The US gaming advocate, the Entertainment Software Association (ESA) has filed a motion with a Californian court to get back the $324,840 (£160k) in legal fees, "it took to overturn the fundamentally flawed law" and it wants to cash back from the State of California and its glorious leader, Mr Arnold Schwartzenegger.
The lawsuit has been filed with the Honorable Ronald M. Whyte of the Northern District of California, and according to the ESA, it is "seeking to be reimbursed for the attorneys fees and expenses it incurred as a result of its successful challenge to California’s
unconstitutional video game law. If granted, the industry, which has prevailed in eight other jurisdictions against similar unconstitutional laws, will have been awarded close to $1.9 million in fees and expenses for defending its First Amendment rights."
The industry organisation continues, "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. Before Senator
Leland Yee [the bill’s sponsor] proposed this bill, federal and district courts across the country ruled that the path California was taking would run afoul of the First Amendment.
"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."
On related note, while looking over Governor Arnie's website in order to try and get some background information, we stumbled upon a Flash game, wonderfully titled
Lock N' Load. Aside from the fact that it should obviously be
Lock 'n' Load and so isn't doing a great deal for the literacy levels of Schwarzenegger's target audience, this little gem is described (and the spelling and punctuation are theirs) as follows:
"The pitch is - The bad guys have a storehouse of missiles on their secret island. Your motivation - find the missiles. Plant a bomb. And get back to the ship!
"You're shooting on two locations. First get through the jungle - Then the compound set to get to the missiles.
"Once you enter. You'll plant the bomb. The you get out'a there - and get back to the ship!
"Avoid the guards - they aren't stunt doubles and they're not firing blanks. You may be faster. But if they sniff you out. Expect hot pursuit. And if they get you. You career's over. So keep moving. The clock's is ticking and we're burning daylight!"
OK, so let's get this straight, you're on a film set? But the guys you're up against are not stunt doubles - in fact, as the blurb explains before you play this sick filth, "You don't have any lines. In fact, you don't even have a script. You grab your cell phone and call your agent. He says he neglected to mention that, this time, IT'S NOT A MOVIE."
The point of this outrageous assault on all that is we should be protected against during our ongoing fight in what is apparently a WAR ON TERROR? You have to
plant a bomb?! No way!
So, the parental controls on the game are set then? Age checking before you play? Age rating on this game about planting bombs? All standard stuff in the games industry. Well, no, no and no.
Anybody can play this vile, violent and exploitative tripe - your niece and nephew! Your little brother or sister can become infected by what we have to say is A BOMB SETTING SIMULATOR!
You can do it
here in fact. But we wouldn't advise it as it's an absolute pile of... rubbish.
Why are we so outraged? Well, Arnie's appealing Judge Ronald Whyte's ruling from last month that a bill barring the sale of violent video games to minors was unconstitutional.
The Governor's basis for the appeal?
"Many studies show the link between playing 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," Schwarzenegger said in a statement.
"We protect our children from buying inappropriate movies and ought to be able to protect them from buying inappropriate video games as well".
Not much protection on your own damned web site is there, Mr Schwarzenegger?