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On Insects and their Laws

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On Insects and their Laws

Unread postby prankenstein » 20 Oct 2009 01:52

In 2000 and 2003, two American courts ruled on the status of video games as an expressive entertainment form, therefore deciding whether they are protected from regulation by the First Amendment guarantee of freedom of speech. The rulings do not add anything useful or new to the discussions on games as art or messages in games in the Theory section of this forum but highlight some misconceptions about games.

http://everything2.com/title/Interactive+Digital+Software+Association+v.+St.+Louis+County%252C+Missouri

In short:

In 2000, the county of St. Louis in Missouri passed an ordinance that regulated the sale and display of so-called "violent" video games. Immediately after the ordinance passed, members of the Interactive Digital Software Association, a gaming industry group, brought suit against the county.

[U.S. District Judge Stephen Limbaugh] eventually decided that video games do not contain enough expressive elements to deserve First Amendment protection. Video games are not free speech. Since video games are not free speech, the county is within their right to regulate them as they please.

The 8th Circuit overturned Justice Limbaugh's District Court ruling and found that video games deserve just as much free speech protection as other media.

Excerpts from 8th Circuit decision:
If the first amendment is versatile enough to shield the painting of Jackson Pollock, music of Arnold Schoenberg, or Jabberwocky verse of Lewis Carroll, we see no reason why the pictures, graphic design, concept art, sounds, music, stories, and narrative present in video games are not entitled to a similar protection. The mere fact that they appear in a novel medium is of no legal consequence. Our review of the record convinces us that these "violent" video games contain stories, imagery, age-old themes of literature, and messages, even an 'ideology,' just as books and movies do.

The County suggests in fact that with video games, the story lines are incidental and players may skip the expressive parts of the game and proceed straight to the player-controlled action. But the same could be said of action-packed movies like "The Matrix" or "Charlie's Angels"; any viewer with a videocassette or DVD player could simply skip to and isolate the action sequences.

You can read the decision at http://www.ca8.uscourts.gov/opndir/03/06/023010P.pdf

The County judge got it right in disregarding the expressive elements in cut-scenes; but, I am glad he was overruled since I don't want to see the sale and content of video games regulated beyond the usual consumer rights and an age appropriate rating system.

Related insomniac forum article and topics:

http://insomnia.ac/commentary/massage_my_ass/
http://forum.insomnia.ac/viewtopic.php?t=2304
http://forum.insomnia.ac/viewtopic.php?t=2270
A language is a dialect with an army behind it.
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Unread postby icycalm » 20 Oct 2009 18:50

1. This thread was originally titled "Videogames and the Law". It should have been titled "Video games and AMERICAN Law", because contrary to what Americans think, American law is not THE law -- other countries exist on the globe as well (I swear it's true -- look it up!) In any case I changed the title to: "On Monkeys and their Laws".

2. None of this has anything to do with anything any of us should care about. And so the uneducated imbecilic judge-monkeys and legislator-monkeys are scratching their little monkey heads trying to figure out what the hell is going on. And of course whatever they end up figuring out will be WRONG -- for how could a monkey ever get anywhere near figuring out any issue as complex as this? So there's no point in anyone WHO IS NOT A MONKEY paying attention to the shenanigans OF THE MONKEYS. At most one may laugh with their shenanigans, in which case the lol thread will do just fine for that purpose.


Related insomniac forum article and topics:


P.S. This site is not called "insomniac". YOU DON'T EVEN KNOW THE NAME OF THE SITE YOU ARE POSTING ON YOU FUCKING RETARD! WAKE THE FUCK UP!
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Unread postby icycalm » 21 Oct 2009 02:37

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Unread postby icycalm » 21 Oct 2009 02:59

I am reading my own shit and can't stop laughing. I am truly fucking hilarious.
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Unread postby MjFrancis » 21 Oct 2009 06:08

Their ultimate goal […] is to restrict the palette of colors available to game designers!


lol, once you put it that way!

The masses confuse the virtual and the real every day, every moment of their unenlightened lives. Scurrying around, worrying about virtual decapitations, virtual rape and virtual firearms, simply creating a big commotion about nothing. So many gamers can’t understand why words like visceral and violence don’t belong in a video game review, so how are they suppose to articulate the differences of the virtual and the real to the masses? It’s not even a matter of articulation; they can’t distinguish the true differences themselves!

That's why we have you, I suppose.

GamePolitics has been blocked on my browser so I never have the misfortune to find myself there. The amount of video game "news" that isn't centered around video games is simply staggering these days. It has only gotten worse.
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Unread postby hyac » 21 Oct 2009 07:17

Alex Kierkegaard wrote:That cares care of that, then -- it takes care of the interest that lawyers, judges and politicians take in videogames.


Typo, 6th paragraph.
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Unread postby icycalm » 21 Oct 2009 14:28

Thanks, I'll fix it later.

MjFrancis wrote:
Their ultimate goal […] is to restrict the palette of colors available to game designers!

Lol, once you put it that way!


I don't think that anyone besides me and Baudrillard (who is now dead) understand the full implications of that sentence. That is why I am going to devote an entire article spelling them out. My claim should be taken literally. The slaves are indeed trying to say that SOME COLORS ARE MORE VIOLENT THAN OTHERS.

Is Chess a violent game?

No. Because black and white are not violent colors!

Are darts violent?

No. Because the dart board DOESN'T BLEED!


In short, as I've advocated before, the planet should be nuked from orbit, and as quickly as possible before the disease spreads to the rest of the galaxy.
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Unread postby icycalm » 21 Oct 2009 21:43

I changed all references to monkeys to insects (including in the article's title), in order to match Nietzsche's terminology in the opening quotation. I guess people might get confused by all these highly specialized philosophical terms, but basically the terms "monkeys", "insects", "slaves", "worms", "sheep", "rabble", "mass", "mob", etc. all refer to the same thing. It's like the concept "God", which also goes by a thousand names. Each philosopher simply picks the terms which most closely match his writing style and the point he is trying to make. My problem is that I like all of them, so I end up alternating between them from article to article, and sometimes even in a single article, as in this one.

So the new url is this:

http://insomnia.ac/commentary/on_insect ... heir_laws/

Moving on, here is the entire paragraph from which the opening quote was taken, for those who want to follow up on the philosophical foundations on which the article is based (Nietzsche's passage is only half of these foundations, the other half is in the concept of the simulacrum, as analyzed by Baudrillard in too many places to list).

Permission to speak! -- The demagogic character and the intention to appeal to the masses is at present common to all political parties: on account of this intention they are all compelled to transform their principles into great al fresco stupidities and thus to paint them on the wall. This is no longer alterable, indeed it would be pointless to raise so much as a finger against it; for in this domain there apply the words of Voltaire: quand la populace se mêle de raisonner, tout est perdu.* Since this has happened one has to accommodate oneself to the new conditions as one accommodates oneself when an earthquake has displaced the former boundaries and contours of the ground and altered the value of one's property. Moreover, if the purpose of all politics really is to make life endurable for as many as possible, then these as-many-as-possible are entitled to determine what they understand by an endurable life; if they trust to their intellect also to discover the right means of attaining this goal, what good is there in doubting it? They want for once to forge for themselves their own fortunes and misfortunes; and if this feeling of self-determination, pride in the five or six ideas their head contains and brings forth, in fact renders their life so pleasant to them they are happy to bear the calamitous consequences of their narrow-mindedness, there is little to be objected to, always presupposing that this narrow-mindedness does not go so far as to demand that everything should become politics in this sense, that everyone should live and work according to such a standard. For a few must first of all be allowed, now more than ever, to refrain from politics and to step a little aside: they too are prompted to this by pleasure in self-determination; and there may also be a degree of pride attached to staying silent when too many, or even just many, are speaking. Then these few must be forgiven if they fail to take the happiness of the many, whether by the many one understands nations or social classes, so very seriously and are now and then guilty of an ironic posture; for their seriousness is located elsewhere, their happiness is something quite different, their goal is not to be encompassed by any clumsy hand that has only five fingers. Finally, from time to time there comes to them -- what it will certainly be hardest to concede to them but must be conceded to them nonetheless -- a moment when they emerge from their silent solitude and again try the power of their lungs: for then they call to one another like those gone astray in a wood in order to locate and encourage one another; whereby much becomes audible, to be sure, that sounds ill to ears for which it is not intended. -- Soon afterwards, though, it is again still in the wood, so still that the buzzing, humming and fluttering of the countless insects that live in, above and beneath it can again clearly be heard.


* When the mob joins in and adds its voice, all is lost. --Tr


From Human, All Too Human, paragraph 438.


One more point:

MjFrancis wrote:So many gamers can’t understand why words like visceral and violence don’t belong in a video game review


I wouldn't say they don't belong there. As long as one does not overdo it, these words can be extremely useful in game reviews. Because, you see, though violence does not exist in videogames, the emotions that violence engenders in people in the real world are often, to some small, highly attenuated degree, also engendered in people who play videogames. This is the magic of simulation: it creates an effect where a cause is lacking. It sort of creates something out of an almost pure nothing. Moreover, as the quality of the simulation increases, these emotions also increase, and become more and more faithful to their real counterparts. So you can expect to see more and more games called "visceral" or "violent" in the future.

And visceral they will be -- because this word refers to our emotions, which are always real -- even when engendered by simulation.

Violent they won't be -- the games at any rate, except in a metaphorical sense. What will be violent will be again our emotions -- our emotional reactions to the simulated events.

All of this does not in any way come into contradiction with what was stated in the article. Violent videogames do not exist. Only violent emotional reactions to videogames -- even to "non-violent" ones...
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Unread postby MjFrancis » 22 Oct 2009 04:41

icycalm wrote:My claim should be taken literally.


It certainly was, but since you put it so succulently blunt, the absurd reality of the situation really made me lol.

So, I shall not apply descriptions like visceral and violent to a video game itself. The best reviews are passionate, ergo emotional endeavors, and violence is no exception.

I look forward to future articles. The mail left my copy of Baudrillard's The Transparency of Evil in the rain on my doorstep, so it needs to dry out before I can read it. The essays you posted assist my comprehension of his ideas greatly!
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Unread postby icycalm » 26 Oct 2009 00:13

It seems that there's another Kierkegaard writing about videogames. The difference is that he is an idiot:

http://www.sciencedaily.com/releases/20 ... 213432.htm

The "International Journal of Liability and Scientific Enquiry", lol. Is this a Monty Python skit?

You just have to love how ALL the studies on the subject of videogames and behavioral violence AUTOMATICALLY ASSUME THAT VIOLENCE IS A BAD THING.

Like, this has been proven. This has been discussed at length, and we have arrived at the conclusion that Violence is Bad, so there's no need to discuss it any further. And who is this "we"? Everyone but the great philosophers. Because the great philosophers are saying the exact opposite, book after book, century after century, all of them are saying the exact opposite. But hey, the newspapers and the politicians know better I guess, lol.

And so these studies keep getting churned out. And the world keeps turning. And no one ever learns.
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Unread postby Pulviriza » 16 Nov 2009 13:09

Great article, but it made me mindful of Six Days in Fallujah, the planned game set in the war going on in Iraq that was met with such disapproval and horror that it was canned so they could make something less controversial. It wasn't exactly the law, and it wasn't released then banned, and because it's an industry, if they released that game there would be loud cries of "war crimes" and probably "racism" that they would lose some of their audience.
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Unread postby icycalm » 24 Mar 2010 14:03

Go ahead, ban violent games, See if we care.

smac wrote:First the Germans, then the Aussies, the Chinese and now the Swiss - and with Alan Titchmarsh on the case, surely it's only a matter of time before violent games face the governmental (or Mandelson's) banhammer.

But wait a mo - could this be a good thing? If we had a prohibition style hiatus of, say, four or five years where no-one could sell an overtly violent game, would the industry end up better for it?

I mean, no interminable space marine sequels, no cheap reliance on gore or slapstick comedy death to sell your games - would developers have to get creative? Would we end up with a retro-tinged golden age of pure fun and new game mechanics?

Or would EA and Codies clean up with sports games and racing games (although clearly any Ice Hockey game would be caught out by any ban on violent games) while the rest of the world goes off down the pub?

Imagine such a ban was world-wide; what might be improved by a ban on - let's say realistic - violence and gore? What would we miss?


Rev wrote:No, you'd get exactly the same games but toned down as much as required to be passable. That limit would then be pushed, until we eventually end up with exactly what is on the shelf now on the shelves in the future.


CaptainLeChuck wrote:Or, we'd end up with the Aussie versions of all games, like below...

Image
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