Technology Law Update

Louisiana Video Game Law Is Passed, Then Restrained

A Louisiana law banning the sale or rental of violent video games to individuals under the age of 18 was signed into law on June 15. Louisiana Act No. 441, HB 1381 (June 15, 2006). The text of the enrolled act is available here. The presiding federal judge in an action brought by the Entertainment Software Association immediately issued a temporary restraining order against the enforcement of the law. The complaint filed by the ESA challenging the law on First Amendment grounds is available here and the ESA press release announcing the filing of the action is available here.

Video Game Makers Settle FTC Charges Concerning Hidden Adult Content

The distributors of the <i>Grand Theft Auto: San Andreas</i> video game have settled FTC charges that they failed to disclose to consumers that the game contained hidden content inconstent with the rating assigned to the game by the Entertainment Software Rating Board.  In re Take-Two Interactive Software, Inc., No. 052 3158 (FTC June 8, 2006).

Los Angeles Sues Grand Theft Auto Distributor Under City Consumer Fraud Law

The Los Angeles City's Attorney's office brought the action, claiming that the distributor made misleading statements in marketing the game and engaged in unfair competition, with respect to explicit content in certain hidden features in the game.

Senators Introduce Legislation To Curb Violent Videogame Sales To Children

According to the bill statement, the bill would prohibit any business from selling or renting a Mature, Adults-Only, or Ratings Pending game to a person who is younger than seventeen.

California Violent Video Games Bill Signed Into Law, And Challenged

The Governor of California signed into law a bill requiring violent video games to be labeled as specified and prohibiting the sale or rental of those violent video games, as defined, to minors.  AB 1179, ch. 638 (Oct. 7, 2005).The law, which comes into effect on January 1, 2006, also provides that a person who violates the act shall be liable in an amount of up to $1,000 for each violation.  A lawsuit challenging the act was filed by video game trade groups claiming that the act is an unconstitutional content-based regulations of speech. Video Software Dealers Association v. Schwarzenegger, No. 5:05-cv-04188 (N.D. Cal. complaint filed Oct. 17, 2005).

The motion for preliminary relief filed by the plaintiffs is available at http://www.thelen.com/tlu/brmfs/VideoSoftwareVSchwarzeneggerMotionOct2005.pdf
The text of the legislation is available at  http://www.leginfo.ca.gov/pub/bill/asm/ab_1151-1200/ab_1179_bill_20051007_chaptered.html