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Sony and Wal-Mart Sued Over Video Game

10/22/03


By George Anderson

Lawyers have filed a suit for $246 million against Sony and Wal-Mart for the shootings of two motorists by teenagers in Tennessee who said they got the idea from the video game "Grand Theft Auto III.''

The boys who pleaded guilty in juvenile court to reckless homicide, endangerment and assault told investigators they decided to shoot at tractor-trailer rigs, just as it was done in the video game, because they were bored.

One victim, Aaron Hamel, 45, lost his life and another Kimberly Bede, 19, was seriously wounded when their cars were hit by bullets while driving on Interstate 40 in the Smoky Mountains region of Tennessee.

The lawyers filing the suit contend Grand Theft Auto III "inspires and trains players to shoot at vehicles and persons.''

Douglas Lowenstein, president of the Entertainment Software Association, called the suit "misguided and counterproductive.''

"There is no credible evidence that violent games lead to violent behavior,'' he said. "While video games may provide a simple excuse for the teenagers involved in this incident, responsibility for violent acts belongs to those who commit them.''

Moderator's Comment: What are your thoughts on the lawsuit filed against Sony and Wal-Mart over the Grand Theft Auto III shootings?

We're not sure that we agree with Douglas Lowenstein about there being no link between video games and behavior. We do agree with him, however, that responsibility for the crime belongs with the two boys and, perhaps, their parents or guardians. [George Anderson - Moderator]

Comments


I got the idea of being a consultant from McKinsey -- can I sue them too?
Ben Ball, Senior Vice President, Dechert-Hampe - Braintrust Panelist

At the risk of sounding a bit like Tipper Gore, the creators of this kind of garbage do have some responsibility, however I'm not sure if legal remedies are appropriate. The two kids are idiots, their parents should do prison terms, but quite frankly, welcome to the American culture 2004! Video games, music, movies, pop culture, all revolves around violence and behavior which is extreme. This is a problem that goes way beyond any discussion we could have on this site. It has taken our country about twenty years to get into this situation, and it may take just as long, if not longer, to get out of it. But as long as we allow garbage like this to be looked at as "cool, hip and edgy" (doesn't that sound like the ad industry talking) were going to see a lot more of this. The good part is, one more lawsuit against Wal-Mart and they will pull the stock.
'MBodner'

It's time to change our legal system. Who will people sue next? The movies made me do it; TV made me do it; the radio made me do it; the product packaging made me do it; the commercials made me do it; I was too stupid to know that hot coffee meant hot coffee instead of cold coffee. When is enough, enough?

What about the individual taking responsibility for their own actions, or the parents, if they are minors. Maybe the parents should be sued for being bad parents, or if they are that stupid, maybe we should pass a law that they are too stupid to raise children? Ah forgetaboutit. Let's just sue everybody and see were I can make some money, because I assume no responsibility.
David O'Neil, President, Delta Associates, Inc. - Braintrust Panelist


As Voltaire may have said on behalf of Sony and Wal-Mart, "O Lord, make my greedy (legal) enemies most ridiculous!" God has granted it.

It's not Grand Auto Theft III but Grand Lawyer Theft #101.
Gene Hoffman, President, Corporate Strategies International - Braintrust Panelist


No lawsuit surprises me in the U.S. anymore. This should be thrown out as far as Wal-Mart is concerned. As for the company that made the game? I can't believe the game made it past Wal-Mart's censorship. This lawsuit makes me want to strangle somebody, but if I do, I'll just sue the people behind this suit for getting me all worked up.
Al Kenney, President, Best Practices Research & Consulting

Sure, the lawsuit from a legal stand-point is likely ridiculous, but from a public stand point, it brings shame on the participants peddling this trash. At some point I would hope that real shame would outweigh the greed, even from Wal-Mart that supposedly is concerned about content in other materials. We have a real problem until we all agree that this is unacceptable and decide that those producing it should be shown for doing so and shamed by the culture at large.
'Scanner'

I wish that Wal-Mart and Sony would sue the parents for irresponsibility. I would even contribute to the costs personally.
Howard Flinker, none, Flinker & Co.

I think the real retail issue is how Wal-Mart (and I would argue, our culture at large) is inconsistent when it comes to what we will tolerate. Wal-Mart covers up Playboys, but will sell violent video games. Is sex more harmful than violence? And what happens when they're combined, like in the case of the Grand Theft Auto series and way too many popular movies?
Stephanie Kensicki, Marketing Manager, HPI

Let's go easy...it's tough on parents. Mom and Dad are both working now. Johnny heads over to his friend's house after school and they plug into the game console until some supervision arrives and tells them to do their homework. Parents need help. When society deems this entertainment to be acceptable, it's virtually impossible to prevent kids from exposure. I would much prefer to see opposition come in the form of consumer-group pressure on the game producers and retailers, but with something this pervasive, popular...and profitable...can they realistically get anywhere without calling in the lawyers?
Rick Moss, President, Founder, RetailWire LLC - Braintrust Panelist

I don't think it's too tough to ask parents to censor their kid's electronic games. They tell them when to go to bed, what they should wear, what they should eat, so why is telling them what game they should play so hard? Yes, it's true they can go to "Joey's" house and play the game, but at the bare minimum, they know what is expected of them at home. There are enough stories of single moms raising healthy well adjusted children to know that it is not impossible to do. As far as the lawyers, until they start suing each other for malpractice, they'll continue to run the money game on lawsuits.
'AWDrive'

My early-twenties son brought the game to my house for a weekend visit and settled in to play it on the big-screen. I watched it for only five minutes before I told him to disconnect the game and store it in his car in the driveway.

Intuitively, we all probably agree that there has to be a link between violent games and violent behavior. The conundrum is that there is no “credible” evidence to support our common wisdom, according to Douglas Lowenstein.

In articles regarding lawsuits holding fast-food vendors responsible for the obesity of their customers, a prominent law professor remarked that the courts had only to find McDs and others “1% culpable” to open the door to tobacco-sized settlements. Wouldn't it be great if this case attracted the attention of the cadre of tobacco/fast food “liti-gators” in search of a significant pay day? Do you think they could demonstrate culpability of at least 1%?

As a “P.S.” to those of you with cable and school-aged children, check out the “X Play” show on TechTV, airing mid-day across the country. It celebrates games like Grand Theft Auto.
M. Jericho Banks, Ph.D., President, CEO, Forensic Marketing LLC - Braintrust Panelist


A lawsuit against major companies like Sony and Wal-Mart only signifies a pathetic attempt to transfer responsibility from the parents to actually govern what their children do, and place it on companies that manufacture or sell products.

It's a sad day when America relies on large companies to police our children.
'mjluey'


Please do not let the top of my head blow off after reading about this.

Responsibility. I am responsible for what my kids watch and the games they play and the people they associate with. If Johnny's parents let him play violent video games, then my kids don't get to go over to his house.

How did your parents know about your friends? They took the time to find out. We make excuses for lousy parenting because "both parents have to work". What a cop out. Arrange the work schedules so someone is home. Simplify your lifestyle so less income is needed. You made the decision to bring kids into this world, it's your responsibility to RAISE them to be decent, responsible human beings who belong in our society.

Blaming society is the ultimate excuse. You blame your neighbors, they blame you, you both blame everyone else. LOOK IN THE MIRROR!

Or are we afraid that if we really look, we just might see who is really to blame?
'DVZ'


Great point, DVZ! Societies 'r' us. Did someone say a long time ago "you reap what you sow"? Whether the sowing is active (creating the violent video game) or passive (letting your channel sell it, or letting your kid play it), the responsibility lies all around.
Devangshu Dutta, Chief Executive, Third Eyesight - Braintrust Panelist

Quite right, too, DVZ. We have children for our own reasons but having made the commitment, we take on responsibility for raising them to take responsibility in their own turn. We all make choices in life. In a capitalist society, we choose to work long hours to earn as much money as possible in order to spend as much money as possible in order to have a good as time during our lives as we possibly can. That is the life we have chosen. Trying to avoid the consequences of our actions is not responsible, nor is blaming other people. We need to recognise that we learn throughout our lifetimes (or should) and that we teach others from the way we behave. If we have decided to condone the profit motive of businesses, then we shouldn't complain when they sell things of which we disapprove. We should simply refuse to buy them; there is nothing but hypocrisy, sans justification, in trying to tell them what they can't sell. As for the lawyers, well, they're entitled to earn a living as best they can as well. That doesn't make it smart to be the one paying them.
Bernice Hurst, Managing Director, Fine Food Network - Braintrust Panelist

Just to play Devil's Advocate here - there is an argument that playing such games at home is a way of displacing aggressive behaviour and feelings so that they are not taken out in any real, physical way against anyone else. When my son was young and had a temper that frightened us, we bought him a punching bag and encouraged him to use it rather than a living person. Fortunately, in his case, it worked and he never hit anyone. Alternatively, I guess you could encourage truly violent young people to join the army. That would give them some solid training and respect as well as an enemy to attack...
Bernice Hurst, Managing Director, Fine Food Network - Braintrust Panelist

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