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Thursday, May 13, 2010

Wikinews reporter Iain Macdonald has performed an interview with Dr Isabella Margara, a London-based member of the Communist Party of Greece (KKE). In the interview Margara sets out the communist response to current events in Greece as well as discussing the viability of a communist economy for the nation. She also hit back at Petros Tzomakas, a member of another Greek far-left party which criticised KKE in a previous interview.

The interview comes amid tensions in cash-strapped Greece, where the government is introducing controversial austerity measures to try to ease the nation’s debt-problem. An international rescue package has been prepared by European Union member states and the International Monetary Fund – should Greece require a bailout; protests have been held against government attempts to manage the economic situation.

Wednesday, March 22, 2006

Today H.E. Suzanne Mubarak, wife of the Egyptian president, and H.R.H. Prince Charles inaugurated the British University in Egypt. The visit started with a tour of the campus, where they saw a demonstration physics laboratory as well as seminars in engineering and business. This was followed by speeches in front of the main building (pictured) by the chairman of the board of trustees Mr Farid Khamis, H.E. Suzanne Mubarak and finally by H.R.H. Prince Charles. The ceremony was completed when Mrs Mubarak and Prince Charles unveiled a plaque at the entrance to the main building.

Wednesday, October 5, 2016

The Singaporean branch of the World Wildlife Fund (WWF) published a guide yesterday critiquing the practices employed to catch seafood destined for sale in the country. According to the publication, three-quarters of the more than 40 species of seafood commonly consumed by Singaporean residents were obtained in a manner detrimental to environmental sustainability.

The guide, titled the Singapore Seafood Guide, lists fish species such as Indian threadfin, silver pomfret, and yellowbanded scad, all frequently used in Singaporean dishes, under its “Avoid” category. Highlighting the high rates at which these species are being fished and consumed, the WWF said, “Without collective and decisive action, these popular fish could disappear from Singapore’s menus within our lifetime.”

On her organization’s reasons for publishing the guide, WWF-Singapore CEO Elaine Tan stated, “We are squandering one of our greatest natural resources by failing to manage our fish stocks sensibly. As one of the biggest consumers of seafood in the world per capita, Singaporeans have a big role to play in protecting our oceans. The Seafood Guide empowers everyone in the supply chain to make conscious choices that prevent the further exploitation of fish stocks.” According to the WWF, an average Singaporean eats 22kg (about 48.5lb) of seafood annually, versus 20kg (44lb) average per person globally.

In conjunction with the launch of the guide, the WWF started the Sustainable Seafood Business Forum on Tuesday to promote action on the topic among seafood purveyors. An initiative which emerged from the forum was the Responsible Seafood Group, which counts amongst its members supplier Global Ocean Link and integrated resort Marina Bay Sands. All organizations involved in the group agree to standards on the sustainable sourcing of seafood as outlined by the WWF.

On Marina Bay Sands’ commitment to seafood sustainability, Kevin Teng, the resort’s Executive Director of Sustainability, said, “Since 2014, we have eliminated sharks fin from the restaurants we own and operate. At that time, we also started serving selected seafood sourced from suppliers that fish or farm responsibly, based on global seafood standards.”

Lucas Glanville, Executive Chef of Grand Hyatt Singapore, stated, “Our customers are demanding to know where their seafood comes from. Finding alternatives to endangered species on the red list and choosing to work with sustainable suppliers and their products has gone beyond being a corporate responsibility, and become a commercially viable decision for us”. According to the WWF, the hotel chain serves seafood compliant with its sustainability standards.

The WWF has compared Singapore’s population to that of Finland, whilst also highlighting the discrepancy in seafood sustainability practices in both countries. According to a report by the organization, 98% of seafood consumed in Finland meets WWF standards on sustainability.

Matti Ovaska, conservation officer for the WWF’s Finnish branch, elaborated on the country’s sustainability practices where seafood consumption is concerned, “Sustainability has become an everyday element in Finland’s seafood trade, and companies are very familiar with the origin of the fish they purchase. In addition, over one third of Finns use the seafood guide consciously to make better decisions”.

Saturday, April 14, 2007

June Callwood, Canadian Journalist, humanitarian, and activist, died today of cancer at age 82.

Callwood, born June 2, 1924 in Chatham-Kent, Ontario, first became a journalist for Brantford Expositor and later for The Globe and Mail, she began doing freelance journalism for magazines including Maclean’s, hosted several television shows for the CBC and Vision TV, and wrote 30 books. In 2003, she was diagnosed with cancer and refused treatment so she could continue her activism, but just this month the disease began to worsen until her death this morning at Toronto‘s Princess Margaret Hospital. Just last month a biography entitled June Callwood: A Life of Action was written by author Anne Dublin.

Callwood left a significant legacy of activism and community service. She helped to found the Toronto AIDS hospice Casey House, the youth hostel Digger House, Nellie’s hostel for women, PEN Canada, and the Canadian Civil Liberties Foundation. Callwood was also a past spokesperson for the Campaign Against Child Poverty.

Casey House (June Callwood) is named after her son, Casey Frayne, who was killed in a motorcycle accident involving a drunk driver, in 1982 at the age of 20.

In 1978, she was made a member of the Order of Canada, she became an Officer with the Order of Canada in 1985, and became Companion in the year 2000. In 1988, the Order of Ontario was awarded to her and in 2004 a street in Toronto was named after her. Her last interview was on CBC’s The Hour hosted by George Stroumboulopoulos in 2005.

Callwood is survived by her husband, Trent Frayne, her two daughters, Jessie Frayne, Jill Frayne, and her son, Brant Frayne.

Tuesday, November 4, 2008

October on the campaign trail presented the last chances for the campaigns to present their messages to the American people. A vice-presidential and two presidential debates were held, one of which added a new political lexicon, perhaps the closest thing to an October surprise. One candidate seemed to pull way ahead as early voting began in many states near the conclusion of the month.

Democrats

• At the beginning of the month, due to the continued economic crisis, Obama took a clear lead over McCain in opinion polling, leading by double-digits in many surveys. Obama maintained his lead throughout the month and mounted leads or stayed within the margin of error in some states won by Bush in 2004 including Virginia, North Carolina, Ohio, Indiana, Colorado, New Mexico, Missouri, Florida, Iowa and North Dakota.

• Joe Biden debated Sarah Palin in St. Louis on October 3, in a forum moderated by Gwen Ifill. Biden issued very little criticism of Palin and remained subdued for much of the night, focusing mostly on foreign policy. Ifill became a subject of controversy before the debate, with commentators questioning her impartiality with the upcoming release of her book, The Breakthrough: Politics and Race in the Age of Obama.

• On the campaign trail, prior to the third presidential debate, Obama was approached by plumber Joe Wurzelbacher of Holland, Ohio. Joe asked Obama whether his taxes would be raised if he bought a plumbing company as he was planning to do. Obama stated that he didn’t “want to punish [his] success” but that “everyone who is behind him” should be given a “chance at success.” He later stated that he thought “when you spread the wealth around, it’s good for everybody.”

• Obama defended his tax plan during the third presidential debate with McCain while facing many McCain comments about “Joe the plumber.” He repeatedly stated that his tax plan would lower taxes for households making under US$200,000 a year, which he said made up 95% of Americans.

• Former secretary of state Colin Powell made an across-party-lines endorsement, when he stated on Meet the Press that he was voting for Senator Barack Obama. Powell became the first former member of the Bush administration to formally endorse Obama and was closely followed by former press secretary Scott McClellan, who also endorsed the candidate.

Republicans

• At the vice-presidential debate, Sarah Palin became the first woman since the 1984 United States presidential election to participate in such an event. It was the most widely watched vice-presidential debate in history with an estimated 70 million viewers. During the debate Palin characterized herself as a “Washington outsider” who “may not answer the questions the way the moderator and you (Senator Biden) want to hear.” She focused mostly on energy policy during the debate.

• The second presidential debate was held on October 7 and moderated by Tom Brokaw. During the debate McCain announced his support for a spending freeze of programs other than those for defense or veterans. When discussing energy policy, McCain famously referred to Obama as “that one.”

• The McCain campaign launched a series of ads connecting Obama to former Weather Underground member William Ayers, who served on a board with Obama and held a venue at his home for the Senator when he began his political career. Palin accused Obama of “palling around with terrorists.” Some pundits saw the new strategy as a last ditch effort by the McCain campaign.

• McCain’s campaign was compared to that of segregationist George Wallace’s by Congressman John Lewis, who commented that the campaign was “sowing the seeds of hatred and division.” Lewis pointed to McCain supporters who shouted obscenities about Barack Obama during a McCain rally, including one who reportedly yelled “kill him” when referring to Obama (a claim later refuted by the Secret Service). McCain discussed this during the third presidential debate, and asked Obama to repudiate the comments.

• During the third presidential debate, McCain used the earlier discussion between Obama and Joe the Plumber as a tool to attack Obama on his tax policy. He strongly objected to Obama’s support for “spreading the wealth” which he likened to socialism. The debate led to a small comeback for McCain in opinion polling, cutting into Obama’s lead as the month came to a close.

Third parties

• A third party debate scheduled for October 19 was cancelled after the candidates were unable to participate due to scheduling conflicts. Candidates Ralph Nader, Green Party nominee Cynthia McKinney and Constitution Party nominee Chuck Baldwin were supposed to debate but it eventually fell through.

• Ralph Nader and Chuck Baldwin were able to participate in a third party presidential debate on October 23 in Washington. Each discussed their strong opposition to the wars in Iraq and Afghanistan as well as their disapproval of the government’s bailout plan. Baldwin and Nader had some disagreement on abortion, with Nader standing pro-choice and Baldwin standing as pro-life. Nader emphasized the need to control the power of corporations over consumer’s lives and Baldwin stated that his number one priority as president would be to secure the borders.

• On October 30, Nader and Baldwin participated in another third party debate. Libertarian party nominee Bob Barr joined the candidates for this debate. During the debate, the candidates railed against the two major parties with Ralph Nader complaining that they don’t like “competition.” Barr conveyed his frustration with the Justice Department for their failure to prosecute Wall Street corporate leaders. Baldwin expressed his fear for America’s future.

Friday, January 6, 2006

The new CBS Corporation began trading on the New York Stock Exchange once again on January 3 after officially finishing its split with Viacom two days earlier. The split had been in the works since around March 2005 when Viacom announced it was breaking into two publicly traded companies due to stock price stagnation.

In June 2005, Viacom’s board approved the split and saying the CBS Corporation name would be revived for one of those companies. One of these units would receive most of Viacom’s broadcasting and mass-media portion of subsidiaries (CBS, UPN, Infinity Broadcasting, now CBS Radio) along with Viacom Outdoor (now CBS Outdoor), Showtime Networks, and Paramount’s television studio and a few other operations and announced long-time excutive Leslie Moonves would head that new company.

The split is filled with twists and turns. Viacom was founded in 1971 as CBS’ television syndication division and was spun off in 1973. Westinghouse Electric Corporation bought CBS and changed its name to CBS Corporation. In a ironic twist, Viacom accquired their parent company in 1999 and CBS’ stock symbol was de-listed as it became a division of Viacom. Ironically, the new CBS Corporation is actually the original Viacom. A new Viacom was founded and spun off containing MTV Networks (which contains CMT and Spike TV, two cable networks originally owned by CBS) along with BET, Paramount’s film studio and home entertainment divisions, online virtual pet game Neopets, and a music publisher. It also partially owns Sega of America along with the Sonic the Hedgehog trademarks and is currently in the process of acquiring DreamWorks.

CBS unveiled its logo, the iconic CBS eye, and launched the corporation’s official wesbite, cbscorporation.com

Friday, February 6, 2009

Denny’s 1,600 chain restaurants across North America, Puerto Rico and Canada, were slammed for eight hours Tuesday with hungry patrons standing on sidewalks for nearly two hours to take advantage of the $5.99 “Grand Slam Breakfast” giveaway.

Denny’s, a dining chain with annual revenue of about $900 million, has advertised in a TV commercial Sunday during the Super Bowl XLIII that it would give away its signature breakfast from 6 a.m. until 2 p.m. local time Tuesday, at all its restaurants in the U.S., Canada and Puerto Rico, while supplies lasted.

Denny’s Diner has promoted the iconic dish giveaway heavily, with a bold 30-second appeal ad that aired during the third quarter of the Super Bowl 43 on Sunday, plus another 15-second ad during the post-game show, offering a free breakfast to some 90 million viewers. In addition, it has placed a full-page ad in USA Today‘s Monday edition. The promotion was further announced on The Today Show and notices were also sent out to the chain’s “Denny’s Breakfast Club” members.

The NBC ad, which was bought to unveil a new promotion for customers squeezed by the recession, may have cost as much as $3 million, said Nelson Marchioli, CEO of Denny’s Corp. Super Bowl XLIII’s 30-second commercial time slot costs $2.4 million–$3 million for the airtime alone, excluding production and talent costs.

The game was televised live by the US NBC Sunday Night Football and Canada’s CTV Television Network. BayTSP has reported that, “as of 10 a.m. Wednesday, commercials that initially aired during NBC’s Super Bowl XLIII broadcast subsequently had been watched online more than 28 million times.”

“The promotion has a total cost of $5 million U.S., which includes $3 million for the commercial on NBC,” said a Denny’s spokesman, noting also that the company received about $50 million in news coverage, most of which was positive. According to a Denny’s representative, two million people walked through the restaurant chains’ doors Tuesday, and each Denny’s restaurant served an average of 130 Grand Slams per hour.

With the “Denny’s Feeds America” promotion, the company has reported 14 million hits on its Web site between Sunday night and Monday morning. Denny’s shares rose 6 cents, or 3.1 percent, to $1.98 in afternoon trading. The stock has traded in a range of $1.18 to $4.10 over the past 52 weeks.

“Denny’s free Grand Slam” has ranked in the top 10 Google searches early Tuesday and fell to No. 18 by the end of the promotion, while “denny s locations” was #9 on Google Trends, which tracks fast-rising searches. It has also held spots No. 1 (Denny’s) and 7 (Grand Slam) on Twitter‘s trending topics. It has generated much chat on Twitter, garnering 1,700 tweets on Tuesday, compared with its average of 59. Doritos, winner of the USA TODAY survey for best Super Bowl spot ad, had 933 mentions after reaching a peak of almost 3,300.

The idea of the TV ad was to get people to come in and re-evaluate Denny’s Diner. “A lot of people have forgotten what Denny’s is, or they think they know, while we’ve come out with a whole lot of new products. We felt like we needed to jump start the brand,” Denny’s Chief Marketing and Innovation Officer Mark Chmiel said.

“We’re celebrating the Grand Slam this year,” Chmiel said. According to the company’s financial data, on January 15 Denny’s reported systemwide comparable-store sales for the fourth quarter were down 6.1 percent, compared to a 0.2 percent decline from the same period in 2007.

According to Robert Gonzalez, public relations company Hill & Knowlton spokesman, Denny’s has expected at least 2 million people to eat a free Grand Slam by the end of the promotion. “Every restaurant is packed with people and lines,” Gonzalez said. “Everything today is about fast. People are on the go, and they’re eating fast food. It’s cutting into sit-down dining,” he added.

“Each of the more than 1,500 Denny’s were planning to make about 100 Grand Slams an hour,” Denny’s spokeswoman Cori Rice said. It had predicted it will have served about 1,400 people per location, more than five times the normal volume. “Grand Slam Breakfast” is a four-item option on its menu, consisting of two pancakes, two eggs, two strips of bacon and two sausage links. It weighs in at 44 grams of fat, 56 carbohydrates and 770 calories.

Nationwide, Denny’s expected to sell about 2 million Grand Slams — about 15 percent of the annual tally. According to Mark Chmiel, chief marketing operator and executive vice president, the diner chain has reported approximately 2 million meals worth more than $12 million were given away nationwide and each Denny’s restaurant served an average of 130 Grand Slams per hour. It estimated it has earned about $50 million worth of public relations following the free Grand Slam campaign, Chmiel said.

The company is also experimenting with a Grand Slam Burrito and also has introduced for this year, a Grand Slamwich, which includes eggs, bacon, sausage and cheese between two slices of bread, with a teaspoon serving. “It already has shown strong consumer appeal,” said Chmiel. The company has received flood of e-mails and letters proving the positive impact of the Grand Slam campaign and commercials on its customers.

Chmiel also announced he’s planning a third major promotion in this year’s third quarter, which happens to include another major sporting event, the World Series. “That’s one we’re definitely looking at,” he said.

Jobless Paris Winslow of downtown San Francisco, California has joined the long line which stretched from the front door on Mission Street, between Fourth and Fifth streets, to the corner of Fourth and up the block. “The economy is getting kind of scary. This line looks like those pictures of soup kitchen lines during the 1929 Great Depression,” Winslow said.

“I came all the way from San Francisco for a free $6 meal, Isn’t that pathetic? A year ago, I never would have done this. These days I’m willing to put my ego on the back burner,” said Stephen Weller, a jobless contractor who waited with his dog, Emmett. California Denny’s restaurant managers have issued rain checks (for free chilled meals, as security backed by actual bacon) to anyone who failed to get in by the 2 p.m. deadline.

A big eater could also “Slam It Up” by adding any two additional items for 99 cents each to their meal. Customers on Tuesday were also handed “bounceback” coupon books that include offers for additional free menu items with purchases. Chicago Tribune reporter Kevin Pang has eaten five free Grand Slams on Tuesday at five different Denny’s Diners in four hours. He claims to have consumed 4,100 calories at Harwood Heights, 5:36 a.m, at Schiller Park, 6:22 a.m., at Franklin Park, 7:08 a.m., at Melrose Park, 7:41 a.m. and at Grand Slam No. 5 Oak Park, 8:57 a.m.

“The Grand Slam has always been a Denny’s favorite. This free offer is our way of reacquainting America with Denny’s real breakfast and with the Denny’s brand,” Denny’s CEO Nelson Marchioli said in a statement. In 1977s, the Grand Slam started as a baseball-related promotion in Atlanta, Georgia. Its normal price averages around $5.99. Marchioli said the event was also a way to kick-off its “Year of the Grand Slam” promotion. Denny’s claimed it has sold 12.5 million Grand Slams a year.

“The economy’s tough and people are jumping all the way to fast food to try to figure it out. We all use fast food, whether it’s for time or convenience or for money. But you can go to Denny’s and you don’t have to give up a real breakfast and that was the whole focus of our commercial,” Marchioli explained. McDonald’s (MCD, Fortune 500) has done well during this economic meltdown since the global recession pushes people toward less expensive dining options.

McDonald’s has announced plans Wednesday to open 175 new restaurants in China this year despite the global economic crisis, thereby increasing the number of outlets in China by 17 percent, from 1,050 currently. Last month, McDonald’s 2008 net profit has risen 80 percent from 2007 to 4.3 billion dollars.

Marchioli has also introduced Denny’s $4 Weekday Express Slam, which is a streamlined version of the Grand Slam. “I want to take back share. For too long, we have allowed others to take share, whether it was Starbucks or McDonald’s. They’re fine competitors and I don’t expect to take all their business from them, but I’d like a little bit back,” Marchioli noted.

According to Rafi Mohammed, author of “The Art of Pricing,” people love free. “It triggers a Pavlovian response in people,” said Mohammed. If Pavlov’s dogs salivate when a bell rings, Denny’s free Grand Slam breakfast has attracted 2 million hungry customers. “I believe free maximizes trial and doesn’t devalue a product as long as it is a rare event. Aside from the cost, the major downside is that it attracts customers who truly have no intention of coming back,” he added.

According to University of Portland consumer psychology professor Deana Julka, people flock to free promotions amid just a few dollars saving because there’s nothing in life for free. “So when there’s something out there that costs nothing, it creates a psychological rush. Especially in these times when people feel overtaxed or overburden, there’s an internal reward people feel by getting something for free,” she said. “It’s being thrifty and feeling like you beat the system. Free really hits the spot for a lot of people,” Julka added.

“Free is an emotional hot button. When free is concerned, there is no downside – or, at least, we don’t see the downside immediately. So we overvalue everything that is free. People love free stuff, particularly when money’s tight,” said Dan Ariely, a business professor at Duke University, author of “Predictably Irrational: The Hidden Forces That Shape Our Decisions.”

Experts, however, explained these moves need to be done sparingly, since giveaways can teeter in the balance between desperation and a well designed marketing ploy. “Giving your product away for free is not worth it because it undermines your brand value,” said branding expert Rob Frankel, saying people are attached to the idea of it being free, than the actual product itself.

Free giveaways are not anything new in the food industry. “It just feels good when you can get something for free and not have to worry about it coming out of your wallet,” Frankel noted. Dunkin’ Donuts and Panera Bread all have had free coffee and food promos last year. “In November, Starbucks gave away free cup of coffee to anyone who came in on Election Day. Have you taken a look at how Starbucks is doing now?” Last week it has announced it would shut down 300 stores, in addition to the 600 it already planned to close.

On February 24, IHOP will be offering a free shortstack to every customer to encourage donations (in place of the cost) for Childrens Miracle Network. The International House of Pancakes (IHOP) is a United States-based restaurant chain that specializes in breakfast foods and is owned by DineEquity. The chain had more than 1950 restaurants in all 50 states, the U.S. Virgin Islands, Canada and Mexico. Since 2006, IHOP’s National Pancake Day celebration has raised over $1.85 million. In 2008, over 1.5 million pancakes (12 miles high if they were stacked) were given to customers for donations.

Denny’s (“Denny’s Diner”) is a full-service diner/family restaurant chain in the United States. It operates over 2,500 restaurants in the United States (including Puerto Rico), Canada, Curaçao, Costa Rica, El Salvador, Jamaica, Japan, Mexico, and New Zealand). The resto chain is known for always being open, serving breakfast, lunch, dinner, and dessert around the clock.

Today, Denny’s operates about 1,600 restaurants in all 50 U.S. states, Canada and Mexico. There are also about 578 Denny’s restaurants in Japan operated under a license by a subsidiary of Seven & I Holdings, seven Denny’s locations in New Zealand, and approximately 38 Denny’s diners in the United States. Denny’s headquarters is now located in Spartanburg, South Carolina, headquarters of the parent company Trans World Corporation that acquired Denny’s in 1987.

Denny’s was historically notable for offering a free meal to anyone on their birthday. The offer included a limited number of meal options from a special birthday menu. The promotional ritual ceased in 1993, though occasionally individual franchises will continue the tradition.

In 2008, Denny’s has ceased to be in the ranks among the top diner chains in the $83 billion breakfast market, whose top five firms — McDonald’s, Starbucks, Dunkin’ Donuts, Burger King and IHOP — accounted for 22 percent of the volume. “A lot of consumers have written Denny’s off their let’s-go-there list,” said Ron Paul, president of Technomic, a consulting firm.

Super Bowl XLIII was an American football game between the American Football Conference champion Pittsburgh Steelers (15–4) and the National Football Conference champion Arizona Cardinals (12–8) to decide the National Football League (NFL) champion for the 2008 NFL season. It was played on February 1, 2009, at Raymond James Stadiumin Tampa, Florida. It has an attendance of 70,774 and 98.7 million viewers. Pittsburgh earned its sixth Super Bowl win, thus securing sole possession of the record for most Super Bowl wins.

Sunday, February 22, 2009

A U.S. Court of Appeals on Friday has declared unconstitutional California Assembly Bills 1792 & 1793, the California “ultraviolent video games law” that sought to ban the sale or rental of violent video games to minors.

Federal judge Consuelo M. Callahan has ruled that the 2005 statewide ban, which has yet to be enforced, violates minors’ rights under the US Constitution’s First and 14th amendment because even the most graphic on-screen mayhem, video game content represents free speech that cannot be censored without proper justification.

The Court has ruled that there’s no convincing evidence it causes psychological damage to young people. The 3-0 judgment has affirmed an earlier ruling by a U.S. District Court, which barred enforcement of the law on the basis that it was “unduly restrictive” and “used overly broad definitions,” and that the state failed to show that the limitations on violent video games would actually protect children.

In 2005, Leland Yee (???), a California State Senator (in District 8 which includes the western half of San Francisco and most of San Mateo County), Speaker pro Tempore of the Assembly (D-San Francisco/Daly City), introduced California Assembly Bills 1792 & 1793 which barred “ultra-violent” video games from minors under the age of eighteen in California and mandated the application of ESRB ratings for video games.

“California Assembly Bills 1792 & 1793” were commonly called the “ultraviolent video games bills” or simply “video game ban” bills. Bill 1792 banned the sales of such video games while Bill 1793 required signs explaining the regulations on said games to be placed where such were sold. Both bills were passed by the Assembly and signed by Governor Arnold Schwarzenegger into law (AB 1179) on October 7, 2005.

Explicitly, these two bills provided that:

• AB 1792 will place ultra-violent video games into the “matter” portion of the penal code, which criminalizes the sale of said material to a minor.

• AB 1793 will require retailers to place M-rated games separate from other games intended for children, and will also require retailers to display signage explaining the ESRB rating system.

Yee, a former child psychologist has publicly criticized such games as Grand Theft Auto: San Andreas and Manhunt 2, and opposes the U.S. Army’s Global Gaming League.

On October 17, 2005, before the effectivity of the challenged Act, plaintiffs Video Software Dealers Association, the not-for-profit international trade association dedicated to advancing the interests of the $32 billion home entertainment industry and Entertainment Software Association, a 1994 US trade association of the video game industry have filed lawsuit (D.C. No. CV-05-04188-RMW) against the defendants Governor Arnold Schwarzenegger, CA Attorney General, Edmund G. Brown, Santa Clara County District Attorney George Kennedy, City Attorney for the City of San Jose, Richard Doyle, and County Counsel for the County of Santa Clara, Ann Miller Ravel.

Plaintiffs’ counsel, Jenner & Block’s Paul M. Smith has filed a declaratory relief to invalidate the newly-enacted California Civil Code sections 1746-1746.5 (the “Act”), on the grounds that it allegedly violated 42 U.S.C. § 1983 and the First and Fourteenth Amendments.

Plaintiffs have submitted that “the Act unconstitutionally curtailed freedom of expression on its face based on content regulation and the labeling requirement, was unconstitutionally vague, and violated equal protection. California’s restrictions could open the door for states to limit minors’ access to other material under the guise of protecting children.”

By December 2005, both bills had been struck down as unconstitutional, by Ronald M. Whyte, District Judge, Presiding in the United States District Court for the Northern District of California in San Jose, thereby preventing either from going into effect on January 1, 2006.

Judge Whyte has granted plaintiffs’ motion for a preliminary injunction in “Video Software Dealers Ass’n v. Schwarzenegger,” 401 F. Supp. 2d 1034 (N.D. Cal. 2005), and cross-motions for summary judgment, in “Video Software Dealers Ass’n v. Schwarzenegger,” No. C-05-04188, slip op. (N.D. Cal. Aug. 6, 2007).

Similar bills were subsequently filed in such states as Illinois, Oklahoma, Minnesota, Michigan and Louisiana have been ruled to be unconstitutional by federal courts on First Amendment grounds, according to Sean Bersell, a spokesman for the Entertainment Merchants Association.

The defendants, in the instant Case No. 07-16620, have timely appealed the judgment. On October 29, 2008, the appealed case was argued and submitted to the Sacramento, California’s U.S. Court of Appeals, hence, the promulgation of the instant 30 pages decision (No. 07-16620; D.C. No. CV-05-04188-RMW) by Alex Kozinski, Chief Judge, Sidney R. Thomas and Consuelo M. Callahan (who wrote the court’s opinion), United States Court of Appeals for the Ninth Circuit Judges.

In the ban’s defense, Deputy Attorney General for the State of California, Zackery Morazzini has contended that “if governments restrict the sale of pornography to minors, it should also create a separate category for ultra-violent video games.” Edmund Gerald “Jerry” Brown, Jr., California Attorney General, has also argued that “the Court should analyze the Act’s restrictions under what has been called the ‘variable obscenity’ or ‘obscenity as to minors’ standard first mentioned in Ginsberg, 390 U.S. 629. The Court’s reasoning in Ginsberg that a state could prohibit the sale of sexually-explicit material to minors that it could not ban from distribution to adults should be extended to materials containing violence.”

The “Fallo” or dispositive portion of the judgment in question goes as follows:

“We need to help empower parents with the ultimate decision over whether or not their children play in a world of violence and murder,” said the law’s author, Sen. Leland Yee, announcing he wanted Edmund Gerald “Jerry” Brown, Jr., the current Attorney General and a former governor of the State of California, to appeal the decision to the U.S. Supreme Court.

“Letting the industry police itself is like letting kids sign their own report cards and that a self regulating system simply doesn’t work. I’ve always contended that the … law the governor signed was a good one for protecting children from the harm from playing these ultra-violent video games. I’ve always felt it would end up in the Supreme Court,” Sen. Yee explained. “In fact, the high court recently agreed, in Roper v. Simmons (2005), that we need to treat children differently in the eyes of the law due to brain development,” he added.

According to Michael D. Gallagher, president of the Entertainment Software Association, plaintiff, the Court’s ruling has stressed that parents, with assistance from the industry, are the ones who should control what games their children play. “This is a clear signal that in California and across the country, the reckless pursuit of anti-video game legislation like this is an exercise in wasting taxpayer money, government time and state resources,” Gallagher said in a statement.

Entertainment Software Association members include Disney Interactive Studios, Electronic Arts, Microsoft Corp, THQ Inc, Sony Computer Entertainment America, and Take-Two Interactive Software, the maker of “Grand Theft Auto” games.

Judge Callahan has also reprimanded state lawyers for having failed to show any reasonable alternatives to an outright statewide ban against the ultra-violent video games. “Ratings education, retailer ratings enforcement, and control of game play by parents are the appropriate responses to concerns about video game content,” said Bo Andersen, president and chief executive of the Entertainment Merchants Association.

Andersen continues, “retailers are committed to assisting parents in assuring that children do not purchase games that are not appropriate for their age. Independent surveys show that retailers are doing a very good job in this area, with an 80 percent enforcement rate, and retailers will continue to work to increase enforcement rates even further; the court has correctly noted that the state cannot simply dismiss these efforts.”

California was already forced to pay $282,794 to the ESA for attorneys’ fees, money that would’ve helped with the state’s current budget difficulties. Andersen has urged California government officials not to appeal the case. “The estimated $283,000 in taxpayer money spent by the state on this case is so far an ‘ill-advised, and ultimately doomed, attempt at state-sponsored nannyism.’ A voluntary ratings system already exists to avoid the state-sponsored nannyism of a ban,” he explained.

“The governor believes strongly we have a responsibility to our children and our communities to protect against the effects of video games depicting ultra-violent actions,” said Governor Schwarzenegger spokeswoman Camille Anderson adding the governor was reviewing Friday’s decision.

Deputy Attorney General Zackery Morazzini, the state’s counsel in the appealed case, has stressed that “a law restricting sales of violent games is far more effective than industry self-policing, since the technological controls that the court cited as another alternative can be easily bypassed by any kid with an Internet connection.”

According to Jim Steyer, Founder of Common Sense Media, a non-profit organization of 750,000 regular users dedicated to improving children’s media lives, researches have shown that playing these violent video games are detrimental for kids mental and physical health. “The health threat involved with kids playing such games is equivalent to smoking cigarettes,” Steyer said. “These violent video games are learning tools for our children and clearly result in more aggressive behavior,” said Randall Hagar, California Psychiatric Association’s Director of Government Affairs.

The Federal Trade Commission’s data reveals that “nearly 70 percent of thirteen to sixteen year olds are able to purchase M-rated (Mature) video games, which are designed for adults; ninety-two percent of children play video or computer games, of which about forty percent are rated M, which are the fastest growing segment of the 10 billion-dollar video game industry; the top selling games reward players for killing police officers, maiming elderly persons, running over pedestrians and committing despicable acts of murder and torture upon women and racial minorities.”