I'd probably fall into both categories had KRC Research, who surveyed 1,001 U.S. adults earlier this month, had bothered to ask me. They didn't, though they did get a hold of a nice little cross-section of people, 52% who felt that video games were a good gift option given the current economy. The popularity of video games continues to grow, with the giving/receiving figure up 9% from 2007, with the number of women intended as game recipients jumping 31% from two years ago, or 47% of respondents.

"Computer and video games are topping holiday lists because they provide a superior entertainment value for the whole family," said Michael D. Gallagher, president and CEO of the ESA... "With 68 percent of American households playing computer and video games, U.S. consumers value the creative and innovative products the entertainment software industry produces and are seeking them out for themselves and to give as gifts."

Of course to most of us, these numbers mean nothing. I've been giving video games as gifts since I bought myself my first Sega Genesis. Wait, does gifting yourself count?

What makes old Doug worthy of standing alongside Sony's Ken Kutaragi and Nintendo of America founders Howard Lincoln and Minoru Arakawa? Lowenstein founded the ESA, the industry's most important and influential trade body, which helped establish video games as a respected cultural force. He helped lead the industry through rough times, combating the unconstitutional video game bills that the government considered following the wake of the Columbine school massacre. From the founding of the ESRB to the launch of E3, Lowenstein was there.

Plus, he's rather humble.

"This Lifetime Achievement Award represents the greatest professional honor I have ever received and I am grateful beyond words to the AIAS," said Lowenstein. "To be honored for doing a job I loved, and fighting for values I deeply hold on behalf of an industry and people I felt privileged to represent, let alone to be in the company of Howard Lincoln, Minoru Arakawa, and Ken Kutaragi, is profoundly humbling."

Lowenstein retired from his position as ESA president in 2006, but his contributions to the industry will be felt as long as we continue playing. Wise choice, Academy of Interactive Arts & Sciences.

The ESA's study said 54 were added since 2008, a 27 percent rise in the number of video game-related degree programs in the U.S. Among states, California quite expectedly offers the most video game-related degrees, at 46 institutions, with the University of California-Irvine recently establishing a center for games and virtual worlds research. New York, Texas and Florida are the other leading states, in that order.

The utility of these programs extends beyond game creation; the ESA also said a poll found that 70 percent of "major employers" use some form of interactive software, including games, in employee training. Of those, three-fourths expect to expand their usage of such methods in the next three to five years.

Like any popular and growing field, graduates can certainly expect to find a competitive jobs environment. But the growth and the mainstreaming of programs built specifically for game design show the industry's deepening acceptance by and impact to big business in America.

More Colleges than Ever Offering Gaming Degrees [CNET]

In the ESA's last fiscal year, state legislatures introduced 43 bills that would have regulated the content or access to video games. No bill regulating sales became law. The most notable failures came in Utah, California and New Mexico.

Not all of the ESA's relationships with state lawmakers are so antagonistic. The annual report also touts the three states - Alabama, Georgia and Michigan - that enacted tax incentives to lure video game development, and another 17 states still considering the idea.

At the federal level, the game industry's top lobby focused on copyright and IP protection, and also beat back efforts at game content regulation. Internationally, piracy remains a top concern to the ESA; it says it sent takedown notices to ISPs that covered "more than 45 million instances of infringement of member company games in more than 100 countries world wide."

The ESA added seven members, including Southpeak Interactive, XSEED Games and Koei Corp. The 160,000-member Video Game Voters Network, sponsored by the ESA, was also highlighted in the report. The VGVN organizes letter-writing campaigns to elected officials and candidates whenever legislation or political sentiment threatening games pops up.

You can grab the entire report [pdf] here

The suit challenges the transit authority's prohibition against advertising computer and video games rated Mature or Adults Only. There is no such prohibition against advertising R-rated movies, mature TV shows or music.

The association says the ban is a violation of the guarantees of free speech under the First Amendment to the United States Constitution.

"The CTA's ordinance constitutes a clear violation of the constitutional rights of the entertainment software industry," said Michael D. Gallagher, CEO of the association. "Courts across the United States, including those in the CTA's own backyard, have ruled consistently that video games are entitled to the same First Amendment protections as other forms of entertainment. The CTA appears unwilling to recognize this established fact, and has shown a remarkable ignorance of the dynamism, creativity and expressive nature of computer and video games. The ESA will not sit idly by when the creative freedoms of our industry are threatened."

The ordinance was enacted in January, hitting just months after the authority reached a settlement with Rockstar Games that allowed the company to advertise Grand Theft Auto IV on their billboards for six weeks, as part of a settlement.

A similar ordinance was overturned in Denver in 2007.

The association's suit contends that the new Chicago ordinance unconstitutionally "restricts speech in a public forum that is otherwise open to all speakers without a compelling interest for doing so." and that the ordinance "impermissible discriminates on the basis of viewpoint and ignores less restrictive means of achieving the supposed ends of the ordinance."

We've contacted the Chicago Transit Authority for comment and will update if and when they respond.

The Red Cross blood drive taking place on Thursday, June 4th is only the tip of the crimson iceberg as far as the ESA's charity plans at this year's E3. Along with the massive bloodletting (which requires donors sign up for an appointment at www.givelife.org using sponsor code "E3"), the ESA will also be holding events that benefit our military forces abroad and Los Angeles' homeless population.

Between now and May 14th the ESA is accepting entries for their E3 Expo 2009 T-shirt Contest. Designers can submit their entries to esa@theESA.com, with the winning design being unveiled on June 2nd. The shirts will be on sale at the show and via the E3 website, with a portion of the proceeds going towards The Midnight Mission, a Los Angeles-based organization that provides services for the area's homeless.

Finally, the ESA teams up with the non-profit military support organization "Pro vs. GI Joe", allowing attendees to record personalized video game challenges to U.S. troops overseas. Military personnel will be able to review and accept game challenges, giving them a much-needed break from action as part of their "GI Joe Throw" program.

I'll see if I can maybe donate a pint of blood or two while I'm there, but considering how busy the show is going to be for us I might need to hang on to what I've got.

It still amazes me that the ESA has an ever-growing roster following the rash of companies leaving last year, but the ESA continues to take smaller publishers into the fold. Just last week they added Trion and XSEED in a double announcement, and now they score a triple play with Crave, KOEI, and Playlogic. Why so many new additions?

"Our growing membership is a reflection of the ESA's valued and successful work on the key public policy issues facing the entertainment software industry," said Michael D. Gallagher, CEO of the ESA. "Crave Entertainment, KOEI and Playlogic are key partners in leading that effort, and I am pleased to welcome them to the ESA."

To put it simply, smaller companies can benefit from the ESA's support, while the larger ones can handle things on their own.

Her experience, touted by ESA chief Michael Gallagher when she was hired, turned out to be lacking according to some reports. Manner apparently did not have "extensive" experience with Capitol Hill or White House figures according to the National Journal, an A-list Washington insider publication.

Gamesindustry.biz pointed out that Gallagher cited Manner's "wealth of policy experience, particularly in the broadband space," in the announcement of her hiring on Feb. 18. That may be, but something wasn't working out, and the two have parted ways. The ESA confirmed the separation and said a search for a replacement is underway.

ESA Government Lobbyist Out after Two Months [GamesIndustry.biz]

"Piracy is the single greatest threat to the development and release of innovative and creative entertainment software that consumers demand and enjoy. It's a job killer in an economy that needs millions more jobs, not less," said Michael D. Gallagher, CEO of the ESA, which represents U.S. computer and video game publishers. "This decision confirms that the harm being inflicted on creators of digital works by BitTorrent sites like The Pirate Bay will not be tolerated, and that such actions are subject to criminal sanctions."

The ESA also points to their own report on piracy rates in Western Europe. During December 2008, users downloaded 6.4 million illegal copies of just 13 games, according to the report. The total number of completed downloads made of the two most popular titles during December was 4.7 million.

505 Games is the third new member of the ESA to join this year, together with Natsume and Southpeak bringing the organization's roster up to 23 companies. The smaller North American offshoot of a larger European publisher, so far 505 Games' U.S. contingent has managed to release Hotel for Dogs and...well that's pretty much it.

"505 Games joins a diverse group of entertainment software companies all working toward the same goals," said Michael D. Gallagher, CEO of the ESA, which represents U.S. computer and video game publishers. "We are glad we can add 505 Games' creativity and ideas to the ESA's efforts to promote the computer and video game industry."

Ideas like hey, let's release a game based off that Hotel for Dogs movie! I just hope their sheer creativity doesn't prove too overwhelming.

Natsume is the second publisher to sign with the ESA this year, after SouthPeak signed up earlier this month. This follows a string of companies leaving the organization last year, perhaps due to wildly increasing membership fees.

"It's important to partner with an organization which not only acts as the voice for the video game industry, but also reflects the mission and goals we have established for our company," said Hiro Maekawa, President and CEO at Natsume. "We are pleased to join the ESA and are excited to collaborate on upcoming programs and activities such as the 2009 E3 Expo."

With the return of the E3 Expo this year, I expect to see more and more companies signing on with the ESA leading up to the the June event.

The ESA may have increased their fees to ridiculous levels over the past few years, but that hasn't stopped SouthPeak Interactive from signing on with the industry trade organization.

"Our industry needs a strong and active trade organization and we are pleased to support that effort," said Richard Iggo, Vice President of Marketing for SouthPeak Interactive. "We look forward to participating in the many programs and opportunities provided by the ESA."

Ironically, SouthPeak is the company that purchased Gamecock last year, the company that heralded the death of the ESA's E3 trade show in 2007 with a massive parade of sweaty journalists.

In the fourth quarter alone the industry trade group spent $1,1 million. The money was spent in lobbying efforts of both chambers of Congress on broadband development, online gaming and immigration issues.

While that's a 25.6 percent increase from 2007, there was also more than an 16.7 percent increase in the industry's sales in 2008, according to an ESA press release.

Overall computer and video game industry hardware, software and peripheral sales climbed from $18.85 billion in 2007 to $22 billion in 2008, with software sales making up $11.7 billion of the total.

"Even in difficult economic times, the video game industry continues to support our country’s local, state and national economies with record-breaking sales figures and rapid technological innovation,” said Michael D. Gallagher, president and CEO of the ESA, about the increase in 2008 sales. “Our industry’s exceptional creators, artists, and storytellers, coupled with a commitment to providing unparalleled entertainment, have fueled high-octane growth, turning video games into the most sought-after medium on the market today.”

In 2008, family-friendly video games dominated the market, with games that the Entertainment Software Rating Board rated “Everyone 10+” and lower accounting for over half of all sales. Games rated “T” for “Teen,” meanwhile, accounted for 26.7 percent of all sales, while “Mature (M)” games made up only 15.9 percent of the market.

ESA Spent Record $4.2 Million Lobbying In 2008 [Gamasutra]

Game Politics spoke with the ESA, who confirmed that the MMO publisher had followed the likes of Activision, ID, Crave, and Codemasters, choosing not to renew their ESA membership.

We can confirm that NCsoft decided not to renew its ESA membership. We respect their decision and remain committed to serving the public affairs needs of the computer and video game industry.

NCsoft have been in a bit of trouble lately, with layoffs, the closing of Tabula Rasa, and the departure of gaming legend Richard Garriott. As Game Politics points out, quitting the ESA is most likely a further cost-cutting measure for the beleaguered company.

Has NC Interactive Left the ESA? [Game Politics]

“We commend the U.S. Department of Justice Criminal Division’s Computer Crime and Intellectual Property Section, the U.S. Attorney’s Offices for the Western District of North Carolina and the Eastern District of Virginia and the Federal Bureau of Investigation for their work in bringing these criminals to justice,” said Michael D. Gallagher, CEO of the ESA... “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.”

It's just another friendly way of saying don't f*** with the ESA.

ESA APPLAUDS PRISON SENTENCES FOR NEW YORK AND FLORIDA GAME PIRATES

August 28, 2008 – Washington, DC – The Entertainment Software Association today applauded the recent sentencings of two convicted pirates to significant prison time. These rulings send a clear message that intellectual property theft and game piracy are serious offenses. On August 20, 2008, U.S. District Judge Frank D. Whitney in the Western District of North Carolina sentenced Kevin Fuchs of West Amherst, NY, to eight months in prison, to be followed by eight months of home confinement during two years of court supervision. On August 15, 2008, U.S. District Judge T.S. Ellis III in the Eastern District of Virginia sentenced Kifah Maswadi of Oakland, FL, to fifteen months in prison, followed by three years’ supervised release and fifty hours of community service. Maswadi was also ordered to pay $415,900 in restitution.

“We commend the U.S. Department of Justice Criminal Division’s Computer Crime and Intellectual Property Section, the U.S. Attorney’s Offices for the Western District of North Carolina and the Eastern District of Virginia and the Federal Bureau of Investigation for their work in bringing these criminals to justice,” said Michael D. Gallagher, CEO of the ESA, the trade group representing U.S. computer and video game publishers. “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.”

On January 3, 2007, Fuchs plead guilty to conspiring to reproduce and distribute copyrighted works, including entertainment software. Fuchs played a key role in the “warez scene” where he was a “supplier,” whose role was to obtain pre-release copies of copyrighted software, and a “tester” who checked the functionality of pirated software after the copy protection was removed or bypassed by other warez scene members. This case was part of Operations Fastlink and Site Down, two of the largest piracy investigations conducted by the Federal Bureau of Investigation and the Department of Justice. The operations targeted “warez groups,” which illegally distribute copyrighted movies, games, software and movies online.

The Federal Bureau of Investigation field office in Charlotte, NC, handled the investigation of defendant Fuch’s activities. Trial Attorneys Richard D. Green and John Zacharia of the U.S. Department of Justice Criminal Division’s Computer Crime and Intellectual Property Section, Assistant U.S. Attorney Eric Klumb, along with Assistant U.S. Attorney Corey Ellis of the Western District of North Carolina, handled the prosecution.

The Fuchs sentencing comes on the heels of a fifteen month sentence imposed on a Florida game pirate. On June 3, 2008, Kifah Maswadi pleaded guilty to one count of criminal copyright infringement. He admitted to selling “Power Players,” which are game systems that connect directly to a television and were pre-loaded with at least 76 pirated copies of video games. From 2006 to 2007, Maswadi sold these game systems containing illegal copies of games via the Internet and earned more than $390,000 through this illegal activity. Maswadi was facing up to three years in prison but received a reduced sentence for cooperating with the government.

The Federal Bureau of Investigation field offices in Washington, DC, Tampa, FL, and Jacksonville, FL, handled the investigation of defendant Maswadi’s activities. Assistant U.S. Attorney Jay V. Prabhu and Trial Attorney Tyler G. Newby of the U.S. Department of Justice Criminal Division’s Computer Crime and Intellectual Property Section handled the prosecution.

The Entertainment Software Association is the U.S. association dedicated to serving the business and public affairs needs of companies publishing interactive games for video game consoles, handheld devices, personal computers, and the Internet. The ESA offers services to interactive entertainment software publishers including a global anti-piracy program, owning the E3 Media & Business Summit, business and consumer research, federal and state government relations, First Amendment and intellectual property protection efforts. For more information, please visit www.theESA.com.

# # #

“The ESA Foundation is committed to helping improve the lives of young people,” said Jenny Lai, Vice President of the ESA Foundation. “The proceeds of this event will allow us to give back even more and enable students from across the country to pursue studies in computer and video game development and design.”

The competition will pit gamers in a collection of single-elimination events featuring Rock Band 2, Madden 08, I-Play Bowling and Super Smash Bros. The event's $20 entry fee will go toward the ESA Foundation Scholarship Program.

The program assists women and minority students continuing their education in video game development, including those studying graphic design, computer science, animation, programming, digital entertainment or software engineering. The Foundation’s scholarships are awarded annually to full-time students at accredited four-year colleges and universities.

The competition will run from 6 to 10 p.m. on Wednesday, Sept. 17 in the ballroom of the Four Seasons Hotel Austin.

Prizes for the event include cash, video games, t-shirts, caps, gaming accessories, video game collectibles and 3D art which will be awarded to the first and second place winners for each game title, plus two grand prize winners for overall score, excellence and sportsmanship.

LEVEL UP CHARITY GAMES COMPETITION TO BENEFIT THE ESA Foundation

Austin Event Will Support Foundation’s Scholarship Program for Future Video Game Developers

WASHINGTON, D.C. – The ESA Foundation will be the beneficiary of the upcoming Level Up Charity Games competition in Austin, Texas, the charitable organization announced today. Proceeds from the September 17 event will support the ESA Foundation’s Scholarship Program, which provides tuition assistance to women and minority students studying video game subjects.

“The ESA Foundation is committed to helping improve the lives of young people,” said Jenny Lai, Vice President of the ESA Foundation. “The proceeds of this event will allow us to give back even more and enable students from across the country to pursue studies in computer and video game development and design.”

Hosted by game industry partner GameRecruiter, the Level Up Charity Games competition will take place during the Austin Game Developers Conference at the Four Seasons Hotel Austin. The event is open to gamers of all ages and types and the competition will feature four popular game titles: Rock Band 2, Madden 08, I-Play Bowling and Super Smash Bros. Brawl.

The event’s $20 per competitor entry fee will benefit the ESA Foundation Scholarship Program. The program assists women and minority students continuing their education in video game development, including those studying graphic design, computer science, animation, programming, digital entertainment or software engineering. The Foundation’s scholarships are awarded annually to full-time students at accredited four-year colleges and universities.

"We have a long-standing commitment to supporting the educational needs of minority and female students who are interested in being part of the video game industry,” said Marc Mencher, CEO of GameRecruiter. “By providing this support to the ESA Foundation’s Scholarship Program, we hope to allow deserving individuals to further their education and expand workplace diversity within our industry.”

The Level Up Charity Games are scheduled from 6 to 10 p.m. on Wednesday, September 17, with early registration beginning at 5 p.m. The event will be staged in the ballroom of the Four Seasons Hotel Austin, which is located at 98 San Jacinto Boulevard, directly across the street from the Austin Convention Center, the site of the Austin Game Developers Conference.

Competitors are invited to come and play for prizes, including cash, video games, T-shirts, caps, gaming accessories, video game collectibles, 3D art software and more. Each player has opportunity to play in single elimination competitive play. Prizes will be awarded to the first and second place winners for each game title, plus two grand prize winners for overall score, excellence and sportsmanship.

The event’s co-sponsors include MTV Games, IGN.com, Obsidian Entertainment, McDonald's, Southwest Airlines, Powered by Game Spy, Havok, TransGaming, I-play, 1-up Network, Belkin International, DAZ 3D, Bethesda Softworks and Petroglyph Games, with game competition elements sponsored by Midnight Gaming Championships.

The ESA Foundation was created by the American interactive entertainment software industry to support and provide opportunities that can make a difference in the lives of America’s youth. One of the foundation’s key efforts is scholarship program that assists women and minority students studying for careers in the video game industry. For more information about the ESA Foundation and its programs, please visit www.theESA.com/foundation.

With a 2-decades-long history of recruitment specializing in unique and unadvertised opportunities focused exclusively in games, GameRecruiter has earned an international reputation for recruiting the technical, production, and executive staff who build game industry companies and make game history. For more information about GameRecruiter and the Level Up Charity Games Competition, please visit www.gamerecruiter.com or www.levelupcharitygames.org.

Doroshow, who start his new position at the ESA in September, replacing Gail Markels who was let go when the ESA's New York office was shuttered in March.

“The ESA continues to attract and recruit the brightest individuals. Ken has remarkable expertise in the protection of intellectual property and an excellent understanding of the increasingly connected, dynamic, and innovative entertainment environment we live in,” said Michael D. Gallagher, CEO of the ESA, which represents U.S. computer and video game publishers. “The computer and video game industry will be well-protected with Ken’s guidance and I know he will help facilitate our growth to even greater heights.”

One can't help but wonder if Doroshow's appointment, the announcement of which comes on the heels of some pretty draconian piracy enforcement in the UK, could signal a change in the approach the world's software associations, including the Entertainment Software Association, is taking in their anti-piracy efforts.

ESA TAPS FORMER RECORDING INDUSTRY EXECUTIVE, KENNETH DOROSHOW, AS NEW GENERAL COUNSEL

AUGUST 19, 2008 - WASHINGTON, DC – Kenneth Doroshow, former executive at the Recording Industry Association of America (RIAA) and senior counsel to the United States Department of Justice, is the Entertainment Software Association’s (ESA) new General Counsel, the association announced today. Doroshow will start his new position at the ESA in September.

“The ESA continues to attract and recruit the brightest individuals. Ken has remarkable expertise in the protection of intellectual property and an excellent understanding of the increasingly connected, dynamic, and innovative entertainment environment we live in,” said Michael D. Gallagher, CEO of the ESA, which represents U.S. computer and video game publishers. “The computer and video game industry will be well-protected with Ken’s guidance and I know he will help facilitate our growth to even greater heights.”

Doroshow served as Senior Vice President, Litigation and Legal Affairs for the RIAA, the trade group that represents the U.S. recording industry. As the head of the RIAA’s litigation department, he led efforts to protect the copyrighted works of recording artists and managed cutting-edge anti-piracy lawsuits against companies like LimeWire, Usenet.com and AllofMP3.com.

“Ken has been such a solid and dynamic leader at the RIAA. His spirit, diligence, intelligence and legal capacity made him a very special part of our team and we know he will be an outstanding addition to the ESA senior management,” said Mitch Bainwol, chairman and CEO of the RIAA. “We’ll miss Ken, but look forward to working together for years to come advancing the interests of content innovation.”

Before joining the RIAA, Doroshow was Senior Counsel with the Computer Crime and Intellectual Property Section of the United States Department of Justice. Charged with responsibility as a criminal prosecutor and manager of international criminal intellectual property enforcement policy, he played a key role in the largest-ever multinational criminal investigation of software piracy over the Internet.

“The copyright community is fortunate to have strong advocates in Washington at a number of trade associations who are working on their behalf, and I am so pleased to see one of these seasoned professionals continue this work to the benefit of the entire creative community. Ken brings a wealth of intellectual property knowledge and experience to the Entertainment Software Association,” said Patrick Ross, executive director of the Copyright Alliance. “He has worked in multiple facets of the copyright industries and will be a knowledgeable addition to the ESA. The Copyright Alliance looks forward to continuing to work with Ken in this new role.”

Doroshow graduated from Cornell Law School and clerked for the Honorable Joseph L. Tauro of the U.S. District Court for the District of Massachusetts. Prior to his service with the Department of Justice, Doroshow was with the litigation practices of the Washington, DC law firm Covington & Burling and the Washington office of New York firm Weil, Gotshal & Manges.

The Entertainment Software Association is the U.S. association dedicated to serving the business and public affairs needs of companies publishing interactive games for video game consoles, handheld devices, personal computers, and the Internet. The ESA offers services to interactive entertainment software publishers including a global anti-piracy program, owning the E3 Media & Business Summit, business and consumer research, federal and state government relations, First Amendment and intellectual property protection efforts. For more information, please visit www.theESA.com.

###

The California game law was terminated in federal court last year. The state, never the brightest of the bunch, is currently pursuing an appeal.

CALIFORNIA REIMBURSES TRADE GROUP OVER $280,000 FOR ATTORNEY’S FEES

AUGUST 5, 2008 - WASHINGTON, D.C. - The state of California today reimbursed the Entertainment Software Association (ESA) $282,794 for attorney’s fees. The monies were received after the state attempted to defend an unconstitutional law restricting the constitutional rights of video game publishers, developers and consumers.

“California deserves more from its legislators than pursuing flawed legislation. State employees are facing pay cuts. California’s services are being scaled back. And, anxiety is rising in Sacramento to find funds,“ said Michael D. Gallagher, CEO of the ESA, the trade association representing U.S. computer and video game publishers. “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.”

The ESA noted that this payment comes at an especially troubling time for the state, calling to mind other pressing budgetary and legislative priorities and issues, including:

* California is currently facing a $15-billion budget gap[1]
* More than 10,000 California state employees were laid off last week in light of the budget crisis[2]
* Governor Schwarzenegger is seeking to cut wages for nearly 200,000 state employees[3]
* The state already cut 10 percent to its Medicaid reimbursement rate and deferred payments to vendors[4]

“Caregivers are not well-served by court battles and legal fees. Rather, they would have been far better off if state officials worked together with our industry to raise awareness about video game ratings and the parental controls available on all new game consoles—both of which help ensure that the games children play are parent-approved.”

On August 6, 2007, Judge Ronald M. Whyte ruled in favor of the ESA's Motion for Summary Judgment, permanently enjoining enforcement of the California video game law that regulated the sale of computer and video games in that state. Judge Whyte acknowledged that video games are protected by the First Amendment and found there was no evidence that playing violent games results in real world violence. The state currently is appealing this decision.

“It is unfortunate that the state is stubbornly pursuing an appeal that is likely to lead to even more court-awarded fees,” concluded Gallagher.

The Entertainment Software Association is the U.S. association dedicated to serving the business and public affairs needs of companies publishing interactive games for video game consoles, handheld devices, personal computers, and the Internet. The ESA offers services to interactive entertainment software publishers including a global anti-piracy program, owning the E3 Media & Business Summit, business and consumer research, federal and state government relations, First Amendment and intellectual property protection efforts. For more information, please visit www.theESA.com.

###

Coasting right there along with the complaints was a building buzz that next year's E3 was going to have to undergo some mammoth changes. Just how mammoth? According to a number of well connected sources I spoke with during the show, there's considerable thought going into opening the doors, this time officially, to the public at next year's big event.

Reached for comment earlier today, the Entertainment Software Association had this to say:

"The ESA is currently in the process of receiving feedback and will make an announcement about the 2009 E3 Media & Business Summit at an appropriate time."

My two cents? I find Leipzig's Games Convention to be the best format going for large gaming events. In the big Europe-centric show you have a number of mammoth halls showing off the best and brightest gaming has to offer to the public. You also have a hall or two dedicated solely to the press where writers and reporters can have quiet meetings and interviews with developers, producers and businesses types. The best part for a working journalist? Being able to do your interviews with the movers and shakers of the industry and then walk five minutes to get a chance to talk to the people who play those games. It's like reporting nirvana.

Come on ESA, follow suit.

The bill takes effect in 2010.

"The state has ignored legal precedent, common sense and the wishes of many New Yorkers in enacting this unnecessary bill," said Richard Taylor, senior VP of communications and research for the Entertainment Software Association. "This government intrusion will cost taxpayers money and impose unconstitutional mandates for activities and technologies that are already voluntarily in place. It also unfairly singles out the videogame industry over all other forms of media."

Laws that try to enforce the ratings system by providing fines against retailers have been ruled unconstitutional over and over again — just look to states such as in California, Oklahoma, Louisiana, Illinois and Minnesota for examples. In those cases, the ESA ended up collecting hefty damages from the states — at taxpayer expense.

"One wonders where this overreach by government in New York will end," said the ESA's Taylor. "If New York lawmakers feel it is the role of government to convene a government commission on game content, they could next turn to other content such as books, theater and film."

The bill was part of a group of public safety bills that the governor signed as a "package"; the official announcement from the New York Governor's Office follows. The part about the video game bill is in bold:

GOVERNOR PATERSON SIGNS PACKAGE OF BILLS THAT WILL PROTECT THE PUBLIC SAFETY AND RIGHTS OF NEW YORKERS

Includes Reforms to Protect Children and Adults in Residential Care and “Jonathan’s Law” Extension

A New Law Will Protect Children by Automatically Revoking Teaching Certificates from Educators Convicted of Sex Crimes

New Law Will Expand Access to Civil Orders of Protection to Victims of Abuse

Governor David A. Paterson signed a package of bills, many of which are focused on public safety and protecting the rights of New York residents. Among the more than three dozen bills signed into law by Governor Paterson, some will enhance protections for children and adults in residential care, revoke teaching certificates for educators who are convicted of sex crimes and ensure the State will explore the negative effects of violent video games.

“We have the obligation to be constantly vigilant about amending our laws to protect the residents of New York State. Many of these bills will do just that by closing loopholes or creating new laws to enhance the quality of life for all New Yorkers,” said Governor Paterson. “The first duty of government is to provide a safe society for our resident to live, work and raise their families. These new laws will enhance the protections afforded to the citizens of this state and will address gaps in protection that have existed for years. I applaud the Legislature for working with me and my staff to reach agreements on fixing these problems.”

Governor Paterson has also signed a new law (S.8665 / A.11707), which will expand access to Civil Orders of Protection, allowing a person who is or was in an intimate relationship with an abuser – even though not related to that person – to seek an order of protection in family court. This substantially expands protections for victims, who for a variety of reasons may be unwilling to press charges in criminal court.

Another specific package of reforms – consisting of four bills – will represent a significant improvement for adults and children who live away from their families in residential care, particularly in mental hygiene facilities. The package includes: enhancing the standards used to determine if child abuse or neglect has occurred in residential facilities (S.8534-A / A.11753); extending the time period for retroactive requests for information under Jonathan’s Law (S.8389-A / A.10897-A); prohibiting the withholding of food or hydration from residents of mental hygiene facilities (S.8551-A / A.11482-A); and making recommendations as to appropriate work hours for direct care employees in mental hygiene facilities (S.8679-A / A.11757).

Two other bills signed by Governor Paterson are directly aimed at protecting children: A.11500-A / S.8553 automatically revokes the teaching license of any school official who is convicted of a sex offense; A.11717 / S.6401-A establishes an advisory council to conduct a study on the connection between interactive media and real-life violence in minors exposed to such media. This bill will also require new video game consoles to have parental lockout features by 2010, and mandate that games sold at retail disclose the ratings obtained from the gaming industry's voluntary rating system.

In addition to these bills, Governor Paterson signed another 31 bills relating to criminal justice and the judiciary, as well as education issues and business and finance.