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Chicago Game Ad Restrictions Violate Free Speech, Claims Lawsuit

Jul 22, 2009 10:42am CST tags: Grand Theft Auto 4, Lawsuit, Controversy, ESA, Legal
The Entertainment Software Association has filed a suit against the Chicago Transit Authority, claiming that CTA's new policy to not display advertisements for mature-rated games violates free speech and threatens the "creative freedoms of our industry."

The controversy began last year, when the media began questioning why the Chicago Transit Authority was carrying advertisements for Grand Theft Auto IV in the wake of then-recent violent events, though the ads themselves weren't violent in any way.

Shortly after, the Chicago Transit Authority pulled the advertisements, and, after a lawsuit, reinstated the ads while noting that it would no longer carry ads for... Read more

Study Finds 8.5% of U.S. Youth Addicted to Games

Apr 20, 2009 9:08pm CST tags: Gaming Addiction, Study, Report, NIMF, ESA, Game Behavior
An Iowa State University and National Institute on Media and the Family (NIMF) study has concluded that 8.5% of its 1,178 U.S. participants, aged 8 to 18, met the American Psychiatric Association (APA) criteria for gambling addiction, once again bringing the oft-debated topic of video game addiction into the national spotlight.

Participants were asked eleven questions regarding their gaming habits, including "Do you sometimes skip household chores in order to spend more time playing video games" and "Have you ever lied to family or friend about how much you play."

Per APA standards, exhibiting six or more symptoms constituted addiction. Furthermore, the study found that "pathological status significantly predicted poorer school performance even after controlling for sex, age, and weekly amount of video-game play," with "pathological gamers" twice as likely to have a diagnosed attention problem.

The study claims that the results are "nationally representative within 3%." However, study author and Iowa State researcher Douglas Gentile was quick to point out that the study does not confirm video games lead to "poor school performance... Read more

ESA Spent Nearly $1M on Q4 Game Lobbying

Mar 09, 2009 6:31pm CST tags: ESA
The Entertainment Software Association spent $980,000 on lobbying efforts in the fourth quarter of 2008, according to an AP report. The group spent over $4 million on lobbying over the full year.

The ESA directed the funds toward issues ranging from first amendment rights to copyright enforcement and anti-piracy concerns.

While the ESA's efforts to thwart violent game legislation are well known, the group also spends money on less publicized issues. For instance, last year the ESA lobbied on behalf of skilled foreign workers in the gaming industry in need of green cards and work visas.

Publishers must pay dues to be a member of the ESA, leading many companies to shed the extra cost following the economic downturn. The group's 28 members declined to a total of 21 over 2008, according to GamePolitics. Departing companies included Activision, Vivendi, LucasArts, id, Codemasters, Crave, and NCsoft.

California Violent Game Law Again Deemed Illegal

Feb 20, 2009 3:22pm CST tags: Legal, ESA
The U.S. Court of Appeals today upheld an earlier ruling that found a 2005 California state law, meant to restrict the sale of violent games to minors, to be unconstitutional.

The loosely-worded law would have demanded a new state-mandated rating label for games, with retailers fined if minors obtained a title that contained "serious injury to human beings in a manner that is especially heinous, atrocious, or cruel."

The new label would have accompanied the voluntary ESRB content ratings that already appear on game packages in the United States and Canada.

The initial legal battle over the law required California to reimburse the Entertainment Software Association to the tune of $282,794 in legal fees. After the unconstitutional ruling arrived in 2007, Governor Arnold Schwarzenegger vowed to appeal the decision.

"This is a clear signal that in California and across the country, the reckless pursuit of anti-video game legislation like this is an exercise in wasting taxpayer money, government time, and state resources," said ESA CEO Mike Gallagher. "In the end, common sense prevailed with the court determining that, after exhaustive review, video games do not cause psychological or neurological harm to minors."

Microsoft Launches 'Get Game Smart' Parental Awareness Campaign

Jan 14, 2009 10:11am CST tags: Microsoft, ESA, ESRB, NIMF, Get Game Smart
As part of its ongoing family-oriented efforts, Microsoft today unveiled its "Get Game Smart" initiative to educate parents about family-friendly gaming practices.

The Get Game Smart website encourages families to play video games today, discuss appropriate content, set limits accordingly, practice online safety, and learn about parental controls in game consoles, such as Microsoft's own Xbox 360.

One activity, the "Do You Know Your Gamer?" quiz, tests a parent's knowledge about their children's favorite games, with an accompanying quiz for kids so parents can see how much they actually know--depending on the children's honesty, that is... Read more

ESA Spent Over $1 Million Lobbying American Government in Q3

Oct 20, 2008 5:14pm CST tags: ESA, Legal
The Entertainment Software Association, known more simply as the government lobby for the video games industry, spent $1,090,000 in the July-September quarter to represent the games industry in Washington.

According to Gamasutra, who looked at lobbyist disclosure filings, the numbers actually signifiy a decline from Q2 2008 because this quarter's numbers include other firms working on the ESA's behalf.

The ESA's filings claim that like last quarter, the group spent its money all around Washington, lobbying Congress, the U.S. Copyright Office, the FBI, and FCC, among others. But the unaccounted-for lobbying firms worked exclusively in the Senate, laboring on copyright issues and the PRO-IP Act, which it supported.

After three quarters, the ESA has spent more on lobbying this year than in any previous calendar year, according to Gamasutra. Considering the ESA has fallen on hard times this year, the organization's beefed up lobbying budget may be what it needs to stay in business.

ESA Praises New Anti-Piracy Law

Oct 14, 2008 11:01am CST tags: ESA, Government, Piracy
The Entertainment Software Association today praised Congress and President Bush for signing the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (PRO-IP) into United States law.

The ESA is particularly thrilled that PRO-IP will "enhance the ability of U.S. law enforcement to address serious intellectual crimes," such as piracy, by creating a new position in the presidential cabinet for an intellectual property enforcement coordinator.

"Piracy is an enormously profitable undertaking for criminal organizations. Disabling those organizations requires a coordinated and cross-border approach to enforcement, which this legislation clearly promotes," stated ESA CEO Michael Gallagher.

"Effective enforcement of IP laws helps protect this engine of economic growth," he added. "More legitimate game sales mean more game-related jobs up and down the value chain."

But while PRO-IP has been praised by the ESA, the Recording Industry Association of America (RIAA) and U.S. Chamber of Commerce, not everyone is happy with it, including the American Library Association, Public Knowledge and Electronic Frontier Foundation.

"It would've been nice to have something to benefit the public and artists instead of big media companies," Public Knowledge communications director Art Brodsky told CNET, as noticed by Gamasutra.

Anti-ESRB Group Responds on Receiving ESA Funds

Sep 30, 2008 6:09pm CST tags: ESRB, ESA
The National Institute on Media and the Family, the non-profit group that has repeatedly blasted the video games industry, is now proud to "work together" with the Electronic Software Association after receiving $50,000 in funds from the ESA.

"Reasonable organizations can disagree on principle, but can work together for the betterment of families and children," said NIMF spokesman Darin Broton to GamePolitics.

In an editorial aside, GamePolitics points out that "there's a wide gap between 'working with' and 'accepting money from.'" Continuing, the editorial claims that "taking funding from the industry it purports to be watching is a credibility-damaging decision on the organization's part."

As reported yesterday, the NIMF is using the ESA funds to "develop an on-line e-learning zone for using the latest interactive technologies to help kids and adults understand the issues and potential areas of concern with the Internet."

When not "working with" its foes to build "on-line e-learning zones," the NIMF usually occupies itself by bickering with the ESRB and claiming to prove that exposure to violence causes violent behavior. Broton's complete statement, reproduced from GamePolitics, follows... Read more

ESA Funds Inflammatory Anti-ESRB Group

Sep 29, 2008 2:16pm CST tags: ESRB, ESA
The Electronic Software Association, the trade association lobbying for the video games industry, has given a substantial grant to the National Institute on Media and the Family, the controversial media watchdog non-profit known for inflammatory statements towards the games industry and its ratings board in particular.

The NIMF will use the money--an unspecified piece of $1 million divided among nine recipients--to "develop an on-line e-learning zone for using the latest interactive technologies to help kids and adults understand the issues and potential areas of concern with the Internet," according to a press release from the ESA.

Late last year the NIMF made headlines by slamming the Entertainment Software Ratings Board as complacent, blaming the game-rating organization for allowing the violence in Rockstar's Manhunt 2 for reaching game shelves. It was only the latest in a long fight in which the NIMF and ESRB have repeatedly criticized one another.

The NIMF also published a report in 2001 claiming a causal link between exposure to violent entertainment and violent behavior.

ESA Spent $980K on Lobbying American Government in Q2

Aug 28, 2008 10:00pm CST tags: Legal, ESA
The Entertainment Software Association, the industry organization representing the games industry in governmental and legal matters, spent $980,000 lobbying the American government between April and June, according to a press release. The figure is a marked increase from the $714,000 spent in Q1.

Aside from lobbying Congress, the ESA also spent cash towards influencing the US Copyright Office, the FCC, and the FBI, among others.

That investment paid a dividend this morning when the organization celebrated the sentencing of two software pirates and thanked the FBI and Department of Justice for their help.

The ESA has fallen on hard times recently, as the group has had several key members leave in the last few months and come under heavy fire for the poor performance of this year's E3 Media & Business Summit.

ESA Welcomes Game Pirate Jail Sentences

Aug 28, 2008 12:35pm CST tags: Piracy, ESA, Legal
The Entertainment Software Association--the industry organization assisting game makers in legal and governmental matters and organizes the annual E3 event-- today applauded the recent jail sentences of two American game pirates in a press release.

Kevin Fuchs of West Amherst, NY, and Kifah Maswadi of Oakland, FL, were sentenced to eight and 15 months in prison, respectively, this summer. Fuchs will follow that up with eight months of house arrest and another 16 months of court supervised release. Maswadi also received three years of court supervision, 50 hours of community service, and an order to pay $415,900 in restitution.

"These decisions illustrate, once again, that game piracy will not be tolerated and the extent at which these criminals will be prosecuted. The ESA and its members will continue to support law enforcement's efforts to protect the intellectual property of our industry," said Michael Gallagher, CEO of the ESA. The sentencing follows a recent United Kingdom ruling which established a legal precedent in their courts.

The news comes at a time when piracy has had increasing influence... Read more

Illegal Game Law Costs California $282K

Aug 05, 2008 2:39pm CST tags: Legal, ESA
ESA CEO Michael D. Gallagher In the wake of Califonia's recent budget woes, the state today joined the ranks of Minnesota, Illinois and Louisana as it reimbursed the ESA $282,794 for legal fees relating to last year's overturning of an unconstitutional video game sales law.

"California deserves more from its legislators than pursuing flawed legislation," said ESA CEO Mike Gallagher (pictured left). "Rather than tackling real problems affecting Californians, they chose to waste time, money and state resources. It is shameful that legislators pursued personal agendas in spite of the facts."

According to the ESA, California is currently facing a $15 billion budget gap, with 100,000 state employees recently laid off, Governor Schwarzenegger seeking to cut wages for another 200,000, and the state reducing its Medicaid support by 10%.

The loosely-worded law would have created a new state-mandated rating label for games, with retailers fined if minors obtained a title that contained "serious injury to human beings in a manner that is especially heinous, atrocious, or cruel."

"The definition could literally apply to some classic literature if put in the form of a video game," remarked Judge Ronald Whyte, who ruled the legislation as unconstitutional.

California is currently seeking to appeal Whyte's decision, causing Gallagher to remark, "It is unfortunate that the state is stubbornly pursuing an appeal that is likely to lead to even more court-awarded fees."

E3 2009 Planned Despite Criticism

Jul 23, 2008 1:46pm CST tags: E3 2008, ESA, E3 2009
Amidst criticism from publishers, developers and media alike, the Entertainment Software Association revealed that it plans to carry on with the E3 Media and Business Summit next year.

"As we do every year, we're beginning the process of surveying exhibitors and attendees to determine potential changes to the summit," an ESA representative told GameSpot. "Once this is completed and shared with the ESA's Board of Directors, we will make an announcement about the specifics of the [E3 2009], which will occur."

Following last week's E3 2008, several industry figures have since spoken out on the relevance of the exhibition. Electronic Arts CEO John Riccitiello plainly stated he hated the conference, which has seen drastic revisions over the last few years... Read more

Minnesota Pays ESA $91K for Illegal Game Law

Jun 30, 2008 1:37pm CST tags: ESA, Legal
The state of Minnesota has reimbursed $65,000 in attorney fees and other expenses spent by the Entertainment Software Association in its successful challenge of an unconstitutional game law, the organization announced today.

The ESA, which is dedicated to the business and public affairs needs of game developers and publishers, also noted that it has now been awarded close to $2 million in fees and expenses spent battling unconstitutional game law in nine other districts.

"Minnesota's citizens should be outraged at paying the bill for this flawed plan. Minnesota's public officials ignored legal precedent and instead pursued a political agenda that ultimately cost taxpayers money," said ESA CEO Michael Gallagher.

Signed into law in June of 2006, the law sought to penalize minors for the rental or purchase of games rated M for Mature and above. An injunction to halt the ... Read more

Crave Entertainment Pulls Out of ESA

Jun 24, 2008 9:39am CST tags: ESA, Crave Entertainment
California-based publisher Crave Entertainment is the latest company to withdraw as a member of the Entertainment Software Association, GamePolitics reports.

The publisher has made no official announcements concerning its departure from the ESA, a group dedicated to the business and public affairs needs of game developers and publishers. Despite pulling out of the organization, the company will exhibit titles at next month's E3 Media and Business Summit.

Crave's roster of published titles includes FarSight Studios' Pinball Hall of Fame: The Williams Collection (Wii), among others. The publisher's departure marks the fifth pull-out from the ESA this year, following the soon to be merged Activision and Vivendi, LucasArts, and id Software.

No reason has been provided for the withdrawals, though some rumors lay the blame on issues with ESA president Mike Gallagher, who took up the office last year.

id Software Leaves ESA

May 23, 2008 2:29pm CST tags: ESA, id Software
Developer id Software has confirmed to GamePolitics that it is no longer a member of the Entertainment Software Association.

Best known for its work on the DOOM and Quake series, id joins other recent ESA departees LucasArts, Vivendi and Activision.

Outside of the ESA's claims that LucasArts' exit was a result of "unique factors," no reason has been provided for the withdrawals. However, rumors point to issues with ESA president Mike Gallagher, who took up the role last year.

It had previously been revealed that the ESA's decision to relocate its E3 gathering to Santa Monica last year cost the association upwards of $5 million, partially due to the violation of a long-term contract with the Los Angeles Convention Center.

LucasArts Bails Out of ESA, Will Still Attend E3

May 16, 2008 5:45pm CST tags: LucasArts, ESA, E3 2008
The Entertainment Software Association today confirmed that publisher LucasArts is no longer a member of the organization, Joystiq reports.

The company joins Activision and Vivendi as the latest company to break from the ESA, a group dedicated to the business and public affairs needs of game developers and publishers.

Unlike those companies—along with id Software, NCsoft and others—LucasArts will still be participating in the coming E3 Media and Business Summit this July, where it will showcase its upcoming Star Wars: The Force Unleashed among other titles.

"We can confirm that LucasArts is no longer a member of the ESA," said LucasArts PR director Margaret Grohne. "As a company we are still committed to bringing consumers the best interactive experience possible and support the ESA's mission in the industry."

The ESA's statement on LucasArts' departure was similarly light on details. "We value each member of our association, but respect the unique factors that led to LucasArts' decision," said ESA communications VP Rich Taylor.

Activision and Vivendi Break from ESA, Pass on E3; Four Other Companies Pull Out of Exhibition

May 02, 2008 3:10pm CST tags: ESA, E3 2008, Activision, Vivendi
Soon to be merged publishers Activision and Vivendi will not be attending this year's E3 Media and Business Summit and have withdrawn from the Entertainment Software Association, Kotaku reports.

Moreover, four other companies—id Software, NCSoft, Codemasters, and Her Entertainment—have also decided not to attend this year's E3, which is organized by the ESA, a group dedicated to the business and public affairs needs of game developers and publishers.

Citing anonymous industry sources, Kotaku claims that the withdrawal of the six publishers from E3 was partially due to developer displeasure with ESA president Mike Gallagher. While in the office, Gallagher oversaw the shutdown of ESA's New York City office and a reduction in the organization's lobbying efforts.

Publisher NCSoft said the withdrawal was due to their current development cycle of their games and was not meant to reflect on the ESA or its leadership. Activision, meanwhile, chalked up its departure from the ESA up to "business reasons."

Several of the developers are holding their own events to showcase upcoming products, with Activision putting on a gamers day the week of E3 and id Software's QuakeCon in August.

ESA Creates $45,000 Game Development Scholarship

Mar 19, 2008 9:55pm CST tags: ESA, Scholarship, College
The ESA Foundation today announced the establishment of a program which will grant $45,000 in scholarships to students pursuing careers in game development.

The program outlines 15 scholarships of $3,000 each for women and minority students who are enrolled full-time at accredited four-year academic institutions. The scholarships will be available for use towards fields supporting game development including compuster science, animation, graphic design, software engineering and others.

"Positions in our industry are high-paying jobs with a remarkable potential to inspire and entertain millions of Americans," said ESA president and CEO Michael Gallagher. "We offer this program to help create our industry's next generation who will boost the industry's creative capital with new and unique approaches," Gallagher added.

The deadline for applications for the ESA Foundation's 2008-09 scholarship is May 15, and interested students can apply online.

ESA Study Finds Game Industry Growing Faster Than U.S. Economy

Nov 27, 2007 5:35pm CST tags: Games: PC & Console, ESA, Study, Game Industry
An unsurprising study funded by the Entertainment Software Association found that the industry is performing relatively phenomenally, with 17% annual growth from 2003 to 2006. The ESA boasts that this rate trumps the 4% annual growth of the overall economy, basically saying "in your face" to less fortunate industries.

"Computer and video game companies play an ever increasing role in our nation's growing economy," said ESA CEO Michael Gallagher. "These companies and their colleagues across the nation are making entertainment software one of the fastest growing industries in the United States."

The study by Economists Incorporated for the Entertainment Software Association found that the industry directly employed 24,000 individuals as of 2006 with an average salary of $92,300. In that year, the industry added $3.8 billion to the U.S. GDP.

California, a hotbed for the gaming industry, employed 40% of the industry's workers last year. The state's gaming industry grew by 12.4 percent and added $1.7 billion to California's economy, the study found.