Ted Price, President of Insomniac Games, best known for the Ratchet & Clank series, has filed a legal brief in support of the Entertainment Software Association's (ESA) lawsuit to overturn Louisiana's new videogame law on constitutional grounds.
As reported last week, Judge James Brady temporarily blocked implementation of the law which seeks to criminalize the sale of violent video games to minors. Price has submitted an impassioned, 21-page document arguing that games are as much a means of expression as books, movies and music.
Among his criticisms is the ambiguous language used by the law to describe violence in games. An excerpt from the brief reads: "...'violence' is an incredibly broad term... Does the 'violence' referenced in the Act include... a boxing game, a football game, a World War II game, a game featuring contact between cartoon characters...? Game creators (are) given the impossible task of guessing the intent of the Act's creators."
He adds that the law's explanation as to what is harmful to minors, that which is "patently offensive to prevailing standards," is quite subjective. For instance, one criteria the law looks for is whether or not a game "appeals to a minor's morbid interest in violence."
Price notes the Ratchet and Clank series, rated T for teen, as an example of a game that might be unduly criminalized under the new law.
"From my perspective as a game designer, with this Act in place I would feel very uncomfortable about including even cartoon violence in our games… The main characters in Ratchet and Clank are not human and resemble cartoon characters. These characters 'kill' each other, are 'killed' by the main character and occasionally 'dismembered' in comedic ways. Even though…I may think that the cartoon violence in this game does not 'appeal to a minor's morbid interest in violence,' a retailer fearing possible fines, imprisonment and/or hard labor for interpreting the content differently than a 'trier of fact' may refuse to sell this game to minors. As a result this Act could have an adverse effect on our business and severely constrain our designers' artistic freedom and ability to express themselves in our games."
The ESA's lawsuit against Louisiana is scheduled to resume this Friday.
Daemon Hatfield
June 26, 2006
Source:
IGN