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Victory! Brown vs EMA court case

Started By:
Broderic, Mon 27 Jun, 2011 2:39 PM
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    #1
    Just got this in my email a minute ago:

    Just moments ago, the Supreme Court in a 7 to 2 decision, has decided that, like music, books and movies, video games are First Amendment protected speech in the case Brown v. EMA. So many people took action signing the gamer petition and directly filing briefs with the Court.

    The decision has been a long time coming, and we're so pleased by today's news. We're sure this isn't the end of the fight. One decision doesn't mean that we won't see elected officials attempted to test these new parameters. You better believe the ECA will continue to fight for the rights of the entertainment consumers and we hope you'll stand with us and add your voice.

    But today, we can hold our heads up a little higher knowing that we won this fight. We'll be following up later in greater detail once we've read the complete decision.

    Happy gaming,

    The Entertainment Consumers Association (ECA)

    So for now Video Games are protected under the First Amendment as they should be :mrgreen:
    Broderic
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    #2
    Would you be able to explain what the First Amendment is and what the implications of it are for video games? I'm not American Smile
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    #3
     –  Last edited by Broderic; Mon 27 Jun, 2011 3:30 PM.
    The First Amendment is freedom of speech, pretty much means that game companies won't have to tone down the games for US releases to avoid legal issues that could have arising if the case went the other way.
    Broderic
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    #4
    Ah I see. What are the limitations though? Because surely even though they have freedom of expression they'll still come under other laws such as not being allowed to incite racial hatred (just an example!).
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    #5
    Really what it means is a game can't be censored over here now due to it having extreme amounts of gore/nudity/swearing in it, they get all the same protections as books, movies, and music
    Broderic
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    #6
    While the ruling may give it the same "protection" to video games (and I believe it should), with that will certainly come the same restrictions as with music, movies, etc. Basically you will see a rating system which will prohibit minors from purchasing games with what is referred to as adult content.
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    #7
    Videogame definately should be classed the same as other types of media like music or movies and I do think legally enforced age ratings are a good idea, it doesn't really make sense that movies get age ratings but games don't. The issue is educating people about the ratings so they actually achieve something.

    In the UK videogame ratings are legally enforced. If you sell a game to someone who is younger than its rating you can get up to £2,000 in fines and a jail sentance. It is something that Trading Standards are very hot on and even give children money to go in to stores to try and buy a game they aren't old enough to buy to see whether or not the ratings are being enforced. Suffice to say in the UK in the majority of cases stores don't sell games to those not old enough to buy them.

    The problem is the parents who don't understand that an 18 rated game gets its rating the same way an 18 rated film does, most parents would't let 8 year old Jimmy watch Kill Bill but they are perfectly happy to purchase them a copy of Grand Theft Auto. For years I had to try to explain to the idiots that both are probably not suitable for little Jimmy.

    Interestingly enough tell any mother that there is some nudity in a game and little Jimmy definately can't have it, I used to love it when being asked "does this game have nudity?" "no I would reply, you can massacre un-armed civilians, you can set people on fire and then piss on them and you can kick dogs in the face so hard that they clear a two story building but there is no nudity... that I recall" (ahh Postal 2 memories).

    The violence isn't real, the language isn't real so what the problem with a topless woman in the game is I don't quite know, I honnestly am not sure what line that crosses that cutting people's heads off or yelling at them to eat **** and die doesn't but oh well.
    ChristopherHalsey
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