Gamerprudence: Video Game Law Explained

See how the pieces fit. Interactive Entertainment Law is a ten billion dollar per year industry and growing. Read thoughtful analysis by Attorney Mike Mintz on the latest issues in "video game law" and related IP practice.

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I work in publishing because I love words and information. The process of expressing thought, particularly verbal or written, demonstrates the most divine attributes of humanity. In the early 21st century we have experienced rapid evolution in the dissemination of information. Connecting billions of people in an ironic deluge of information has diluted the market for creativity. We must now rethink what it means to express and contribute content to the swelling marketplace of ideas. May we be guided in our quest to express by two great pieces of writing advice: "Fundamental accuracy of statement is the one true morality of writing." (Ezra Pound) "Omit needless words." (Strunk & White, The Elements of Style)

Tuesday, March 14, 2006

Video Games: My Anti-Drug


In a push to make a better image for the video games industry, Executive Director of the SILOE Research Institute John Geoghegan has issued a 12-Step self-esteem recovery program for the gaming industry. In his excellent presentation he calls on parents to be our biggest ally in monitoring the content that their kids purchase, rent and play. With the latest wave of video game "responsibility" legislation sweeping the nation, his plea to the industry comes at an opportune time.

There is no doubt that content is getting more realistic in all respects. The next generation of video games promises to not only deliver prettier graphics, but new interface opportunities and a level of game play that surpasses previous immersion attempts. Nintendo Revolution, coming at the end of 2006 promises to bring gamers to a new level of involvement with their games that has never before been attempted. With a controller that looks more like a remote control than a game pad or joystick, Nintendo is speculating that the gamer will need to do more than button mash or stick click. The new interface uses motion capture and will require movement by the player to work. For example, swinging a sword in a Legend of Zelda game would require the player to make slashes through the air. With this type of immersion video game critics will likely call for even more restraints against our industry.

Enter Mr. Geoghegan's proposal. The essence of his 12-steps is action. It is the responsibility of this industry to maintain standards that ensure it remains free to produce quality products that tell the stories that need to be told. Here I will restate the 12-steps for the video game industry, with my own comments (in blue) next to them.
  1. Promoting the use of ESRB's ratings system [I agree with this proposal. The ratings system should function much like the one currently used by the movie industry. The trouble is that many parents overlook the ratings system nor are they aware that an "M" designation, really means mature. Perhaps an insert card in all video games explaining the ratings system would be helpful to promoting it]
  2. Evangelize the benefits of video games [Ideally this is a good idea, but it sounds very unsubstantiated and much like conflicting doctor testimony that 1 -2 glasses of wine per day are good for you. Unless perhaps education embraces commercial video games as a way of teaching certain skills, this might be a hard sell. I would propose using things like Hexic, (a puzzle game on Xbox Live), to teach about geometry or even better Geometry Wars (also on Xbox Live) to teach about fracticals, chaos patterns and physics. Who knows? Perhaps a class in movement based on the fluid motion capture in Fight Night Round 3?]
  3. Obtain Statistical Data from Harvard and MIT think tanks [Perhaps one of the best ideas on here. Nothing speaks better to anti-legislation than good hard data from the experts. How do we get them to do it? Offer incentives from large publishers through academic contests, sponsor symposiums and extend scholarships to students working in the field. It is in the publisher's best interest to do so as it may preserve a large market segment for them that some video game legislation might preclude.]
  4. New media is never embraced (ex/Mozzart) [A great observation, but not entirely persuasive. Historical arguments tend to be weak in court and legislative debate (just look at any modern Establishment Clause case).]
  5. Preach moderation and good parenting [The best monitor of a child's behavior is an involved parent. Not only does the video game industry need to encourage more active and responsible parenting, but it needs to realize and capitolize on the fact that many of the "new parents" are also in their largest demographic for playing video games. Perhaps a short video spot to parents at the beginning of games or on certain online services combined with a promotion for discounts on products (through links in the add) would help this. Remember, nobody likes to be blamed for the decaying morals of youth, so make an ally rather than point the finger.]
  6. There is more violence, sex and gore in TV and movies than video games (we're not as cutting edge as we think [True, but movies and TV are a totally different form of entertainment than video games. A six-year old does not pull the trigger to kill the German soldiers in a movie like Saving Private Ryan, where they do in Call of Duty 2. The interactive nature of video games makes them a totally different animal. You are no longer a spectator free to form whatever association and opinion of the material you wish. With a video game you are a participant. While opinions may still be formed about the game the graphical representation of the action that comes from a player's interface means they have to play out the scenario to advance the story. With a movie you can close your eyes at the scary part. Here is one of the biggest hurdles for our industry.]
  7. Embrace the Constitutionand the right to make and market content in an unregulated manner [Up to a point. This is often the argument of content purveyors, that they have a right to free expression, unfettered and untouchable. Ideally, expression is always protected, but it can be limited, especially when disseminating it publicly and commercially. Look at the FCC w/Howard Stern or child pornography cases or even just plain obscenity in certain circumstances. Now I am not saying that video games are on the level of child porn (where even the possession of such materials is criminal), but I merely seek to illustrate that there are times when content can be regulated (and even criminalized) irrespective of the First Amendment due to the nature of the material. To me this is one of the most fascinating aspects of video game legislation and free expression, and likely outside of the scope of this post (hell it could be a whole book).]
  8. The need to lobby and make political donations [Absolutely. Sign me up! If we had a lobbying organization half as efficient as the NRA many of the fears that are being stirred up by video game litigation would be kept at bay. (BTW I am a card carrying member of the NRA)
  9. Non-video game Spokespeople (like Spielberg) [As Hollywood embraces the video game this should see some more support. I think it would be helpful to see political figures also support the video game. This ties in to the lobby suggestion of Step 8. If we could land Oprah for our support we'd be golden!]
  10. Creativity in games like Katamari and Guitar Hero [Creativity period would be nice. It seems that games have gotten stale as everything today is a port of a shooter or a sequal blockbuster franchise. As the market for games grows and the demographic changes more opportunities should be sought out. Just remember, Nintendogs (a game where you own virtual dogs) sold 2 million copies for the Nintendo DS so far)]
  11. Statistical perspectives - M rated games are only a slice of what is out there [but they also tend to make the biggest splash publicly. Why aren't games like The Sims or Ratchet and Clank featured on shows like Good Morning America or others (MTV did a great spot on The Sims but how many parents saw it)? This kind of exposure, which could be granted through media relations btw video game publishers and those networks could make it happen. It would widen the demographic, help to raise awareness and accomplish many of the goals sought out by these steps.
  12. (Marketing people) don't be ashamed to say you like video games [let's face it - for all the progress, video games still carry a stigma of dorkiness. This will subside in time, as it did for the computer, as our games get more sophisticated and the industry revenue grows.]

These comments are my general thoughts about John Geoghegan 12-steps for video game marketing. I think that if the image of video games changes (as it already is) then many of the legal issues and legislative challenges will also evolve. One of the best things the industry can do is show how video games can help kids avoid other dangers such as drugs, gangs and dangerous sex. Video games have future whether legislators like it or not. It is the scope and role that they will play in that future that remains TBD.

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