ESA Rubs Salt in the Wound, Wants CA to Pay $1.1 Million in Legal Fees for Failed Videogame Law
According to the Supreme Court, videogames qualify for First Amendment protection, and California's attempt to enact a law restricting the sale of violent videogames to minors was ruled unconstitutional. The 7-2 decision came in the case of Brown v. Entertainment Merchants Association, and to rub salt in the wound, the ESA is now seeking $1.1 million in attorney's fees from the state of California, Arstechnica reports.
"We look forward to moving forward and working together to raise awareness about the valuable tools and information available to parents," said Michael D. Gallagher, CEO of the ESA, the trade association representing US computer and video game publishers. "From the start of this misguided legislation, then-Governor Schwarzenegger and specific California legislators knew that their efforts to censor and restrict expression were, as court after court ruled, unconstitutional and thus a waste of taxpayers’ money, government time, and state resources."
This is a legal course the ESA has navigated before. Louisiana, Michigan, and Illinois have all been on the hook for legal reimbursement after failing to pass laws restricting the sale of videogames, though this would be the most the ESA has ever collected from a single state if it gets the full $1.1 million. The ESA has been awarded over $1.71 million combined in attorney's fees so far.
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LatiosXT
July 27, 2011 at 9:04am
So at the end of the day... Violence in media in America is fine and dandy. But the moment you introduce sexual content of any kind, bring out the pitchforks and torches.
Then again it's the opposite in Europe.
And Japan doesn't really care. Mostly (and they have a finer granularity of "age restriction" on their ratings anyway)
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Obeygiant559
July 26, 2011 at 11:14am
California Senator Leland Yee introduced the original law in 2005, it was his second attempt at it. a Democrat of course, from SF making it even worse. Being from Ca i continue to hate that part of the state ever time they introdue something new telling me what i should do with my life, body, money, kids...etc. But it shouldnt be a surprize to any of us really this stuff has always been cheep political points for ppl and outside of the legal court room video games lose in the court of public opinion.
Keep in mind to most older ppl (45-65), who are more politically involed them younger ppl (18-35). the older ppl dont know that the game industry isnt just for kids, that younger adults still play them, that they are designed with the older crowd in mind, and that they can seperate reality and fiction.
Also keep in mind that todays society has made it acceptable to place the blame on others instead of the person. its not little jimmys fault that he took a gun and shot up the school, its the video games he was playing. Its not my fault i beat my wife, i watched my dad so its his fault not mine.
ah just my 2 cents i maybe wrg i may not but whatever.
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Wingzero_x
July 26, 2011 at 9:28am
Let's not forget California (well mostly Los Angeles) paid over 2 million for an all but convicted child molester's funeral.
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Kinetic
July 26, 2011 at 8:15am
Does anyone else find it incredibly hypocritical that the guy who cuts the skin off his own hand in Terminator 2, to show a bunch of people that he's literally a killing machine from the future, tried to pass a bill like this? The only tragedy here is that a state that's already broke as hell will end up paying for this, and not him.
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LatiosXT
July 26, 2011 at 8:05am
Am I the only one who felt that the amount of attention of this law was pretty silly? And that I never really felt it was infringing on any creative rights of the developers? A lot of people kept saying it would put it in the same league as porn. Aside from the usual suspects, there apparently is a lot of creativity being thrown in porn (mostly in the "How the hell did they come up with doing that?" sector)
I don't know, half of me also felt that it was a lame attempt at getting gamers (a normally complacent demographic, I thinks) into politics and scoring some followers if an election comes around.
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AnomalousEllipse
July 26, 2011 at 8:24am
Yes, this was an important law. The supreme court ruling deciding how violence is handled with relation to free speech is a landmark decision.
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Insurgence
July 26, 2011 at 8:03am
I do not like the idea of tax payers money being spent on this stuff, but unfortunately I also believe that the politicians that make bad decisions like this, especially when the precidence has been set several times before them, need to feel it. I just wish that we could make them cover hte cost instead of taking it out of tax payers pockets.
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flo21
July 26, 2011 at 7:27am
I think the governator should pay that out of his own pocket, it was his idea after all.
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Supall
July 26, 2011 at 7:05am
Would California even have the money? I thought that state was absolutely broke.
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