<![CDATA[Kotaku: illinois]]> http://tags.kotaku.com/assets/base/img/thumbs140x140/kotaku.com.png <![CDATA[Kotaku: illinois]]> http://kotaku.com/tag/illinois http://kotaku.com/tag/illinois <![CDATA[Illinois Legislates Out of Existence Something That Doesn't Exist]]> Alcopops are a huge concern for fear-addled parents, because they're sweet, alcoholic, and a gateway drug to total douche behavior. So Illinois is taking a courageous stand by banning alcopop ads from video games.

That's right, Illinois, home of Senate seat firesales and previously abortive (and unconstitutional) efforts to regulate game content, made sure that in a raft of anti-drinking measures, no E- or T-rated game sold in the state may include any advertisement for Mike's Hard Lemonade, Smirnoff Ice, Hooper's Hooch, et cetera. Because it was just rampant up to now.

Video games aren't singled out; in Illinois, you can't market these things at live performances or concerts "where the intended audience is primarily children" either. Tough shit, Jonas Brothers! Still, I'm wondering if this will be challenged simply because of it's another asinine precedent, not because Mortal Kombat vs DCU needs a thirsty Sub Zero to pound a Bacardi Breezer after a fatality. On the other hand, you could look on it as Illinois keeping what would surely be a most obnoxious in-game advert out of our consoles.

Anyway, there you go. Alcopops in video games is added to the list of shit everyone should fear. But if we're now passing laws against fictitious threats that are more retarded than sinister, then for consistency's sake Illinois should outlaw Gargamel and Skeletor, too.

New Illinois Law Bars Alcopops from Kid-Centric Games [Gamepolitics]

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<![CDATA[Illinois Law Spurred By Final Fantasy XI Cancellation Issues]]> Canceling your subscription to Final Fantasy XI isn't easy. Illinois resident Alex Edwards found this out after playing the game for a few months. He couldn't cancel online, and no phone number was readily apparent. Eventually his parents got the number off their credit card statement and managed to cancel the account after being on hold for 45 minutes, but this wasn't good enough for Alex or his parents, one of which - Frank Edwards - is an alderman in Springfield, Illinois and a good friend of his local State Rep. To make a long story short, Illinois just passed a law that makes Final Fantasy XI illegal.

Well not FFXI specifically, but the amendment to the Consumer Fraud and Deceptive Business Practices Act passed this week makes it an unlawful business practice to run an internet gaming service without some way of canceling the service online, without requiring customers to call a phone number or mail a letter. Hit the jump for the full synopsis of the law.

Provides that an Internet gaming service provider that provides service to a consumer, for home and personal use, for a stated term that is automatically renewed for another term unless a consumer cancels the service must give a consumer who is an Illinois resident: (1) a secure method at the Internet gaming service provider's web site that the consumer may use to cancel the service, which method shall not require the consumer to make a telephone call or send U.S. Postal Service mail to effectuate the cancellation; and (2) instructions that the consumer may follow to cancel the service at the Internet gaming service provider's web site.

Square Enix's course here is pretty clear. Cancel the accounts of anyone living in Illinois. That'll show em!

Online Fantasy Game’s Absurd Cancellation Policy Leads To New Law [Silicon Alley Insider via Game Politics]

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<![CDATA[Illinois Governor Blew $1 Million On Failed Appeal]]>

From GamePolitics comes a news article stating that Illinois Gov. Rod Blagojevich blew through a million dollars of taxpayers' money trying to fight "a 2005 federal court ruling that a state law banning the sale of violent or sexual-explicit video games to minors was unconstitutional."

From the Quad-Cities Online:

The governor raided funds throughout state government to pay for the litigation. Some of the areas money was taken from included the public health department, the state's welfare agency and even the economic development department.

... the governor's staff, testifying before the committee, admitted they just stuck state agencies that had available funds with the bills ....

GP notes that "the amount Illinois owed to the video game industry in legal fees was $510,000. We assume that the balance ... relates to legal costs Illinois incurred in unsuccessfully defending against the industry's First Amendment challenge."

Politicians spending funds earmarked for public use on pet projects is hardly anything new, but it's still appalling to see the numbers in print when it comes to frivolous appeals on legislation that shouldn't have been put into place to begin with.

Blagojevich's quest to ban violent video games cost nearly $1M [Quad-Cities Online via GamePolitics]

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<![CDATA[Illinois Passes "Video Games" Gambling Bill]]>
Don't quote me on this, but when they say "video games", I think this bill is talking about allowing video gambling machines similar to those legal in the UK (fruit machines and the like), not necessarily the consoles sitting under or around your television as we speak. However, the article, including its headline, includes the phrase "video games", which makes this recently passed Illinois gambling bill confusing:

HB 1124 (which on Wednesday passed both houses of the Illinois Legislature) will legalize video gambling in bars. That may sound harmless to some, but it is not.

Children have grown up playing video games. Adding the element of cash and prizes will make the activity even more attractive to young adults. Many will become addicted to gambling.

HB 1124 legalizes gambling on video games "simulating contests" in bars, restaurants, convenience stores, bowling alleys and truck stops.

The bill defines a bona fide contest as being between two or more individuals. Hundreds of thousands of such "contests" could be played each year in every community statewide.

While HB 1124 states that card games are not included, this type of gambling will expand in increments. Gambling interests will come back each year until video poker is legalized in every community.

HB 1124 will make it impossible to police these establishments to determine if illegal gambling is going on. Gamblers will expect a "payout" on all video machines in bars, convenience stores, bowling alleys, restaurants and truck stops.

But basically, if you wanted to start your own console gambling ring, I guess all you'd have to do is lug your machine to any Illinois bar, restaurant, convenience store, bowling alley, or truck stop with a wi-fi connection and go crazy. It's so easy!

Bill allows gambling on video games [Daily Southtown]

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<![CDATA[Judge to Illinois: Pay ESA Already]]> A federal judge told Illinois governor Rod Blagojevich that "the time for waffling has passed" and that the state needs to develop a plan for paying legal fees in a video-game lawsuit it lost.

The state has until Dec. 18 to say how they play to pay the more than half-million dollar bill.

A year ago the judge ruled that the state's law that barred the sale of violent or sexually explicit video games to minors was unconstitutional and then in August ordered the state to pay the video game industry's legal costs.

Last month industry lawyers asked the judge to intervene because the state wasn't cooperating and the judge decided to do just that.

"They have answered the plaintiffs' entreaties with what amounts to shoulder-shrugging and finger-pointing," Kennelly wrote in an opinion. "Specifically, they have made no real suggestion about what the plaintiffs need to do to collect what they are entitled to, largely leaving that up to one's imagination."

So to summarize, Illinois is run by an idiot.

Judge wants legal-fee payment plan from Blagojevich [Chicago Tribune]

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<![CDATA[Illinois Ordered to Pay Half a Mill to ESA]]>

This one got me belly laughing: The State of Illinois has been told that they have to pay the video game industry more than half a million dollars for being chowderheads. Technically, "chowderhead" doesn't enter into the ruling handed down by Judge Matthew F. Kennelly, but you know he was thinking it.

Kennelly, United States District Judge for the Northern District of Illinois, handed down a permanent injunction halting the implementation of the new anti-video game law and ordered the state to pay the ESA their attorney fees.

If controlling access to allegedly 'dangerous' speech is important in promoting the positive psychological development of children, in our society that role is properly accorded to parents and families, not the State."

And their was much rejoicing in the ESA:

"Judge Kennelly's rulings send two irrefutable messages - not only are efforts to ban the sale of violent video games clearly unconstitutional, they are a waste of taxpayer dollars," said Douglas Lowenstein, president of the ESA, the trade group representing U.S. computer and video game publishers. "The sad fact is that the State of Illinois knew this law was unconstitutional from the beginning. Taxpayers have a right to know that over half a million of their dollars and countless government hours were thrown away in this fruitless effort."

Hit the jump for the full press release, but be prepared to set aside at least one minute and twenty seconds for belly laughing. You might want to warn your pod mates.


Washington, D.C. (August 10, 2006) - The State of Illinois must pay the video game industry $510,528.64 in attorney's fees for its unconstitutional effort to enact a law banning the sale of violent video games, Judge Matthew F. Kennelly, United States District Judge, Northern District of Illinois, ruled yesterday.

"Judge Kennelly's rulings send two irrefutable messages - not only are efforts to ban the sale of violent video games clearly unconstitutional, they are a waste of taxpayer dollars," said Douglas Lowenstein, president of the ESA, the trade group representing U.S. computer and video game publishers. "The sad fact is that the State of Illinois knew this law was unconstitutional from the beginning. Taxpayers have a right to know that over half a million of their dollars and countless government hours were thrown away in this fruitless effort."

"I am very disappointed that the state of Illinois has to pay these fees for what was such a clearly unconstitutional law from the start," said Senator Cullerton, Illinois 6th District State Senator. "When I spoke against the law in Springfield, I predicted we would have to pay legal fees. The amount ordered paid to the plaintiffs by Judge Kennelly doesn't even count the substantial fees the STATE will have to pay its own lawyers."

The fees will be paid to the Entertainment Software Association, Video Software Dealers Association and Illinois Retail Merchants Association, plaintiffs in the lawsuit. In December, 2005, the United States District Judge for the United States District Court for the Northern District of Illinois handed down a permanent injunction halting the implementation of the new state law that would restrict video game sales. In his decision declaring the law unconstitutional, Judge Matthew S. Kennelly forcefully sided with the ESA, writing, "If controlling access to allegedly 'dangerous' speech is important in promoting the positive psychological development of children, in our society that role is properly accorded to parents and families, not the State."

"As we said from the outset of this debacle and repeatedly since then, instead of squandering taxpayers' money on frivolous lawsuits and attempting to enact clearly unconstitutional laws, we encourage policymakers to focus their resources on a cooperative effort with industry, retailers, parent groups and health groups to work together to educate parents about the Entertainment Software Rating Board (ESRB) ratings and content descriptors, and the parental controls available in all next generation consoles to help parents make sound choices about the games their kids play," said Lowenstein.

The ESA is the U.S. association dedicated to serving the business and public affairs needs of the companies publishing interactive games for video game consoles, handheld devices, personal computers, and the Internet. ESA members collectively account for more than 90 percent of the $7 billion in entertainment software sales in the U.S. in 2005, and billions more in export sales of entertainment software. For more information about the ESA, please visit www.theESA.com.

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<![CDATA[No Surprises: Illinois Gov. to Fight Ruling]]> THE DEFENDER OF YOUR LIVING ROOM HAS ARRIVED

The Chicago Tribune reports that Illinois Governor and temporarily defeated moralist Rod Blagojevich planned to launch a "multi-pronged effort" in his continued quest to protect the youth of America from the evil video game industry. Blagojevich also plans to work with Senator Hillary Clinton on passing a similar law on a Federal level. Maybe a Federal court can strike these moronic attempts at law making down once and for all? Is that asking too much, dear judicial system of America?

Governor to Fight Video Game Ruling [Chicago Tribune]

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<![CDATA[Illinois Judge Overturns Regulatory Laws]]> You won't see this on Judge Judy

Friday, the Illinois Safe Games Act that Gov. Rod R. Blagojevich signed back in July were deemed unconstitutional. Next Generation wrote up a sizable piece on the decision, gleaning some of the best stuff from the fifty-plus page legal decision. So what's next? A couple of things, I'd bet. Blagojevich appeals the decision and we start to see similar cases (like California's) hopefully suffer the same fate the Safe Games Act did.

Illinois Judge Rejects Game Decisions [Next Generation]
Picking Apart the Safe Games Act
The Whole 53-Page Court Document [Gamepolitics]- Adobe Acrobat Required

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