A violent game bill that was signed into law back in June 2006 was ruled unconstitutional by the U.S. District Court in Oklahoma during Constitution Day, September 17, 2007. The law was supposed to fine US$ 1,000 for the distribution of violent video games to inappropriately aged customers, although "violent video games" had to be defined by the law.

District Court Judge Robin Cauthron ended the dispute between the plaintiffs - the Entertainment Merchants Association (EMA) and the Entertainment Software Association (ESA) - and the defendants, after finding that the arguments of the defense "completely" failed.

The judge's opinions were put into a 20-page document, hinting that should an appeal be attempted, it likely wouldn't pass. In fact, the document already stated several other similar cases that didn't pass through legal actions. Video games were, are, and will continue to be considered as an expression of free speech, says the document.

And according to Mark Methentis of Vernon Goodrich LLP, video games are protected from regulation of violence - an example of content-based restriction on free speech - under the First Amendment of the U.S. Constitution. Oklahoma can now officially include itself the list of overturned video game laws, which includes California and Washington state.

You may view the document provided by Judge Cauthron in PDF format via the Read link below.

As expected, Governor Arnold Schwarzenegger has filed a notice of appeal to the recent decision of courts that declared California's video game violence law unconstitutional. According to the said bill signed back in 2005, the sale of video games is restricted to anyone below 18 years of age. The Governor explained:

Many studies show the link between plagying ultra-violent video games and violent behavior. We have a responsibility to our kids and our communities to protect against the effects of games that depict ultra-violent actions. We protect our children from buying inappropriate movies and ought to be able to protect them from buying inappropriate video games as well.

In a counter move, the Entertainment Software Association or ESA has filed a motion to Judge Ronald M. Whyte of the Northern District of California for the reimbursement of attorney fees and other expenses during the trial from Schwarzenegger. The amount bring asked by the association totals US$ 324,480. ESA President Michael Gallagher had this to say:

California citizens should be outraged at their elected leaders. Hard-earned tax dollars were spent on defending this law that California's state leaders knew was unconstitutional... From early on, the industry warned Governor Schwarzenegger and Senator Yee that this bill was unconstitutional and would be thrown out by the courts and that California taxpayers would pay the cost.

Both the ESA and the Entertainment Merchants Association (EMA) believe that the governor's appeal is going to be a disappointment as other rulings on prior similar cases are consistent with the decision of the California courts. EMA President Bo Andersen gave this piece of advice to Governor Schwarzenegger:

The court's ruling is consistent with rulings that have barred eight similar laws around the nation, and we fully expect it to be upheld on appeal. Rather than wasting more public funds in trying to defend a patently unconstitutional law, we believe the state should invest in helping parents make informed decisions about the video games brought into their homes.

The big buzz just a few days ago loomed over the societal-political sector, when a video game violence bill beset by a preliminary injunction was held back permanently after courts found the law was unconstitutional. The bill, proposed by senator Leland Yee and former California Assemblyman, was signed into law by Governor Arnold Schwarzenegger back in 2005.

But before the law could come into effect on January 1, 2006, the collective alliances of the Entertainment Software Association (ESA), the Video Software Dealers Association (VSDA), and the Entertainment Merchants Association (EMA) countered the law with a suit. The result rendered the law useless when courts decided to place a preliminary injunction on the law.

Like many other video game laws, the California video game violence law wanted to restrict the sale of violent video games (as classified by the law) to anyone under the age of 18. It only went as far as punishing violators with a US$ 1,000 fine, but back in Monday, the law was proven unconstitutional and was rendered ineffectual - permanently.

The game industry, instead, had provided invitations to the political sector to aid in the much-needed re-education of purchasing decisions and rating systems for media and to encourage parents to partake in the game selection process for their inappropriately aged children. But it appears the politicians will not sway so easily.

Governor Arnold Schwarzenegger has suggested that he will appeal the ruling by U.S. District Judge Ronald Whyte and stand by the bill "the Governator" signed into law two years ago. In defense, he commented:

I signed this important measure to ensure that parents are involved in determining which video games are appropriate for their children. The bill I signed would require that violent video games be clearly labeled and not be sold to children under 18 years old. Many of these games are made for adults and choosing games that are appropriate for kids should be a decision made by their parents. I will vigorously defend this law and appeal it to the next level.

As GamePolitics put it, "It’s not over until it’s over in California," and we couldn't help but nod in agreement.

The recent outbreak of anti-video game movements and ideals pressed the Entertainment Consumers Association to build defenses around the gaming consumer. This came at a critical moment in gaming history as the ordinary gamer didn't have an official body to represent him against those that may attempt to hinder one's right to responsible entertainment.

 

The ECA was established to protect the consumers of the gaming community, just as the International Game Developers Association (IGDA) enveloped the developers of the industry, the Entertainment Software association (ESA) represented the publishers, and the Entertainment Merchants Association (EMA) spearheaded movements for the game retailers.

In an interview with GoNintendo, Hal Harpin dived into the ECA's objectives and its history, all the while hinting the ECA's views and opinions that gamers might find helpful and could relate to. The ECA is currently concentrating on monitoring developments of anti-games legislations nationwide, including updating a tracker frequently for "potential" laws as they pass through the legislative process.

Interestingly, they are also mindful of the fear of violence in video games that seem to come from people who hardly had any gaming experience. They provide the needed education for interested parties to see the pluses and minuses of gaming, while slowly dropping the non-gamers' irrational fear of games.

But perhaps more interesting than most is the ECA's view of infamous anti-video game advocate Jack Thompson. Harpin cautiously answered GoNintendo's question about their perspectives and opinions of the Florida lawyer and said:

With the resignation of Doug Lowenstein, the former president of the publisher’s trade association, I may be close to the top of his hit list. Jack is definitely not a fan, let’s put it that way. My thoughts on Jack are that he is an extraordinarily effective communicator and advocate. He’s able to pull together groups of otherwise disparate people and channel their support for his side of the argument. To-date, we, as a people, haven’t given him near enough credit, nor concerned ourselves with uniting against him and other anti-games groups. The time has come to do just that, and we need member support in order to be effective in combating them.

Big titles like Gears of War which sold a lot for its mother console are bound to get awards from all places. A good example is Entertainment Merchants Association's (EMA) Video Game Home Entertainment Awards 2007, in which Gears of War racked up four awards.

GoW bagged "Xbox 360 Game of the Year", "Shooter/Military Game of the Year", "Best Game Graphics of the Year", and the ultimate "Game of the Year" awards. All games released between April 1, 2006 and March 31, 2007 were eligible, but GoW took the cake.

For handhelds, Lego Star Wars II: The Original Trilogy and Grand Theft Auto: Vice City Stories grabbed "DS Game of the Year" and "PSP Game of the Year" awards respectively. Lego Star Wars II' PS2 edition also took the win in its own category.

Resistance: Fall of Man dominated the PS3, while launch title Legend of Zelda: Twilight Princess was branded the best game on Wii. WoW: The Burning Crusade took both "PC Game of the Year" and "RPG/Strategy Game of the Year" awards.

Here's the rest of the list:

• Most Innovative Game of the Year - Guitar Hero II
• Casual Game of the Year: Guitar Hero II
• Fighting Game of the Year - WWE Smackdown! vs RAW 2007
• Racing Game of the Year - Need for Speed
• Sports Game of the Year - Madden NFL 07

Retailers and distributors from EMA's roster nominated and selected the winners. Their criteria on choosing, we would love to know. When Lego Star Wars II and WWE Smackdown! vs RAW 2007 are up there as creams of the crop, you know something special is going on.

Guys, it is now official. Entertainment Software Association (ESA) finally confirmed today the rumors circulating about the resignation of Doug Lowenstein as the organization's president. The rumors, that began before the weekend, were also true about Lowenstein starting a new trade group.

Furthermore, ESA mentioned that they have began looking for someone to replace Lowenstein. While no prospects were named yet, everybody knows that the group's ex-president certainly left a big void that is hard to fill in. Twelve years ago, Lowenstein founded ESA together with a companion. Today, he left it with 32-strong employees and a strong reputation regarding anti-piracy enforcement, domestic and international intellectual property policy, government and media relations as well as research.

Entertainment Merchants Association (EMA) President Bo Andersen reflected on the void the resignation created. He reiterated how the guy slaved and built ESA into a positive and influential institution in the videogame industry. Finally, Lowenstein leaves everyone in the industry this message:

I have been honored to represent the amazing companies of the ESA, to serve as their advocate and to be part of an industry which is having such a profound and positive effect on our culture and the world of entertainment. Like our industry, the ESA has grown and matured and is now stronger and more robust than ever before. The future of video games and its trade association is very bright indeed.