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Report: ESRB Enforcing Game Trailer Ratings

etoychestetoychest Registered User regular
edited June 2007 in Games and Technology
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.

etoychest on
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Posts

  • NickTheNewbieNickTheNewbie Registered User regular
    edited June 2007
    Wait wait wait, who are the ESRB to say that the dark sector trailers aren't allowed to be seen by ANYBODY?

    NickTheNewbie on
  • Burning OrganBurning Organ Registered User regular
    edited June 2007
    Uhhh... I thougt the US didn't censor things? Or am I wrong?

    Burning Organ on
  • DarlanDarlan Registered User regular
    edited June 2007
    Urgel wrote: »
    Uhhh... I thougt the US didn't censor things? Or am I wrong?

    :lol: QUITE wrong. Doesn't "age gate" mean those useless drop drown "enter your b-day" things? Those haven't stopped anybody.

    Darlan on
  • schmadsschmads Registered User regular
    edited June 2007
    I don't think they have the legal right to do anything, but the industry as a whole is currently doing it's best to abide by such rules. The publishers expect it, the system producers expect it, etc. So, while I think it's remarkably Naziesque to say that they're not allowed to show an unrated trailer, even behind an age-gate, it's not terribly surprising.

    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.

    schmads on
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  • Burning OrganBurning Organ Registered User regular
    edited June 2007
    But... Didn't they say that NOONE AT ALL were allowed to see them? I might have misread.

    Burning Organ on
  • JihadJesusJihadJesus Registered User regular
    edited June 2007
    Urgel wrote: »
    Uhhh... I thougt the US didn't censor things? Or am I wrong?
    Dead wrong.

    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.

    JihadJesus on
  • Lindsay LohanLindsay Lohan Registered User regular
    edited June 2007
    It's just a part of trying to ensure that games that aren't intended for younger audiences don't get advertised for them. Kind of like trying to make sure there's no ads for Manhunt, Marlboro's and Gin in Boys' Life magazine.

    Lindsay Lohan on
  • ÆthelredÆthelred Registered User regular
    edited June 2007
    Herby wrote: »
    It's just a part of trying to ensure that games that aren't intended for younger audiences don't get advertised for them. Kind of like trying to make sure there's no ads for Manhunt, Marlboro's and Gin in Boys' Life magazine.

    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.

    Æthelred on
    pokes: 1505 8032 8399
  • schmadsschmads Registered User regular
    edited June 2007
    JihadJesus wrote: »
    Urgel wrote: »
    Uhhh... I thougt the US didn't censor things? Or am I wrong?
    Dead wrong.

    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.

    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."

    schmads on
    Battle.net/SC2: Kwisatz.868 | Steam/XBL/PSN/Gamecenter: schmads | BattleTag/D3: Schmads#1144 | Hero Academy & * With Friends: FallenKwisatz | 3DS: 4356-0128-9671
  • DusdaDusda is ashamed of this post SLC, UTRegistered User regular
    edited June 2007
    I'm all for the ESRB doing it's best to follow movie trailer age-gating, but the Dark Sector thing is just bullshit.

    Dusda on
    and this sig. and this twitch stream.
  • etoychestetoychest Registered User regular
    edited June 2007
    We posted several updates to the original story on Gama linked in the OP, including some statements, and reports of other vids being taken down.

    etoychest on
  • ShadowfireShadowfire Vermont, in the middle of nowhereRegistered User regular
    edited June 2007
    First, how can they tell a company "fuck you, you can't show your trailer" and expect the company to say "ok, dad?"

    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...

    Shadowfire on
  • sleepykissessleepykisses Registered User regular
    edited June 2007
    Godddddddddddddddd come on that's so stupid.

    sleepykisses on
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  • CouscousCouscous Registered User regular
    edited June 2007
    Shadowfire wrote: »
    First, how can they tell a company "fuck you, you can't show your trailer" and expect the company to say "ok, dad?"

    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...

    Why can't they just do something like "This trailer has been approved for a general audience" like with movie previews?

    Couscous on
  • LewiePLewieP Registered User regular
    edited June 2007
    psyduckky6.gif

    LewieP on
  • The_ScarabThe_Scarab Registered User regular
    edited June 2007
    ESRB is American only right?

    So.... I just get my game trailers from a non American website. Last I checked America didn't own the internet.

    The_Scarab on
  • HoukHouk Nipples The EchidnaRegistered User regular
    edited June 2007
    The_Scarab wrote: »
    ESRB is American only right?

    So.... I just get my game trailers from a non American website. Last I checked America didn't own the internet.
    if it's a trailer for an american-made game for release in america, it won't matter where it's hosted. esrb will put pressure on the publisher, who will put pressure on whoever's hosting it. or, in the future, the trailers wont even be released without going through the esrb first.

    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.

    Houk on
  • taliosfalcontaliosfalcon Registered User regular
    edited June 2007
    is there any way for the ESRB to put pressure on a company other than "we'll rate your game harsher!"
    ?

    Theres really nothing else they can do is there?

    taliosfalcon on
    steam xbox - adeptpenguin
  • Vincent GraysonVincent Grayson Frederick, MDRegistered User regular
    edited June 2007
    For those not quite grasping this, the publisher of the game (be it at the ESRB's request, or not) can at any time request a trailer be pulled, and sites must comply, or be violating copyright (as distribution of the copyrighted materials contained in the trailer is subject to all appropriate laws and regulations, and said copyrights are owned/controlled by the publisher).

    Vincent Grayson on
  • ÆthelredÆthelred Registered User regular
    edited June 2007
    Shadowfire wrote: »
    Second, how is this not going to be confusing to consumers? "This trailer is rated T," for an M rated game...

    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.

    Æthelred on
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  • taliosfalcontaliosfalcon Registered User regular
    edited June 2007
    For those not quite grasping this, the publisher of the game (be it at the ESRB's request, or not) can at any time request a trailer be pulled, and sites must comply, or be violating copyright (as distribution of the copyrighted materials contained in the trailer is subject to all appropriate laws and regulations, and said copyrights are owned/controlled by the publisher).

    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

    taliosfalcon on
    steam xbox - adeptpenguin
  • FyreWulffFyreWulff YouRegistered User, ClubPA regular
    edited June 2007
    I imagine publishers that don't like this will simply stop showing the ESRB rating in their game trailers, which is the crux of the matter - the ESRB can only do this if they want to show that because they own the trademark. No trademark, they can't even touch it.

    FyreWulff on
  • HoukHouk Nipples The EchidnaRegistered User regular
    edited June 2007
    For those not quite grasping this, the publisher of the game (be it at the ESRB's request, or not) can at any time request a trailer be pulled, and sites must comply, or be violating copyright (as distribution of the copyrighted materials contained in the trailer is subject to all appropriate laws and regulations, and said copyrights are owned/controlled by the publisher).

    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
    if they deem it within their right, they can levy fines the same way they can currently levy fines if you don't receive and properly display your ESRB rating on your game box and in your ads. whether they have the right to do that hasn't really been tested, i dont think, but they can certainly say they do and threaten people with it.

    Houk on
  • Lindsay LohanLindsay Lohan Registered User regular
    edited June 2007
    For those not quite grasping this, the publisher of the game (be it at the ESRB's request, or not) can at any time request a trailer be pulled, and sites must comply, or be violating copyright (as distribution of the copyrighted materials contained in the trailer is subject to all appropriate laws and regulations, and said copyrights are owned/controlled by the publisher).

    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.

    Lindsay Lohan on
  • taliosfalcontaliosfalcon Registered User regular
    edited June 2007
    Herby wrote: »
    For those not quite grasping this, the publisher of the game (be it at the ESRB's request, or not) can at any time request a trailer be pulled, and sites must comply, or be violating copyright (as distribution of the copyrighted materials contained in the trailer is subject to all appropriate laws and regulations, and said copyrights are owned/controlled by the publisher).

    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

    taliosfalcon on
    steam xbox - adeptpenguin
  • PataPata Registered User regular
    edited June 2007
    How the heck can the ESRB tell them to do anything?

    I mean they haven't even submitted the game for rating.

    Pata on
    SRWWSig.pngEpisode 5: Mecha-World, Mecha-nisim, Mecha-beasts
  • DaedalusDaedalus Registered User regular
    edited June 2007
    Herby wrote: »
    For those not quite grasping this, the publisher of the game (be it at the ESRB's request, or not) can at any time request a trailer be pulled, and sites must comply, or be violating copyright (as distribution of the copyrighted materials contained in the trailer is subject to all appropriate laws and regulations, and said copyrights are owned/controlled by the publisher).

    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.

    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.

    Daedalus on
  • PolagoPolago Registered User regular
    edited June 2007
    This is one of those easy loophole situations if you ask me. "Official" game trailers getting ratings? MORE UNOFFICIAL FOOTAGE! Either that, or you'll see more "leaked" footage/trailers.

    Otherwise, this shouldn't be an issue really for most companies. If a company wants to put something out there, they will regardless.

    Polago on
  • djklaydjklay Registered User regular
    edited June 2007
    FyreWulff wrote: »
    I imagine publishers that don't like this will simply stop showing the ESRB rating in their game trailers, which is the crux of the matter - the ESRB can only do this if they want to show that because they own the trademark. No trademark, they can't even touch it.

    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'.

    djklay on
  • DaedalusDaedalus Registered User regular
    edited June 2007
    djklay wrote: »
    FyreWulff wrote: »
    I imagine publishers that don't like this will simply stop showing the ESRB rating in their game trailers, which is the crux of the matter - the ESRB can only do this if they want to show that because they own the trademark. No trademark, they can't even touch it.

    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.

    Daedalus on
  • CouscousCouscous Registered User regular
    edited June 2007
    ESRB will fucking vanish overnight. The same exact thing happened with the Comics Code Authority.
    The ESRB doesn't directly ban any material from the comics that had the rating or whatever unlike the CCA did. That is an important difference. You don't have to go all or nothing with the ESRB. You can just edit some of the stuff out and get a M rating or whatever rating you want. With the CCA, you couldn't use certain stuff at all if you wanted to get approved by it. That encouraged comic producers to just ignore it because it was unnecessarily restrictive. The ESRB is much less restrictive when it comes to that stuff.

    Couscous on
  • DaedalusDaedalus Registered User regular
    edited June 2007
    titmouse wrote: »
    ESRB will fucking vanish overnight. The same exact thing happened with the Comics Code Authority.
    The ESRB doesn't directly ban any material from the comics that had the rating or whatever unlike the CCA did. That is an important difference. You don't have to go all or nothing with the ESRB. You can just edit some of the stuff out and get a M rating or whatever rating you want. With the CCA, you couldn't use certain stuff at all if you wanted to get approved by it. That encouraged comic producers to just ignore it because it was unnecessarily restrictive. The ESRB is much less restrictive when it comes to that stuff.

    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.

    Daedalus on
  • khainkhain Registered User regular
    edited June 2007
    djklay wrote: »
    FyreWulff wrote: »
    I imagine publishers that don't like this will simply stop showing the ESRB rating in their game trailers, which is the crux of the matter - the ESRB can only do this if they want to show that because they own the trademark. No trademark, they can't even touch it.

    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.

    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.

    khain on
  • emnmnmeemnmnme Registered User regular
    edited June 2007
    Tell us more about this hopped up Spider-Man, warlock. Stan Lee wanted Spider-Man webslinging while high?

    emnmnme on
  • CouscousCouscous Registered User regular
    edited June 2007
    emnmnme wrote: »
    Tell us more about this hopped up Spider-Man, warlock. Stan Lee wanted Spider-Man webslinging while high?

    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.

    Couscous on
  • HoukHouk Nipples The EchidnaRegistered User regular
    edited June 2007
    khain wrote: »
    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.
    your point is a good one, but as was mentioned, if a big-ticket game like GTA or Halo or even a non-mature-but-popular game decided not to be rated, wal-mart would have to decide whether not stocking it and losing those profits is worth that stance. if they go for profits, ESRB's main source of influence goes kaput.

    Houk on
  • ShadowfireShadowfire Vermont, in the middle of nowhereRegistered User regular
    edited June 2007
    Houk wrote: »
    khain wrote: »
    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.
    your point is a good one, but as was mentioned, if a big-ticket game like GTA or Halo or even a non-mature-but-popular game decided not to be rated, wal-mart would have to decide whether not stocking it and losing those profits is worth that stance. if they go for profits, ESRB's main source of influence goes kaput.

    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..

    Shadowfire on
  • taliosfalcontaliosfalcon Registered User regular
    edited June 2007
    Shadowfire wrote: »
    Houk wrote: »
    khain wrote: »
    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.
    your point is a good one, but as was mentioned, if a big-ticket game like GTA or Halo or even a non-mature-but-popular game decided not to be rated, wal-mart would have to decide whether not stocking it and losing those profits is worth that stance. if they go for profits, ESRB's main source of influence goes kaput.

    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..


    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.

    taliosfalcon on
    steam xbox - adeptpenguin
  • FreddyDFreddyD Registered User regular
    edited June 2007
    This may hurt console developers because Sony, MS, and Nintendo all require non-AO ESRB ratings before they publish a title but PC developers might as well do whatever they want and release their games unrated.

    FreddyD on
  • FyreWulffFyreWulff YouRegistered User, ClubPA regular
    edited June 2007
    I wonder why we can't just have Unrated games (ESRB actually has a Unrated rating..) like we have Unrated movies.

    FyreWulff on
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