Entertainment Consumers Association (ECA) Vice President and General Counsel Jennifer Mercurio has gained admission to the U.S. Supreme Court Bar and can now, should the need arise, appeal or argue any case in front of the nation’s highest court.

ECA President Hal Halpin on Mercurio’s admittance, “We couldn't be happier or more proud that Jenn was admitted to the U.S. Supreme Court Bar. The timing of her admittance is critical and this landmark First Amendment case so consequential, and the potential negative repercussions of a loss so staggering, that we must all redouble our efforts.”

Mercurio is spearheading the ECA's efforts related to the association's official amicus brief ("friend of the court" document) for the Court in the upcoming violence in video games case, Schwarzenegger v. EMA.

Disclosure: GamePolitics is a publication of the ECA.

That being said, congrats Jenn!

Entertainment Consumers Association (ECA) President Hal Halpin was given the opportunity to make a post on Sony’s PlayStation blog in order to talk about why Schwarzenegger v EMA should matter to American gamers and to urge them to sign the ECA’s Gamer Petition.

Halpin began by stating, “At stake: gaming in America. Yes, you read that correctly.” He continued:

In the time since the Court’s announcement there has been a lot of media coverage, both from the enthusiast outlets and the national press. A disturbing theme that you’d find too often in the consumer comments is one of apathy. Perhaps it arose from winning in each of the violence in video game cases. Maybe because, from our perspective, it’s hard to wrap your head around the idea that we could lose — the logic seems pretty obvious. Read More

EA.com Editor-in-Chief Jeff Green took to his corporate blog to write about why gamers should care about Schwarzenegger v. EMA.

Agreeing with EA CEO John Riccitiello, who said that a Supreme Court decision upholding the California law would “screw us up in a real way,” Green argued:

… it could have a chilling effect on the gaming industry as a whole--both the makers and sellers of the games, who will have to seriously think twice about the kind of product they can and want to sell, out of fear of ending up in jail. And therein lies the bigger question at hand. Because if you substitute books or movies or music in the previous couple sentences, you can see just how wrong this is. Read More

After years of asking game consumers to get involved in the fight to speak up and care about the issue of videogame violence, gamers have heeded the call, and at a critically important time for the industry, just as it faces perhaps its single most important challenge to date in the U.S. Supreme Court this fall. Read More

And now for some internal stuff. The ECA has hired lawfirm Hughes Hubbard & Reed LLP to assist in drafting its official friend of the court amicus brief related to the upcoming U.S. Supreme Court review of Schwarzenegger v. EMA. Full press release follows: Read More

Sister publication GameCulture recently sat down with Entertainment Consumer Association president Hal Halpin to discuss the serious ramifications of the Supreme Court's planned review of California's violent videogame law later this year. The lead-in to that interview follows below:

"Sometime later this year or early next, the Supreme Court will review EMA v. Schwarzenegger, California's violent videogame law. The law, which would have made it illegal to sell games the state found "excessively" violent to minors, was struck down by the Ninth U.S. Circuit Court in 2009. A few weeks ago the Entertainment Consumers Association announced that it will be filing an amicus brief with the high court. GameCulture asked ECA president Hal Halpin about the case, its importance and the role of gamers in what will certainly become a landmark of videogame (and possibly constitutional) law."

Read the entire interview at GameCulture now. Read More

In response to the U.S. Supreme Court’s decision to review Schwarzenegger v. EMA —a California law that would make it illegal to sell violent videogames to children—The Entertainment Consumers Association (ECA) is launching a two-pronged initiative designed to show the Court exactly how gamers feel about their First Amendment rights.

The ECA plans to submit an amicus brief to the Court and has also launched an online petition that will urge the Court to hold videogames as free speech, protected under the First Amendment.

ECA President Hal Halpin stated: Read More

The editorial roster at ECA websites GameCulture and GamePolitics has expanded yet again with the addition of seasoned journalists, James Fudge and Julie Gray, who join Aaron Ruby, Pete Gallagher and John Keefer.

The former news editor for CrispyGamer, James is a respected news hound, with a reputation for fast, fair and efficient reporting. His editorial pedigree includes notable outlets such as Computer Games Online, IDG Games' Games.net, GameSpy, Voodoo Extreme and GameShark. He will be contributing to both GamePolitics and GameCulture.

In contrast, Julie brings a more personal flare flair to the content line up, with a casual and approachable charm. She hails from New Zealand – the land of Peter Jackson and WETA and draws from a largely print background, with experience as a former Editor of Game Console, Game Freaks and Netguide magazines and online with Gameplanet and Buttonmasher.
Read More

The Entertainment Consumers Association (ECA) has issued a response to the officially released text of the Anti-Counterfeiting Trade Agreement (ACTA).

While expressing excitement “for the proliferation of digitally-distributed products and services,” and respecting the fact that governments and industries are concerned protecting intellectual property, the ECA said that it remained “concerned about the rights of consumers being diminished or marginalized in the process.”

Decrying the lack of input from the public, or from consumer interest groups , the ECA wrote, “Any decisions made by signatory nations must not only be made with the input from the public, but also carefully balance the interests of intellectual property content owners with the rights and interests of consumers.”

Three specific parts of the current ACTA text were called out as points of concern by the ECA: Read More

The Entertainment Consumers Association (ECA) is running a contest as part of its run up to 10,000 Facebook fans.

 The “Tag Yourself to Win” contest offers a variety of prizes and gift cards. To take part, simply become a fan of the ECA on Facebook, wait for a picture to pop up and be the first to tag it with your name and you will win the prize pictured. 

Disclosure: GamePolitics is a publication of the ECA.

Video of a Pax East panel which featured X-Play’s Adam Sessler and Entertainment Consumer Association (ECA) President is now online (and embedded within this story).

The nearly hour-long chat saw the two discuss a myriad of game-related subjects, including piracy, DRM and the distinction of the term “gamer.”

Disclosure: GamePolitics is a publication of the ECA.

The ECA will again be sponsoring panel discussions at the Penny Arcade Expo (PAX). Tomorrow will be “Grassroots: Why Gamers are Getting Involved and Why You Should Too” in the Naga Theatre at 2 p.m. Panelists include: Joseph Donovan (Managing Director, Nelson Mullins Public Strategies), Joel Bartlett (Associate Director of Marketing, PETA), Adam Conner (Associate Manager, Facebook), and Brett Schenker, (Online Advocacy Manager, ECA). They'll be discussing how consumers can fight back and get engaged in such issues as digital rights, DRM, fair use, and a host of broader policy and legislative issues and how your involvement is received and what it does to effect change. Read More

For those out there that might long for the days of Jack Thompson and find themselves wondering exactly what the disbarred attorney is up to day-to-day, seek help.

In addition to seeking help, you may also want to cast your vote in a poll currently running on the Entertainment Consumers Association (ECA) forums, which is asking for votes on the matter of starting a sub-forum dedicated to Thompson’s communiqués.

The current vote stands at 18 in favor of the addition, and 4 against.

As I understand it, if enacted, Thompson’s missives would be posted in his dedicated section by a forum moderator. Whether Jack himself would be able to post or engage users directly is still open for debate.

Voting is restricted to ECA Forum members, but anyone can sign-up for access.

Disclosure: GamePolitics is a publication of the ECA.

The Digital Education Coalition, comprised of The Entertainment Consumers Association (ECA), The International Game Developers Association (IGDA), the Media Education Lab at Temple University and the National Association for Media Literacy Education (NAMLE), has offered comments to the Federal Communications Commission in favor of Net Neutrality.

The document (PDF here) notes why net neutrality is important to coalition members:

The digital education community needs access to a wide variety of online content, which broadband service providers are currently able to block or filter. Further, members of the community need to transmit and access content such as videos, speeches and photos, which require large amounts of bandwidth. The only way to protect educational interests online is to prohibit content-based discrimination.

The group also seeks to persuade the FCC to require internet service providers to act more transparently and to disclose network management practices on their websites.

Members of the digital education community currently have limited access to the network management practices of service providers. Yet, this information is needed to help educators to plan their curricula, enable media literacy educators to teach about network transmissions and assist game developers in the creation of innovative teaching tools.

Disclosure: GamePolitics is a publication of the ECA.

The Entertainment Consumers Association (ECA) has issued a statement in response to an article posted on the Consumerist blog today, which alleged that canceling membership in the organization was difficult and overcomplicated.

GamePolitics is a publication of the ECA.

The response, from the President of the ECA, Hal Halpin, is unedited and after the jump: Read More

The New York City Council Committee on Technology in Government is holding public hearings today on the subject of Net Neutrality.

A live stream of the hearings is available on LiveStream. The Council is live Tweeting coverage as well here. Also look for hashtags #netneutrality or #reso712A.

Entertainment Consumer Association (ECA) Vice President and General Counsel Jennifer Mercurio gave testimony earlier today in support of Net Neutrality.

A sample of her testimony:

ECA is strongly in support the proposals you’ve outlined in Resolution 712A-2007 and of the concept of Network Neutrality, the principle that protects one’s choice of content and equal opportunity on the Internet. Like President Obama, who has pledged to make Network Neutrality the law of the land, we believe that Network Neutrality is a key right for consumers, insuring continued enjoyment and use of the Internet for a variety of applications including recreation, creativity and economic expansion.  This is especially true for video game players (gamers), because our hobby is increasingly tied to the Internet.  Of the 117 million active gamers in the US, 56 percent play games online, accounting for over 65 million Americans.

Disclosure: The ECA is the parent company of GamePolitics

It was only a matter of time before Fox News got involved in the issue of Call of Duty: Modern Warfare 2, and we have confirmation that they will tackle the game tomorrow morning during the Fox & Friends show.

The ECA, which operates GamePolitics, received an email from FOX News around 11 a.m. EST today asking to speak to an "expert gamer" about the controversies surrounding the game. The pertinent part of the email:

Hello,

I write to inquire about a possible interview tomorrow on Fox & Friends. We're the morning show of the Fox News Channel, and are planning on doing a segment on the new Xbox game, Modern Warfare 2. We're hoping to have a debate on the game, and would love to speak to an expert gamer on the controversies surrounding the game. The debate is for 6:50am tomorrow morning, on camera.

The email came to Jason Andersen, the ECA's director of PR. When he responded that the ECA might be interested but they needed more information, he did not receive an answer. So it appears that the ECA will not be the representative side of the games industry.

Hal Halpin, president of the ECA, said that he heard from other sources that FOX wanted to "discuss the ethics and morals that game developers employ when making decisions about what content/direction to employ when they're creating games."

GP: We all know what a pillar of integrity FOX News can be when it comes to covering video games, remembering in particular their coverage of the alien sex simulator that was Mass Effect. Cooper Lawrence, an author used by FOX to bash Mass Effect, later recanted her comments saying:

"Before the show I had asked somebody about what they had heard, and they had said it's like pornography. But it's not like pornography. I've seen episodes of Lost that are more sexually explicit."

So it will be interesting to see how they handle this, seeing as there is already a lot of misinformation about the Modern Warfare 2 terrorist sequence in the mainstream press. Hopefully, whoever responds for "the gamer" will be able to hold their own as well as Geoff Keighley did against Cooper Lawrence.

Watch the episode tomorrow at 6:50 a.m. and tell us what you think.

Update: For a cartoonist's take on the Fox News coverage, check out Crispy Gamer's Backward Compatible.

The Entertainment Consumers Association (ECA) has sent a letter to Federal Communications Commission (FCC) Chairman Julius Genachowski praising proposed Net Neutrality rules.

The letter, which was also copied to the FCC’s four Commissioners, notes the key reasons the Net Neutrality movement is important to gamers:

• Popular massively multiplayer online (MMO) games such as Activision-Blizzard’s World of Warcraft hosts more than eleven million users worldwide;
• Both Xbox Live® and PlayStation Network® connect over 46 million console users in the United States and abroad in hundreds of games online; and
• Well-liked gaming websites like Kongregate, PlayFirst, Pogo.com and PopCap Games also serve hundreds of millions of users on their web browsers.

A section of the letter also touched on the rights of wireless gamers:

The iPhone App Store and other wireless providers are selling thousands of games to consumers on their phones, but are also urging that principals of Net Neutrality should not apply to them. From a gamer’s perspective, wireless providers must be treated the same as any other service provider to insure the same gaming experiences exist across platforms.

Noting that “more troubling behavior in the marketplace” has become more common—such as “deep packet” inspection by Internet service providers—ECA Vice President and General Counsel Jennifer Mercurio wrote:

The ECA asks that the FCC take action now to affirmatively safeguard the free flow of information on the Internet before it’s too late.

Full Disclosure: GamePolitics is a publication of The ECA

Entertainment Consumer Association (ECA) President Hal Halpin recently discussed gamers’ rights with the website Skewed & Reviewed.

Among the topics broached were Digital Rights Management (DRM), M-rated game sales, triumphs of the past year and the challenges still remaining.

Halpin on the greatest single current threat to gamers’ rights:

Again, generally, digital rights as it relates to consumers. More particularly, I’d say that a challenge within that challenge may be that we still have a lot of work to do regarding combating negative stereotypes of gamers and gaming.

On further reducing the sale of adult-rated games to minors:

Beyond that, I believed and continue to believe, that parental responsibility must begin there. To ask more of the merchant is unfair and unprecedented, compared with how DVDs, music and motion pictures are sold. They¹ve done and are doing enough.

Disclosure: GamePolitics is a publication of the ECA

The Entertainment Consumers Association (ECA) has debuted a new online presence aimed at educating consumers about such issues as digital content distribution, license agreements, virtual property and piracy.

The Gamers for Digital Rights web presence includes a glossary of terms and concepts, a Facebook Group and the ability to sign—and comment on—a DRM and End User Licensing Agreements (EULAs) petition to the FTC.

Jennifer Mercurio, ECA Vice President and General Counsel, added:

The importance of this issue is mounting, as we move from a packaged goods model, where we own what we buy, to a digitally-distributed model, where we may have a license for what we buy.

As part of its drive into the issue, the ECA also announced the hiring of Robert L. (“Beau”) Hunter, IV as Digital Rights Consultant. Hunter joins the ECA after serving as Manager for IP Enforcement with the Entertainment Software Association (ESA).

FULL DISCLOSURE DEPT: The ECA is the parent company of GamePolitics.

You walk into a game store to pick up the latest AAA title, be it for a console or PC, and you are probably going to pay in the neighborhood of $60, unless, of course you get Rock-Band-like peripherals with your order.

Have you ever given any thought as to what goes into that price point? David Thomas over at Crispy Gamer did, and came up with an interesting analysis, examining possible reasons such as reasonable greed, consumer stupidity or evil conspiracy. He quotes a few industry officials, including the ECA's Hal Halpin:

"I'm not sure that we'll see a standard $70 price point at all," observes Halpin. "To my mind, emerging technologies, subscriptions and episodic and downloadable content should all enable price drops -- increasing accessibility to a much wider audience. Free-to-play, ad-supported models, too, diversify the price landscape."

Definitely an interesting read. What is your perspective? Will prices ever come down?

Count the Entertainment Consumers Association (ECA) among those who back the Federal Communications Commission’s (FCC) stance and newly added principles on net neutrality.

Noting that the ECA is “delighted” with FCC Chairman Julius Genachowski’s “aggressive stance,” the ECA’s Vice President and General Counsel Jennifer Mercurio commented:

Increasingly, Americans spend much more time on the Internet – they take care of business and pursue their hobbies, like playing video games, all of which fuel our economy, and they should not be penalized for it.

To advance the cause of net neutrality, the ECA has added an action item to its website that allows users to email their Representative or Senators in support of the FCC’s position.

FULL DISCLOSURE DEPT: The ECA is the parent company of GamePolitics.

With the retirement of founding editor, Dennis McCauley, we’re excited to announce that he will be passing the torch to seasoned game editor, Pete Gallagher. Dennis has been and shall remain mentoring Pete during the transition. Readers of ECA Today, the email-based newsletter which is distributed week-nightly to members, are already familiar with Pete’s work, as he has been the Editor-in-Chief of the popular publication since its inception. Prior to ECA Today, Pete was the Editor-in-Chief of GameDaily and oversaw the transition from a small business-to-business trade newsletter to a major portal, now owned by AOL.
 
“Pete has been an important part of the editorial landscape in games journalism for over a decade, but has done so in a uniquely humble and low-key manner,” said Hal Halpin, president of the ECA. “We’re thrilled to have him come on board and take on responsibility for GamePolitics as well.”
 
Hal also hinted at some additional changes to look forward to, “Over the next few weeks, we’ll be unveiling a few new modules which should enhance user experience across our sites, GP included. And by adding a few more editorial voices to the chorus, we hope to diversify the overall offering, while maintaining the aspects of each property that readers enjoy.”
 
“I’m really excited to be a part of further developing GamePolitics in addition to my other responsibilities,” said Pete Gallagher, incoming EIC of GP. “I’ve been a fan for years and really enjoy working with Dennis. I think the key to the transition and incorporating the new enhancements to the infrastructure will be listening to reader feedback and modifying accordingly, as has been done previously. With the growth of the association and the sites, it’s taking things to the next level and I couldn’t be more thrilled.”

While we were sad to hear that Dennis had chosen to move on, we are grateful for the partnership that was built and the talents which he brought to the organization. In a relatively brief period of time, GamePolitics has become an important resource for the gaming community – and educational tool for disseminating information and keeping gamers aware, and a valuable and timely news publication and blog.

Careful not to step on the toes of our endemic media partners and managing the balance between Church and State – regarding editorial independence – were challenges that Dennis took on with skill and ease. From breaking the ‘Hot Coffee’ scandal, to regular and persistent issues related to Jack Thompson, Dennis was a talented journalist and his contributions to the publication and to the association will be missed.

On behalf of the ECA members and GP readers alike, our heartfelt thanks and sincere best wishes, Dennis.

– Hal Halpin, pres., ECA.

Late last week the Federal Communications Commission announced that it would look into the potential for a universal content rating system to span various forms of media.

Hal Halpin (left), president of the Entertainment Consumers Association, has now weighed in on the topic:

Like the respective trade associations which represent the entertainment industry’s various media, we were surprised to hear of the FCC’s interest in exploring the possibility of a universal ratings system. It is odd that video and movies were not included, which would have then been encompassing and more valuable to consumers, in theory.

 

As for if the ECA is in favor of such an endeavor, it would be too early to speculate, not knowing anything more than the cursory details. Our position remains that we fully support the ESRB and believe it to be an important component in the product purchasing process.

FULL DISCLOSURE DEPT: The ECA is the parent company of GamePolitics.

The Entertainment Consumers Association is urging gamers to stand up and be counted for Net Neutrality.

In an e-mail circulated yesterday, the ECA issued a call to action:

Now is the time for you to stand up for your rights and join millions of Americans of every political persuasion in the fight for Net Neutrality. Net Neutrality is the principle that ensures that gamers are free to go where they want, do what they like, and connect with whom they choose onlin. Congressmen Ed Markey (D-MA) and Anna Eshoo (D-CA) have introduced H.R. 3458, the Internet Freedom Preservation Act of 2009.

Take action now and tell Congress to make Net Neutrality the law of the land. Without Net Neutrality, your Internet Service Provider is free to: charge you extra for playing World of Warcraft, to interfere with Xbox Live, or to completely shut off your ability to access for favorite web sites. Net Neutrality effects your entire online experience...

This is our best chance yet in making sure that Net Neutrality is passed by Congress. The head of the FCC supports it, the President of the United States supports it, and we're asking you to make sure to tell Congress you support it. Take a moment to send them the message to make Net Neutrality the law.

A suggested letter to Congressional representatives is available from the ECA website.

GP: Gamers, this issue may not inflame passions in the same way that the censorship debate does, but it's just as important in the long run.

FULL DISCLOSURE DEPT: The ECA is the parent company of GamePolitics.

On Monday, GamePolitics reported that the Entertainment Consumers Association had embarked on a campaign to inform President Barack Obama about the many benefits that video games can provide.

The ECA undertook the campaign following Obama's recent admonition to "put away the Xbox." Over the last few years Obama has often referred to games as something to be set aside in favor of a greater good.

The ECA initiative received wide coverage in the gaming press. In a lengthy interview with The Grumbly Gamer, ECA President Hal Halpin elaborates on why the game consumers' group decided t take its case to the White House:

We [at ECA] had discussed addressing the President’s “put the video games away” aspect of his speeches several times, actually. At issue is the fact that we agree fully with what he’s saying in principle. Parents need to be more involved with what their kids are doing. They need to be more engaged and focus on understanding what media their kids are ingesting. They need to use the ratings systems as a benchmark – and it’s a great first step – but they should really take the few minutes to participate in that media actively.

 

I also agree that kids get far too much screen time, be it movies, TV, cell phones, the Internet, or computer and video games. So we hesitated a few times, hoping that some other form of screen time would be included as the example. But each time the speech was recycled, we waited with bated breath…and were disappointed that the focus remained on gaming and gamers. It began reinforcing the negative stereotype and was compounded by the media interpreting and reinterpreting his meaning. So we had to act.

 

A campaign is precisely the way to let the White House, and by extension everyone else, understand that gamers are tired of the mislabeling of both gaming and of gamers. By giving folks the access to our online advocacy tools, they can take the 30 seconds and make their voices heard. It’s fast, easy and free. You don’t need to be an ECA member. Just someone who wants gaming to be treated with the respect that other forms of media enjoy.

The ECA's online campaign referred to write to President Obama may be found here.

FULL DISCLOSURE: The ECA is the parent company of GamePolitics.

If you're a regular GamePolitics reader, you know that President Barack Obama often refers to video games as something to be set aside in favor of presumably more worthwhile pursuits. In the most recent example, Obama, speaking at the NAACP's 100th anniversary dinner, counseled African-American parents to put away the Xbox.

Now, the Entertainment Consumers Association is urging gamers to let the President know that there is a lot of good in video games. Brett Schenker, Online Advocacy Manager for the ECA, writes:

Throughout the Presidential race and continuing into his Presidency, President Obama on numerous occasions has said "put the video games away." As a gamer and a voter, [the ECA is] asking you to email President Obama to point out some of the ways that video games have empowered and educated you, as well as their power to build teamwork and make people healthier...

We know video games can promote fitness. We know games can educate, because we've experienced that first hand. Video games are also not solely consumption entertainment as we're being challenged to create content for some of our favorite games. We're a part of the new global choice for entertainment and the community it's spawned.

 

We're asking you to speak out now and put a positive face on our community. Make sure to let the President know what we experience every day. Take a moment and make your voice heard.

To assist gamers in contacting the Prez on this issue, the ECA has set up an online action campaign where gamers can personalize their message and have it forwarded to the White House.

As GamePolitics reported yesterday, the Entertainment Software Association has filed suit against the Chicago Transit Authority. The video game publishers' lobbying group hopes to overturn the CTA's ban on ads for M and AO-rated games on its vehicles and facilities.

The Media Coalition, an association that defends the First Amendment rights of producers and consumers of First Amendment protected material, has issued a press release announcing its support for the ESA in the case. Executive Director David Horowitz commented on the situation:

Ex-[Illinois] Governor Blagojevich spent hundreds of thousands of dollars unsuccessfully to defend a law that barred minors from buy or renting similar video games before it was struck down as unconstitutional. The Chicago Transit Authority should repeal this ill-conceived ordinance rather than using scarce resources to fight this in court and get the same result.

The ESA, which represents U.S. video game publishers, is a Media Coalition member as is the Entertainment Merchants Association, which represents video game retailers.

The Entertainment Consumers Association, which represents the interests of gamers, is also a Media Coalition member.

FULL DISCLOSURE DEPT: The ECA is the parent company of GamePolitics.

Entertainment Consumers Association president Hal Halpin debuts a new column for Industry Gamers with a look at negative stereotypes of gamers and how such prejudice can be addressed.

Halpin writes:

Combating the negative stereotypes the gaming industry and gamers themselves face is becoming a daunting task. We’ve allowed people to equate gaming with everything from laziness to isolationism and antisocial behavior, when so clearly it’s the opposite.

 

Because we’ve permitted everyone from anti-games advocates (disbarred attorneys included) to the President of the United States of America to perpetuate those fallacies and said and done nothing, we need to take ownership of at least part of that blame; until and unless we speak up and do something about it. It’s time.

FULL DISCLOSURE DEPT: The ECA is the parent company of GamePolitics.