<![CDATA[Kotaku: utah]]> http://tags.kotaku.com/assets/base/img/thumbs140x140/kotaku.com.png <![CDATA[Kotaku: utah]]> http://kotaku.com/tag/utah http://kotaku.com/tag/utah <![CDATA[Back Pay is Hell, and Utah Devs Still Aren't Getting Any]]> When we last left Sensory Sweep, the Utah studio that just stopped paying employees, it cut a deal with the government to pay back nearly $1 million by September. That hasn't happened, and its founder is facing tax evasion charges.

The Salt Lake City Weekly has a comprehensive roundup of the Sensory Sweep fiasco, and it won't fill you with holiday cheer. But I do encourage you to read it out of respect for these workers and their families, caught up in the studio's deceptions and paid in promises for a year.

In addition to the unpaid wages, the company had stopped paying insurance premiums and 401(k) contributions, even though workers' checks (when they were getting them) had still been deducted for them. The lack of insurance means former employee Paul Grimshaw is looking at bankruptcy over an unpaid dental claim.

The federal government, which negotiated the back-pay deal way back in January, is using threats of jail to collect back taxes from founder Dave Rushton and his wife Maureen, but not to get destitute employees the money they were owed. In other words, some guy and his wife made money off people's free labor, and the government's first in line to be paid, not the workers. Utah's Labor Commission needs prosecutors if it's going to bring state criminal charges against an employer who does not pay, and that kind of case hasn't been brought in 10 years.

Oh, and speaking of taxes? A former employee, who sent us this tip, told Kotaku that his (and others') Social Security taxes hadn't been paid in 2007, so workers are on the hook for that, too.

A former studio employee, commenting on the Salt Lake Weekly's article, sums up how Sensory Sweep was able to keep going even when the checks weren't:

"One of the most frustrating things about being a former Sensory Sweep employee was watching other people young to the industry walk into the company while it was floundering. Those kids would end up being paid in promises and optimistic half-truths, and they just didn't have the available experience to know any better."

It is sad. Jobs in this industry are incredibly competitive because so many want to work in it, and will make great sacrifices to do so, and are reminded by people on the outside that this is somehow a dream job others would be happy to do for free. Speaking personally, I clench my fists every time I read someone say that kind of thing so casually. And out in Utah, where people also had mortgages, student loans, families and no other jobs in the industry to seek, I can see how that helped keep Sensory Sweep's charade going.

Sensory Sweep Shortchange [Salt Lake City Weekly]

]]>
http://kotaku.com/index.php?op=postcommentfeed&postId=5424949&view=rss&microfeed=true
<![CDATA[Kid Napped in PSP Deal Gone Bad]]> What's it they say, "You never hear about a drug deal gone good?" Same for selling games. In this case, an unhappy customer took a Utah teen for a ride when the PSP that changed hands didn't work as advertised.

The suspect's now in custody, so, this ends well. But it began badly, on Saturday, when a 17-year-old sold his PSP to one Jose Eduardo Espinosa-Arellano of American Fork, Utah, who took it home and said the thing didn't work right.

He went back to confront the seller and demand his money back, but for whatever reason, that wasn't happening. So Espinosa-Arellano said, "Let's go for a ride," and the kid, saying he was defusing the situation but really lacking some common sense, went along.

That ride went for about 20 miles up the road to Salt Lake City, while the victim texted some friends to say, well, whatever was said, certainly the message began "OMFG." When the driver exited the interstate and came to a stop at a red light, the victim bolted and ran to a gas station.

"The suspect made comments to him were very concerning to the victim," a law enforcement spokesman said. "He felt like he was in grave danger, and that's the reason he jumped out of the car."

Espinosa-Arellano was arrested and taken to jail. He could face kidnapping charges.

Police: Teen Trying to Reason with Man Before Alleged Kidnapping [KSL-TV]

]]>
http://kotaku.com/index.php?op=postcommentfeed&postId=5344641&view=rss&microfeed=true
<![CDATA[Utah Lawmakers Need $25K to Override Veto of Anti-Game Bill]]> The Deseret News heaps the last spadeful of dirt on the grave of Utah HB353, saying the state legislature appears unlikely to call a veto session because of, well, money.

The law would have provided people with the means to sue game retailers who advertised they were family friendly, and then were found to sell mature-rated content later. We've covered how stupid the concept was. Gov. Jon Huntsman agreed, banhammering the bill and pointing out its constitutional flaws.

But while the president of Utah's state senate thinks he could get a two-thirds majority in his chamber, he's not going to take the lead if the state house, which originated the bill, isn't pushing for a veto. And that seems to be the case. The representative who sponsored the bill sent a letter to his colleagues sticking up for the bill, but not asking explicitly for their support of an override session or their vote in it.

Because on the back end, there's a money issue. The legislature had canceled this month's "interim study day" between sessions, saving about $25,000 in costs related to convening it. Like most states, Utah is pinching every penny where it can. So if the anti-game bill is worth the fight, and it isn't, they'd have to spend the $25K just to take a vote. And then, if it succeeded, spend more taxpayer money in a constitutionally doomed defense of it.

May 11 is the deadline to call such a session. Anything can happen, but when money's involved, my bet is on the least expensive outcome.

Utah Lawmakers Unlikely to Call Override Session [Deseret News via GamePolitics]

]]>
http://kotaku.com/index.php?op=postcommentfeed&postId=5199296&view=rss&microfeed=true
<![CDATA[Utah Governor Smacks Down Thompson Bill]]> After passing through the Utah House and Senate with flying colors, Jack Thompson's video game.movie bill has been vetoed by Utah Governor Jon Huntsman.

HB 353 would have added stiffer fines to video game retailers and movie theaters that gave minors access to games or movies rated above their age level. After breezing through the House and Senate by wide margins, it was expected that Governor Huntsman would back it as well. Not so. Industry lobbying seemed to play a big part in the bill's failure, according to Huntsman's letter to the heads of the House and Senate, found on Saintless:

After careful consideration and study, I have decided to veto HB 353, TRUTH IN ADVERTISING ACT AMENDMENTS, and have transmitted it to the Lieutenant Governor for filing.

While protecting children from inappropriate materials is a laudable goal, the language of this bill is so broad that it likely will be struck down by the courts as an unconstitutional violation of the Dormant Commerce Clause and/or the First Amendment.

The industries most affected by this new requirement indicated that rather than risk being held liable under this bill, they would likely choose to no longer issue age appropriate labels on goods and services. Therefore, the unintended consequence of the bill would be that parents and children would have no labels to guide them in determining the age appropriateness of the goods or service, thereby increasing children's potential exposure to something they or their parents would have otherwise determined was inappropriate under the voluntary labeling system now being recognized and embraced by a significant majority of vendors.

I'm guessing that the Governor really sweated over this, perhaps while the song "Pressure" played over and over again in the background.

Speaking to Game Politics, Thompson indicated that the bill's backers are seeking to override the veto. Good luck with that.

BREAKING: Utah Governor Vetoes Video Game/Movie Bill [Game Politics]

]]>
http://kotaku.com/index.php?op=postcommentfeed&postId=5185169&view=rss&microfeed=true
<![CDATA[Thompson Bill Passed By Utah Senate]]> The bill from former lawyer Jack Thompson passed by a landslide the Utah House of Representatives earlier this month. It has now also passed in the Utah Senate.

The bill, HB 353, imposes even stiffer fines on video game retailers and movie theaters should they provide M- or R-rated products to minors in direct violation of their own store policies.

From what we can tell, language choices clarify that retailers cannot get in trouble if "a buyer subject to age restrictions" (note how they don't use the word minor or person under age 18) lies about their age to the retailer.

Drafted by Thompson, the bill passed by a 25-4 margin. However, it was amended by the Senate to apply to all sales (including internet), and it went back to the House, where the amendment was approved. Next stop, the desk of Utah Governor Jon M. Hunstman, Jr., who can either sign the bill into law or veto it.

Now, Utah Bill Races Against the Clock [GamePolitics]

]]>
http://kotaku.com/index.php?op=postcommentfeed&postId=5169268&view=rss&microfeed=true
<![CDATA[An Open Letter From the ESRB to Utah's Parents and Leaders]]> With Utah legislators on the verge of passing legislation that expands the state's Truth in Advertising statute, imposing fines on video game retailers and movie theaters that provide M- or R-rated products to minors, ESRB President Patricia Vance has written a letter.

Here, in it's entirety, is Vance's open letter to Utah's Parents and Leaders:

An Open Letter to Utah's Parents and Leaders
March 6, 2009

As you read this, Utah legislators are preparing to pass legislation that risks, perhaps unintentionally, putting an end to hugely successful efforts to prevent children's access to video games intended for older audiences. I write today in the hopes of averting this grave mistake, and to propose a more responsible course of action instead.

Legislation expanding Utah's existing Truth in Advertising law (H.B. 353) would require that if a video game retailer promotes its adherence to a policy restricting the sale of video games rated M for Mature – which, like the R rating for movies, indicates it is recommended for those ages 17 and older – and then sells an M-rated game to anyone under the recommended age, they could be subject to a lawsuit, fines and/or the payment of additional costs and legal fees. In fact, all major retailers of video games currently have such policies, which they have put in place voluntarily and with which they are in compliance the vast majority of the time. According to a recent audit, Utah video game retailers enforce their store policies regarding the sale of M-rated games an impressive 94% of the time – without any laws or requirements that they do so. That level of compliance took many years to achieve, and speaks to the strong commitment of video game retailers to do the right thing.

So why is this bill likely to put an end to those very efforts it seeks to support? On its face such an amendment makes good sense; after all, if a retailer says they're going to do something, they should do it, right? While the intent of this legislation would be to hold retailers accountable for compliance with their stated policies – presumably in that negligible 6% of instances where they fail to comply – the unfortunate reality is that it would introduce a liability that will likely force many retailers to seriously consider abandoning their voluntary policies and ratings education programs, undoing years of progress made on behalf of parents and their children.

It's worth noting that when the Federal Trade Commission first began measuring retailer compliance with video game sales policies nationwide in 2000, a scant 15% of underage customers were turned away. However, the most recent such study reported in May 2008 found that national retailers refused to sell M-rated games to customers under 17 a remarkable 80% of the time, far surpassing the comparable rates of compliance for movies, DVDs, or music CDs rated for a mature audience. The unraveling of this substantial progress would be a tragic consequence, depriving parents of the assurance and control they currently have with respect to deciding which games their children can purchase and play.

Utah State Representative Michael Morley, the chief sponsor of this new amendment, was recently quoted in the Deseret News stating that, "if they're one of those places that thinks, ‘Well, as long as they have a heartbeat and some money we'll sell to them,' then this won't have any impact on them." That statement reveals exactly why this law would
be so destructive. It would effectively penalize responsible retailers that have policies, and provide safe harbor for retailers that refuse to adopt a responsible policy in the first place. That is downright senseless. If the goal is to make sure our children are playing age-appropriate games, there is a better way.

The Entertainment Software Rating Board (ESRB), of which I am president, is a non-profit organization created in 1994 to help parents determine which computer and video games are appropriate for their children. Most retailers only carry games that have been rated by the ESRB, and game consoles and handheld devices include settings that parents can activate to block games by ESRB rating. Elected officials across the country, including Utah Attorney General Mark Shurtleff, and groups like PTA have joined ESRB in helping educate the public about the rating system to great effect. The FTC recently reported that 73% of parents regularly use ESRB ratings when buying games for their children; 59% "never" allow their child to play an M-rated game, and 34% only do so "sometimes."

The bottom line is that parents are more than capable of utilizing tools like the ratings to make the right choices for their families. And there is broad support of ESRB ratings from major retailers and the game industry alike. The proposed legislation is looking to fix a system that is not broken. Instead, we should all be focused on figuring out ways to encourage parents to use the excellent tools already available to them to make informed choices about the media their children consume. Punishing retailers for promoting responsible sales policies is irrational and counter-productive. I write in the sincere hope that Utah chooses to empower its parents with information rather than undo the substantial progress made by retailers to date to serve the best interests of Utah's children.

With warm regards,
Patricia E. Vance
President

]]>
http://kotaku.com/index.php?op=postcommentfeed&postId=5165555&view=rss&microfeed=true
<![CDATA[Jack Thompson Still Has A Career (Apparently)]]> The Business and Labor Committee of the Utah House of Representatives passed a law authored by ex-Miami-attorney, Jack Thompson. I guess you can still have a career after being disbarred.

The bill, H.B. 353, changes Utah's existing Truth in Advertising law to impose fines of up to $2,000 on retailers and movie theaters that violate their own policies by selling M-rated games or tickets to R-rated movies to minors.

Even though Thompson's name never came up in the 58 minute audio recording of the committee meeting, it's hard not to hear his influence in some of the statements. GamePolitics calls particular attention to Gayle Ruzicka, who lobbied for the bill:

This is the vile stuff. The Grand Theft Auto games are cop-killing murder simulators. And when [Devin Moore] was faced with being arrested he knew exactly what to do. He knew how to aim... at the head and each time killed these [officers]. We don't want this for our children. Not at all. Please, please vote yes today on this bill.

Those that supported the bill also made reference to sex scenes in Grand Theft Auto IV and took the "won't somebody please think of the children" tact. Those against it pointed out that the bill undermines voluntary ratings systems like the ESRB.

The next step for H.B. 353 is a vote from the full Utah House of Representatives. Given that Business and Labor passed it 10-3, I think it's obvious which way the state is leaning. It's times like these that make me glad I live in California.

Jack Thompson Bill Overwhelmingly Approved by Utah House Committee [GamePolitics]

]]>
http://kotaku.com/index.php?op=postcommentfeed&postId=5159645&view=rss&microfeed=true
<![CDATA[Utah Library Now Even Less Cool as a Hangout]]> This is a story about a library issuing a partial ban on the playing of video games, but really, it makes sense. Actually, it's good news, because it means that kids still choose to hang out at libraries. Of course, this is in Utah, so such wholesomeness is unsurprising.

But no one can play video games at the Eagle Mountain Library from 2 to 5 pm on weekdays, apparently because they were taking up too many terminals and/or bandwidth by playing video games. After all, a library is for like, lookin' things up and stuff. "There were students and adults who needed to use computers for research that were having to wait too long and, you know, getting frustrated by that," said a librarian. So, it's back to surfing porn I guess.

Eagle Mountain is about an hour south of Salt Lake, 45 minutes west of the Orem/Provo/American Fork corridor. Here's what shocked me: the median age of Eagle Mountain's residents is 13. That's median. Holy Toledo, is this Kid Nation? Guys, if you form that kind of constituency, you need to get one of yourselves elected to mayor, so you can pass laws mandating video game play. And go-karts on public streets. And candy for breakfast.

Utah County Library Issues Partial Gaming Ban [KSL-TV]

]]>
http://kotaku.com/index.php?op=postcommentfeed&postId=5088593&view=rss&microfeed=true
<![CDATA[Video Games Blamed in Fiery Motorcycle Crash]]> Some idiot in Utah wrecked his so-called "bullet bike" into an SUV carrying a family of four. Everyone's alive, including the no-shirt, no-helmet cyclist, but of course vidja games are the cause. I swear, there must be a check-block for it on police investigation forms:

As for motive, Savino told troopers this was his own video game adventure. "I don't know whether he was trying to act out a scene in a video game or what he was trying to do, but he said it always worked for him in video games," Roden said.

OK, gang, so what exactly was he trying to emulate? And since this dumbass seems hellbent on removing himself from the gene pool, what's the next thing he should try?

High-Speed Chase and Crash Caught on Tape [KSL-TV]

]]>
http://kotaku.com/index.php?op=postcommentfeed&postId=5041007&view=rss&microfeed=true
<![CDATA[Utah Senate Knocks Games-as-Porn Bill Out]]> ut.gif

In Utah, video games aren't porn after all.

GamePolitics reports that the Games-as-Porn bill was killed by the Utah Senate after passing easily through the house. The bill would've placed selling violent video games to minors beside selling pornography to minors - a bit of a stretch. For now, at least, the bill is dead. Thankfully, this is America and some other hairbrained video game related bill will pop up soon.

BREAKING: Utah Senate Kills "Games as Porn" Bill [Gamepolitics]
Utah House Passes Games-as-Porn Bill [Kotaku]

]]>
http://kotaku.com/index.php?op=postcommentfeed&postId=157956&view=rss&microfeed=true
<![CDATA[Utah House Passes Games-as-Porn Bill]]> Whoa, that was fast. Utah's Games-as-Porn bill has already passed through the House of Representatives according to Gamepolitics. It wasn't even close - the votes fell 56-8 in the bill's favor. This law treats violent games like pornography and will allow sellers of violent games to minors to be prosecuted. To what extent? 1Up pointed out that the bill would make selling the games to minors a third degree felony, putting it on the same criminal level as reckless drunk driving.

First video games as porn, now criminalizing their sales on par with reckless drunk driving? Harsh.

Utah House Overwhelmingly Approves Games-as-Porn Bill [Gamepolitics]
Utah's Violent Games Bill Passes House [1Up]

]]>
http://kotaku.com/index.php?op=postcommentfeed&postId=156907&view=rss&microfeed=true
<![CDATA[Utah Game Law Examined by Experts]]> utahsrsly.gif

It wouldn't be President's Day without some politically flavored news, right? For that we thumb to GamePolitics who directs readers to an op-ed piece in the Salt Lake Tribune on the First Ammendment ramifcations of Utah's Violent Games Equal Porn bill. The op-ed, penned by First Ammendment experts Clay Calvert and Robert D. Richards admits that the concerns of Utah Rep. David Hogue are valid, but that his methodology isn't. The two experts pin the responsibility for what media children consume firmly where it belongs - back on the parents.

First Amendment Scholars Weigh in on Utah 'Games as Porn' Bill [GamePolitics]
Leave Video Game Choice to Parents [Salt Lake Tribune]
Violent Games Equal Porn?

]]>
http://kotaku.com/index.php?op=postcommentfeed&postId=155862&view=rss&microfeed=true
<![CDATA[Violent Games Equal Porn?]]> rep52.jpg

GamePolitics reports that Utah representative David Hogue has slipped launguage into a bill that equates violent games and pornography as media that needs to be kept out of the hands of minors. The law would make it a felony to "exhibit or sell violent video games to minors." Everyone's heard of "gun porn," but this is taking the games and porn thing way too far.

BREAKING: Utah Games = Porn Bill Revived [GamePolitics]

]]>
http://kotaku.com/index.php?op=postcommentfeed&postId=155069&view=rss&microfeed=true
<![CDATA[Hey Guess What? Utah Hates Video Games, Too]]> utah.gif

In a move that surprises exactly no one, GamePolitics reports that Democratic Utah Representative Jim Matheson intends to bring legislation that would make selling M-rated games to minors an offense. The Desert News spoke with Matheson about the bill and GamePolitics latched on to the same quote I did when I scanned the piece: "You know darn well the 13-year-old is not being carded when he buys Grand Theft Auto 2. You get points (in that game) for having sex with a prostitute; you get points for killing the prostitute."

It'd be nice if the guys who attempt to bring these bills to law at least knew something about games to begin with.

Utah Congressman Introducing Yet Another Federal Video Game Bill [GamePolitics]
Game Crackdown Urged [The Desert News]

]]>
http://kotaku.com/index.php?op=postcommentfeed&postId=146701&view=rss&microfeed=true