Lawyers in Canada: Davis LLP - Legal Advisors Since 1892

ECA weights in on US Supreme Court Case

Last month, it was announced by Reuters that the US Supreme Court would decide whether a California law banning the sale and rental of violent video games to minors (the "Law") is unconstitutional.

Reportedly, the appeal was made by the state of California to the US Supreme Court after a Californian US appeals court ruled that the Law is unconstitutional because it violates the right to free-speech. It appears that the Law was adopted in 2005 but has never taken effect because it has faced a legal challenge ever since. Amongst those challenging the Law are video game publishers, distributors and sellers, as well as non-profit organizations such as the Entertainments Consumers Association (the "ECA").

According to gameinformer.com, the ECA represents gamers in cases such as these, and it plans to file an amicus brief intended to inform the Court of its agreement with the lower court findings with respect to the Law. The ECA apparently also plans to file an online petition against the case. ECA's Hal Halpin reportedly stated that its submission of the amicus brief to the Supreme Court would mark the first time than an organization such as the ECA has brought a petition in any such case.

According to Reuters, this would also be the first time that the US Supreme Court will rule on a video game case. Reuters and gameinformer.com both report that the case will not be heard by the Supreme Court until its next term, which begins in October.

Coverage at Gameinformer.com and Reuters

Blizzard censors South Korean version of Starcraft 2

Submitted by Brandi Stocks, Called Clerk

In order to earn a teen-friendly rating, Blizzard Entertainment has edited Starcraft 2 for the South Korean market. An early version of Starcraft 2 received an Adults Only rating from the South Korean Game Rating Board, and Blizzard subsequently changed some aspects of the game.

Reportedly, these adjustments included changing the colour of blood from red to black and removing all smoking references and vulgar words from the game. Blizzard was rewarded for these edits with a new 12+ rating. Blizzard is reportedly thinking about also releasing a separate uncut version of the game for adults.

Coverage at
FiringSquad and
Eurogamer

Sony changes PS3 firmware, gets sued

Sony's original PS3s allowed owners to install third-party operating systems such as Linux. Citing security concerns, Sony phased that functionality out in its later PS3 models and recently released a firmware update that eliminates the functionality in any console that has it. The firmware update is optional, but console owners who don't install it will lose other functionality.

The response was swift: Sony was hit with a class action lawsuit in California shortly after announcing the firmware update. Among other things, the claim alleges breach of contract, a breach of the covenant of good faith and fair dealing, and unfair and deceptive business practises.

Whether removing the other OS capability really was a deception "perpetrated on millions of unsuspecting customers" may be a matter of opinion, but it's understandable that someone who bought a PS3 solely because of the ability to install Linux might be upset by the change. We'll keep our eyes on developments.

Coverage at GameSpot and Gamasutra. IGN has a copy of the complaint here.