heeeahhhhhaaaae euullaa haaaaeeeuuuu — Guest 2007-09-06 05:43

MAREEEAAAAAAAAH H, AAARRRRRHHHHHH, GET TO DA CHOPPAAAA, YES, GETDOWN, AHHHHIIIIHHHOOU UALL, BATMAN DIS SSTAZE MINEZ!!

# Its always blamed on games — Guest 2007-09-06 05:47

Something needs to be done, but is it just games that make kids violent i don't think so.

# don't forget his games — Guest 2007-09-06 05:51

Don't forget that games of those movies were made. Like T2 where you can kill civilians...actually I think they were only injured, but who the hell was reading all those things on top of the screen.

# ha — Guest 2007-09-06 08:28

games dont control volience its bad parents who dont know how to control there children.

# You want to make it LESS of a problem? — Guest 2007-09-06 10:48

Change the rating system. Make it like or the same as the movie rating system. That way, it would be easier for parents to understand, and they couldn't use the pathetic, overdone "Oh, I didn't know the game would be this violent, I thought the M stood for Mild, like for salsa and stuff."

# oh yeh — na2rul 2007-09-06 11:28

i was elected to leeaad, not to reeaad

# Mardafarka — Guest 2007-09-06 21:04

Mardafarka

# its easier to get into r movies than to get m games — Guest 2007-09-10 01:23

i was and from what i here its still very easy to get into r rated movies and buy them at 12 than it is to buy mature games at game stores. i've seen these kids get carded and i wasn't ever carded getting movies or cigarettes for that matter or liquor actually. besides without educating parents and telling them "hey get involve look at the games they have what they do at friends houses geez be a PARENT" than whats the point of this law. anywhere that does card you i've learn at a very young age you just stand in front of the store and get an adult to get it for you, trust me thats not hard to do. so what i'm saying is LAW HAS LOOPHOLES THAT KIDS WILL GET AROUND YOU NEED PARENTS TO TO MAKE ANYTHING YOU DONT WANT YOUR KID TO DO TO BE EFFECTIVE.

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Schwarzenegger revives game violence law as ESA asks for $ 325k in legal fees

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