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Jarrod




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PostPosted: Wed Aug 10, 2011 3:19 pm Post subject: NSW agrees to R18+ rating for games Reply with quote

NSW agrees to R18+ rating for games by Jarrod
PALGN News: Everybody finally agrees.
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PostPosted: Wed Aug 10, 2011 3:36 pm Post subject: Reply with quote

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Brendan O'Connor has stressed that previously banned games will not be reclassified.


of course they can resubmit them though, although the ship has sailed on many of those games and they wouldn't bother.
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Jarrod




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PostPosted: Wed Aug 10, 2011 3:44 pm Post subject: Reply with quote

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They can, but only under specific conditions.

Part of the agreement for getting this R18+ rating going was that games that have been refused classification, and appealed that classification, taking the RC to the ratings board, cannot be resubmitted. After all, if they could this would allow publishers to submit over and over until they get what they want. When it's absolutely finalised and has been refused appeal, no publisher can resubmit the game, regardless of the new R18+ rating.

However, if the game was RC'd but never had the RC appealed, the publisher could theoretically appeal the RC after the R18+ rating is introduced, possibly getting the game to go through.

There's two other ways that might get a game uncensored too. The first is to release a mod/patch/update that unlocks or adds gore, and submit that to the rating board. That might work, though I'm not sure of the legality regarding mods that increase the shelf rating. The second option is to re-release the game with a change, eg: "Mortal Kombat Australian Edition". A new release would require new classification, and could get the R18+ stamp. The downside to that is that the publisher would have to submit that new release for Microsoft/Sony/whoever certification, which takes time and money that the publisher is unlikely to spend.

Those hoping for Mortal Kombat probably wont ever get it. As far as I'm aware Warner Bros. appealed the original refusal of classification, which would disqualify it for resubmission for R18+ unless they were to completely re-release/package the game. If a GOTY edition with all the DLC comes along that could be submitted
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PostPosted: Wed Aug 10, 2011 3:51 pm Post subject: Reply with quote

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mikezilla2
Fetidchimp
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Part of the agreement for getting this R18+ rating going was that games that have been refused classification, and appealed that classification, taking the RC to the ratings board, cannot be resubmitted. After all, if they could this would allow publishers to submit over and over until they get what they want. When it's absolutely finalised and has been refused appeal, no publisher can resubmit the game, regardless of the new R18+ rating.

That bit doesn't make sense to me, I mean I get that you can't appeal something infintley, and I understand that they wouldn't go back and redo all the stuff cause that would be insanley time consuming.

But I don't see why that now with a new rating system introduce games shouldn't be allowed to appeal it under the new ratings guidelines. And then if that gets refused bam, no appeals.
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PostPosted: Wed Aug 10, 2011 3:52 pm Post subject: Reply with quote

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thats fucking stupid....considering the amount of times salo has been resubmitted
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Jarrod




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PostPosted: Wed Aug 10, 2011 3:55 pm Post subject: Reply with quote

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Yes, it is stupid. It is stupid to change a system and entire classification ruleset and not allow products to adapt or be classified under the new structure. It makes no sense.

But that, sadly, is what was agreed on (as far as I'm aware).
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PostPosted: Wed Aug 10, 2011 4:16 pm Post subject: Reply with quote

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Jarrod wrote:
Those hoping for Mortal Kombat probably wont ever get it.

You just need to wait for the inevitable Ultra-HD-Holograph rehash in 5 years time...
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PostPosted: Wed Aug 10, 2011 4:25 pm Post subject: Reply with quote

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grim-one wrote:
Jarrod wrote:
Those hoping for Mortal Kombat probably wont ever get it.

You just need to wait for the inevitable Ultra-HD-Holograph rehash in 5 years time...


Capcom aren't making it though.
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PostPosted: Wed Aug 10, 2011 4:29 pm Post subject: Reply with quote

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mikezilla2
None of this matters until we find out what the guidelines are.
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PostPosted: Wed Aug 10, 2011 4:30 pm Post subject: Reply with quote

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ABC are reporting it differently. They could be wrong of course. They are saying that some games will be reclassified.
http://www.abc.net.au/technology/articles/2011/08/10/3290150.htm

However, there are probably good reasons they wouldn't open up appeals for all previous games:

1) Most banned games now aren't commercially viable anymore anyway as they are on old systems. So it's a waste of time.

2) Theoretically, a giant like EA with plenty of money could get Australia to reclassify any games they had RC'd based on the slight chance they may one day want to re-release games here on the PSN or something.

3) Classifications/crimes/anything that legislation applies to shouldn't retospectively be appealed because of a law change. Just because, for example, murder laws are reduced from 20 years to 10 years in jail doesn't mean every murderer under the old law should get a sentence cut. Or that your speeding fine from 10 years ago should increase with increases under legislation.

A similar theory applies to censorship. You get the classification that's given under the laws of the day, not the laws from anytime in history that are the most convenient to you.
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Jarrod




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PostPosted: Wed Aug 10, 2011 4:35 pm Post subject: Reply with quote

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mikezilla2
The ABC article seems to be speculating, much like we all are. As JackSlack said it will also depend on what the guidelines end up being. If the original draft goes through then yes, games with higher content will be allowed under the R18+ rating.

But I'm 90% sure that refused classification games that have already appealed the decision, only to have that appeal denied, cannot appeal a second time regardless of the new rating. Not unless they resubmit under the guise of a 'new release' (eg: Mortal Kombat Australian Edition").

It's something O'Conner and co have stressed quite a bit, that games refused classification wont be resubmitted. I could be wrong, but I'm pretty sure that was the price we had to pay.
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PostPosted: Wed Aug 10, 2011 4:37 pm Post subject: Reply with quote

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I agree, I just thought I'd put it out there. It sounds like they are speculating that some recent games on current systems may be reclassified, which is the most sensible approach. Pure speculation of course.
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PostPosted: Wed Aug 10, 2011 4:40 pm Post subject: Reply with quote

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A similar theory applies to censorship. You get the classifiation that's given under the laws of the day, not the laws from anytime in history that are convenient.

And that's stupid.
Ratings and classifications should reflect societys current standards. Not the standards from when a movie/game was released. Imagine if gone with the wind had been rated and clark gable saying damm cause the movie to get slapped with an M or MA rating for profanity.
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PostPosted: Wed Aug 10, 2011 4:48 pm Post subject: Reply with quote

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plenty of movies have had their rating changed....eg the thing was R when i was a kid, it is now rated M (well my copy is, the oflc says MA)
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PostPosted: Wed Aug 10, 2011 4:51 pm Post subject: Reply with quote

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Fetidchimp wrote:
plenty of movies have had their rating changed....eg the thing was R when i was a kid, it is now rated M


That's what I thought, but I wasn't sure if that's cause they've had to be reclassified when they get released on DVD, then again on blu-ray etc. I remember shit like Terminator used to be R rated.
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PostPosted: Wed Aug 10, 2011 4:53 pm Post subject: Reply with quote

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The terminator was rated M, i saw it the day it opened in the cinema....yeah i would say they review it on a newer release.

Maybe they changed the rating for video or something, but i saw the same version it has always been
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PostPosted: Wed Aug 10, 2011 4:55 pm Post subject: Reply with quote

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Fetidchimp wrote:
The terminator was rated M, i saw it the day it opened in the cinema....yeah i would say they review it on a newer release.


ha it's MA now, so I guess it goes both ways.

Maybe it was robocop I was thinking of that was R?
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PostPosted: Wed Aug 10, 2011 4:57 pm Post subject: Reply with quote

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And one rating i just saw for it was R for the 35mm version on the oflc, weird as it was definitely rated M when i saw it as there was no MA rating at the time and i was 12

http://www.classification.gov.au/www/cob/find.nsf/d853f429dd038ae1ca25759b0003557c/5d4696ba05cf1389ca257671007b247d?OpenDocument
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PostPosted: Wed Aug 10, 2011 5:02 pm Post subject: Reply with quote

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Fetidchimp wrote:
The terminator was rated M, i saw it the day it opened in the cinema....yeah i would say they review it on a newer release.

Maybe they changed the rating for video or something, but i saw the same version it has always been


Im not sure how it works for film, but as said the new release policy would still theoretically apply for games. A GOTY edition or repackaging of the same game would technically require resubmission to the Classification's Board, which could change the rating.

Its possible that this rule regarding current releases is exclusive to the way games are rated. I think it was the condition some partied demanded for the R18+ thing to go ahead, as they were worried all this RC'd games would suddenly be put through.
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PostPosted: Wed Aug 10, 2011 5:05 pm Post subject: Reply with quote

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Jarrod wrote:

Its possible that this rule regarding current releases is exclusive to the way games are rated. I think it was the condition some partied demanded for the R18+ thing to go ahead, as they were worried all this RC'd games would suddenly be put through.


Eh baby steps I guess.
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PostPosted: Wed Aug 10, 2011 5:11 pm Post subject: Reply with quote

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Pretty much. RC'd games getting the go ahead to release was one of the most vocal concerns from the opposing parties. They all seemed shit scared your RapeLays and what have you would flood the country if we allowed an adult rating.
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PostPosted: Wed Aug 10, 2011 5:24 pm Post subject: Reply with quote

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That is what I don't get. They say that we'll see all these pornographic games like Rapelay start flowing into Australia. But these games aren't even available in many countries outside of Japan let alone actually translated in English. There's only a couple of games that are actually banned each year.
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PostPosted: Wed Aug 10, 2011 5:27 pm Post subject: Reply with quote

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Well, its not really surprising that those opposing freedom of choice and expression also happen to be hyperbolic and irrational.
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PostPosted: Wed Aug 10, 2011 5:28 pm Post subject: Reply with quote

Pagan's Mind wrote:
That is what I don't get. They say that we'll see all these pornographic games like Rapelay start flowing into Australia. But these games aren't even available in many countries outside of Japan let alone actually translated in English. There's only a couple of games that are actually banned each year.


That assumes the people opposing it were looking at actual facts.
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PostPosted: Wed Aug 10, 2011 5:33 pm Post subject: Reply with quote

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Jarrod wrote:
There's two other ways that might get a game uncensored too. The first is to release a mod/patch/update that unlocks or adds gore, and submit that to the rating board. That might work, though I'm not sure of the legality regarding mods that increase the shelf rating.


They did that with GTAIV but as far as I know that never got reclassified... After I downloaded the DLC for it off PSN all the censored bits were reinstated.
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