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Ban On Louisiana Video Game Law Now Permanent

Posted by samzenpus on Wed Nov 29, 2006 08:49 PM
from the your-child-wants-to-blow-stuff-up dept.
Carl Carlson writes "A Louisiana judge has issued a permanent injunction against a Louisiana law banning the sale of violent video games to minors. The law was crafted by video game dilettante Jack Thompson and took a slightly different approach to the issue of regulating video game sales. Rep. Roy Burrell (R) and Jack Thompson had research that purported to show a causative link between playing violent video games and real-world violence entered into the legislative record in an attempt to buttress the legislation's shaky credentials. In addition, the law adapted the Miller obscenity test to the realm of violent video games."
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  • Woot! (Score:5, Funny)

    by Kingrames (858416) on Wednesday November 29 2006, @08:53PM (#17043476)
    We win!
    • by Anonymous Coward on Wednesday November 29 2006, @09:08PM (#17043610)
      One can never "win" when it comes to situations like these. It takes eternal vigilance to ensure that future legislation is not passed that has many of the same restrictions as this struck-down law has.

      The moment you think you've "won", that's the moment you're most vulnerable.

      • by Kingrames (858416) on Wednesday November 29 2006, @10:35PM (#17044416)
        You mean, like at the end of Return of the Jedi, when the rebels and ewoks were all celebrating and dancing and whatnot while the wreckage of the Death Star II was burning up in the atmosphere, destroying the entire supply of breathable air? ...crap.
    • Re:Woot! (Score:5, Insightful)

      by Anonymous Coward on Wednesday November 29 2006, @09:09PM (#17043618)
      And by "we", you of course mean the organization whose lawyers got the bill struck down, namely the Entertainment Software Association, whose members include Vivendi/Universal (hello RIAA), Microsoft (Who do you want to screw today?), Sony (this rootkit might sting a little), and Electronic Arts (nuff sed).

      Mmmmmm, ironyburger.
      • Re: (Score:3, Funny)

        and Electronic Arts (nuff sed).

        What does sed has to do with EA?

        • Re:Woot! (Score:4, Funny)

          by Anonymous Coward on Wednesday November 29 2006, @10:40PM (#17044446)
          well u see sed can be used
          to substitute

          kind of like how EA
          changes good game
          companys into shitty ones
      • Re:Woot! (Score:5, Insightful)

        by Admiral Frosty (919523) on Wednesday November 29 2006, @09:54PM (#17044024) Homepage
        Its the parents responsibility, first and foremost. The idea of using the government as a crutch will only encourage people not to think on their own.
        • Re: (Score:3, Informative)

          Its the parents responsibility, first and foremost.
          Right! This law would require that parents (or some other adult) purchase the game if they think their kid should be allowed to play it. With this law, the parents had just a little bit more control of what kind of sludge gets fed into their kid's mind. Now that control has been handed over to a minimum wage, zit-faced 18-yr old at EB Games who could not care less about you or your children.
          • Re: (Score:3, Insightful)

            well I never used to have too much trouble getting ahold of them when I was 14. Is it any different today?

            When I hear some politician whining about "our kids are being corrupted!", I want to ask them "how old were you when you had your first beer?".

            I worry more about how deeply embedded hypocrisy is in our society.
          • Re: (Score:3, Insightful)

            The thing is. It IS true. Parents need to start taking responsibility for the children they have. And the government needs to not be passing laws designed to "make up" for parents who don't take responsibility, instead perhaps they should be holding parents responsible along with the children for their actions.

            Say what you will about parents being too busy, but I was raised by my Mom, who worked >40 hours a week (IT staff) my entire childhood. She also was always aware of what I was up to and took he
      • Re:Woot! (Score:5, Insightful)

        by Surt (22457) on Wednesday November 29 2006, @11:41PM (#17044974) Homepage Journal
        What do you mean 'we win'? Who wins? I don't understand why so many people are hell-bent on violence in this (American) culture. What makes a violent video game incomparable to an 'R' rated movie or sexually explicit material (which both cannot be sold to minors)? The only entities winning here are the corporations making money by selling to a larger audience. Meanwhile another generation of violence-exposed-to kids will turn into violence-loving adults. But anyway, the whole 'violent video games make people violent' argument aside, I fail to see why video games are placed in an untouchable category regarding law when other media and substances like alcohol have strict age limits. I fail to see how anyone 'wins' either.
        R rated movies can be sold to children. There is no law preventing this. There are conventions preventing this, adopted voluntarily by the stores.
        Other media are not in a different category. Substances are. And I think most people can observe a difference between chemical ingestion and media exposure.
        If the law went into place or stood in place the games could still be sold to parents who can choose what to expose their children to. That seems like a winning situation to me. Giving kids rights to buy all kinds of explicitly violent games before they may be old enough to understand the implications (whatever you think they may or may not be) seems like a losing situation to me.
        Those of us on the other side just prefer not to have free speech rights eroded. Parents still have plenty of control over what media their children are exposed to. If their ability to purchase the games is the gating factor on their exposure, you have a serious problem with how you're raising your children.

  • Why? (Score:3, Insightful)

    by alexjohnc3 (915701) on Wednesday November 29 2006, @08:58PM (#17043524) Homepage
    The fact that it became a law in the first place is kind of disturbing. Why should a judge even have to bother stopping this? Well, at least everything turned out good in the end, especially since Jack Thompson is probably pissed off that his attempts at stopping people from accessing anything that is at all violent have failed once again.
    • Re: (Score:3, Interesting)

      At this point Jack Thompson is making such a public ass of himself that its pushing the government to build some interesting techie legislation. I bet that the laws that are passed or banned now in response to Yack are going to provide some interesting obstacles for future laws that actually could have meant something.
      • I bet that the laws that are passed or banned by the non technical legislature and non technical judiciary will not interfere with them passing other laws that can and probably will contradict the earlier ones. See the Constitution vs. the Government for more on that one. The problem with laws in general is not that the Hammuribian system of codification is flawed, but that the people who want to be in control and make the laws are by definition greedy and power hungry, and therefore are the least qualified
    • Re:Why? (Score:4, Interesting)

      by aussie_a (778472) on Wednesday November 29 2006, @09:38PM (#17043882) Journal
      Why should a judge even have to bother stopping this?
      Because your politicians have bought into Thompson's propaganda.
  • by Brill (691333) <brill@mac.com> on Wednesday November 29 2006, @08:59PM (#17043528)
    Too young to buy a game, but old enough to join the army?
  • by Dr. Eggman (932300) on Wednesday November 29 2006, @09:03PM (#17043566)
    Wow, that's a confusing title, a ban on a law made permanent. At first I read it as the law banning [certain] video games was now perminent. Then, after I cleaned up after the spit-take, I read it as a permanent video game law [as in constitutional amendment] being banned. Took three tries to read it as a video game law being banned permanently.

    Did they pull that thing out of a software licence or am I just sleep deprived?
  • Title Misleading (Score:3, Interesting)

    by Anonymous Coward on Wednesday November 29 2006, @09:10PM (#17043630)
    Not only is the Slashdot article misleading, but so is the Ars Technica article!

    They make it sound like the ban was legit.
  • by dt_aybabtu (1028796) on Wednesday November 29 2006, @09:10PM (#17043632)
    Way to go for Louisiana yet again...why worry about protecting the state from flooding when you can "protect the kids" and pass bad legislation.
  • by Five Bucks! (769277) on Wednesday November 29 2006, @09:15PM (#17043688)
    Holy shit! What the fuck is that? Jesus...

    http://en.wikipedia.org/wiki/Miller_test [wikipedia.org]

  • Is anyone else tired of people attacking our freedom of speech and expression? I for one am glad the courts are still on our side. Separation of powers at work.
  • by edwardpickman (965122) on Wednesday November 29 2006, @09:22PM (#17043752)
    Vegitales and Barney do far more damage than violent video games. I've never been disturbed by any video game ever but Barney freaks they hell out of me. Could you imagine the damage Vegitales could do if the viewer happened to have just dropped acid? We just need to ban the right things. Overly religious vegitables and purple blob dinosaurs would be at the top of my list. Drunks used to see pink elephants. What do you have to take to see purple dinosaurs? These are dangerous people producing dangerous and disturbing products. They must be stopped!
  • by wolf_lord2002 (1033644) on Wednesday November 29 2006, @09:28PM (#17043778)
    Yet another attempt to stop young people from buying violent video games. And why? Because it is making them violent... What a load of garbage, GAMES are for entertainment purposes and granted some take them too seriously... like my Neverwinter Nights addiction. BUT the point is that you can't keep blaming violence in society on games, and if a child buys a game that their parents deem 'too violent' why don't the parents take it away from them?? There are too many violent influences, but in the end it is the responsibility of the individual to decide if they are going to shoot someone in real life or not. So, let's stop passing the buck and take responsibility for our own actions. Next thing we will hear is someone wanting control of games such as 'World Poker Tournament' because it MADE them have a gambling problem.
  • Super mirrors (Score:3, Informative)

    by marko123 (131635) on Wednesday November 29 2006, @09:40PM (#17043896) Homepage
    There looks like there could be a link between what we see on media and our actions, and the mirroring of the behaviour we see may not necessarily even be conscious. Tell me this effect would be lessened during the playing of an actual game. I want to believe it doesn't have an effect, but...

    (From edge.org, http://edge.org/q2006/q06_print.html [edge.org] )
    MARCO IACOBONI
    Neuroscientist; Director, Transcranial Magnetic Stimulation Lab, UCLA

    Media Violence Induces Imitative Violence: The Problem With Super Mirrors

    Media violence induces imitative violence. If true, this idea is dangerous for at least two main reasons. First, because its implications are highly relevant to the issue of freedom of speech. Second, because it suggests that our rational autonomy is much more limited than we like to think. This idea is especially dangerous now, because we have discovered a plausible neural mechanism that can explain why observing violence induces imitative violence. Moreover, the properties of this neural mechanism -- the human mirror neuron system -- suggest that imitative violence may not always be a consciously mediated process. The argument for protecting even harmful speech (intended in a broad sense, including movies and videogames) has typically been that the effects of speech are always under the mental intermediation of the listener/viewer. If there is a plausible neurobiological mechanism that suggests that such intermediate step can be by-passed, this argument is no longer valid.

    For more than 50 years behavioral data have suggested that media violence induces violent behavior in the observers. Meta-data show that the effect size of media violence is much larger than the effect size of calcium intake on bone mass, or of asbestos exposure to cancer. Still, the behavioral data have been criticized. How is that possible? Two main types of data have been invoked. Controlled laboratory experiments and correlational studies assessing types of media consumed and violent behavior. The lab data have been criticized on the account of not having enough ecological validity, whereas the correlational data have been criticized on the account that they have no explanatory power. Here, as a neuroscientist who is studying the human mirror neuron system and its relations to imitation, I want to focus on a recent neuroscience discovery that may explain why the strong imitative tendencies that humans have may lead them to imitative violence when exposed to media violence.

    Mirror neurons are cells located in the premotor cortex, the part of the brain relevant to the planning, selection and execution of actions. In the ventral sector of the premotor cortex there are cells that fire in relation to specific goal-related motor acts, such as grasping, holding, tearing, and bringing to the mouth. Surprisingly, a subset of these cells -- what we call mirror neurons -- also fire when we observe somebody else performing the same action. The behavior of these cells seems to suggest that the observer is looking at her/his own actions reflected by a mirror, while watching somebody else's actions. My group has also shown in several studies that human mirror neuron areas are critical to imitation. There is also evidence that the activation of this neural system is fairly automatic, thus suggesting that it may by-pass conscious mediation. Moreover, mirror neurons also code the intention associated with observed actions, even though there is not a one-to-one mapping between actions and intentions (I can grasp a cup because I want to drink or because I want to put it in the dishwasher). This suggests that this system can indeed code sequences of action (i.e., what happens after I grasp the cup), even though only one action in the sequence has been observed.

    Some years ago, when we still were a very small group of neuroscientists studying mirror neurons and we were just starting investigating the role of mirror neurons in intention understanding, we discussed the possi
    • Re:Super mirrors (Score:5, Insightful)

      by Yartrebo (690383) on Wednesday November 29 2006, @11:20PM (#17044754)
      Why is it always assumed that adults are somehow immune to the effects of violent games/TV/movies while kids will be horribly warped by it?

      Personally, I feel that there is some truth to the nasty media -> bad effects meme, but it effects adults too, and the type of content is far more important than rough metrics like violent scenes per hour.

      My gut feeling is that verbal violence (which usually does not involve curse words) and displays of disrespect have a far greater impact on people. It's both far more prevalent and much easier to imitate/believe than physical violence. "Saved by the Bell" is quite likely to bend many teenagers' beliefs towards conformity (more rigid gender roles, more focus on social rank, etc.). "Pokemon" has bent many kids towards materialist/consumerist views. "Star Trek: The Next Generation", despite showing people die and other forms of violence, is unlikely to engender either pro-violence/pro-militarist or antisocial behavior. Even "Power Rangers" probably has fairly muted effects since it's pretty devoid of any real substance.
  • by jimhill (7277) on Wednesday November 29 2006, @09:42PM (#17043918) Homepage
    I don't play video games but I'd say a convincing argument can be made that playing violent games doesn't turn people into violent offenders. Namely, that none of these people has mowed down ol' Jack with a bazooka or GTO.
  • by Beefysworld (1005767) on Wednesday November 29 2006, @09:44PM (#17043944)
    Ok, I'm one of the many anti-Jack Thompson people around... I can't stand the way in which he is going about his 'crusade' against video games. However, is enforcing game classifications in regards to selling to minors such a bad thing? Seeing as many people (read: parents) don't seem to have much control or responsibility over what their kids are buying / doing, perhaps it's time that the retail sector did enforce these things.

    Here in Australia, kids are asked for identification when they are purchasing alcohol or cigarettes, or when they go to an MA15+ or R18+ rated movie... why not carry that over to games? If a parent is happy for a kid to have the game, then they can go and buy it for them.
    • It might be, if games were rated well. As it is now, a videogame with content that would -barely- make a movie PG13, gets a flat M rating. I mean come on, Prince of Persia: Two Thrones is M. Thats rediculous.
  • Or does anyone else here want to stalk Jack Thompson and everytime you see him whip out some violent video game and play it until he leaves? better yet.. bring along my 5 year old and call of duty 2 hehe.
  • I'd love to be able to write an opinion to a few papers in the state, reminding everyone to thank our legislature for the unanimous (wasn't it?) approval of this clear violation of the Constitution that will cost the state to spend money when we can least afford frivolous expenditures, and mocking the "Think of the children!" crowd.
  • by Peyna (14792) on Wednesday November 29 2006, @10:08PM (#17044160) Homepage
    Permanent injunction does not mean "forever." It is simply an injunction granted after a complete hearing on the merits, as opposed to a preliminary injunction, which is granted before a trial if you show a "reasonable likelihood of success" and other things, like irreparable harm.

  • Make love, not war (Score:5, Interesting)

    by swell (195815) <jabberwockNO@SPAMpoetic.com> on Wednesday November 29 2006, @10:09PM (#17044170)
    Am I the only one who thinks it odd that children can enjoy all the murder and mayhem that the entertainment industry can dump on them, but god forbid they should see a bare breast!

    Is this part of a military conspiracy that wants them for cannon fodder, and fears that a healthy sex drive might make children avoid the latest Republican adventures overseas?
  • by fuego451 (958976) on Wednesday November 29 2006, @10:38PM (#17044436) Journal

    Cnn's Dr. Sanjay Gupta has a blog [cnn.com] entry on a new study done by the American Academy of Pediatrics which says there is a correlation between violent video games and violent behavior.

    From the article:

    Now, for the first time, a study has probed deep in the brain to figure out what is really happening when teenagers play these violent video games. Researchers found that teenagers who played particularly violent video games showed more activation in an area of the brain called the amygdala. This is an area responsible for conflict response and emotional arousal.

    Unfortunately the post is pretty short on details and there are no links to the study. Interesting too that Dr. Gupta'a post was referring to 'children' but the tests were done on teenagers. I don't equate teenagers with children.

    • by aussie_a (778472) on Wednesday November 29 2006, @11:55PM (#17045108) Journal
      Cnn's Dr. Sanjay Gupta has a blog entry on a new study done by the American Academy of Pediatrics which says there is a correlation between violent video games and violent behavior.
      Of course there is. Violent people like to play violent video games. That doesn't mean a violent video game will make someone violent, they're violent before they play the video game.
    • by LostCluster (625375) * on Wednesday November 29 2006, @09:00PM (#17043540) Homepage
      For our international readers, no the USA has no enforcement of the ESRB ratings system. Some stores on their own have an ID checking policy, and some stores that market to kids just altogether refuse to sell M-rated or AO-rated games, but there is no uniform standard.
    • by pluther (647209) <pluther.usa@net> on Wednesday November 29 2006, @09:06PM (#17043588) Homepage
      ...but isn't there already a system that makes it so that minors can't play some games?

      Yes. Here in the United States, parents have say over their children's disposable income, and are able to veto what they spend it on. Furthermore, they can limit their children's access to the television and to the gaming system, and have to power to check to see what games their kids are playing and to take it away, or even punish the child in other ways if they're playing a game that the parent doesn't approve of.

      Heehee. I'm kidding, of course. No, there's no system.

      • Man was I glad you added that last paragraph. I was on my way to the phone to make a child abuse complaint to child protective services in your area.....
    • ...but isn't there already a system that makes it so that minors can't play some games? I'm not sure how it's in the US but the eruopean PEGI system works just fine here.


      yes, except here we call it parenting [wikipedia.org]. unfortunately, that system doesn't seem to work too well. or at least, its awfully inconvenient.
    • Scapegoats? (Score:5, Insightful)

      by vivin (671928) <vivin.paliath@gmai l . com> on Wednesday November 29 2006, @09:57PM (#17044060) Homepage Journal
      Causative Link? Bullshit!

      People want to find a damn scapegoat for everything. First it was "Violence on TV", then there's "Heavy Metal Music"! Oh my god! Will someone please think of the children! Seriously... you can get more violence in some religious texts than on TV, or Music. Computer Games, TV, or Music don't make people want to commit violence. This was used as an excuse for Columbine.

      The fact is that we can owe it to either bad parenting, or maybe a more obvious fact. Homo sapiens is a territorial, aggressive, war-like species. For all our intelligence, we still like to beat the crap out of each other. This is obvious perhaps in more individuals than others.

      So stop trying to find things to blame. Making laws are not going to make us less violent.
      • by Courageous (228506) on Wednesday November 29 2006, @11:39PM (#17044948)
        .. you can get more violence in some religious texts than on TV, ...
        -------------------

        I've never heard of a TV show that actually makes rape sound like a good thing. And yes, the bible does do that.

        C//
      • Re:Scapegoats? (Score:5, Interesting)

        by alphafoo (319930) <loren@boxbe.com> on Thursday November 30 2006, @12:34AM (#17045440) Homepage
        I never put much faith in the idea that voilent video games help make kids into killers until I read Lt. Col. Dave Grossman's book On Killing, which discusses in a systematic and well-referenced manner exactly what the armed forces have done since the Civil War to increase the firing rate of their infantrymen.

        Firing rate? Contrary to what you may think of the typical Civil War battlefield, most soldiers did not fire their weapons. On a big field running with blood, cannons booming and everyone screaming, most soldiers would not fire a single shot. Battles would end with literally thousands upon thousands of loaded muskets on the ground. Fast forward to WWII, where we have the image of brave American soliders firing automatic weapons under terrible conditions. The nonfiring rate among infantrymen was 80-85%. Further, only 1% of airmen accounted for over 40% of all downed enemy aircraft. Most pilots did not shoot anyone down or even try to.

        The Army decided to look into this. What they found out is that people generally don't want to kill anybody, and would often rather die themselves, even in battle when they are scared to death, than shoot someone. Not that the soldiers were cowards. On the contrary, the same soldiers that would not fire a shot would repeatedly take terrible risks to rescue a wounded comrad. But the Army wanted them to pull the trigger and hit something, and they figured out how. The only way someone that scared would be able to do anything in that situation is if they had been subject to operant conditioning. They would need to program the soldier's midbrain to fire the weapon, since the forebrain is no longer in use under that much stress. They began to make training as realistic as possible in terms of exposure to violence, and make the thought/action of killing part of a soldier's reflex, so that when the bullets started flying, the American soldier would respond.

        It worked. During Korea the nonfiring rate among infantrymen dropped to 45%, and by Vietnam it was an amazing 5-10%, meaning that nearly every infantryman fired his weapon. The American infantryman had become a killer on the battlefield, and only later did the Army realize that fully 98% of soldiers who experience close combat and pull the trigger would be psychiatric casualties. The 2% that weren't mentally crippled are people who, outside the military, would be locked up.

        The author makes an excellent study of how this sort of operant conditioning for violence exists outside the military, in movies and video games. Before you knee-jerk and say that violent video games have no impact on the children who play them hours and hours a day, and who then go watch violent movies and television on top of that, you should check out this book. It's hard to dismiss the data out of hand.

        And as for religious texts such as the Bible or the Qur'an, the violence preached in them does condition people to behave violently, if these people read the words over and over and internalize them as fundamental truths. This is just what video games might be doing according to this author.
        • Re:Scapegoats? (Score:5, Insightful)

          by Anonymous Coward on Thursday November 30 2006, @01:42AM (#17045858)
          But none of that relates to people being violent.

          Video games, movies, martial arts, and the military have made me a well oiled machine and a very efficient killer, but the cold hard fact is that my psychological profile gives me a 2(50 being normal) on my violent indicator score.

          It isn't possible for someone to have had a longer experience to violent first person shooters than me besides people that actually work at ID software testing the original wolfenstein.

          Working in a team to efficient kill was trained in me over 2400 baud modems in Cyberstrike on GEnie.

          If video games and the military make people violent why am I not violent? Why have I never hurt anyone since the 4th grade? When I was 6 I bit a kid that tried to take my ball.. When I was 9 I was attacked by 2 bullies on the bus who were 2 grades above me and I fought them off but didn't chase when they ran.. Since then I have managed to defend myself from every other engagement with another human without causing them any harm whatsoever. People that have attacked me have been injured, but its usually from breaking their fist trying to punch me in the back of the head or missing me and hitting a wall.

          The Army is my job, sometimes we engage and fire on the enemy.. but it isn't like my blood is pulsing and i'm out of control. Your average football player is more psyched up and out of control than the men in my platoon. It is just a job and we are good at it, we don't go around smashing heads because we like to or even want to.. Calm and control is something the video game generation exhibit better than the generations before.

          When you are calm and in control you are able to think and use your frontal lobes when faced with a possibly violent situation, you know the harm you can cause by pulling the trigger or stabbing with a knife. You know the person has families and people that care about them, untrained killers don't have time to think about this because they are under control of primitive fight or flight instincts.

          I think people like Jack Thompson and their views are more responsible for violence than anything else. When someone does something violent, Mr Thompson doesn't blame them for their actions and would instead blame TV, rap, rock, video games, or even Satan or something silly. People need to be taught cause and effect and understand consequence for their actions. If you kill someone they die and you go to jail, is it worth whatever reason you wanted to kill them for.. when you THINK about it the answer is almost always no.
      • Whether or not they do I believe is unimportant. Is there a law forcing EB or games wizards to enforce the ratings?
    • Re:So... (Score:5, Informative)

      by aaza (635147) on Wednesday November 29 2006, @09:17PM (#17043700)
      drink when they go to war (18), etc

      Back when Australia had a war-draft, and the drinking age was 21, a number of people complained. The complaint was that young men could be asked by their country to go to a different country, and be shot at, yet when they got home, they couldn't go and have a beer with their mates. The proposition was to raise the draft age to 21, or lower the drinking age to 18.

      Young men in Australia have been drinking in pubs from age 18 for a good long while now...

      • Re:So... (Score:4, Funny)

        by eyeball (17206) on Wednesday November 29 2006, @10:31PM (#17044378) Homepage Journal
        Back when Australia had a war-draft, and the drinking age was 21, a number of people complained. The complaint was that young men could be asked by their country to go to a different country, and be shot at, yet when they got home, they couldn't go and have a beer with their mates. The proposition was to raise the draft age to 21, or lower the drinking age to 18.

        Young men in Australia have been drinking in pubs from age 18 for a good long while now...


        So Fosters won the war I take it?