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The Proposed Bill Will Make Selling Or Renting Non-Rated Games A Crime

January 18, 2013 by Matt Hawkins

It holds the possibility of making the lives of indie and smart phone game makers very difficult.

The demonization of video games continues with Bill H.R.287, or the Video Games Ratings Enforcement Act.

Joystiq explains that it has three primary goals: to make the selling and renting of non ESRB-rated video games an illegal act, to prohibit the sale of games rated Mature and Adults Only to anyone under the age of 17 and 18 respectively, and to institute a stiff penalty to anyone who does not follow suit to either of the rules outline (though it cannot exceed $5,000).

Joystiq also notes that the later two goals aren't exactly shocking. The second one in particular is pretty much in effect already, or at least is supposed to be, in the case of Mature games getting into the hands of minors (and good luck trying to find any AO game in any brick and mortar game shop).

Though it's the first one that might be the biggest headache, if the bill passes.

You see, there are plenty of games that are bought and sold everyday without an ESRB rating. First you have indie games; if a developer who works in their bedroom can't afford the funds to get their game on major platform, due to all the expensive fees involved, how can they expect to afford to pay the heave price tag for ESRB certification?

But let's be honest; the indie gaming world, on the PC, more than likely does not exist to most government officials. But there's another platform where indie developers are currently thriving, one that is far more visible on the public's radar: the smart phone marketplaces.

Virtually none of games in Apple's App Store or the Google Play storefront have ESRB ratings. Will the bill change that? And how will parties like Apple and Google react? Granted, the bill specifies games that sport packaging, so it's clearly intended for those that are sold in stores.

And as clueless as your average politician is, they must know by know that many kids are downloading their games, and not just getting them at the mall. But before worrying about all that, H.R.287 needs to pass first.

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