2004 Web and Downloadable Games White Paper
IGDA Online Games SIG
1.
Legal Issues
a)
Limiting Access
In the financial projections of today
s game developers, one assumes a worldwide basis for sales.
Some countries and cities, however, have started to censor certain types of games. These
countries/cities feel that they have a legal as well as a moral right to protect their citizens and their
own revenue streams.
(1)
Saudi Arabia
In March 2001 Pokemon videogames and cards were banned under an Islamic edict issued by
Saudi Arabia
s religious authority.
(2)
Australia and Brazil
Australia and Brazil took the position that Take Two's Grand Theft Auto was a violation of the
country's inherent moral and ethical code and banned the game. Yet in 2002, neither Australia
nor Brazil banned Take Two's sequel, Grand Theft Auto: Vice City.
(3)
China
In November 2002, China banned all individuals under the age of 16 from Internet cafes as a
measure of restricting Internet access.
(4)
Greece
In 2002, due to an ongoing political scandal, the Greek legislature passed a law banning all
computer gaming (gambling as well as console, online, and even handheld gaming). Arcades
were shut down across Greece, tourists were instructed not to so much as bring a Game Boy into
the country, and internet cafe owners were arrested for such things as allowing patrons to play
online chess. In late September 2002, approximately 50 people had been arrested under the ban,
at which point the Greek government issued regulations clarifying that the new law is only
applicable to Internet gambling. The guidelines were welcomed by the gaming community, but the
situation is still not entirely resolved.
(5)
Thailand
In July 2003, Thailand imposed a strict curfew on online gaming which ordered access to online
game servers be blocked between 10PM and 6AM every day, with Internet cafes also facing
curbs to their business hours along the same lines. On September 8, 2003 this was changed to
allow individuals age 18 and over will be able to opt out of this curfew, but only if they first
registered with the government.
(6)
Honduras
On October 12, 2002, a blanket ban on all violent videogames and toys was issued. The ban
came into effect in June 2003. Among the banned games named are
Resident Evil, ShadowMan,
Street Fighter, Turok, Perfect Dark, Quake
and
Doom
.
(7)
St. Louis County, MO
St Louis County passed an ordinance that made it unlawful for any person knowingly to sell, rent
or make available graphically violent games to minors, or to "permit the free play of "graphically
violent videogames by minors, without a parent or guardian's consent. On June 3, 2003 the
United States Court of Appeals (8th Circuit) issued its opinion on
Interactive Digital Software
Association v. St. Louis County
, a constitutional challenge to the local ordinance. While the
District Court had upheld the ordinance, the appeals court reversed. It held that the ordinance is
an impermissible prior restraint of protected speech.
(8)
Washington State
The Video Violence Law was signed into law in May 2003 and was to take effect on July 27th,
2003. It would have imposed a fine up to $500 on anyone who sells or rents to anyone under 18
any game that depicts violence against police officers. On July 11th, 2003, the U.S. District Court
issued a preliminary injunction which temporarily blocked enforcement of the state law.
The above types of legislation decisions can affect revenue streams in two manners: first, the loss of
projected revenue from the country, and second, the potential litigation costs of trying to protect those
revenue streams. It is important to note that it is not just the international community that is attempting to
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