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[HALO2] - Legislation on sales of video games to minors GDC
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rose
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[HALO2] - Legislation on sales of video games to minors GDC

The battle between all levels of government and the gaming industry regarding the content of video games continues. A session at the upcoming Game Developers Conference is going to address this issue.

A summary of the roundtable is here

This is a complicated issue to say the least. I think many people just automatically react to the storyline of a game like GTA3 without considering the broader issues of the government regulating content. The gaming industry is going to have to fight this battle and it is far from certain that they will win.

The voluntary compliance with restrictions on sales to minors (remember people under age 17 had to have a guardian with them at the ilovebees events?) seems to be working. Still, as

this article from the February 3rd edition of The Washington Post explains, many legislatures are considering legislation banning the sales of M games to minors -which obviously includes Halo2 and, presumably, any future sequels to the series.

No case has yet considered the effect of making a game like Halo2 on XBox Live an online game where players interact with each other. To me, this changes the whole context of the argument. When the only interaction is between a player and a game, the argument that the game is "speech" that is protected by the 1st Amendment is harder to establish. When people are actually talking and interacting with each other, speech becomes part of the game. I think most everyone who has played Halo 2 would agree that speech (actual spoken words) between and among players is a part of the game.

If a game is considered to be "speech" and is subject to the protections of the 1st Amendment, then the ability of the government to regulate content is limited pretty much to either (1) proving a compelling state interest in protecting minors-this is the argument that video games make players more prone to violent behavior; or (2) proving that the game is obscene. People have been making arguments that "violence is obscenity" but those arguments have so far failed.
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PostPosted: Wed Feb 09, 2005 11:03 am
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Phaedra
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Re: [HALO2] - Legislation on sales of video games to minors

rose wrote:
If a game is considered to be "speech" and is subject to the protections of the 1st Amendment, then the ability of the government to regulate content is limited pretty much to either (1) proving a compelling state interest in protecting minors-this is the argument that video games make players more prone to violent behavior


Incidentally, the TV show Law & Order: Special Victims Unit had its say on this issue last night. Thankfully they didn't buy into the propaganda that video games make people violent.

I get very annoyed with how those who are trying to restrict the content of video games fail to distinguish between the sort of cartoonish violence present in Halo (where the aliens have neon-colored blood, for crying out loud) and more realistic violence like the type in the video game where you try to assassinate JFK (which strikes me as morally repulsive even if I don't think it'll produce a rash of assassination-minded teenage snipers). In a recent nationally syndicated column, a child psychologist was asked about video games for preteens, and weighed in on the possible harmful effects of GTA. Then, she added, "Halo 2 is just as bad."

In my mind, the "M for mature" rating isn't specific enough.

There's a huge difference -- both from a moral standpoint and from a concern about the possible effects of video-game violence -- between games that are set in real cities and encourage the protagonist to commit realistic crimes and kill realistic people, and the violence in a sci-fi game like Halo in which you're killing brightly colored aliens that have begun a largely unprovoked attack on Earth in a scenario that is blatantly and enthusiastically divorced from reality.
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PostPosted: Wed Feb 09, 2005 2:04 pm
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Clayfoot
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Phaedra, you know that Halo violence and gore isn't limited to the aliens. The marines and, lest we forget, the protaganist get killed and splattered, too. If that weren't enough, the fade-away shot often shows the protagonist twitching in apparent distress in a pool of his own blood. Anyway, is it at all that clear that children make the distinction between the sci-fi futuristic violence in Halo and the realistic, present-day violence in GTA?

With respect to children, violence in video games gets more attention because of the interactivity. In any FPS, the player participates in the violence. The in-game violent acts produce the same physiological arousal that fighting in real life produces. Repetition and rewards both increase learning, and video games offer both. Early, limited research on children suggests that playing video games increases aggressive thoughts, emotions, and actions in proportion to the amount of video game play. It may be just a correlation, but it may be that video game violence "trains" children to think and to act more agressively.

This is a good round-up of video game violence and kids:
http://culturalpolicy.uchicago.edu/conf2001/papers/walsh.html

Please, don't take any of this as an endorsement for government action. I opposed the V-chip when it was mandated, and I oppose government intervention here, too. It's my responsibility to limit what my child plays, not the government's. My daughter doesn't get to watch R-rated movies, and she doesn't get to play M-rated games like Halo.

This is just a message board, but it suggests why Halo 2 got rated 'M', instead of 'T'.
snopes.com: Why is HALO2 rated M?
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PostPosted: Wed Feb 09, 2005 3:18 pm
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Clayfoot
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BTW, I would hesitatingly suggest that the way we play as beekeepers online is often much less violent or aggressive than the campaign or the wilds of XBox Live. Parts of our play might even be beneficial to a growing mind. If it could be proven that some online, interactive play was beneficial to children in some measurable way, it would certainly confound the arguments against the violence. No?
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PostPosted: Wed Feb 09, 2005 3:25 pm
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Phaedra
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Clayfoot wrote:
BTW, I would hesitatingly suggest that the way we play as beekeepers online is often much less violent or aggressive than the campaign or the wilds of XBox Live. Parts of our play might even be beneficial to a growing mind. If it could be proven that some online, interactive play was beneficial to children in some measurable way, it would certainly confound the arguments against the violence. No?


Having a sort of fast and furious email exchange right now, so I'll address your first post later, but as for this one:

In a free society, you need a reason to regulate, not a reason not to. The burden should be upon those who desire regulation to prove that it is causality rather than mere correlation, not upon those who oppose it.

There is no reliable research proving any connection. All that can be proven is that playing video games increases the concentration of certain substances in your brain. But it does so to no greater degree than other pleasurable activities of similar intensity: sports, rides, sex, even chess, for those who enjoy it. Those who argue that video games cause people to be more violent take the results of research out of context.

There is nothing to prove, or really even strongly suggest, that kids who play video games and commit violent crimes would not have committed the crimes anyway. Just because a psychopath plays video games doesn't mean that the psychopathy was caused by the games.

While there are plenty of criticisms to be made of Michael Moore's work, I still feel the question he asked in Bowling For Columbine was valid: Why blame video games? Why blame Marilyn Manson? Why not blame bowling?
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PostPosted: Wed Feb 09, 2005 4:36 pm
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Clayfoot
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Phaedra wrote:
In a free society, you need a reason to regulate, not a reason not to. The burden should be upon those who desire regulation to prove that it is causality rather than mere correlation, not upon those who oppose it.

I agree.
Phaedra wrote:

There is no reliable research proving any connection.

I agree. There's even some unreliable research that shows playing video games is beneficial, since they teach teambuilding and problem solving skills.
Phaedra wrote:

All that can be proven is that playing video games increases the concentration of certain substances in your brain. But it does so to no greater degree than other pleasurable activities of similar intensity: sports, rides, sex, even chess, for those who enjoy it. Those who argue that video games cause people to be more violent take the results of research out of context.

I thought that the conclusive research was just on video games in general. Doesn't the more specific (and preliminary) violent video game research show more agressive, antisocial tendencies correlated to playing violent video games? I don't think anyone has shown causation yet, but I'm pretty sure a statistically significant correlation has been shown.
I just found this reading list, so I confess that I have only read to the depth of the online abstract of each entry:
You ng Media Australia: Readings & research, Computer/Video Games
Phaedra wrote:

There is nothing to prove, or really even strongly suggest, that kids who play video games and commit violent crimes would not have committed the crimes anyway. Just because a psychopath plays video games doesn't mean that the psychopathy was caused by the games.

Some studies have found an accelerated correlation, but that's about it: aggressive kids like to play violent video games, and these kids become more agressive the more they play. Of course, that only proves correlation, not cause and effect.
Phaedra wrote:

While there are plenty of criticisms to be made of Michael Moore's work, I still feel the question he asked in Bowling For Columbine was valid: Why blame video games? Why blame Marilyn Manson? Why not blame bowling?

I don't blame video games for actions; nothing relieves you of personal responsibility. There's no evidence at all to prove that playing less (or more!) violent video games would have prevented Columbine, anyway. Certainly, there's nothing to advise government regulation.
Is there enough to warrant parental regulation (by the parents, not by the government)? How about for parents that have already noticed agressive tendencies in their child?
Parents are often risk-averse when it comes to their children. They like to get kids vaccinated for viruses to which the children may never be exposed. That's because the penalty for exposure to the virus is so high, and the penalty for getting vaccinated is so small (I do know some parents that view it the other way: The risk of vaccination side effects is too high, compared to risk of exposure, so they don't get their kids vaccinated). Similarly, a parent could decide to "vaccinate" their child against the (low probablity) aggressive effects of violent video games by banning violent video games while children are too young, because the cost of not playing the games is small (i.e., the kids' thumbs won't be as nimble).
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PostPosted: Wed Feb 09, 2005 5:46 pm
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DreamOfTheRood
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The simple truth is that our society is becoming more and more of a Nanny State, with certain people on both sides of the Republican-Democratic chasm pushing for more regulation in the fields of entertainment. Now, I'm an old-fashioned conservative, and I think it should be left up to the parents as to what games and movies their child can and can not see or play.

However, I don't think that we are in any danger of any kind of morality code being forced upon game developers; the government isn't going to say, "There can no longer be any representation of death in games or movies." For one thing, it would be political suicide, because every one of their constituents plays games and watches movies. Secondly, the representation of death and violence is legally indefinable. Let me explain.

Most games have some form of loss, but many games - whether they be board games, card games or video games- have some representation of death in them. AD+D deals with killing fantastic beasts and is "blatantly divorced from reality." Magic: TG is involved with the same kind of thing. Yet, even Risk, RISK, has interpretive forms of death. You throw a bad row of the dice, and entire legions are wiped off the face of the earth. Furthermore, that's a game that gets played daily in the White House.

I'm probably getting off subject, so I'll stop here.
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PostPosted: Wed Feb 09, 2005 6:01 pm
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sux0rbiscuit
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Here is my take on the matter since I work at a video game store:

I have dealt with many kids trying to buy M rated games, and I am not allowed to sell it to them, period. That is my company policy and I can get terminated for selling them the games. They must have photo ID showing that they are 18 to purchase the games from us. This rule is a complete waste of time though, because these people are just going to go right next door and buy the game at another video game store. For my companies sake, a law on this would not be that bad. Some of these games just do not need to be played by kids. Do you think a 12 year old should be sitting down playing Manhunt? Many parents do come in and buy games like Grand Theft Auto for their kids, especially around christmas, returning only a couple days later to demand a refund for purchasing such "a filth ridden game, that teaches deplorable moral values." as one irate customer said to me. A couple things can be done to improve this system to make it better for people is to retool the game rating system, because how it stands right now, there is not a very clear border between what makes a Teen rating and a Mature rating, because there is a clear difference between Halo and Manhunt, yet they deem the same rating. So my points summed up in blurbs:
1. Legislation on who buys the games is not a bad thing, because alot of companies are already enforcing it
2.Please re-tool the gaming industry
3.Soccer moms need knowledge before they come shop.
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PostPosted: Thu Feb 10, 2005 3:43 pm
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Grifter_7
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sux0rbiscuit wrote:
A couple things can be done to improve this system to make it better for people is to retool the game rating system, because how it stands right now, there is not a very clear border between what makes a Teen rating and a Mature rating, because there is a clear difference between Halo and Manhunt, yet they deem the same rating. So my points summed up in blurbs:


I don't understand why Video Games don't use the same rating system that they use for Movies. That rating system was already in place and well understood before the video game rating system was created. It's pretty easy to convert.

EC=G
E=PG
T=PG-13
M=R
A= NC-17
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PostPosted: Thu Feb 10, 2005 3:52 pm
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Clayfoot
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The rating system is problematic, but it at least gives soccer mom a chance to choose which games not to buy. For any given game, somewhere on the box, there's the rating and a few words about how the game earned that rating. If soccer mom has some idea what she doesn't want her child to see, she can use the system before she buys the game to avoid an unpleasant surprise.

I'm intrigued by the proposal to legislate ratings, in order to level the field between stores that will or won't sell 'M' rated video games to children. I'm not persuaded that this makes it a valid government intervention, but it does help in another way. Such a law would free soccer mom from monitoring her child's video game shopping. Soccer mom would be free to buy any game for her child, but her child would not be free to buy the game without soccer mom's explicit knowledge. I'm still not persuaded that this is a good reason for government intervention either (or even whether it would work), but I certainly see the appeal to parents in any political party.
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PostPosted: Thu Feb 10, 2005 5:31 pm
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Clayfoot
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What, exactly, happens when children play violent video games? Since video games always involve repetition and rewards, it's definitely a learning environment. What effects have actually been proven in research, positive or negative? If negative, just how negative would the effects have to be to warrant government regulation, such as that for pornography, alcohol, and tobacco?
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PostPosted: Thu Feb 10, 2005 5:44 pm
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SuperJerms
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With the Live! stuff, we again have the telecomm issues. It's neigh impossible to legislate anything related to the Internet and decency. 'Course, I'm 100% in favor of getting all 8 year old children off of live. Potentiality to scream over Live seems inversely proportionate to age.
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PostPosted: Thu Feb 10, 2005 5:45 pm
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DiscipleN2k
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I still don't see the logic behind all of the complaints against the video game industry. The necessary precautions to keep the games out of the hands of (most of) the people who don't need to play them are already in place. We already have the rating system which clearly displays the rating in one or two big fat letters on the front of every video game currently availible, and as far as I know, it already is against the law (although horribly enforced) to sell the games to someone outside of the approved age group.

The problem isn't with the video game industry, it's with the parents. For some odd reason, parents seem to assume that it's the government's responsibility to babysit their kids for them. If someone's kids are playing a game they don't approve of, it's not the developer's fault as I highly doubt that the game's creators brought it to their house. If they're playing it, it's because the parents (or another close adult) bought it for them. The system works great for parents who are bright enough to use it.

It does bug me just a little that Halo 2 has the same rating as the GTA series, but all it takes is a little research to find out which one is more appropriate for your kid. It works the same way in the movie world. The Passion of the Christ has the same rating as Hittin' It, but it doesn't take a rocket scientist to figure out that one is more appropriate for the kids than another (although I don't recommend taking the young 'ens to see Passion, either). It always comes down to the parents. Ultimately they have control over what their kids are exposed to. If they're exposed to something that the parents don't approve of inside their own home, then the parents have noone to blame but themselves.

What is it about this country and everyone pointing the finger everywhere but where it belongs. "Burger King made me fat." "McDonald's injured me with their hot coffee." "Video games are making my kid violent." I wish we could just take all of the warning labels off of everything and cleanse the genepool a little.

-Disciple

*My apologies for the lack of form in this post. I wrote different chunks of it in between tasks at work and my brain isn't functioning quite well enough to determine what belongs and what is completely random.
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PostPosted: Thu Feb 10, 2005 6:12 pm
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DiscipleN2k
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Grifter_7 wrote:
I don't understand why Video Games don't use the same rating system that they use for Movies. That rating system was already in place and well understood before the video game rating system was created. It's pretty easy to convert.

EC=G
E=PG
T=PG-13
M=R
A= NC-17


Doesn't make the slightest bit of sense to me either. It would have been much easier for everyone to just reuse the old system, but you know how good people are at making logical decisions.

-Disciple
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PostPosted: Thu Feb 10, 2005 6:19 pm
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Fenwicked
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Personally, I wouldn't mind seeing some sting operations in video game stores. When I was 14, I participated in a sting operation with the police department, where I'd go into a grocery or convenience store, and an undercover officer would be right behind me. I would try to buy cigarettes, and if they sold them to me, I'd leave and the officer would reveal themselves to the clerk, and appropriate discipline would take place. (Believe it or not, 4 out of 7 places we tried actually sold them to me. Without asking for ID or anything) I'm not saying the police necessarily need to be involved in this, but perhaps the ESRB could set up something like this. I think the rating system is great in theory, but is so poorly enforced that its actual effectiveness is laughable. As it is, it seems more like a "strong suggestion" than anything else. If there were actual consequences for the stores or store employees that sell inapropriate games to minors, then these parents wouldn't have anyone to blame but their own negligence.
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PostPosted: Thu Feb 10, 2005 7:04 pm
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