One of the main concerns of ECA members was the removal of the Amazon.com membership benefit, which offered 10% off of game purchases at the popular online retailer. According to Halpin, this is where the trouble began.

"Within a relatively short period of time, some of the new members found an exploit in one of our partners' promotional codes and spread the word. The partner tried to resolve the situation, during which time we removed any references to the program, but ultimately it was decided that the offer be terminated. We advised members as soon as we were aware and reassured them that we were working on additional offers with new partners."

It was around that same time period that the ECA website was updated, implementing a opt-out functionality that was never intended to go live. "We updated our website during the same time frame in a long planned for Content Management System upgrade and an inactive back-end feature became visible, which looked to give some members the option to opt-out of the association," Halpin explains. "We were alerted to the error and removed the non-functioning feature immediately. Because it was viewable and then removed, those same few members became concerned that it was a feature that had been live all along and was suddenly removed. We then attempted to explain the situation and allay their concerns."

It was these two situations in tandem that led to the ECA enforcing its original policy of requiring members to cancel their memberships via mailed letter.

"There were then concerns about the auto-renew structure of our payment system and business model related to that same function. We explained that we are working on ramping up infrastructure to become more automated going forward, but due to a small but active number of members who were repeatedly joining, leaving and re-joining the organization – in an effort to exploit our member benefits and unduly take advantage of our partners' generous offers – we would require a mailed letter, as per our membership agreement. "

Halpin goes on to suggest that the majority of complaints to the Better Business Bureau and personal financial institutions were exploiters, angered at the measures taken to thwart them, ominously pointing out how seriously banks take fraudulent fraud reports.

"Needless to say, (the letter requirement) incensed the exploiters who then contacted the Better Business Bureau (BBB) and their personal banks to report that we attained their membership under fraudulent conditions, in effect committing fraud themselves. Upon investigating the opened investigations, the respective banks and BBB all found ECA to be soundly reputable. We understand that several of the banks have since opened fraud investigations into their customers and that they take such matters very seriously."

So in a nutshell, the ECA response to the membership matter is that the majority of official complaints have come from people trying to exploit the organizations benefits. Halpin's statement ends with a reminder of the important work the ECA does, and a thank you to the dedicated members of the organization for understanding its policies.

"Over the past few years, membership in the ECA has grown substantially, the primary reason for which is directly attributable to the important work done by the association, partnerships formed with coalitions, parallel trade associations and corporations, all eager to help defend the rights of game consumers. We have added many valuable benefits for members including discounts on games-related goods and services, purchases and rentals and a whole host of additional affinity benefits. We have several retail partners who offer significant promotions and several more, which are in the process of being finalized. It is important to note that the number of members who were/are involved in this unfortunate issue is very small and not representative of the organization as a whole. We sincerely thank the dedicated ECA members and the gaming community for their understanding and support on this matter and we look forward to continuing to grow the organization to suit the needs of the consumers."

Halpin's statement does a fine job of explaining the situation, though it might not be enough to assuage the concerns of members in good standing who've worked themselves into a fury over these issues. Looking at it in a certain light, it accuses those complaining of being exploiters, which might not go over well.

One thing is certain. Once all of this blows over, only those people who really want to be in the ECA will likely remain. Where do you stand?

Halpin, the Entertainment Consumers Association's president, deployed the lightning bolt with ruthlessness on fellow racers attempting to jump the gorge on the stadium track. "Like my character [Wario], I rarely hesitated in sending other racers off the cliff," Halpin answered.

Todd Howard, the executive producer at Bethesda Game Studios, came up with a failsafe against his men getting mind-controlled by aliens in X-Com. Since they dropped their weapons under an alien spell, he equipped them with live grenades that, when dropped, went boom. No more mind control problem. No more soldiers, either, but that's their problem.

Of course, there's a lot of evil done in the Sims (a franchise with a capacity for cruelty unlike many others), Knights of the Old Republic, and plenty of RPGs, for that matter. One guy even gratuitously shot up all the cows in Call of Juarez. Check it out. And tell us about all the innocent people you've wasted with a headshot, down in the comments.

The Evil Things We Do [Bitmob]

UPDATE: From a forum admin at the ECA, it seems the discount codes they're handing out now are one-time use only. The ECA describes this as a glitch - "the module we are using that only distributes one time use codes, such as for our GameFly promotion." They intend to fix it shortly. You can read the full statement here.

Curious that we're hearing of this as an oh-by-the-way that ECA prez Hal Halpin dropped in a GDC interview. I'd think they'd want to blast a news release far and wide on it. But it's out there now, and if you buy 2 games a year on Amazon, the membership's basically paid for itself.

The ECA is the closest thing there is to a gamer's lobby. So if you appreciate their advocacy, you can back it, and get something back from it, too.

ECA Membership Now Brings Game Savings at Amazon.com [Ars Technica]

"While I haven't agreed with much of what he has said in the past, he alone among legislators was responsible for effecting non-legislative change in our business and he did it with a lot of class, I might add" Halpin said.

Halpin said that comes from a meeting with Lieberman back when Halpin headed the Interactive Entertainment Merchants Association, the one in which Lieberman asked retailers to card for mature purposes, and Halpin's group agreed. "The IEMA retailers saw that as the gold standard and met the challenge head-on and reacted quickly and efficiently – changing the way in which games were sold, forever," Halpin said.

You might resent some of the things Lieberman has said about the cultural value of video games, but Halpin's right, non-legislative, self-policed solutions are definitely preferable to nothing and, if effective, can ward off future regulatory attempts (especially at the state level) by arguing they're redundant to what's already in place. (In addition to the larger censorship arguments).

Also in the interview, Halpin weighs in on everyone's favorite hot-button topic of late, the resale of used games.

I understand the concerns that developer friends of mine have about not getting a second bite of the apple, a phrase they borrow from their filmmaking counterparts. In the movie business, they produce a theatrical version and then DVD, Blu-ray, Video on Demand (VoD), PSP and pay-per-view versions… hence second (and more) bites at the apple. With games as media, there’s often only a single swipe opportunity. They don’t view multiple platforms, or SKUs, as multiple bites. They just see rental and used as businesses in which they don’t get to participate. And while I understand and appreciate their perspective – having debated the subject on countless trade show panels and with developer friends – I’m still not convinced that rental and used are bad for the sector. We’ve witnessed how rental has provided a low-cost venue for people to try before you buy; same for used. We’ve also used those two distribution outlets to show investors and analysts that we’re relatively recession-proof BECAUSE they exist as low cost entry points for consumers. It seems a bit disingenuous to me that we then turn around and condemn those same outlets, after accepting the institutional investor’s money. Going forward, I’m sure that the industry will figure out ways to add value to the first sale so that it becomes less impactful though.

Decent read for a slow Sunday morning.

My Dinner with Halpin [Crispy Gamer, via GamePolitics]

“With a thriving gaming community already present and growing in Canada, we are proud to extend the opportunities and benefits that our U.S. ECA members have been enjoying over the years,” said Hal Halpin, president of the ECA. “Canada is an important area of growth for us and we are excited to welcome Canadian gamers who are interested in community and any issues that affect gamers.”

Interested Canadians can head over to the official ECA website to sign up for membership. Good luck and god speed, brave neighbors to the north.

The Entertainment Consumers Association (ECA) Crosses the Border and Expands Into Canada
Non Profit Organization Opens up Membership Opportunities to Benefit Canadian Gamers

WILTON, Conn.—(BUSINESS WIRE)—The Entertainment Consumers Association (ECA), the non-profit organization that represents video game enthusiasts, today announced they have begun offering membership opportunities to gamers and consumers who reside in Canada. Canadians who sign up to become ECA members can now take advantage of a host of discounts and benefits and will be immediately plugged into an extremely active social network of gamers that want to give their passion a voice.

“With a thriving gaming community already present and growing in Canada, we are proud to extend the opportunities and benefits that our U.S. ECA members have been enjoying over the years,” said Hal Halpin, president of the ECA. “Canada is an important area of growth for us and we are excited to welcome Canadian gamers who are interested in community and any issues that affect gamers.”

The ECA will soon be unveiling a host of unique benefits and programs that will be specifically targeted towards Canadian consumers. Canadian chapter organizations are already underway in local gaming communities and these newly-formed networks will continue to grow and offer a great way for videogame players to stay informed and connect with like-minded ECA members in their area.

For more information on the ECA or to take action and sign up for membership, please visit: www.theeca.com.

Over at the Escapist, they're taking a look at the future of gaming — Hal Halpin, president of the Entertainment Consumers Association, looks at a number of 'maybe, maybe not' predictions with his own take. Ranging from the mundane ('Game prices will go down!') to the political ('Things will get better once gamers become politicians!') to the industry-focused ('Publishing structure is stuck in a rut and won't change!'). It's a fun read with some good points on the present and future directions of the gaming industry. On the publishing structure, Halpin has this to say:

... Developers too often aspire to be CEOs and convince themselves that they have the acumen to handle it. They rarely do. Great developers are great artists, not suits. There are exceptions to the rule, of course, but by and large rising developers would do far better to hire an experienced executive team and check their egos at the door. That, or merge with equally talented, like-minded firms where they should still hire the aforementioned suits. I foresee the consolidation in our business similar to that of the film industry. Several publishers will percolate up to be "the majors," a few will be "mini majors" and specialize in niche markets and genres, and there'll be a whole culture of indie developers - far more robust than today's landscape - many of whom will be inspired to their careers by user-created content. Timeline for paradigm shift: three to five years.

I'm not sure consolidation of the film industry is a good example, since it took some concerted effort on the part of the major studios and successfully stamped out the little whipper snappers for decades, but the idea of a more robust indie scene is a nice one. Not a terribly long essay, but worth a read through.

The Crystal Ball [The Escapist]

Fewer Players in the Gaming Group [Washington Post]

We'd like to extend our condolences to the families, friends and classmates of those who were affected in the school shooting at Northern Illinois University. Separately, we are disgusted, but no longer shocked, to find that anti-game activists are again rushing to conclusions about what drove Stephen Kazmierczak, the clearly disturbed 27 year old who police say was responsible for this tragedy, to commit such an act.

Blaming video games for the behavior of the mentally-challenged is vile on many levels. And, as Generations X and Y mature, it is extremely likely that just about all of us have played at least one video game at some point in our lives. Drawing a parallel between games and violence without any substantive proof is sensationalism for its own sake. This is a sad event, made worse by the irresponsible actions of attention-seekers and the media that has given them a platform for their reckless venom.

Paul Hwang's only crime was bad timing. He had the misfortune of uploading his mod during a period of time in which the nation was, perhaps unduly, made sensitive about the supposed link between violence and video games.

ECA's Hal Halpin Weighs in on Texas Student Case [GamePolitics]

That's not a typo, but the title of the upcoming film (at one point expected to see release in 2005) on video game violence from Spencer Halpin, brother of the Entertainment Consumers Association's Hal Halpin. Despite featuring some very alarmist soundbites—as well as giving The Silver Fox another outlet to deliver his anti-Rockstar speech promising a "Columbine on the factor of 10"—the documentary appears to have very high production values and looks to be a must-watch for those interested in the topic of violence in games. Michael McWhertor

Moral Kombat: Spencer Halpin's Documentary On Game Violence [Mercury News]

"There's been an amazingly positive reception for the ECA from the industry ... which has helped to support and strengthen our cause," said Halpin, its president. "The games industry companies for years has been saying they are committed to gamers, and with the help of the ECA, I believe that goal can be achieved as we strive to enable and empower the consumers and their voices."

New group gives voice to gamers [Stamford Advocate, via ECA partner Game Politics]

My preference would be to have a real heavy hitter in the job - someone with a legal background, who knows their way around D.C. but isn't necessarily a part of it. The federal-level legislation is significantly less threatening to the category than is state-level action, so being engrained in the politics on The Hill need not be a priority. Having the coalition partners (EMA, IGDA, ECA) involved in the search, too, would be prudent.

That seems to match up with what I've been saying: We need our own Jack Valenti. Brian Crecente

Hal Halpin: Rumors swirl around Lowenstein departure [Game Politics]

Luke over at 1Up chatted with California politician Leland Y. Yee about freedom of speech and video games. Yee spearheaded a bill through the State Assembly that prohibits selling ultra-violent video games throughout the Golden State. Banning the sale of these games does not contradict First Amendment rights contests Yee.

"When you have information that says there are harmful effects to children - you have to draw the line. Just like adult material laws do not prevent anyone from producing adult movies and adult magazines, just don't let kids buy it, that's all," the politician said.

But, isn't that where the retailers and the ESRB come in? "The Federal Trade Commission's undercover study that nearly 70% of kids would be able to purchase an M-rated video game," he add. "More recently, the Harvard study says that the ESRB doesn't give accurate information."

Hal Halpin read Luke's piece and sent in the following retort: "It is unfortunate the Mr. Yee remains woefully uninformed regarding the FTC's findings with regard to voluntary retail efforts at self-regulation. He is either quoting an out-dated several year-old study, or has missed the press regarding their latest findings: that the nation's leading retailers, our members, are successfully carding for M-rated games 65% of the time - which puts the games industry on par with his "Gold Standard," the movie theatre owners, who card at 69% of the time."

If retailers (and hopefully parents) are handling the situation, should the government be regulating "ultra-violent" games as it does pornography? And honestly, should it let politicians that hob-knob with Paula Abdul propose legislation?

Luke's Article [1Up]

Hal Halpin, president of the IEMA, sent out an email response to Judge White's ruling today freezing the California Vide Game Law.

Here you go:

We are, of course, unsurprised by Judge Whyte's decision to enjoin the law and pleased that his decision came before the holidays were upon us. Our position has been, and shall remain, that Government should not be involving itself in the entertainment decisions that consumers make. Our members are already voluntarily committed to a self-regulatory process and games should be treated no differently than music or movies in how they are merchandised, sold and enjoyed. Judge Whyte's preliminary injunction reaffirms our long-held position that these laws are unconstitutional and unnecessary. It is unfortunate that politicians have chosen not to respect the will of the courts and of the people, and it is our continued hope that they will now, given the extraordinary amount of precedent, choose to instead work proactively with us.

And I thought I was the only one working this week.

To say that the list of those who participated is diverse would be an understatement, contributors include Dr. David Walsh of NIMF, Assembly Speaker Pro Tem Leland Yee, Running with Scissors CEO Vince Desi, Hot Coffee Modder Patrick Wildenborg and IEMA president Hal Halpin. Check out the full list and link to the podcast after the jump. I'm jealous I didn't think of this. Great idea Dennis.

1.) Tom Buscaglia, The Game Attorney http://www.gameattorney.com/
2.) Steve Glicker Gaming Steve http://www.gamingsteve.com
3.) Karleana, host of Gamer radio show http://www.thisisgamer.com
4.) Assembly Speaker Pro Tem Leland Yee architect of California s video game law
5.) Hal Halpin, president of IEMA www.iema.org
6.) Bobby Blackwolf, podcaster http://www.allgames.com/podcast/
7.) Darrin Gladstone, Assistant Editor, Computer Gaming World
8.) Shawn Sines, podcaster, Game On podcast www.dispatch.com/gameon
9.) Stephen Totilo, reporter, MTV News
10.) Andy from www.GamerAndy.com
11.) Dr. David Walsh National Institute on Media & the Family
12.) Kevin Haninger, researcher, Harvard University
13.) Bonnie Ruberg Heroine Sheik http://www.heroine-sheik.com
14.) Scott Jon Siegel - GamePolitics.com correspondent
15.) John Callaham www.GameCloud.com
16.) Trevor Ostrowski www.JiveMagazine.com
17.) Vince Desi CEO, Running with Scissors
18.) Patrick Wildenborg - Hot Coffee mod creator
19.) Dean Takahashi reporter, San Jose Mercury-News, author of Opening the Xbox
20.) Sean Bersell VP, Public Affairs, Video Software Dealers Association (VSDA) / Media Coalition 2006 Chair
21.) Brian Crecente & son www.Kotaku.com

GamePolitics Holiday Special Podcast Available Now!! [Game Politics]