Lawyers in Canada: Davis LLP - Legal Advisors Since 1892

GTA IV Offers Meth Recipe?

Rockstar and its Grand Theft Auto franchise are no strangers to controversy (hot coffee, anyone?), but according to a recent report in the Times, the British Board of Film Classification investigated reports that a recipe for crystal meth was part of the game play in GTA IV. As it turns out, the recipe, which was available through the game's mock "Craigslist" site, was "inaccurate" and stayed in the game.

But perhaps more interesting than Rockstar's relentless pursuit of subversive content was the gist of the Times' story itself, which was that Britain has abandoned its attempt to have video games classified by the BBFC (which also rates films), and will allow the Video Standards Council to rate games using the PEGI system. Although critics claim that the PEGI system is industry-controlled and less robust than the BBFC ratings, others insist that the PEGI system has been strengthened and will provide needed consistency with the rest of Europe when it comes to rating video games. Surprisingly, even the author of the Byron Report, Dr. Tanya Byron, seems to have come around to the PEGI system, despite recommending in her comprehensive report that the BBFC should handle the job.

Times article is available here.

Controversial Ad Leads to Outrage ... and Potential Lawsuit

Submitted by Karine Bellavance

In response to a printed ad released by the U.K. government, it is reported that Sony Computer Entertainment Europe ("Sony") is considering legal action. This ad was published as part of the Change4Life campaign, backed by the British Heart Foundation, Cancer Research and Diabetes UK. It is reported that the campaign's intent is to promote an active lifestyle among children. The publicity depicts a young boy looking bored holding a PlayStation-like game controller and suggests that playing video games could "risk an early death". The message behind the ad has sparked outrage among gamers, publishers and industry trade groups.

It has been reported that the ad agency behind the publicity had not contacted Sony before using the PlayStation-like controller in the ad, leading to Sony considering legal action. Sony has reportedly stated that this negative portrayal of gamers is "a serious issue for the video games industry and one that needs to be dealt with by the industry as a whole".

In light of this controversy, some have suggested that such a lawsuit would be an overreaction, being that a limited number of people will be able to tell that the ad shows a PlayStation-like game controller. Furthermore, some have also stated that the real issue that should be looked into in this case is the misleading message behind the ad.

Coverage at EscapistMagazine.com and Techdirt.com

Schwarzenegger's Anti-Video Game Law Terminated by Appeals Court

Sylvie Lang
On Friday, February 20, 2009 a U.S. Federal Appeals Court ruled that a California law aimed at restricting the sale of violent video games to minors was unconstitutional. The ruling came in the Video Software Dealers Association v. Schwarzenegger, where the video game industry sought to block the anti-vide game law that was signed by Governor Schwarzenegger in 2005. The Appeals Court upheld the decision of the District Court which found that video games are a form of expression protected by the 1st Amendment and that minors are entitled to benefit to a large extent from the guarantee to freedom of speech.
The Court agreed with the Video Software Dealers Association's argument that there are other less restrictive means than censorship of protecting children from violent video games, such as retailer ratings enforcement, ratings education and parental supervision of children's video game playing. The Court also found that in order to justify the restriction on freedom of speech, the government had a burden to prove that the law would directly alleviate a real harm to minors, which it failed to do.
To date there is no indication as to whether the Attorney-General will be back and appeal the decision to the U.S. Supreme Court, although the Senator who drafted the law has stated that he would like to have the decision reviewed.
coverage atGameDaily.com

Console manufacturers: time to update your warning notices

An article in the British Journal of Dermatology has identified a new skin disorder, affectionately called "PlayStation palmar hidradenitis". It was discovered by researchers when a 12 year-old girl was admitted to a hospital, complaining of painful sores on her palms. Turned out she played a lot of PlayStation while gripping the controller tightly and sweating a lot. (Note: that's SWEATING a lot; not SWEARING a lot. To our knowledge, only the former activity is medically relevant).

Her playing sytle combined with her underlying skin disorder caused the sores. The doctors ordered her to stop playing the console for 10 days, and bingo: she made a full recovery.

Console manufacturers will no doubt want to add this potential condition to their warning notices in the future.

Also, we wonder how long it will take for Sony to object to the condition's name. This naming problem is similar to a case in 2005 where researchers named a cancer causing gene "POK Erythroid Myeloid Ontogenic", or POKEMON for short. It didn't take Nintendo's lawyers long to send out the demand letter, after which the gene was renamed "Zbtb7".

PlayStation story here (BBC)

POKEMON story here (Gamasutra)

Health Warnings could Become Mandatory for... Video Games?

Submitted by Karine Bellavance

U.S. Congressman Joe Baca has proposed a piece of legislation entitled the Video Game Health Labeling Act of 2009, which would require that games with an Electronics Software Ratings Board (ESRB) rating of "T" for Teen or higher feature a label stating "WARNING : Excessive exposure to violent video games and other violent media has been linked to aggressive behavior".

Rep. Baca has reportedly stated that the video game industry has the responsibility to inform its consumers of any potential harmful content in their products, which it has failed to live up to, in light of research that demonstrates that there is a link between violent video games and aggression in young people.

However, some have stated that there is no proven link between violent video games and aggressive behavior. As reported on the GameDaily website, although a recent study did suggest a link between exposure to violent games and aggression, this study has been criticized by the Entertainment Consumer's Association (ECA) and a psychologist from Texas A&M University (coverage at www.davis.ca). It has also been argued that a game's objectionable content is disclosed by the ESRB next to its age rating, if any.

Coverage at GameDaily.com

DO VIDEO GAMES MAKE YOU VIOLENT?

Reports came out earlier this week of a study of Japanese and American kids testing whether exposure to violent video games led to more "violent dispositions" (coverage at: GameDaily.com). The study by Dr. Craig A. Anderson of Iowa State University suggested that children who were exposed to violent games tended to be more aggressive.

Today a reported academic rebuttal from Christopher Ferguson, Psychologist from Texas A&M University challenges Dr. Anderson's study, stating that "there are numerous flaws in the literature review, methodology and conclusions that greatly reduce my enthusiasm for it, and call into question the meaningfulness of the study" (coverage at: GamePolitics.com).

Who is right? I'm no scientist but I know that after facing a losing campaign in Rise of Legends (at the allegedly "medium" difficulty setting, which I say is not properly calibrated, but that is another story), my wife reports that I get grumpy. But the failure effects are short-lived and far from violent and, more importantly, I argue in my defence, video games for me are an efficient stress reliever. Mind you, Rise of Legends is far from being a truly violent game.

For what is worth, the Entertainment Consumers Association (ECA), the non-profit organization which represents the rights of video and computer gamers, has also rebuked the Anderson study. Hal Halpin, president of the ECA, has reportedly stated that "For the better part of the past decade we - game consumers, makers, sellers and creators - have been waiting for the results of an unbiased, longitudinal and comprehensive study to be done which will inform us about the potential harmful effects of entertainment products on our children. Unfortunately, with the report published in the latest issue of Pediatrics, we remain wanting [...] The problem has been, and apparently continues to be, that the agenda of the researchers supersedes our want and need for inclusiveness of all media... not just games" (coverage at: GameDaily.com).

I guess this will continue to fuel (help?) the debate between the balance of parenting -vs.- legislation of video game content.

AUSTRALIA WITHOUT AN R18+ RATING FOR GAMES

Australia is the only developed country without an R18+ rating for games.
The Australian public's opinion was polled about the introduction of an R18+ rating for games and a subsequent report was prepared, however, the South-Australian Attorney-General Michael Atkinson refused to make it public, consequently rendering it null. Atkinson has long been opposed to any type of R18+ rating.
However, at a meeting held on Friday, November 7, 2008 of the Attorneys-General, the Australian censorship ministers agreed to push through a proposal introducing an R18+ rating for videogames. The finalized proposal shall be submitted to family groups as well as industry associations for their recommendations.
Rob Hulls, the Victorian Attorney General believes that an R18+ rating is needed for video games. He marks the inconsistency between restricting certain films with mature content by rating them R18+ but not attributing the same rating to computer games with the same level of mature content.
Some supporters of the R18+ rating amongst the Australian government do not understand why Australia has not yet adopted the rating and call upon the Senate and Parliament to address the issue.

Coverage at: GameDaily.com

NY Passes Video Game Display Bill

The New York State Assembly has passed a bill mandating that all videogames sold in the state of New York display ESRB ratings on their packaging. The bill also requires new consoles to be equipped with controls that would prevent the display of indecent/violent video games. Legislators hope that the bill (which will eventually become law) will help to provide parents with much needed information about video games. The bill also foresees the creation of an advisory council to examine issues such as the potential impact of violent media. The bill could potentially become law as early as 2010, although similar bills in other states have been stuck down as unconstitutional.

Submitted by Josie Morello

Coverage at GameDaily.com.

UK May Drop European Game Rating System

Submitted by Michael Mjanes

According to reports in both the Guardian and MCV, the soon-to-be released Byron Report is likely to recommend that the UK drop the European PEGI ratings system for video games in favour of the BBFC’s movie classification system. Currently the UK system is a hybrid of both the PEGI and BBFC ratings. Games which depict “gross violence”, sexual activity, or “techniques likely to be useful in the commission of offences” are classified under the BBFC’s film rating system. Otherwise, games retain their PEGI ratings.

Patrice Chazerand, Director General of the Interactive Software Federation of Europe, sent a letter to Prime Minister Gordon Brown calling the move a “mistake” and a “backwards step”. In an interview with MCV, Chazerand said that the current system is trusted and understood by parents and that a move away from the pan-European system ignores the global aspect of the game industry.

Dr. Tanya Byron, a clinical psychologist, is due to publish her findings next month. Last year she was tasked by the government to look at the potential risks and benefits to children and teenagers from new technology. Part of her review involves looking into the violence aspect of both videogames and the Internet.

Stalking Charge Linked to On-Line Activities

A 20-year-old man was recently arrested an charged with stalking a 15-year-old-girl. This appears to be another situation where the initial contact between the parties was on-line (in this case apparently through X-Box Live). After making initial contact, the man allegedly then commenced a series of acts of harassment.

More coverage at: Topix

Gaming Website Charged with Failing to Protect Minors

An interesting story out of Texas where GamesRadar has been charged by the Texas Attorney General with failing to protect the privacy and safety of children.

The charge stemmed from an alleged breach of the Children’s Online Privacy Protection Act. Specifically, GamesRadar is accused of “unlawfully collect personal information such as names, ages, and home addresses from children [under 13]”.

The charge shows the importance of taking precautions to either restrict access by minors to a Web site or, alternatively, taking special precautions to account for them.

More coverage at fuglore.net

Fight Over UK Ban on Manhunt 2 Continues

Rockstar Games, publisher of the ultra violent Manhunt 2 video game, continue to push for a the UK ban on the game to be lifted.

In an appeal to the Video Appeals Committee, Rockstar's legal counsel submitted scientific studies that purported to show that Manhunt 2 was no more violent than numerous 18-rated games and films that were available to the UK public. Rockstar's counsel also argued that banning the game had, by making the game "forbidden fruit", actually increased the public's desire to play it

Legal Counsel for the British Board of Film Classification, the entity that banned the game, responded by arguing that Manhunt 2 was a uniquely violent game.

A verdict on the appeal is expected soon.

More coverage at Gamespot

Class Action over Xbox Live

A Georgia (USA) resident has started a class action suit against Microsoft, claiming that Microsoft improperly allowed the man's son to subscribe to Xbox Live using the man's debit card, and then automatically renewed the subscription without authorization. Apparently the debit for the automatic renewal caused an overdraft on the man's account and a resulting penalty fee from the bank. Microsoft has refunded the subscription fee but not the bank penalty.

Microsoft has asked that the action be dismissed, on the ground that the man's son misrepresented his age when he subscribed to Xbox Live.

On-line contracts typically contain clauses confirming that the customer is of legal age and is able to enter into the contract, etc. It's not clear what else can be done in the e-commerce arena, as there's no simple way to verify age. Until there is, parents should make sure they keep an eye on what their children are doing with their (the parents') credit cards and debit cards.

Coverage at Gamasutra.

Manhunt 2 Still Faces Difficulties in UK

Rockstar's "Manhunt 2" ran into rating troubles some months ago (see our previous posts here and here). The game received an "Adults Only" rating from the ESRB, meaning that many major North American retailers would not carry it, and the UK classification board (the BBFC) refused to issue a certificate for the game, meaning that it could not be sold at all in the UK.

Rockstar subsequently removed some content from the game in hopes of receiving different ratings. The ESRB issued a new "Mature" rating in response, meaning the game is much more marketable in North America. However, the BBFC has once again refused to issue a certificate for new version of the game. The BBFC has said that despite some changes (not all the changes suggested by the BBFC were made), parts of the game "retain their original visceral and casually sadistic nature".

Rockstar is continuing to appeal to the BBFC for a different result. Further changes to the game's contents are unlikely.

Coverage at Game Politics.

Oklahoma Video Game Law Permanently Enjoined

Like similar laws enacted by other states, Oklahoma's law seeking to ban the dissemination to minors of compter or video games containing any depiction of "inappropriate violence", has been found to be unconstitutional by the U.S. District Court for the Western District of Oklahoma. The impugned law was to have gone into effect on November 1, 2006 but a preliminary injunction against it was originally issued in October, 2006.

In ordering a permanent injunction against the proposed law, The Honourable Robin J. Cauthron reasoned that video games are a form of creative expression entitled to protection under the First Amendment and noted the absence of legislative findings, scientific studies, or other rationale to support passage of the law. His Honour further noted that the proposed law was underinclusive - targeting the video game industry but not addressing the depiction of inappropriate violence in movies or books, for example.

Coverage at Gamedaily.

Microsoft Sued by Estate of Infant

The estate of an infant who perished in a December 2004 house fire alleged to have been started by a faulty X-Box has commenced a lawsuit against Microsoft Corporation. Wal-Mart Stores, Inc. who sold the X-Box unit to the family of the deceased has also been listed as a defendant to the action.

In February 2005, Microsoft announced a recall of more than 14 million X-Box power cords, citing fire concerns.

Coverage at whig.com

ANTI-ADDICTION SOFTWARE: JULY 16 DEADLINE FOR COMPLIANCE IN CHINA

Video game operators must comply with new rules imposed by the Chinese government by July 16th. In a move which is bound to have repercussions for game operators, the Chinese government has required that operators implement software controls which restrict the amount of time gamers under 18 years of age are allowed to play video games.

According to the People’s Daily Online, the software will allow video games to be played normally for up to 3 hours following which the number of points that can be earned drops by half for the next 2 hours and then to zero beyond hour 5 of consecutive play time. While this scheme might not be much of a deterrent for avid fans, also having a warning flashed up on the screen ever 15 minutes (following the first 5 hours of play) and needing to register using an identity card in order to play, might prove to be too much for die-hards whether they are under 18 or not.

While video game operators don’t appear to be overly concerned by the requirement to incorporate the "anti-online game addiction” software - that the system also requires every online player to register with his or her real identity does cause some concern because it is likely to have the greatest impact, at least short-term, on sales.

Current coverage at: People’s Daily Online and also at PC-MAC Zone

Previous coverage of this issue at: Games Industry; China View

Mom Sues Sony, Vivendi and Sierra for Inducing Seizures in Her Child

A U.S. mother is suing Vivendi Games, Sierra Entertainment, and Sony Computer Entertainment America for "neligent, careless and reckless" behaviour after her infant allegedly suffered a debilitating epileptic seizure while playing Spyro: Enter the Dragonfly on PS2. While game packaging warns that players may be susceptible to seizures "when exposed to certain light patterns or flashing lights," the mother alleges that the seizure her child suffered was so severe that her child has suffered permanent injuries that affect all aspects of their everyday life. No word on how old the "infant" playing the videogame was or whether the packaging cautioned against letting babies play videogames.

Source: http://shorl.com/seprafukefrahu

UK SURVEY OFFERS INSIGHTS INTO VIDEO GAMES

The British Board of Film Classification recently commissioned a survey in which gamers, parents and members of the game industry were interviewed about various aspects of video games. The BBFC is the UK's independent film and video industry regulator, and is also responsible for classifying video games.

The general consensus among the gamers surveyed was that games are a form of entertaining escapism, but do not desensitize players to real-world violence. Nor do gamers lose the awareness that they are playing a game or mistake games for real life.

The survey offers many other interesting insights about games and how parents and gamers (and parents who are gamers) view them.

Survey at: http://tinyurl.com/2q92ne

ESRB GAME RATINGS ROCK

So says the FTC. Well, sort of.

According to a new report from the Federal Trade Commission, over 87% of parents surveyed were aware of the ESRB system, and over 70% said they used the system when considering games for their kids. The other 30% are presumably letting their toddlers play M rated games….

FTC report at: http://tinyurl.com/27dhjz

HOUSE BILL NO. 77 - ROUND 2 FOR AMENDING VIDEO GAME LEGISLATION IN DELAWARE

On Mar 14, 2007, House Bill No. 77 was “Introduced and Assigned to Judiciary Committee” in the House of Representatives. Delaware Representative Helene Keeley is once again attempting to introduce legislation in the U.S. which would target access to video games with “mature” content by minors.

If enacted, the new Bill will require Entertainment Software Rating Board (ESRB) ratings to be displayed at the point of sale, or, in the absence of an ESRB rating, to be clearly and prominently marked as “not rated”. Additionally, retailers will be barred from selling Mature (M) and Adult Only (AO)-rated games to persons under the age of 17 and 18, respectively. Identification, which provides a date of birth, will be required at the point of sale.

Attempts by Keeley to push legislation to restrict access to violent content by minors has failed in Delaware in the past; however, Keeley seems determined to press on.

SYNOPSIS of BILL NO. 77:

“This Act prohibits a person from selling or renting a video game, if rated, unless the official rating is clearly displayed. This Act also makes it unlawful for a person to sell or rent to an underage person and requires proof of age prior to sale or rental. Any violation will be a Class “A” Misdemeanor. “

http://tinyurl.com/3694p5 (game politics)
http://tinyurl.com/3bqgp3 (proposed Bill)