Indie Gaming Doomed: H.R. 287

[AlpsStranger]

[Congressional Bills 113th Congress]
[From the U.S. Government Printing Office]
[H.R. 287 Introduced in House (IH)]

113th CONGRESS
1st Session
H. R. 287

To require ratings label on video games and to prohibit the sales and
rentals of adult-rated video games to minors.


_______________________________________________________________________


IN THE HOUSE OF REPRESENTATIVES

January 15, 2013

Mr. Matheson introduced the following bill; which was referred to the
Committee on Energy and Commerce

_______________________________________________________________________

A BILL



To require ratings label on video games and to prohibit the sales and
rentals of adult-rated video games to minors.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Video Games Ratings Enforcement
Act''.

SEC. 2. RATING LABEL REQUIREMENT FOR VIDEO GAMES.

(a) Conduct Prohibited.--It shall be unlawful for any person to
ship or otherwise distribute in interstate commerce, or to sell or
rent, a video game that does not contain a rating label, in a clear and
conspicuous location on the outside packaging of the video game,
containing an age-based content rating determined by the Entertainment
Software Ratings Board.
(b) Requirement of Retailers To Post Ratings Information.--Not
later than 180 days after the date of the enactment of this Act, the
Federal Trade Commission shall promulgate rules requiring all retail
establishments engaged in the sale of video games to display, in a
clear and conspicuous location, information about the content rating
system of the Entertainment Software Ratings Board. Such rules shall
prescribe the information required to be displayed concerning the basic
age-based content ratings of such Board.

SEC. 3. PROHIBITION ON SALES AND RENTALS OF ADULT-RATED VIDEO GAMES TO
MINORS.

It shall be unlawful for any person to sell or rent, or attempt to
sell or rent--
(1) any video game containing a content rating of ``Adults
Only'' (as determined by the Entertainment Software Ratings
Board) to any person under the age of 18; or
(2) any video game containing a content rating of
``Mature'' (as determined by such Board) to any person under
the age of 17.

SEC. 4. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.

(a) Unfair or Deceptive Act or Practice.--A violation of sections 2
or 3 shall be treated as a violation of a rule defining an unfair or
deceptive act or practice prescribed under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The Federal
Trade Commission shall enforce this Act in the same manner, by the same
means, and with the same jurisdiction as though all applicable terms
and provisions of the Federal Trade Commission Act were incorporated
into and made a part of this Act.
(b) Penalty.--Notwithstanding section 5(m) of the Federal Trade
Commission Act (15 U.S.C. 45(m)), any person who violates section 2 or
3 of this Act shall be subject to a civil penalty of not more than
$5,000 per violation.

If the Democrats let this pass I'm finished with them. For life. No forgiveness.

 

[emzie]

Didn't the last version of this get struck down by SCOTUS?

 

[AlpsStranger]

Probably, but if this one even makes it to court I'm done with the lousy Democrats.

 

[Phrossack]

I thought everything proposed here was already true. I remember having to show ID to get M-rated games, and I've never seen a game without a rating.

 

[aimeeandbeatles]

I thought that the entire thing is voluntary and that its the stores prerogative to ask for IDs

Though i maybe wrong

 

[CaptainF]

I can hear the soccer moms shrieking with joy as they read and enjoy all the sex and violence in "50 Shades of Grey".

 

[AlpsStranger]

I can hear the soccer moms shrieking with joy as they read and enjoy all the sex and violence in "50 Shades of Grey".

That's exactly what I hear.

Or the stereotypical neutered man/******** combo couple tittering with delight as they expressly go Christmas shopping for only "educational" toys for their future deranged serial killer/germaphobe combo child.

 

[hobbsyoyo]

How does this doom indie gaming?

Why are restrictions on movies tolerable when restrictions on video games aren't?

 

[AlpsStranger]

How does this doom indie gaming?

Because ESRB rating fees are pretty steep for a 3-man team making games for a mobile phone? The ESRB won't have any reason to relax those fees, either. My own nephew earned a cool $500 banging out an HTML 5 game for mobile devices with a friend. That kind of stuff will be completely wiped out if this passes because the project is too small for the ESRB fee to be worth it.

"Backdoor" gaming will be completely shut down. There will be legal questions around modding. Desura may as well just shut down because 99.99% of their developers can't afford a rating.

So, in summary:

1) No more small indies.
2) No more Desura or Steam Greenlight.
3) Newgrounds and sites like it will technically be illegal outright, or each flash author who makes a flash with any interactivity will have to pay a fee to have the ESRB examine it.
4) New mods on this very site could, potentially, come under scrutiny for content and have to be looked at by the ESRB.

This is why legislators actually have to know what they're doing instead of just tossing stuff at the wall that "sounds good."

Why are restrictions on movies tolerable when restrictions on video games aren't?

Video games are too complicated to be regulated. They're either going to be regulated to a stump or not at all. Any grey area is an illusion of good intentions and not a reality.

Movies are simple enough that traditional censorship is at least possible, though I honestly don't approve of it for movies either.

Look up "Sporn" on google and tell me how you think a phenomenon like that would collide with these blundering government regulators.

 

[Crezth]

Hahaha. God forbid someone say I can't own an 88 Flak kanon, but video games? Better stop those from getting around.

 

[aimeeandbeatles]

Id also love to know how you put a rating on the outside packaging of a game that does not sold retailly

 

[AlpsStranger]

Id also love to know how you put a rating on the outside packaging of a game that does not sold retailly

By forcing it to be sold physically. Duh. All of that digital distribution is clearly sneaky anyhow, right? They're obviously hiding something. Maybe they're terrorists

It's okay, though. The oft-maligned ACLU will be our best defense in this case.

The Democrats had better snap out of this. I'm seriously considering giving them the finger the next time they expect my vote, and I live in Ohio so that's a threat I can back up with meaning.

 

[sophie]

Why are restrictions on movies tolerable when restrictions on video games aren't?

Because the MPAA ratings system isn't really all that tolerable at all?

 

[AlpsStranger]

I talked four people I knew who were going to stay home into voting for Obama this time. I actually talked a fifth person who had voted for McCain last time from Romney all the way to Obama. People may just point and laugh at these impotent little violent video game fans that "can't do nuthin' about it" but they are wrong. My close friends and I are already fairly annoyed by this.

I would advise a political party that gets by on a lot of goodwill from a lot of us "dumb little gamers" to seriously consider the ripple effect of us demonizing them relentlessly in our peer groups. I know several dozen avid gamers in Ohio and the vast majority of us are solid Democrats. I can expose what they are doing and work diligently on changing that. Can I swing an entire election by myself? Of course not. But I can do whatever damage I can manage, and I'm surely not the only one.

And, yes, spite is a superb motivator for me. It's a flaw of mine

 

[hobbsyoyo]

Because ESRB rating fees are pretty steep for a 3-man team making games for a mobile phone?

The ESRB is an industry self-regulating entity. It has nothing to do with the government or government regulations AFAIK.

There is a law that mandates that all regulations be reviewed before they go into effect for industry impact. Something like massive ESRB rating fees, if they attempted to make them the law of the land instead of a voluntary industry self regulating act, would go away or be massively reduced because if made law, they'd kill off a segment of the industry.

Our regulators are not evil, business-hating hacks. They also do not rate games.

Video games are too complicated to be regulated. They're either going to be regulated to a stump or not at all. Any grey area is an illusion of good intentions and not a reality.

Movies are simple enough that traditional censorship is at least possible, though I honestly don't approve of it for movies either.

Look up "Sporn" on google and tell me how you think a phenomenon like that would collide with these blundering government regulators.

I don't see that games are really so complicated that they couldn't be regulated in a manner that protects children. I'm not even sure things like Sporn or regulation of in-game chat (to eliminate, say, hate speech or cursing) are even constitutional as they are individual acts of self expression and in many cases the video game company doesn't have much control over that.

And in both those cases, ratings do not apply and the rating labels say as much up-front with, 'online content not rated' or whatever. There's not much to be done about that and I don't think any regulator, even if so empowered, could stop it short of killing products wholesale to stop a single feature or interaction, which they will not likely do. Again, our regulators are not malicious.

 

[aimeeandbeatles]

It's okay, though. The oft-maligned ACLU will be our best defense in this case.

These guys too
https://www.eff.org/

 

[AlpsStranger]

I don't trust them on this one. This is a scapegoating show Hobbs. If this were to have come about spontaneously and not as a result of Sandy Hook ambulance chasing I might be more open to compromise.

Under these circumstances I'm not giving them a millimeter. No regulation.

Our regulators are not evil, business-hating hacks. They also do not rate games.

They are also looking for a cheap kill to say they "did something" about Sandy Hook.

This will end badly if it sticks, mark my words. You still haven't addressed the issues with mods or games like http://www.chivalrythegame.com/ here. It has no ESRB rating and is a very small engine mod sold as a game. PC gaming would be hurt most of all since a low entry barrier is its biggest structural advantage over consoles.

There are vast consequences to this legislation that you are just glossing over. Just like the congressdolt who penned this screed. In your case I forgive you because you're just a poster on Civfanatics, but for him there is no excuse.

 

[hobbsyoyo]

Well it's certainly your hot button issue, I'll grant you that.

You come for my rockets and I'd be all over it.

 

[AlpsStranger]

Ah model rockets? Neat.

 

[Kaitzilla]

... Again, our regulators are not malicious.

Really liked your post.

I'd say the ratings agency for games doesn't seem to be all that bad.


Some regulators though, well, depends on your definition of malicious.
http://www.forbes.com/sites/christo...-touted-crucifying-oil-companies-he-tried-it/