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INTEREST: Mother and Son File Lawsuit Over Kagawa Prefecture's Ordinance Restricting Video Game Play


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SilverTalon01



Joined: 02 Apr 2012
Posts: 2152
PostPosted: Fri May 15, 2020 3:52 pm Reply with quote
Interesting. I'm guessing that damages amount is just meant to cover costs?

Anyway, whether they are enforcing it or not, I don't think the government should have any say in what people can do in their own homes unless the activity in question is inherently illegal. But hey, American values. Japan can do its own thing.
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DRosencraft



Joined: 27 Apr 2010
Posts: 363
PostPosted: Fri May 15, 2020 4:41 pm Reply with quote
Not knowing the fine points of Japan's civil jurisprudence, assuming it has the same basic tenets as America's, the case will likely be thrown out as "premature" because the plaintiffs have not actually suffered any damage. They would have to show actual damage (a fine levied against them) before filing suit, or a high likelihood of suffering actual damages (where they're probably leaning on with the constitutional rights piece). The article uses relatively strong language, and it would be interesting to see the specific language of the ordinance, but the fact that the gov't in question is clearly stating that it is a guideline for parents with no plans on enforcement means that, from a legal standpoint, the plaintiffs can't really prove damages. And if it is just guidance and there is no provision for enforcement, there isn't really any injunctive relief either. Again, all depends on the specific language of the ordinance.
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Covnam



Joined: 31 May 2005
Posts: 1732
PostPosted: Fri May 15, 2020 4:42 pm Reply with quote
I'd imagine it being non-binding and not enforced would just get the case thrown out
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AJ (LordNikon)



Joined: 14 Apr 2009
Posts: 372
PostPosted: Fri May 15, 2020 5:46 pm Reply with quote
SilverTalon01 wrote:
Interesting. I'm guessing that damages amount is just meant to cover costs?

Anyway, whether they are enforcing it or not, I don't think the government should have any say in what people can do in their own homes unless the activity in question is inherently illegal. But hey, American values. Japan can do its own thing.


What does American values have anything to do with this?? Rolling Eyes This lawsuit files is by Japanese citizens against Japanese prefectureal government consisting of Japanese citizens. Are you referring to your opinion is American opinion?
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omegafinal



Joined: 13 Jul 2005
Posts: 70
PostPosted: Fri May 15, 2020 5:47 pm Reply with quote
First time hearing about this. All I can think is, how can this even be enforced? Especially since this is not nationwide or something, forcing game companies or platforms to implement specific time limiting features.
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Superfield



Joined: 13 Jun 2016
Posts: 58
PostPosted: Fri May 15, 2020 6:34 pm Reply with quote
Hard to say that something is an ordinance when there are absolutely no plans to enforce it. If it just boils down to "individual households should adhere to this ordinance by their own discretion", then why is this an ordinance when it could just be a public health recommendation?
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Spooky Blades



Joined: 23 Sep 2018
Posts: 39
PostPosted: Fri May 15, 2020 6:35 pm Reply with quote
This ordinance is beyond stupid, resticting gameplay time on people? really? if they bought the console and games, they can play as many hours as they want! who thought of this bullshit?
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cookiemanstah



Joined: 09 Dec 2013
Posts: 297
PostPosted: Fri May 15, 2020 6:42 pm Reply with quote
Spooky Blades wrote:
who thought of this bullshit?

moral panic because the Kyoto Animation arsonist was a crazy video game addict.
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Tripple-A



Joined: 21 Feb 2017
Posts: 224
Location: Hamburg, Germany
PostPosted: Fri May 15, 2020 8:55 pm Reply with quote
I'm overall no expert when it comes to juristic matters, but as far as I know Japan's juristics are a mixture of Roman-Germanic and American common law, of course adapted to their own culture.

Again I have almost no idea about juristic matters, even more so if it's not even my own country's (Germany) but the main problem I see with their case is one simple line "non-binding". Can you even have a case (in any country in the world) if it's against something that is non-binding? Isn't non-binding per definition something that can't progress into a law?
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Ambrose7



Joined: 11 Aug 2016
Posts: 63
PostPosted: Fri May 15, 2020 10:05 pm Reply with quote
AJ (LordNikon) wrote:
SilverTalon01 wrote:
Interesting. I'm guessing that damages amount is just meant to cover costs?

Anyway, whether they are enforcing it or not, I don't think the government should have any say in what people can do in their own homes unless the activity in question is inherently illegal. But hey, American values. Japan can do its own thing.


What does American values have anything to do with this?? Rolling Eyes This lawsuit files is by Japanese citizens against Japanese prefectureal government consisting of Japanese citizens. Are you referring to your opinion is American opinion?

I think you need to read what they said again.
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ChimeyChime



Joined: 02 Mar 2018
Posts: 46
PostPosted: Sat May 16, 2020 1:02 am Reply with quote
How would they even enforce this? lmao
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eyeresist



Joined: 02 Apr 2007
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PostPosted: Sat May 16, 2020 6:21 am Reply with quote
We are talking about are GUIDELINES.
The guidelines are NON-BINDING.
This local government ordinance affects no one's life unless they CHOOSE to follow the guidelines.
How could a teenager gaming less result in damages that require monetary compensation?
Anyone who would sue because of non-binding guidelines is a fool with too much money.
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RubyRed



Joined: 17 Aug 2017
Posts: 17
PostPosted: Sat May 16, 2020 8:13 am Reply with quote
eyeresist wrote:
We are talking about are GUIDELINES.
The guidelines are NON-BINDING.
This local government ordinance affects no one's life unless they CHOOSE to follow the guidelines.
How could a teenager gaming less result in damages that require monetary compensation?
Anyone who would sue because of non-binding guidelines is a fool with too much money.

Basically, this. Though maybe they just want to draw attention to this quickly in the fear that it'll progress to a law in the future if ignored now? Though I can't imagine how such a law would even be enforced in the first place.
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capt_bunny



Joined: 31 May 2015
Posts: 233
PostPosted: Sat May 16, 2020 6:30 pm Reply with quote
cookiemanstah wrote:
Spooky Blades wrote:
who thought of this bullshit?

moral panic because the Kyoto Animation arsonist was a crazy video game addict.


Oof.... That I didn't know.
There are already many studies that video games =/= increasing violence. I know there are many people all over the world who do believe this. But I just hope that's not the case for this.
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TarsTarkas



Joined: 20 Dec 2007
Posts: 4498
Location: Virginia, United States
PostPosted: Sat May 16, 2020 11:24 pm Reply with quote
I haven't the faintest idea about how this would play out in court. But even if the law is unbinding and unenforceable, that doesn't mean there isn't any harm. Laws and judgements set precedent. That is the harm.

Unchallenged this ordinance could be used as a pretext for binding and enforceable laws.

Much like what China is doing in the South China Sea. The longer their coral reef military bases stand, the more their claim to their sovereignty becomes valid.
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