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Jack Thompson threatens to sue Microsoft.

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(@aeva1688)
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www.gaming-age.com/news/2007/5/22-50

Bill Gates
Microsoft Corporation
Redmond, Washington

Re: Halo 3
Dear Mr. Gates:

As you know, the Federal Trade Commission has repeatedly found that games rated Mature by the video game industry-captured Entertainment Software Rating Board are routinely sold to kids under the age of 17 despite the age rating. The most recent failure rate of the ratings on Mature games, according to the FTC, is 42%. The entire rating system is a fraud, and broken, the latter description aptly provided by Senator Hillary Clinton.

As you also know, Lee Boyd Malvo trained on Microsofts Halo to further enable him to become the remarkably efficient DC Beltway Sniper. That was reported by NBC News at the time and was noted in Malvos criminal trial.

You appeared on CBS 60 Minutes II and rather revealing and usefully noted that the cool thing about these games is that they transport you to a world you think is real. Precisely. Capcom has recently disclosed to investors that your video game industrys violent games, sold to children, pose a real hazard to the health of the industry. Right on.

The hyperviolent Microsoft Xbox 360 game Halo 3 is scheduled by your company for commercial release in September of this year. The Beta version that was released last week shows us all just how violent the game is and how inappropriate it is for play by anyone under 17, as the Mature rating it will surely receive indicates.

Heres the deal, Mr. Gates: Either Microsoft undertakes dramatic, real steps, through its marketing, wholesale, and retail operations to assure that Halo 3 is not sold, via the Internet and in stores, directly to anyone under 17, or I shall proceed to make sure that Microsoft is held to that standard by appropriate legal means. I have done that before successfully as to Best Buy, and I shall do so again as to Microsoft and all retailers of Halo 3.

Regards, Jack Thompson

Any thoughts?

 
(@sakaki22)
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Wacko Jacko's movin' up to the big leagues now.

Didn't it take, like, Europe suing Microsoft to win?

 
(@thecinderblock)
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What a dumbass.

 
(@aeva1688)
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Before Psx does this,

 
(@super-shadic-01_1722585742)
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That link doesn't seem to work for me. o_O

Lawlz. Jack Thompson reminds me of Majin Buu with his boxing attire.

 
(@sandygunfox)
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Rename this to "Jack Thompson Desperately Vies For Attention" plz.

 
(@neoremington373)
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*sigh* Here we go again...

 
(@tergonaut)
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If the law says don't sell it to someone in a specific age bracket, any company that sells it anyway should be held accountable for it. If they don't like that, then they should try to change the law through legal means instead of ignore it.

While I do not like the bad generalizations that Mr. Thompson has made about video games and gamers, I find it admirable that he is willing to stand up for standards where others are woefully lacking. Particularly when there are so many people (particularly faceless, online gamers) who'll take potshots at him for trying to help enforce the standards.

Look, you can tell me you don't like him or that he's stupid, but unless you can tell me why his challenge is really a bad thing for the gaming industry as a whole, then this is good news.

 
(@shadow-hog_1722585725)
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See, Terg, there ISN'T a law for it. ESRB ratings are not and have never been absolute law. Granted, retailers generally have rules explicitly stating to only sell M-rated games to people who are 17 or older, and to ID check those who appear younger, but they do that of their own initiative, not because some law told them to.

Of course, some people TRY to initiate legislation, like Jack here, but the problem with that is that almost none of them seem to understand just what the hell they're writing legislature for, thus introducing some very awkward bills into the market (remember that one which stated that the ESRB has to actually play games to completion to rate them, ignoring how long the game could be or factors such as skill, cheat codes, easter eggs, et cetera?). Honestly, I don't mind that they try to keep M-rated games out of kids' hands, it's that they continuously go about it in the wrong fashion and come across more as blatant censors more than anything else. The fact that kids shouldn't be buying Halo 3 doesn't mean that it should be made excessively difficult for ME to do the same thing.

Also, we're taking "potshots" at him because he constantly does the same to us. Constant blanket statements and outright lies abound. Are we SUPPOSED to like somebody who explicitly hates us? Worse, hates us and says the Bible justifies it.

 
 THS
(@ths)
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Terg, you might have a point, but suing Microsoft is not the way to go about it, if it is an issue at all. Microsoft don't distribute these games to kids. Microsoft doesn't have agents on street corners, surreptitiously selling games to youngun's. People buy games in shops, and I don't know about how thigns are over there, but here if you don't look old enough to be buying a game they won't sell you it without a parent present. It really is the responsibility of those educated in these manners to regulate their own kids, not for the company to - they just release the content. Sure, with digital distribution means age regulation is an increasing issue - relevant to this topic with the recent release of the Halo 3 Beta - but you can't sign up to Live without either being 16 or older, or having permission from an elder. Again, there are ways around it, but doing so breaks Microsoft's TOS, and thus it fails to be their fault.

Really, Jack Thompson going against the company is practically the same situation as portrayed in South Park the Movie's Blame Canada - parents etc trying to shift responsibility from themselves out of lazyness. And Jack Thompson himself has a reputation as an attention seeker and ambulance chaser, stating facts he can't back up and reacting to nearly any personal affront with a threat to sue. There is nothing good about this man or his intentions, I assure you.

 
(@zerosky)
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Quote:


Any thoughts?


I almost fell out of my chair laughing.

I particularly liked the mention of the "hyperviolent Microsoft Xbox 360 game Halo 3". "hyperviolent"? :lol Halo has plenty of violence, sure, but there are far more violent games out there than Halo 3. Gears of War, anyone?

This guy never ceases to amuse me.

 
(@stewie0015)
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I'm totally agree with THS... If anyone, Jack should attack store such as Walmart and Target who SELL the games, not the company who makes them ( Walmart and Target were only examples, as I believe they both are pretty strict about not selling to under 17).

This is like blaming a gun manufacture for a school killing...

 
(@veckums)
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It's more like suing China for inventing gunpowder.

 
(@sandygunfox)
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Indeed. Microsoft isn't out on sctreet corners near elementary schools handing children the games, are they?

It's not their fault parents can't see a big "M FOR MATURE 17 AND UP" on the front of hte box. The ESRB is not law, companies are not legally bound to sell M games to only 17 and up, and all Microsoft does is make it.

That's like suing the entire country of Taiwan when a T-shirt joke offends you.

Do I think children are playing "hyperviolent" games at too early an age? Incidentally, yes, I do. I have seen eight year olds with more GTA experience than me. Do I feel these games should not be on the market and that the companies should all be sued? No, because while an eight year old certainly shouldn't be killing people for hours a day, I'd like to think I'm rsponsible enough to know that while it may be fun on a video game, it's certainly wrong in real life, and I probably wouldn't enjoy killing people anyway.

But do I feel suing Rockstar, or Microsoft, or WHOEVER, is right? No. It's not like ratings are misleading or complicated - It says right on the front, safe for everyone, for teens, for adults, or what have you, and on the back, it says exactly what is in it - Drugs, sex, violence, language, and to what extent. What more can you ask for? How are the manufacturers at fault?

And at an earlier comment; Colt's been sued several times after school shootings, including incidents that no Colt firearm was used in.

 
(@deckman92)
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i think shadow hog and ths explained quite thoroughly why this is @#%$ stupid and nothing significant will actually come of it

so all i need to say is that i laughed out loud when i saw the pbf homage

 
(@toby-underwood)
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~Tobe

 
(@bloocheez3)
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Most parents dont give two craps either. I was working at EB when a mom came to the counter to buy GTA3 for her young son. I mentioned how violent and vulgar the game was but she was all "he knows its just a game..."
oook whatever.
Besides Gates has little to do with MS these days anyway.

 
(@cipher_strelok98)
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But did you still sell them the game?

 
(@Anonymous)
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It is not illegal to sell Mature games to minors. It is simply the policy of many stores.

Attempts to criminalize the selling of these games to minors has been attempted I think, nine times in nine states and has been declared unconstitutional every time in court.

Either this letter is a joke, this man is a joke, or both. The message is basically saying "The retailers of your game adhering to the ESRB's policy of ratings better have their workers follow store policy!" which has nothing to do Microsoft or anything worthy of thinking about.

Also, "hyperviolent"

EDIT: This would also be a good place to mention the VideoGame Voters Network for those who have not heard of it. It is a site created by the ESA, the founders of the ESRB, to help steer clear of any legislation which would help exactly what that letter seems to be influencing.

I know my current governor, who is interested in the presidency, wants to pass an act which will make the selling of an M, AO, or Unrated game to minors illegal.

 
 THS
(@ths)
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For the record, I think it is actually illegal to sell media to people below the stated age guidance in England (correct me if I'm wrong).

Also, to be perfectly honest, Grand Theft Auto (the original) was on of the first games I got for the Playstation - I must have been between 5 and 8 when I got it. This isn't entirely relevant, but hey, at least I'm not going on hyperviolent rampages!

 
(@stewie0015)
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My dad let me play Wolfenstein 3D when I was in Kindergarten, and I turned out fine...

lol, seriously, he did. And I'm in a fairly conservative family.

Should children be able to purchase these games? No. Can parent's decide to let their kids play? Sure. It's up to parent's to make sure their kids are mature enough to handle the games. (frick, I know 20 yr olds will less maturity than the average 8 yr old)

 
(@chibibecca_1722585688)
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*snickers at the deathnote* that'd explain so much if it was true. 😛

as for the letter? it's more high-profile attention seeking. sure, kids shouldn't be playing games so obviously not made for them, but he's going completely the wrong way about it.

 
(@Anonymous)
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I agree it should be the parents who approve of and buy the game for the minor, and not the minor himself. However, I feel that kind of decision is best left up to the family, and not the government.

 
(@sandygunfox)
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Child: The government didn't give birth to me. Why the hell are they raising me?

Seriously, this is the most mistargetted, misinformed, and missed up (I know, it's bad.) thing he's done in quite a while.

Though, for the record, buying M rated games is really easy at some stores. I know I bought a CD with explicit content and at least two M games at a Circuit City once...and I was like, 13 at the time.

 
(@toby-underwood)
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But that's Walmart's fault. If little Jimmy stabs you with a colored pencil, you don't sue Prismacolor.

~Tobe

 
(@sandygunfox)
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Hence mistargetted, misinformed, and mispun'd etc.

 
(@ultra-sonic-007)
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Jack Thompson is actually Daredevil, you know?

He's a laywer and blind as a bat.

 
(@craig-bayfield)
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As someone who lives in a country where it's illegal for people under 18 to buy "18" rated games, I fail to see why it's such a big deal to change the law.

I mean, it's not like parents wont stop buying games for their kids, it's just that now kids themselves wont be buying the game themselves and then Jack Thompson's only enemy is the parents who are subjecting the kids to this.

As far as I understand, it's illegal to sell pornography to a minor, so why should it be different with M/AO rated games?

Seriously... it does nothing but cut the ability to blame stores/kids for their exposure to these things and squares it entirely on the parent, who deserve it.

 
(@nukeallthewhales_1722027993)
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Actually there are two rating systems in the uk on games. PEGI (which is a euro based system) that can rate games up to 18 and the BBFC. Only BBFC have the legal standing for it to be illegal to sell 18/15/12 games to those under those age groups. PEGI 18 rated games can be sold to anyone, so 11 year old timmy could by the 18 rated game by pegi but not the 12 bbfc rated game (crazynesses). Which is why i think pegi should be scrapped and all games should be rated by bbfc (well in the uk).

 
(@toby-underwood)
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Craig, to be honest I just don't read any post related to Wacko Jacko anymore. He's proven himself a idiot so even when he does something that would make sense he does it in a way that is completely asinine. As such a just make some weak allusion to offing the bastard and call it a day.

~Tobe

 
(@stewie0015)
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I'd have to agree with Craig on this. It should be illegal to SELL these games to minors. That's why we have the rating system in the first place. Same with the movie industry. R rated movies are for those 17 and older... Unless an adult accompanies them.

Is it not also illegal for stores to sell cigarettes to minors?

It's not illegal for minors to smoke, or see R movies, or play M games. It's just that they are not old enough to "make a rational decision"...

 
(@shadow-hog_1722585725)
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I don't believe there IS a legality issue for R-rated movies, which is where the problem comes in: why M-rated games, but NOT R-rated movies...? Why can violent movies be okay while video games must inherently be regulated by the government, especially when the movies are, quite often, more gruesome than the video games of the same age-rating?

Also, while there's legislature in NY right now attempting to make it illegal to sell M-rated games, the minimum penalty for failing is three years in jail. Overreacting much?

 
(@stewie0015)
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lol, yes, that is a SLIGHT overreaction. That said, there are many crimes that seemingly get off too easy.

 
(@Anonymous)
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Quote:


It should be illegal to SELL these games to minors. That's why we have the rating system in the first place.


Incorrect. The ESA, founders of the ESRB, are against laws enforcing it in such a manner as discussed. Visit the ESA's www.videogamevoters.org/ site.

 
(@veckums)
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Not only that but it could kill freeware, trialware, homebrew, and even possibly virtual console gaming if they made it illegal to distribute an unrated game.

 
(@Anonymous)
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It needs to be mentioned that even though this law may seem relatively small in effect (I too believe parents can generally buy the games easily), due to Common Law, if this is passed it can be used as a precedent to pass laws much more restrictive of the First Amendment in the future.

So even if this tidbit of legislation doesn't seem like it's doing much of anything, it's a stepping stone in the path to Jack Thompson's wonderland.

 
(@sandygunfox)
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Jack Thompson is for the details.

Jack Thompson is a misinformed idiot.

Take both into account.

 
 THS
(@ths)
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(@aeva1688)
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I just realized something guys. Wacko Jacko does this so that one day, someone will assasinate him and he will appear as a martyr to the public and videogames will be forever banned.

 
(@thecycle)
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New York is so f--king stupid. They've passed a law making the sale to a minor of a violent videogame a class-E felony. Here are some other class-E felonies:

Attempted Vehicular Manslaughter in the 2nd Degree
Attempted Assault in the 2nd Degree
Aggravated Assault Upon a Person Less Than Eleven Years Old
Attempted Vehicular Assault in the 1st Degree
Vehicular Assault in the 2nd Degree

So, in the state of New York, selling a video game to a sixteen-year-old is just as bad as beating a ten-year-old to within an inch of his life, or trying to murder him with a car.

 
(@sandygunfox)
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Sucks to be in New York, then.

 
(@veckums)
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Kotaku comment:

Quote:


Violence isn't even the @#%$ issue. Back in my days as a video store clerk, parents didn't seem to give half a crap about violent content in videogames. My job was to talk them out of letting their 8 year olds rent stuff like GTA3, and they didn't seem to care about the violence.

The SEX however...

You could argue 'til you were blue in the face about how her 8 year old would be rewarded for killing people, stealing cars, blowing @#%$ up, and she couldn't care less. Just the mere mention of the word "prostitute" sends her into a bitter crusade against the world for subjecting her children to the notion of fornication.

So, absurd violence? A-OK!

Procreation? FIRE EVERYONE ASSOCIATED WITH THIS GAME!

Kinda interesting where we place our values, isn't it?


Illinois raids welfare to pay for failed video game violence legislation

On top of that, even though the judges declared the law unconsitutional, I don't like their use of God of War as an example. It's like they're saying that a law that results in banning of ancient Greek stories is somehow worse than any other law that involves censorship.

CALIFORNIA SECESSION NOW!

 
(@aeva1688)
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I'm continuing to buy into my own theory.

 
(@dreamer-of-nights)
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Quote:


Sucks to be in New York, then.


Tell me about it (not to mention TR).

 
(@abac-child)
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Jack's at it again! Now against a wii game!
digg.com/gaming_news/Jack_Thompson_calls_Manhunt_2_Wii_a_murder_training_device

Who will stop this madness?

 
(@Anonymous)
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If video games trained to kill, he'd be the first dead. :D

 
(@sandygunfox)
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If video games trained, I could drive a car!

But no, I'm still too lazy to learn how. Screw getting a license.

 
(@spite_1722585799)
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Quote:


If video games trained, I could drive a car!

But no, I'm still too lazy to learn how. Screw getting a license.


Lol same. I'm 21 and can't drive, although I have a car waiting if I ever get a license, I just really don't care. It's like I get my fix in racing games, the same way I get my fix killing people in video games so I don't have to kill real people.

Video games save people really. I play them so I don't get depressed, because what else in life is worth doing?

 
(@Anonymous)
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I'm not allowed to say

 
(@Anonymous)
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Video games save people really. I play them so I don't get depressed, because what else in life is worth doing?

You need to find a mate. Or outside.

 
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