Games industry to sue California

THE ENTERTAINMENT Software Association (ESA) said that it will file a lawsuit against the statute recently signed by Governor Schwarzenegger regarding game sales to minors.

The ESA's President, Douglas Lowenstein said that it "intends to file a lawsuit to strike this law down and we are confident that we will prevail."

The Governor signed the California measure into law just a week ago and already its fate seems doddering and uncertain.

Legislation much like this has been ruled against by federal courts in Washington and other states. Those courts found that the laws violates the right to free speech guaranteed by the US Constitution.

Jeff Brown, a spokesman for Electronic Arts said: "The certainty of a constitutional challenge makes this a hollow gesture." This legislation has outlawed the sale of material displaying graphic violence, killing, maiming, dismemberment or sexual battery of any character portrayed as human, particularly those which seem particularly cruel or atrocious. Retailers found in violation are subject to fine of $1000.

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The ESA has posed similar challenges in Illinois and Michigan and plans to file its lawsuit in California within the next fortnight. While Brown (EA) has pointed out that courts have already confirmed the constitutional protection of games in the same way as books and movies there is always the disconcerting feeling that this could be the first ruling against the ESA. Either way, Brown's assertion that, "I expect they will come to the same conclusion in California," can't help but reveal his confidence. In the UK we already enjoy a healthy game age rating system, much like the one people like Jack Thompson are trying to implement. As much as we see him demonised his ideas really aren't as ridiculous as people let on. Neither is this one, perhaps the court will find that to be true in this case, who can tell? Either way it should be an interesting case to keep an eye on.