Cody Taylor

NewYorkCountryLawyer writes “The US Court of Appeals for the Ninth Circuit has struck down as unconstitutional a California statute purporting to ban the sale or rental of violent video games to minors. In a 30-page decision (PDF), in Video Software Dealers Association v. Schwarzenegger, the federal appeals court ruled that ‘the Act, as a presumptively invalid content based restriction on speech, is subject to strict scrutiny and not the ‘variable obscenity’ standard from Ginsberg v. New York, 390 U.S. 629 (1968). Applying strict scrutiny, we hold that the Act violates rights protected by the First Amendment because the State has not demonstrated a compelling interest, has not tailored the restriction to its alleged compelling interest, and there exist less-restrictive means that would further the State’s expressed interests. Additionally, we hold that the Act’s labeling requirement is unconstitutionally compelled speech under the First Amendment because it does not require the disclosure of purely factual information; but compels the carrying of the State’s controversial opinion.'”

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A European company that sells deep packet inspection hardware has released its final numbers on 2008’s Internet trends. Although some structural changes make the numbers a bit difficult to interpret, it looks like P2P traffic is losing share to web use.

Valve’s Gabe Newell gave the keynote address at this year’s Design, Innovate, Communicate, Entertain (DICE) Summit about the cost of games, the effect of piracy, and how to reach new players. Valve undertook an experiment recently to test how price affected the sales of their popular survival-horror FPS, Left 4 Dead. They Reduced the price by 50% on Steam, which “resulted in a 3000% increase in sales of the game, posting overall sales that beat the title’s original launch performance.” They also tested various other price drops over the holidays, seeing spikes in sales that corresponded well to the size of the discount. This will undoubtedly add to the speculation that game prices have risen too high for the current economic climate. G4TV ran a live blog of Newell’s presentation, providing a few more details.

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