EMA supports rejection of Minnesota videogame law
Entertainment Merchants Assn. legislative update for March
By Cheryl Cheng -- Video Business, 4/8/2008
APRIL 8 | The following summarizes key government affairs activities during March of the Entertainment Merchants Assn.
• ESA v. Swanson (Minnesota Videogame Law): The U.S. Court of Appeals for the Eighth Circuit has upheld the 2006 U.S. District Court ruling that the Minnesota videogame law is unconstitutional. The law would have imposed a $25 civil penalty on minors under 17 who rented or purchased a game rated “Mature” or “Adults Only.” It also would require retailers to post signage about the prohibition. The state of Minnesota has requested the Eighth Circuit rehear the appeal and argues that videogames should not be protected by the First Amendment. The court has not yet ruled on the request.
• Massachusetts Videogame Hearing: EMA member and retailer Mark Nathanson testified in opposition to a proposed Massachusettes bill that will “restrict the sale of videogames with violent content to minors” (House Bill 1423). EMA argues that the language of the bill was too vague to enforce.
• PRO IP Act: EMA endorses the Prioritizing Resources and Organization for Intellectual Property Act (H.R. 4279). The act will improve coordination of federal anti-piracy efforts, direct more resources for enforcement of intellectual property laws and enhance existing copyright law.
• Coalition Against Counterfeiting and Piracy: EMA has joined the Coalition Against Counterfeiting and Piracy, a coalition of more than 500 organizations committed to finding solutions for counterfeiting and piracy.
• Wisconsin Secondhand Goods Bill: A revised version of the bill has been signed into law. Addressing EMA concerns, the amended bill omits the requirement that sellers of secondhand DVDs, CDs and videogames who are not “primarily engaged” in that business be subject to recordkeeping and holding requirements.
• Virginia Secondhand Goods Bill: The Virginia House Bill 604 has been voted down. The bill would have established licensing, recordkeeping, reporting and holding requirements for secondhand goods dealers.
