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Judge Clears Bully For Publishing 393

stupid_is writes "The BBC are reporting that Judge Ronald Friedman has cleared Bully for publication in Florida. Jack Thompson is, predictably, critical of the decision, stating "You did not see the game, you don't even know what it was you saw." after Take-Two gave him the game, along with someone to play the game for him to watch before he made a decision." This is a follow-up to our story last week about Take-Two handing over copies of Bully per court order.
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Judge Clears Bully For Publishing

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  • First amendment. (Score:3, Insightful)

    by Pig Hogger ( 10379 ) <pig.hogger@g[ ]l.com ['mai' in gap]> on Monday October 16, 2006 @12:29PM (#16454069) Journal
    Why would a judge be asked to condone prior restraint, and expected to do it???
  • good comment (Score:5, Insightful)

    by gEvil (beta) ( 945888 ) on Monday October 16, 2006 @12:29PM (#16454081)
    "There's a lot of violence," Judge Friedman said. "A whole lot. Less than we see on television every night."

    It's nice to see that a judge is actually comparing this to the other media that we're exposed to out here in the real world.
  • Free Will (Score:2, Insightful)

    by Nalanthi ( 599605 ) <bhunter855NO@SPAMgmail.com> on Monday October 16, 2006 @12:34PM (#16454171)
    Mr Thompson criticised the decision to have an employee take him through the game, arguing he could have avoided making violent choices.

    If a game in which someone can make choices to make the game less violent and has defending other kids as a key game play element actually exists how is this a bad thing. Its Art/storytelling and a slap-dash of decent morality. Free will is important. Choices between good and evil in a game allow people to explore these choices without real world impact.
  • by CUatTHEFINISH ( 970078 ) on Monday October 16, 2006 @12:37PM (#16454213)
    I'm tired of hearing, "Ban this video game!" "Sue that company." "OMZFG HOT COFFEE?!?!" A video game is a video game. The ESRB does a fairly decent job in giving them good ratings. They have no control over what users can do to alter the game. It's just a simple fact of what the parents allow the children to play. If the children can understand it's just a video game, you can't auto-aim in real life, etc., then I really don't see what the problem is. Maybe I'm just giving common sense the benefit of the doubt, but I think these stories are absolutely ridiculous. Virtual Reality is meant for people to get away from their everyday lives. It's not even in the slightest meant to be a model for real life actions. I guess this topic just grinds my gears.
  • by morgan_greywolf ( 835522 ) on Monday October 16, 2006 @12:38PM (#16454251) Homepage Journal
    ...you don't even know what you saw?

    Thompson seems to be implying that the judge is some kind of idiot who was completely unable to interpret what he saw happening on the screen while someone else, knowledgeable in the game, was playing it for him.

    Now, I've never seen the game. But based on what games I have seen/played, I can't imagine that anyone with an above-room-temperature IQ and a heartbeat would be unable to interpret what's happening on the screen. I mean, games these days have fairly realistic 3D graphics; it's like implying that one can't figure out what's going on on the screen because it's anime.
  • Interesting (Score:5, Insightful)

    by Bombula ( 670389 ) on Monday October 16, 2006 @12:43PM (#16454319)
    This Bully issue is interesting because it highlights the salient point so often missed by those who criticise violence in entertainment: context. To a thinking person, it is obvious that entertainment involving beating a schoolmate bloody with a bat is more disturbing than entertainment involving a bodybuilder blowing up aliens with a bazooka, despite the fact that - objectively at least - murder is worse than assault. The context being so much closer to home - a kid with a bat is much nearer to actual reality than a bodybuilder blowing up aliens - is where the disturbance factor comes in, and it's pretty much impossible to quantify closeness-to-home realism which makes it a challenge for the courts.
  • by __aaclcg7560 ( 824291 ) on Monday October 16, 2006 @12:43PM (#16454321)
    Mr Thompson told Miami newspapers that he did not plan to continue his campaign against Bully.

    After he gets his 15 minutes of national media to rant against violent video games, he's not going to continue his campaign against this "Columbine simulator" that will undoubtly increase school violence?
  • Re:good comment (Score:3, Insightful)

    by hal2814 ( 725639 ) on Monday October 16, 2006 @12:47PM (#16454369)
    "It's nice to see that a judge is actually comparing this to the other media that we're exposed to out here in the real world."

    I'm not so sure. Such an argument seems to imply that if the violence were worse than what you'd see on TV, there would be some grounds to have this game forcibly prevented from sales. So while I do agree with the judge's statement, I find it a very dangerous thing to be including such a statement in defense of the game from a legal standpoint.
  • Re:good comment (Score:2, Insightful)

    by endemoniada ( 744727 ) <nathaniel@endemoni[ ].org ['ada' in gap]> on Monday October 16, 2006 @12:56PM (#16454485) Homepage
    But you have to compare it to something, otherwise you couldn't set any limits at all.

    In my opinion, having guns at home, at work, in shopping malls and now even in you classrooms (since apparently even teachers are supposed to carry guns now) is a much greater risk than videogames. Add to that the violence everyday on TV, and you get a society that's just waiting to tear itself apart in fear of itself.

    Long story short, Jack Thompson is an egotistic fuckhead who cares nothing for the children. If he did, he'd get rid of guns and actually do something about the physical violence not connected to videogames.
  • Re:Free Will (Score:3, Insightful)

    by endemoniada ( 744727 ) <nathaniel@endemoni[ ].org ['ada' in gap]> on Monday October 16, 2006 @12:59PM (#16454537) Homepage
    You have to admit though, the game does very little to promote peaceful solutions to its problems and obstacles, and very much to insinuate that you use violence. How about the assassination-missions in Vice City? How do you kill someone without violence?

    Trust me, I think JT is a major dumbass just like everyone else, but to say that a game like GTA does NOT promote violence is actually stretching it a bit :)
  • Technicality (Score:3, Insightful)

    by Alchemar ( 720449 ) on Monday October 16, 2006 @12:59PM (#16454547)
    You made the point that "Virtual Reality is meant for people to get away from their everyday lives. It's not even in the slightest meant to be a model for real life actions."

    Virtual Reality is by definition a model for real life actions. Video games are meant for people to get away from their everyday lives. There are Virtual Reality simulators which are fully intened to teach people how to kill, most of them in use by the US goverment. Video games still strive for realism in some way. What makes them fun is where they deviate from reality, video games let you do things that you wouldn't be able to do in real life.

    Yes - the grenades blow up and have realistic shrapnal due to the new physics processor.
    No - that does not mean we are really being invaded by an alien lifeform.

    Yes - you can see the new hat on your character when you equip it
    No - putting a hat on does not suddenly give you the real ability to cast fireball
  • Incorrect Headline (Score:5, Insightful)

    by ewhac ( 5844 ) on Monday October 16, 2006 @01:05PM (#16454635) Homepage Journal
    If any are watching, I wish to request of the editors that the headline to this article be changed.

    Despite the fervent wishes of certain unbalanced extremists, prior restraint in publishing is not recognized in US law, except in cases of national security, and only then when circumstances are extraordinary. Right to publish is automatic. Thus, the Judge did not "clear" anything for publishing, as judges do not have that right in this country.

    A less misleading headline might be, "Judge Refuses to Block Publication of 'Bully'", or, "No Reason to Block Take-Two's 'Bully', says Judge", or,"Take-Two's 'Bully' No Threat to National Security".

    Schwab

  • by rkcallaghan ( 858110 ) on Monday October 16, 2006 @01:05PM (#16454637)
    Dan East wrote:
    You're taking it out of context. From the next sentence in the article, "Mr Thompson criticised the decision to have an employee take him through the game, arguing he could have avoided making violent choices."
    In other words, since it was a pre-release version, and since the judge was only shown what the Take-Two employee decided to demonstrate for him, it's hard to tell what the judge actually saw. I can't even count how many games can be played in a much less violent way if so desired (like not using fatalites in Mortal Combat, or not doing head shots in TFC, etc). Entire areas of the map could also be avoided (like fighting inside of shcools).
    This case involves Jack Thompson and a judge that thus far has demonstrated his ability to act fairly. Despite Jack's reputation himself as an annoyance, the Judge agreed to actually look at the game before making a decision. Then, upon seeing it, he drew parallels to existing societal norms. So far these are the actions of a rational man; and they're just what we know from a news article.

    I know what happens when you assume, but in this case I am going to go out on a limb here and suggest that if Judge Friedman felt he was being decieved, he would have stated so. If I may as well, I'll take the leap that if Jack felt Judge Friedman was being decieved, he would have no problems fufilling his obligation to the court to say so. In short, with lack of evidence to the contrary, and no history of foolish behavior in this case on the part of Judge Friedman -- I am going say that Judge Friedman did his job, and its judicial armchair quarterbacking on your part to think otherwise because a news article did not detail every step of the trial to your satisfaction.

    ~Rebecca (IANAL, but damn this is my second law related post today)
  • by tdc_vga ( 787793 ) on Monday October 16, 2006 @01:12PM (#16454733)
    I wish people would read: http://www.lectlaw.com/files/cur78.htm [lectlaw.com] (or one of another billions sources or the actual case files) before always mentioning "the coffee case." I am studying to be a lawyer and 9 out of 10 people who reference a case have never read the case, the facts, or otherwise, but still are "horrified" at the results. I was speaking with a Federal Judge yesturday and he told me how people constantly come up to him and call him and activist judge for his decision in XYZ case, but when asked if they've read the case they more than 90% of the time will say no, but they heard about it on the news.

    I know this is Slashdot and no one reads that article, but please at least read the points of your post(s), because you only spread more FUD or at the very least misinformation.

    Cheers,
        TdC
  • by future assassin ( 639396 ) on Monday October 16, 2006 @01:14PM (#16454765)
    ''You did not see the game,'' Mr Thompson told the judge at Friday's hearing. "You don't even know what it was you saw." Mr Thompson criticised the decision to have an employee take him through the game, arguing he could have avoided making violent choices.

    Isn't this a good thing? At least the player has a choice and not like tv/movies where you have to watch gore all the way through (unless you can make yourself to pick up the remote) . At the end of the day its parents responisbility to monitor what they buy their children and what their children do.
  • by icejai ( 214906 ) on Monday October 16, 2006 @01:18PM (#16454827)
    Mr Thompson criticised the decision to have an employee take him through the game, arguing he could have avoided making violent choices.

    I think this is the most telling of Mr Thompson's state of mind.
    He may not have realized it, but he just defeated his entire standpoint against any videogame. What he says is completely true about games, and about life in general. Yes, kids *can* do violent things, but it's up to the individual to "avoid making violent choices" in video games and in life. It is the responsibility of the parents to teach their kids how to deal with frustrating situations, and to be the prime example.

    Mr. Thompson is really setting a bad example to the very kids he's trying to protect. Avoiding "making violent choices" involves restraint. But him lashing out at everyone and everything, using his lawyer status as a tool to frighten others not as knowledgable in law to do what he wants done, is sending the opposite message.
  • Re:good comment (Score:4, Insightful)

    by Cyno01 ( 573917 ) <Cyno01@hotmail.com> on Monday October 16, 2006 @01:19PM (#16454841) Homepage
    But every damn retailer follows them because otherwise people like Jack Thompson would have their balls. Movie ratings are also voluntary.
  • Re:good comment (Score:5, Insightful)

    by tkrotchko ( 124118 ) * on Monday October 16, 2006 @01:22PM (#16454881) Homepage
    No, it's bad.

    It's not a judge's job to put his own personal feelings into the matter.

    It's wrong on a lot of levels:

    1) The judge should have said "I don't rule on video game violence"
    2) He should have said "I am not qualified to look at a game to decide what is okay"
    3) It's not his job to look at a game at decide if it's "Okay" for the rest of the public to play.

    What's next? People can ask a judge if TV show is okay? A magazine? A book?

    Where does this power stem from to rule on the contents of video games? I've never heard of it before.

    This is beyond a slippery slope; it's a cliff. Look, I get that this Jack guy doesn't like video games and violence. Great. Fine. He should be allowed to campaign against them. Free speech works both ways. But that doesn't mean anyone has to take this guy seriously. The judge actually took this guy seriously for a week. That should bother everyone. I'm not commenting on whether Jack has a point; I'm simply questioning this judge putting himself in a position to judge.
  • Re:good comment (Score:2, Insightful)

    by Anonymous Coward on Monday October 16, 2006 @01:23PM (#16454915)
    In my opinion, having guns at home, at work, in shopping malls and now even in you classrooms (since apparently even teachers are supposed to carry guns now) is a much greater risk than videogames.
    In my opinion, shared by our founding fathers, not having guns is quite a bit worse.
  • Re:good comment (Score:5, Insightful)

    by poot_rootbeer ( 188613 ) on Monday October 16, 2006 @01:28PM (#16455005)
    Free speech works both ways. But that doesn't mean anyone has to take this guy seriously. The judge actually took this guy seriously for a week. That should bother everyone.

    Ever hear the saying "Justice is blind"?

    A judge is supposed to take EVERYBODY seriously. And because the judge took the complaint seriously and worked methodically in dismantling it, Thompson has very little room now to appeal the decision.

    I wouldn't want a judicial system where the guy on the bench could deny me justice just because he thinks I'm a nutbag before I've even argued my case. I should have to PROVE I'm a nutbag before the court can deny me its good graces.
  • Re:good comment (Score:5, Insightful)

    by Dun Malg ( 230075 ) on Monday October 16, 2006 @01:41PM (#16455217) Homepage
    It's wrong on a lot of levels: 1) The judge should have said "I don't rule on video game violence" 2) He should have said "I am not qualified to look at a game to decide what is okay" 3) It's not his job to look at a game at decide if it's "Okay" for the rest of the public to play.
    No, you're wrong. In an ideal world, yeah, the judge should be able to say the above and everyone would say "yes indeed, it's none of our business". But that's not what would happen. If the judge declared himself unqualified to judge if the game is OK, that philosophically leaves a back door open to find a judge that thinks he IS qualified, because there are PLENTY of people out there who think it IS the government's business whether "violent" media is allowed to be distributed. His answer frames the question in a more practical way, one that addresses the stupid fucks who think that way: "If we (collectively) are willing to tolerate a greater level of violence than this on TV, calling for a ban on this game for violent content makes no sense." See, it's not as effective to say "your method of applying morality is wrong" as it is to say "your argument is wrong even by your own moral standards".
  • Great quote (Score:2, Insightful)

    by Devir ( 671031 ) on Monday October 16, 2006 @01:51PM (#16455365) Homepage
    "Mr Thompson criticised the decision to have an employee take him through the game, arguing he could have avoided making violent choices."

    If true, this just goes to show that the game allows you the player to make moral choices. It allows you to choose a non violent path to certain situations.

    After reading this fiasco for the past few months i'm actually wanting to buy the game. Prior to Thompson throwing a fit, i would have ignored the game on the shelf.
  • Re:good comment (Score:3, Insightful)

    by Arwing ( 951573 ) on Monday October 16, 2006 @02:01PM (#16455599)
    But what if we need to rise up again against some type of authority that abuses its power? What if the day when everyday citizen will need to protect themselves from the authority? Look at what's going on in U.S. today, is it really that unthinkable that we can no longer trust the people who are suppose to be our 'representatives' in the government??
  • Re:good comment (Score:3, Insightful)

    by Ravenscall ( 12240 ) on Monday October 16, 2006 @02:06PM (#16455705)
    Ah, but take away all the guns, and what stops the govenrment from taking away everything? Crime be damned, it is the government and it's crreping crawl towards fascism that scare me.
  • Re:good comment (Score:2, Insightful)

    by metallic ( 469828 ) on Monday October 16, 2006 @02:17PM (#16455907)
    Lawful gun owners rarely commit any crimes with their weapons. I've owned guns since I was 8 and I have never once killed someone. Guns aren't the problem, people are. And as long as people have criminal inclinations then there will be problems with violence. That is why in the UK the police wear vests that are intended to stop a knife blade instead of a bullet. You are trying to fix a social problem through legislation which never works. And if I remember correctly, the violent crime rate in the UK went up when that country all but banned private gun ownership.
  • Re:good comment (Score:2, Insightful)

    by metallic ( 469828 ) on Monday October 16, 2006 @02:22PM (#16455979)
    You seriously overestimate the number of gun owners in the United States. Most people I know have not even held a gun, let alone owned or shot one. We are not afraid to go out on the streets at night. It's not like there is blood just constantly flowing down main street. And frankly, you should be happy that the United States has had such a deep ingrained gun culture. It's one of the reasons that you aren't speaking German as your primary language.
  • Re:good comment (Score:2, Insightful)

    by kfg ( 145172 ) on Monday October 16, 2006 @02:34PM (#16456229)
    A judge is supposed to take EVERYBODY seriously.

    Under law.

    Show me the law that gives prior restraint complaints standing. A judge is supposed to dismiss cases that don't have any. He has a reponsibility to take such cases with no more seriousness than that.

    KFG
  • Re:good comment (Score:3, Insightful)

    by jackbird ( 721605 ) on Monday October 16, 2006 @02:52PM (#16456575)
    I think the GP is saying they wished the judge had dismissed as a matter of law, rather than on the merits.
  • by rifter ( 147452 ) on Monday October 16, 2006 @02:57PM (#16456647) Homepage

    SERIOUSLY. Show me proof because I am 100% sure you are full of shit. No judge in their right mind would allow a free speech law to stand like that. If they did, it would be struck on appeal (and it WOULD be appealed).

    This is not a question of freedom of speech. If the laws barred such games from being sold/produced/owned at all then it would violate the first amendment (among other things) and therefore would be struck down. Which has already happened. However, the question of whether such material is to be allowed in the hands of minors is a seperate issue. Historically courts have upheld laws restricting minors' access to certain materials (such as pornography) without the consent of their parents.

    The poster is correct in stating that laws that require vendors to be responsible for checking the age of customers who buy certain games/videos/music cds has generally been upheld for the same reason that laws requiring stores to check ages for cigarettes/alcohol/firearms/pornography. The argument that it presents an undue burden on the retailer was not upheld, and the laws themselves do not directly challenge constitutional rights as currently interpreted by the courts since adults still have access to these things.

    The wider question, where because of these burdens and economic factors retailers/moviehouses demand that media be censored to meet the standard of their market, as happens with movies needing a certain rating or the "Wal-Mart version" of a cd, sanitized so that it no longer has a "mature" rating, and its effect on the ability of content providers to create unhindered works of art and adults to access those works has not been addressed as far as I know. I'm not sure the courts are the right answer for that question, but it is a societal problem that must be faced as surely as the problem of unsupervised, unguided/misguided children and the damage they cause because their parents refuse to take responsibility and do their jobs.

  • Re:good comment (Score:3, Insightful)

    by rifter ( 147452 ) on Monday October 16, 2006 @03:14PM (#16456893) Homepage

    "I find the judge's defense is sound: The judge basically identified that the level of violence in this game is already approved by society."

    But that's the wrong test. There is, to my knowledge, no precedent for restraining publication of anything. Even instructions for creating a nuclear bomb in the 50's.

    That's just not the case. It's sad, but there is in fact ample precedent for restricting works wholesale. Think _Ulyses_ or _Lady_Chatterly's_Lover_ or _Lolita_ or anything else on the "banned books list." The legal standard established by precedent is exactly what the judge was following here. A work can be judged obscene and therefore unworthy of first amendment protection if it holds no artistic value, appeals to the prurient interest, and meets the community's standard of obscenity. I don't agree with that but that is how the law has been interpreted for a very long time. The judge's argument here is that the community already accepts a level of violence greater than what is contained in the game as valid entertainment, and there is nothing else objectionable in the game. Therefore it fails to meet the legal standard for obscenity and must be allowed.

    Personally I am an absolutist when it comes to the constitution. I think when it says "shall make no law" that's what it should mean. None of this funny business about "reasonable compromises for society" and all that. The Constitution is not reasonable and does not compromise. It is not to be held to the standard of culture that was the product of millenia of oppression and ignorance. It stands above all and should be regarded in that way. I don't think it's even useful to go too far into what the "Founding Fathers" would have allowed. They could not possibly have completely imagined what they had unleashed. They had an idea, but even they were not ready to apply it as we have by freeing slaves, allowing non-landowners/non-whites/women to vote, etc. But despite the fact the government felt the need to amend it to accomplish these things, the law was already there in the constitution and the declaration of independance. "Society" was just not ready to apply it properly just as it was not ready to accept a world without kings where free men chose their own destiny and "class" no longer mattered.

    Every time we try to apply the needs of "our heritage" and "society" to these things we take a step backward. That's why the constitution should be interpreted literally and followed as the supreme law of the land. It doesn't say "you have freedom of speech as long as you do not offend the most prudish of minds." It does not say you have the "right to be secure in [your] papers, effects" etc except when the government feels the need to pry. It says no and it means it. "make no law." Do not touch this area of life.

    There have always been people who want to move backwards and want to change things back the way they used to be, especially people who once held more sway than they do now. They will always have an excuse, some reasonable argument why you should allow them to have their way. And that is why we should always follow the constitution. We should say that no means no, period. To believe this is alreday the case is to suffer from grave naivite and serious error.

  • Re:good comment (Score:2, Insightful)

    by Anonymous Coward on Monday October 16, 2006 @04:01PM (#16457661)
    Congratulations, you're a liberal. A REAL liberal, not one of those socialist usurpers who call themselves a liberal because socialism has a bad name in the U.S. You're a liberal in the same sense as Voltaire and John Locke.

    It's really very simple: if the people don't want this type of thing, there will be no market for it. QED. Nanny state politics and overbearing government intrusion need not apply. If you must engage in lawsuit abuse and political hackery to prevent things like this from coming to bear, then you are merely using an abusive, authoritarian system to engage in anti-free-market tactics for the purposes of enforcing your minority view on a large number of free people.

    While we're on the subject, let's point out to all our conservative friends that these very same people despised the very notion of traditionalism (one of the prime elements in a lot of current social and political debates) and rejected the idea that past behavior was a valid criteria for determining a future path. Funny how living under the affliction of the Divine Right of Kings will give you a (rightful) distaste for arbitrary tradition.

    It really is sad to see how badly things have gotten away from us over the last 100 years or so. I feel bad that the framers did all that work for nothing.

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