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Minnesota’s Violent Video Game Law Overturned – Permanent Injunction Granted

Text of ESA v. Minnesota Permanent Injunction
Text of Complaint
Text of Bill
No surprise here. Yet another State law designed to restrict minors’ access to violent video games has been struck down as unconstitutional. As per Judge James M. Rosenbaum, “…the Act unconstitutionally impinges on expressions protected by the First Amendment…”. The law, set to go into effect on August 1, would have imposed $25 fines on children under 17 who bought or rented video games rated M (Mature) or AO (Adults only). As was the case in other jurisdictions where similarly intentioned laws were struck down, the judge found that Minnesota was “…entirely incapable of showing a causal link between the playing of video games and any deleterious effect on the psychological, moral, or ethical well-being of minors [p. 7] …absent compelling evidence, the belief is pure conjecture”. [p. 13] Accordingly, the bill failed the strict scrutiny test necessary to survive a First Amendment challenge.

Dale’s Comment: For those keeping track: (i) similar laws in Michigan, Washington State, Illinois, Indianapolis and St. Louis have been ruled unconstitutional and permanently enjoined; (ii) a similar law in California has been temporarily enjoined; (iii) similar laws in Louisiana and Oklahoma are currently being challenged in courts and likely to receive the same fate; (iv) several other states (Florida, Delaware, Maryland, Indiana) have similar laws pending final enactment; and (v) Senators Clinton and Lieberman introduced similar federal legislation to Congress last year.

Sources: Gamasutra | GameSpot | ars technica | Next Generation | Joystiq | GameDaily.biz | GamePolitics.com | 1Up.com | Minnesota Star Tribune | Kotaku | First Amendment Central | CNet | IGN | USA Today (AP)

GamePolitics Full Coverage Of Minnesota’s Violent Video Game Law

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NFL Sued by John Facenda’s Family for Use of Voice

John Facenda Jr. has sued the NFL over the use of his deceased father’s legendary voice in the making of a program entitled “The Making of Madden 2006”. The league contents use of Facenda’s voice is allowed so long as it does not constitute a product endorsement. The Facenda family contends the 30 minute film was a “30 minute commercial for the Madden game.”
 
Sources: GamePolitics.com  |  Bloomberg  |  Northwest Herald  |  Post Gazette  |  NBC 10  |  Philly.com  |  FoxSports (AP)

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Second Employee (Canulti) Unpaid Overtime Suit Brought Against Activision

On May 2, 2006, a lawsuit, brought on behalf of , alleged that Activision unlawfully classifies its computer graphics employees as “exempt” from California’s laws requiring overtime pay. In a new lawsuit brought by former Activision employee Cathi Canulti, she alleges the same cause and wrongful termination when raising the issue with her superiors.

Sources: GameSpot

Activision (Canulti):

Activision (AE):

EA (Lender Hasty): EA programmers

EA (Tam Su):

EA (Kirschenbaum): EA animators, texture artists, and modelers

Sony:

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World Poker Players Sue Over Use of Likenesses & Names in Video Game

Seven World Poker Tour players announced their intent to sue WPT Enterprises over the use of their likenesses in the WPT video game. Players argue they were unfairly forced to sign a waive their rights in order to enter the poker tournament.
 
Sources: L.A. Times  |  Law.com  |  Mercury News  |  WPT Response to Complaint  |  Las Vegas Sun (AP)  |  Trading Markets  |  Yahoo! Finance  |  Gaming News  |  Review Journal

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British Energy Conservation Law Could Thwart Wii’s Always-On Feature

A new British law requires standby features of appliances to be slashed from product designs. Apparently 8% of the UK’s energy each year is consumed by standby devices. The WiiConnect 24 feature keeps the Wii turned on 24/7 in a low power state in order for Wii friends to be able to phone the users Wii and for the Wii to phone home to receive automatic updates etc.
 
Sources: Club Skill  |  GamePolitics.com  |  Joystiq

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Dead Rising Denied Rating (and Possibly en Route to being Banned) in Germany

Capcom’s forthcoming Xbox 360 exclusive, zombie-slasher, Dead Rising, was denied an age rating and while not yet banned, this sets up the possibility of it being banned by another department of the German government. The game is set for release in North America in September. Previously Germany had banned Doom 1, Doom 2, Manhunt and Command an Conquer.

Update – Jul 26, 2006: As per this joystiq article, the game will not be banned, but will simply be unrated.

Sources: Xbox 360 | 1Up.com | Joystiq 1 | Joystiq 2 | Gamasutra | GameIndustry.biz

Update Sources: GamePolitics.com | Joystiq

Dale’s Comment: Given Australia’s penchant for banning violent video games, I wouldn’t be surprised to see this game banned their before long.

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Massive Black Sues Ex-Employees for Pilfering Development Business, Fraud, Etc.

Massive Black is suing its former employees James Xi Zhang and Jenny Chen for interference with contractual relations, fraud, unlawful access to computer network, trespass, breach of contract and interference with prospective business advantage. Massive, a game-art and design subcontractor for games such as Killzone 2, Helgate: Longdon and Battlefield 2142, alleges, among other things, that Zhang and Chen, while still employed by Massive Black, competitively bid on projects from Massive’s customer, without Massive’s knowledge, won the contract and used Massive’s resources (equipment and development personnel – while still on Massive’s payroll) to work on the pilfered projects. Massive also alleges that up to $150,000 was siphoned out of the company using inflated expense reporting.
 
Sources: 1Up.com  |  Discussed in the April 14, 2006 “1Up Yours” Podcast (Time Index 48:15-52:15)  |  Gamasutra

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More Details in MGE-SCI Dispute – MGE Asserts Contractual Ownership of Source Codes

In a recent statement MGE alleges that its signed development agreement with SCI clearly stipulates that it retains ownership of the source codes. MGE also alleges that SCi is in breach of a non solicit clause in their agreement by obtaining, presumably, confidential information from former MGE employees.

Source: Gamasutra

Dale’s Comment: This contract seems odd. SCI claims it has a contractual right to take over development if dissatisfied with MGE’s development work. At the same time MGE states the contract gives it ownership rights in the source codes. These two statements are at odds with each other. Either the contract was very poorly drafted or one of the two parties fundamentally misunderstands it. If anyone has access to the disputed contract (undoubtedly to be an exhibit at any trial), or the disputed provisions, I would appreciate it if you would provide me with a copy so that I can post here.

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Agere Sues Sony in Patent Dispute

Agere claims Sony’s PSP, Playstation 2, Playstation 3 and other devices infringe 8 of its patents. Sony claims it already has cross licenses from Agere’s predecessor companies (AT&T/Lucent) for 7 of the patents and that the 8th patent is invalid. Agere is asking for an accounting of profits from such infringements from all Sony divisions and treble damages for willful infringement.
 
Sources: Gamespot  |  Gamasutra  |  engadget  |  PS3 Fanboy

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Federal Judge Hears Arguments in ESA v. Minnesota Case

ESA v. Minnesota (March 17, 2008 – 8th Cir Court of Appeals)
Click to hear Oral Arguments on Appeal (Feb 12, 2007)
Text of Appeal (Aug 29, 2006)
Permanent Injunction (July 31, 2006 – District Court)
Text of Complaint (June 6, 2006)
Text of Enjoined Bill (May 22, 2006)

Federal District Court Judge Rosenbaum has begun hearing arguments in the ESA v. Minnesota case, just one of the ongoing cases between the video game industry and U.S. states imposing restrictions on the sale/rental of violent video games to children. The challenged Minnesota bill is set to go into force on August 1. It imposes fines on children that buy/rent video games. It is widely expected that this law will be held to be unconstitutional like similar bills of other states that have failed before it. In an interesting twist to this story, Judge Rosenbaum has installed an XBox in his chambers so he can view/play some of the violent video games in question.

Sources: Game Politics | Gamasutra | Associated Press | San Jose Mercury News (AP) | GameIndustry.biz

GamePolitics Full Coverage Of Minnesota’s Violent Video Game Law

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SCI Denies IP Theft Reports

In November 2005, SCI Games says it exercised a contractual right to take over development of Battlestations: Midway, following its dissatisfaction with MGE’s development efforts. When SCI did not make payments MGE complained to Budapest authorities. The Sunday Times subsequently (mistakenly) reported the incident as theft of IP by break and entry. SCI denies this. In any event, the ownership of the game software developed by MGE now seems to be in dispute.

Sources: Gamasutra 1 | Gamasutra 2 | Times Online | GameIndustry.biz | Playfuls | Pesticide | Spong

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Congressman Joe Pitts Claims his Video Game Comments were Misportrayed in Daily Show Lampoon

After raising many eyebrows with his comments, Congressman Joe Pitts claims his statements on the affects of violent video games on children aired in a June 22 Daily Show segment were misportrayed.

Sources: DailyLocal.com | GamePolitics | Joystiq | YouTube Video (snippet)

Click here to view YouTube video.

Dale’s Comment: It’s hard to understand how Congressman’s Pitt’s comments could have been misportrayed. They were aired uncut. This is simply another example of a (probably) well intentioned, aging, out of touch Senator speaking on a subject he does not understand. Sounds like Washington as usual to me.

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Reservoir Dogs Also Banned in New Zealand

Previously banned in Australia, New Zealand has banned the Reservoir Dogs the video game – citing extreme violence. Unlike in Australia where it is merely illegal to sell the game in that country, it is illegal to even posses the game in Kiwiland. Hence, no imports or picking up the game while traveling allowed by New Zealand Gamers.

Sources: GameSpy | nzherald.co.nz | National Business Review | Stuff | Earth Times 

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    Louisiana Senator Defends Violent Games Law

    Text of Preliminary Injunction
    Text of Temporary Restraining Order
    Text of ESA Complaint
     Text of Violent Game Bill (HB 1381)

    Louisiana Senator Mike Michot defends the recently blocked violent Video Game Bill. Attorney General Charles Foti has promised to take the fight all the way to the U.S. Supreme Court.

    Sources: GameDaily.biz | KATC3 | Gamasutra | Next Generation | Game Politics 1 | Game Politics 2 | 1Up.com

    GamePolitics Full Coverage of Louisiana Violent Game Law

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    Tokyo Tax Authority Demands Sony Pony up another $244 in Taxes

    Fresh off its UK Import Duties Loss, the Tokyo Regional Tax Bureau rules that Sony owes an additional 27.9 billion yen (over $244 million) in additional taxes for 74.4 billion yen (about $650 million) in unreported income. The taxes stem from Japan’s “transfer price tax system” which is designed to prevent inter-company transactions between domestic and international affiliates at lower than market prices.

    Sources: GameSpot | Next Generation | Gamasutra (4th para)

    Related Posts:

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    Judge Hears Arguments on Louisiana Violent Video Games Law

    Text of Violent Game Bill (HB 1381)
    Text of ESA Complaint
    Text of Temporary Restraining Order
    U.S. District Judge James Brady took the has extended the temporary restraining order he issued on June 20 barring authorities from enforcing the measure and continues to hear arguments in the case. Based on the hearing to date, it appears Judge Brady will make the same ruling striking down the law as unconstitutionally restrictive of free speech as was the case in several other jurisdictions. He is expected to rule next week.

    Sources: Gamasutra | Shreveport Times | The Advocate | 10 KLFY | Nola.com (AP) | GamePolitics.com

    GamePolitics Full Coverage of Louisiana Violent Game Law