SOURCE: Vindicia


September 20, 2010 09:12 ET

Vindicia Files Amicus Curiae Brief in Support of Online Video Game Industry

Company Argues California's So-Called "Violent Video Games" Statute Unintentionally and Unfairly Impacts Online Gaming Community

BELMONT, CA--(Marketwire - September 20, 2010) -  Vindicia, a leading provider of on-demand strategic billing solutions, today filed an amicus curiae brief in support of the Entertainment Merchants Association and Entertainment Software Association in their case, pending review by the United States Supreme Court, arguing against a California statute imposing fines on the sale of so-called "violent video games" to people under 18. Vindicia CEO Gene Hoffman will attend the oral argument pertaining to the case before the Supreme Court in Washington, D.C. on November 2.

For the first time in the video game industry's history, growth in online gaming is outpacing console- and PC-based revenue growth, reflecting the popularity of gaming as a form of entertainment, education and communication. Counting many of these online gaming providers as clients, including Activision/Blizzard Entertainment, Atari/Cryptic, Fuel Industries, HitGrab, Outspark and hi5, Vindicia offers an expert point of view on the implications of the California statute on the online video gaming industry.

In the brief filed today by notable civil rights counsel Alan Gura, Vindicia argues that the vagueness of the statute at issue raises complex questions about the law's application to online gaming models, questions that would have an unintended and unfair impact on the First Amendment rights and business interests of these companies and their end users. Specifically, Vindicia argues that the statute's age-verification requirement substantially interferes with legitimate adult expression primarily by jeopardizing the increasingly popular "freemium" business model of providing free to play games that offer premium content or virtual goods.

"We believe that helping our clients navigate complex regulatory requirements is part of the value we provide, and so are pleased to join with them in urging the Supreme Court to find this ill-advised legislation unconstitutional," said Hoffman. "The statute conveys a lack of understanding of the magnitude, complexity, sophistication and rapid innovation of the online gaming industry, and of the profound implications of the statute on this industry. The result would be to deprive millions of adult online gaming customers who have a right to spend their entertainment dollars as they see fit, while chilling the vibrant, innovative online gaming industry that serves them."

About Vindicia
Vindicia offers an on-demand strategic billing solution for marketing and sales that manages subscriptions and one-time payments for online merchants. We work with some of the best-known brands on the Internet, including Symantec, Activision Blizzard, Intuit, and Atari/Cryptic. As an externally audited PCI Service Provider and a SAS 70 Type II company, Vindicia securely handles online revenue of over a billion dollars annually. For more information, visit

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