http://www.gamasutra.com/php-bin/new...hp?story=14454
New notices sent to Gamasutra from D3 Publisher and Take-Two are implying the ESRB is seeking new oversight to officially rate publisher-produced game media and trailers in a similar manner to the film industry.
The first notice came from D3 Publisher, whose forthcoming action title Dark Sector has not yet been rated by the ESRB. "We recently received a ruling from the ESRB," the statement reads, "stating that the two officially released Dark Sector gameplay montages have been deemed to contain excessive or offensive content; and to this end are not to be available for download or viewing, regardless of being placed behind an age gate."
"In order to comply with this ruling," says D3, "the ESRB has requested that the two Dark Sector gameplay montages be pulled immediately upon receipt of this notice and no longer made available for view by consumers." The notice is quick to point out that "your ability to capture direct feed footage for distribution on your site" is not covered by the policy.
Shortly thereafter, a similar notice from the 2K Games arm of publisher Take-Two arrived, noting that "the ESRB requires that all trailers for Mature ("M") and Adults Only ("AO") rated games be appropriately age-gated" -- specifically warning regarding footage of the company's The Darkness title due for release this week.
"Game publishers that do not comply with the age gate requirement are subject to enforcement actions by the ESRB," the statement warns, though it makes no mention of precisely what penalties exist for non-compliant sites.
In a follow-up to the initial emailed statement, a Take-Two representative told Gamasutra that its new trailer for The Darkness has been rated separately to the game by the ESRB.
This implies that official game trailers are now being rated by the organization, and that the rating for the trailer could differ from the overall game's rating. The ESRB has not yet responded to Gamasutra for further comment and official statement on the matter.
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QUITE wrong. Doesn't "age gate" mean those useless drop drown "enter your b-day" things? Those haven't stopped anybody.
I mean, GameTrailers can show whatever the hell they want to show, and I don't think the ESRB can touch them. On the other hand, they don't want to piss off any of those aforementioned parties, nor do they want to get the game authors in trouble, since they wouldn't get more trailers that way.
Honestly, I think this game rating stuff is going overboard. I think an age-gate is sufficient for any content on the internet, at least when we're talking about mainstream gaming. This isn't Rape Simulator 3D we're talking about here, it's just a dark and violent action game, and it's just a game trailer. Oh noes, save the children.
We don't have official sensors crossing out the names of politically 'undesirable' individuals from newspapers, but we sure as hell DO have unnofficial censors/liscensing boards/corporate tools deciding to extract supposedly objectionable or controversial content on a daily basis as a means of protecting the children/protecting their bottom line/winning reelection/whatever.
The lack of official censors is not the same thing as the lack of censorship.
Quite. It's the same reason adverts for 18-rated games on the front of games magazines aimed squarely at teenagers are.. a little off.
This isn't censorship; it's an industry trying to regulate itself so that the government won't. Exactly the same as the film industry does. The ERSB does seem to be using rather overly forceful language, however.
You're absolutely right, and I don't like all of this unofficial censorship. On the other hand, I view official/governmental censorship as being a lot worse. I consider the ESRB to be the lesser of two evils, and is a lot better than Jack Thomson-style "justice."
Second, how is this not going to be confusing to consumers? "This trailer is rated T," for an M rated game...
If you thought people were pissed at the game industry before...
https://steamcommunity.com/profiles/76561197970666737/
mypace
Wii: 2992 8651 9498 7353
PS3: secretsquares
Why can't they just do something like "This trailer has been approved for a general audience" like with movie previews?
So.... I just get my game trailers from a non American website. Last I checked America didn't own the internet.
fucking stupid, in my opinion. but if they're charging the same way they charge for full ratings, they'll be making money in fucking barrel-fulls.
?
Theres really nothing else they can do is there?
That's exactly how they do movie trailers, in the UK at least. At the cinema, the certification card for the trailer pops up before each trailer; then at the end, the rating (if it's known yet) is given for the film itself.
Yes..but my point was in the original letters they say that companies that don't comply with the ESRBs demands will be "subject to enforcement actions by the ESRB" and..if a publisher doesn't want to comply, there really isn't anything the ESRB can do is there? go cry in a corner? Publishers really don't have any reason to comply. People have been saying the industry needs to regulate itself so the government won't..but lets be serious, the governments not gonna care as long as the trailers are behind age gates
The companies choose to belong to the ESRB because it's for the good of the industry as a whole to voluntary rate and monitor their content to avoid government involvement, just like every other entertainment industry has chosen to do. You won't see Hostel previewed in front of Shrek 3, they simply want to try to avoid the same thing with game previews. It's not that big of a deal because the ESRB is a group made by the industry to protect the industry and in the fact of the complete fuck-all that Rockstar tried to create they are being a bit overcautious right now.
The ESRB is not the enemy - it's simply the industry monitoring its own behavior.
it just seems to me like the ESRB creeps closer and closer to being the RIAA every day. Just in the way it strongarms and intimidates those its supposed to be representing
I mean they haven't even submitted the game for rating.
That said, when the ESRB is overstepping its bounds, we need to call them on it, or it will end up like the Comics Code Authority or similar: damaging to the art form for a while, and then thrown away.
Otherwise, this shouldn't be an issue really for most companies. If a company wants to put something out there, they will regardless.
Except they will want to eventually get the ESRB to rate the game and since the ESRB is an independent group they can make whatever rules they want to allow games to be rated. Not saying they will do this for sure but it opens the door for them to say 'if you want us to rate the game you're not allowed to release any trailers until we see them'.
And if the ESRB keeps acting like dicks (not necessarily on this particular issue, but in general) then eventually a high-profile game release is going to decide not to bother going through the ratings system, and stores will stock it anyway because fuck, man, it's Grand Theft Auto Five or whatever and is sure to sell a jillion copies, and the ESRB will fucking vanish overnight.
The same exact thing happened with the Comics Code Authority. Stan Lee wanted to do a Spiderman story about drugs. The CCA said no. Marvel said, "fuck it, it's goddamn Spider-Man; let's just not get it certified", and newsstands and convenience stores around the country stocked it anyway because it's fucking Spider-Man. And today the CCA mark is entirely optional and Marvel doesn't even bother trying and DC tries but doesn't give a shit if it gets rejected.
And that's why they're still around.
However, if they start to get power-drunk and continue to do stuff like pull trailers entirely, retroactively re-rate games, etc. etc., then publishers will get pissed, and retailers will get pissed, and the ESRB exists only at the behest of publishers and retailers.
One of the big chains, I believe its Walmart, won't stock adult rated games. If they carried that same policy over to not stocking unrated games then any game maker is essentially forced to get a rating as if they don't it will kill the game.
Stan Lee wanted to essentially say "drugs are bad, mkay?" The CCA didn't like that because the context didn't matter. All drugs weren't allowed in CCA approved comics.
One of the more retarded things that the CCA caused was that zombies weren't allowed, but zuvembies, creatures that are exactly like zombies, were OK.
Gamestop also does not stock AO rated titles... I believe Best Buy is the same way. Everyone pulled GTA when the rating changed, except maybe FYE..
https://steamcommunity.com/profiles/76561197970666737/
But the difference is GTA's rating changed well, well after its release and initial sales, where the vast majority of the profits are made. I don't know about wal-mart but I really couldn't see gamestop not stocking a huge title like that at release and risking the huge loss in sales, regardless of rating.