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News - Oklahoma game bill becomes law

Posted by Ash Paulsen at 11:10:49 AM EST on 6.12.2006.

Democratic Oklahoma Governor Brad Henry signed a new violent video game-related bill into law yesterday.

Making a statement regarding the bill, Henry spoke out against violence in games that he said had grown "to epic proportions." He continued, "While parents have the ultimate responsibility for what their children do and see, this legislation is another tool to ensure that our young people are not saturated in violence. This gives parents the power to more closely regulate which games their children play."

Previously, the only content defined by the state of Oklahoma to be harmful to minors involved sex or sadomasochistic abuse. However, this new law, "HB3004," revises the state's definition of what exactly is harmful to minors to include games with "inappropriate violence."

So how exactly does HB3004 define "inappropriate violence?" A game is depicted to fall under such a category if, taken as a whole, it is deemed to have the following characteristics:

a. the average person eighteen (18) years of age or older applying contemporary community standards would find that the interactive video game or computer software is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors, and
b. the interactive video game or computer software lacks serious literary, scientific, medical, artistic, or political value for minors based on, but not limited to, the following criteria:
(1) is glamorized or gratuitous,
(2) is graphic violence used to shock or stimulate,
(3) is graphic violence that is not contextually relevant to the material,
(4) is so pervasive that it serves as the thread holding the plot of the material together,
(5) trivializes the serious nature of realistic violence,
(6) does not demonstrate the consequences or effects of realistic violence,
(7) uses brutal weapons designed to inflict the maximum amount of pain and damage,
(8) endorses or glorifies torture or excessive weaponry, or
(9) depicts lead characters who resort to violence freely"


But wait, there's more. Though the definition of "inappropriate violence" specifies that it must take place in the actual game, the new "harmful to minors" designation further specifies "any description, exhibition, presentation or representation, in whatever form, of inappropriate violence." Pay particular attention to the "in whatever form" bit: increduously, this means that anything from video footage showing violent content in a game to a review of said game would be considered as harmful to minors, at least according to a lawyer the news source, GameSpot, consulted about the matter.

For what it's worth, the bill's co-author, Republican Representative Fred Morgan, commented to GameSpot several weeks ago that he did not agree with that particular interpretation of the bill.

For now, the law is slated to go into effect on November 1. However, though no statements have been yet made, it is very likely that the Entertainment Software Association will file suit against this law before then, as it has done in the past in similar cases regarding the passing of violent video game laws in other states.

Source: GameSpot

Comments

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pixy misao 6.14.2006 at 05:18:55 PM
The legal entanglements alone of defining what is inappropriate or offensive will cost tax payers hundreds of thousands of dollars in endless court cases. The fact that other media such as movies music television and radio isn't included in the bill is no more than an insult to human intelligence. This is nothing more than an attack on a money-making stronghold in an attempt to share in the profits.
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visual77 6.14.2006 at 03:15:53 PM
Jack Thompson, who was supported by both Clinton and Liebermen before he went off the deep end, did indeed say the only solution to the video game question was to ban all of them.

Merriam-Webster defines fascism as "a political philosophy, movement, or regime (as that of the Fascisti) that exalts nation and often race above the individual and that stands for a centralized autocratic government headed by a dictatorial leader, severe economic and social regimentation, and forcible suppression of opposition"

I think banning video games would fall under the "severe ... social regimentation" part of that definition. So while they aren't covering 100% of fascist views, they are attempt to take a step that is a part of fascism.
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nekofrog 6.14.2006 at 02:21:47 PM
But what I said IS true.

They WANT to ban videogames. That, in and of itself (and their actions to ban albums and music) = fascism.

I'm not slandering.
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cainkid 6.14.2006 at 02:04:36 PM
crap, double post.

anyway. ban-happy retards? Facism?

it's all about the words used neko. I don't belong to a party, but that doesn't mean that you can show alittle more respect to people.

or maybe you actually can't... hmmm
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cainkid 6.14.2006 at 02:02:32 PM
never said you did
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nekofrog 6.14.2006 at 01:13:09 PM
Democrat hate?

I'm sorry that they pretty much fall inline against videogames, because that is the subject.

You will notice I did not stray outside of the subject of videogames.
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cainkid 6.14.2006 at 01:08:34 PM
lol, a full minute of democrat hate just to tell us not to vote down party lines.
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nekofrog 6.14.2006 at 12:13:40 PM
Hey, guess what.

Anyone who has or plans on voting democrat, this is YOUR fault.

Guess who the major proponents of banning video games are? Democrats. Senators Hillary Clinton and Joseph Lieberman are the most well-known amongst the horde of left-wing videogame hating ban-happy retards.

They've been leading a campaign against videogames since the early 90s, alongside their campaign against music.

They wish to employ fascism so that videogames aren't just "regulated", but in many instances outright banned and unable to be distributed in the US.

But is this exclusive to Democrats? Of course not. However, it is far more prevalent, as they attempt to become the party of "moral values" (I laugh at that).

In summation. Don't vote democrat.

Please don't vote republican, either.

Do not vote down party lines. Weigh and decide each issue and each candidate, and decide what YOU think is best for you. Because if you decide wrong, soon THEY will be deciding what is best for you.

This has been a public service announcement from Nekofrog. You may return to your regularly scheduled GAF.
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cainkid 6.14.2006 at 11:31:01 AM
Super long post points go to racebannon!

good points race, all that should be stressed.

I don't think many people here would argue with the fact that children should be able to play super violent psycho killer games, many people just take issue with the game industry being the only one so hated.

Video games are becoming the new banned books. People figure they can just black list violent games, and no one will care, and then all violence can STILL be blamed on naughty children that somehow still got ahold of them. But the community can say their doing all they can by hiding them.

I'd be fine with super strict rules about M rated and T rated games being restricted if all forms of media was under the same system. Either let them all regulate themselves, or let the government regulate them all (regardless of how horrible that seems)
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racebannon 6.13.2006 at 03:03:39 PM
Finally, someone has some common sense. Good job maydan.

The video game industry needs more people like maydan. Not because we need support for laws like this, but because we need people we common sense. Kids (as in KIDS) shouldn't be playing games where you take the "persona of a serial killer or gangster or whatever." After four months of research on whether video games effect kids, I have found that video games DO in fact effect at least some kids to become violent or awaken violence already present and act on it. The function in video games that causes children to become violent is desensitization as modeled by Lt. Col. Dave Grossman, an expert on the psychology of killing. The 4 main methods of desensitization are brutalization, classical conditioning, operant conditioning, and role modeling . YET, children do NOT become violent strictly due to video games. Many other factors play into violent youth. And when I say many, I mean MANY. Such as: Past experience, home life, depression, anger, resentment, acceptance, abuse in the home, money issues, insecurity, phobias, and anxieties, just to name a few.

But we can't turn a blind eye to either direction. We can't say "Oh it's ok for kids to interact with serial killers and witness brutal killings in video games" (Which, by the way, children 8 years and younger cannot distinguish reality from fantasy). Then again, we can't say "Kids cannot buy, be around, or play violent video games ever because they will all turn into mass murderers."

We, as the video game industry, must find a way to balance. Strict laws show no signs of balance. Free reign shows no signs of balance. The ESRB is our chance to keep that balance, but they do a s***ty job, in my and every crazy polititian's opinion.

It is ultimately the parents responsibility, but alot of the time, they don't know ANYTHING, regardless of being told, shown, and damn near yelled at by the ESRB and GameStop employees. So they really can't be blamed. They are sucked in by nagging and wanting to please their children. Parents are victims too (read "Born to Buy").

So... Who's to blame? Who can we point the finger at? Because thats exactly what we all want. We all want to find the "villian." So who is the villian? Personally, I think it's me. And you. And all of us, from Jack Thompson to Leeroy Jenkins.

So... now what? What do we do?

We must have some kind of enforcement so all of our children don't get sucked into buying the most extreme M rated games just so that some game company can grease its palms. But also we must have the freedom to choose, explore, excite, shock, push boundaries, and to generally have fun. We, as a community, must find that balance before some ignorant polititian nails it down one way or the other.
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zepyulos 6.13.2006 at 02:51:22 PM
I've long been against games endorsing excessive weaponry! If you asked me, we should all go back to the innocent days of the bow and arrow and wooden baseball bat. I mean, sure aluminum bats are more durable but do we really need to go to such lengths to deliver a fatal beating? Maybe we could use a plain old rock -- nature's choice -- or if we can summon up some old-fashioned gumption our bare fists may be able to get the job done. Do it for the children!
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visual77 6.13.2006 at 11:14:50 AM
Actually, I'm pretty sure alcohol sales to minors is prohibited by law, not the alcohol industry.
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sirusd 6.13.2006 at 05:54:57 AM
Like alcohol and every other minor-prohibited substance, the enforcement of the law to prevent minors from purchasing should fall upon the industry selling the games. That is the only way this will ever work.
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maydan 6.12.2006 at 11:07:51 PM
Didn't read what the law actually does but I personally think it's a good idea to keep minors from purchasing violent games where you can assume the persona of a serial killer or gangster or whatever. I honestly don't think kids should play those kinds of games especially with graphics getting better and more realistic.
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bloodix 6.12.2006 at 08:30:09 PM
It won't be to long till the ESA brings this law to court and gets it revoked. The ESA has arleady made it known it opposes this law.

Chaos-Realms.com
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j.esco 6.12.2006 at 06:15:22 PM
Oklahoma is kinda weird. Politically, people are split 50/50 red and blue on matters where the government should be involved, but almost everyone is extremely socially conservative.

Within the bible belt, Oklahoma is the bible buckle.

If put to an Athenean democracy vote, it would probably still have passed.

We couldn't even get tattoos until about 3 weeks ago, and it is illegal to sell any non-softcore porn as well. That should give you a pretty good idea of how people feel in Oklahoma.
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joesteele 6.12.2006 at 04:54:33 PM
*scarier question for j.esco*

Do people actually believe this stuff down there? I mean, politicians will always try to pander to extremism in order to get votes or to get attention (and thus, potential votes), but do normal people actually think this is a good idea?
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visual77 6.12.2006 at 04:52:39 PM
j.esco, if what you say is true(which I've no reason to believe it isn't), then the ESA will likely win the lawsuit, this will get struck down as violated the 1st Amendment, and in the long run little harm will be done. Your friend, and others, may still be out of a job during this time though.
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j.esco 6.12.2006 at 04:26:27 PM
I'm from Oklahoma, and the actualy ramifications of this bill are even worse.

Now a store that sells mature rated games must require people entering the store to be 18 years old or be accompanied by a legal parent or guardian, and you have to be 18 to work there.

You now have to be 18 to buy M rated games in Oklahoma, as opposed to 17, and you also must be 18 to sell them. Furthermore, 75% of the covers of M rated games have to be covered up.

For the record, these are the same restrictions put on pornography, which should give you some idea of the social climate here in Oklahoma.

It really pisses me off because due to that little "Must be 18 to sell" thing, my friend is losing his job, and I can only assume others are going to as well.

Thanks, Games are Porn Act.
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adumbpolock 6.12.2006 at 02:41:26 PM
lacks serious literary, *scientific*, medical, artistic, or political value

so i guess there will be no scientology game. =)

I dont understand why the game industry isnt treated like the film industry and self regulated. Every up and coming polotician seems to need a couse to fight against and games must be an easy target. Although there will always be people against games i think (at least i hope) this silly cencership of games will fade as our generation comes into high positions in the legal system.
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bounchfx 6.12.2006 at 02:34:40 PM
(7) uses brutal weapons designed to [b]inflict[/b] the [b]maximum[/b] amount of pain and [b]damage[/b],

Uh oh, anyone catch this? I guess sony IS done.

haah-cha cha ch cha

I'm surprised they didn't forbid real time weapon change
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onizuka sensei 6.12.2006 at 01:58:18 PM
What can I say. This bill is stupid though their intentions are just, they clearly don't understand that in order to do this to games effectively, you'd have to place the same kind of crap on all other creative media.

Let me give you an example of confusion that may come. Say there's a new game based on the upcoming TMNT CG flick, just how do you sell the game next to the books, dvd, comics and films.

I can for once say I'm glad I live in England.
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sirdragoon 6.12.2006 at 01:21:00 PM
Pee Shooters are OK! But only if you say you're serious about using it and you tell the future victim that it will only hurt a little!
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darcman0 6.12.2006 at 12:14:49 PM
Can't these politicians stop being PARENTS and make laws that actually matter?
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nickolai 6.12.2006 at 11:55:42 AM
...what is appropriate violence? Kill Zarquawi, that's what.
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joesteele 6.12.2006 at 11:54:13 AM
Ya know, the Wisconsin bill doesn't seem that bad anymore....at least that one honored the ESRB's rating system.

This bill just makes up it's own system, and they might as well just create a new state organization to mark games as acceptable, b/c the federal gov't and the ESRB sure as hell ain't gonna follow these rules.

Of the "9 points" the one I find the funniest is point 1. It looks like it's worded wrong. The game can't be "glamorized"? It mentions nothing about violence in the previous paragraph and goes straight into being "glamorized", doesn't every game try to glamorize what it's about? Doesn't a Tiger Woods game glamorize golf? Doesn't a game with Dora the Explorer in it glamorize...well...Dora the Explorer? By this logic, every video game qualifies under this, especially if they have no "artistic, scientific, or political value" (like 95% of the movies out of hollywood have any of that anyway)

btw, does it mention a penalty for breaking this law anywhere?
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visual77 6.12.2006 at 11:28:30 AM
If a game only has to fall into one of those 9 catagorizes to be affected, that would cover nearly every game made with a thread of violence. If it's graphic and realistic, it's hit by either 2, 3, 4, 7, 8 or 9, if it's stylized and cartoony(such as Ratchet and Clank), it's affected by 5. By this logic, some games rated T are considered harmful to minors because they trivialize the serious nature of realistic violence.
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drakken 6.12.2006 at 11:20:49 AM
The problem with this is that it's objective. What exactly are "contemporary community standards?"

I have a hard time believing that non-specific bills like this one will work. As silly as it might sound, they'd need to go into explicit detail about the kind of violence being shown. Otherwise, we'll have some people saying it's offensive and others saying it's not.

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