>Date: Fri, 3 Mar 2006 02:10:53 +1100 (EST)
>Subject: An open letter to Philip Ruddock, re: Getting Up
>From: "JumpButton" <info@jumpbuttonmag.com>
>Hi...
>
>While I make no pretense at being any kind of legal or argumentative whiz,
>the following is an open letter that I constructed and this morning sent
>to Philip Ruddock's office and the OFLC (as well as all of you).
>
>If the letter is something you support, please feel free to post the
>contents of it on forums, forward it to friends, collegues or media, or
>use it as the basis for your own letter to the Attorney-General.
>
>If you hate it, and wish to flame me, please at least wait until Monday!!
>And preferably until after my 10 am coffee!
>
>Cheers,
>
>Drew
>
>
>------
>
>An open letter to Australia’s Attorney-General, Philip Ruddock MP.
>
>
>
>RE: overturning the decision to refuse classification to the computer game
>Getting Up: Contents Under Pressure
>
>
>Dear Mr Ruddock,
>
>I write, urging you to overturn the OFLC Review Board’s recent decision to
>refuse classification to the computer game Getting Up: Contents Under
>

ressure on the grounds that the ban was unfounded, given the guidelines
>set down in the Act and the Classification of Films and Computer Games
>2005.
>
>I put forward the case that the decision made by the Board does not meet
>the requirements outlined, in that the videogame Getting Up does not
>

rovide ‘detailed instruction or promotion in matters of crime or
>violence’ when compared to previous OFLC classifications and decisions,
>and the large array of information already freely available.
>
>In the official press release regarding the Board’s refusal of
>classification, OFLC Review Board Convenor Maureen Shelley cited three
>main areas of concern that led to the decision:
>
>‘1) the realistic scenarios whereby the central character Trane acquires
>his knowledge of graffiti tips, techniques and styles--including meeting
>with five real graffiti artists who pass on details of tips and techniques
>
>2) the reward for and positive reinforcement of graffiti writing on public
>buildings and infrastructure, and
>
>3) interactive biographies of 56 real graffiti artists, with details of
>their personal tags, styles and careers. The game detail states that all
>these artists began their careers performing illegal graffiti on public
>buildings and infrastructure and that some continue with this practice
>today.’
>
>Contesting those three points, one by one:
>
>1) while the central character (Trane) does meet with the digital
>representation of five real graffiti artists, the tips and techniques he
>receives are not detailed.
>
>Take for example, his conversation with Shepard Fairey, whose ‘tips’ and
>‘techniques’ include the line ‘A little wheat paste glue, a squeegee and
>some posters and you could become the city’s best ad agency’, and, after
>handing Trane nothing but a squeegee, the dismissive comment, ‘Here’s all
>the tools you need’.
>
>There are no details given as to what ‘wheat paste glue’ is or how it
>should be applied, the type of paper Trane should use, how he should
>create the posters, how to create larger posters, or anything else of
>

ractical use. If a driving instructor handed one of their students the
>keys to a car and said, ‘Go, drive’, would the law determine that the
>driving instructor’s company had provided the student with instruction on
>how to pass their driver’s license test?
>
>2) without doubt, limited rewards are given for the restricted application
>of graffiti within the game. But, in context, can these rewards be
>considered of a stronger impact than the rewards given for equivalent, and
>often far more serious, crimes in games that have successfully been given
>classification by the OFLC?
>
>In The Warriors, players not only engage in interactive graffiti, but they
>are rewarded for looting shops, mugging civilians, attacking police
>officers and inciting riots. Hitman 2, the Grand Theft Auto series, Tony
>Hawk’s American Wasteland, Beat Down: Fists of Vengeance and Total
>Overdose are just a few additional examples where crimes with a level of
>realism are met with rewards. (Should the entire phrase ‘matters of crime
>or violence’ be included and possibly a quarter of all games awarded
>classification by the OFLC would need to be reconsidered.)
>
>Or consider the G rating allowed for Need for Speed: Most Wanted, in which
>

layers are rewarded and given positive reinforcement for gaining
>notoriety as a wanted felon by engaging in illicit street racing and a
>variety of criminal acts including the destruction of public and police
>

roperty and resisting arrest.
>
>3) yes, biographies are available on up to 56 real graffiti artists,
>should the gamer manage to ‘unlock’ them all. It must be pointed out,
>however, that they are hardly interactive, unless one considers turning
>the page of a book or scrolling through a page of a Word document as
>interactive.
>
>Additionally, the issues of detail and fair comparison must again be
>questioned. Each biography included in the game is roughly between 30 and
>60 words, and the level of information supplied regarding their styles and
>careers is realistically less than expected from any year seven school
>

roject.
>
>Interestingly, our public schools have no problem teaching students about
>Australia’s own ‘legendary’ criminals--bushrangers such as Ned Kelly, who
>robbed banks and murdered policemen--without those teachings being brought
>into question or deemed to solicit additional criminal acts. That the
>government finds it acceptable to elevate real criminals to ‘hero’ status
>(the impact of which must be considered greater due to the fact that Kelly
>et al were Australian) and teach extensively about them (even deem recent
>films about them as classifiable) raises serious questions about the idea
>that Getting Up could be banned on this premise. Even a biographical film
>about Australia’s notorious underworld criminal, ‘Chopper’ Read, was not
>refused classification.
>
>It must also be noted that a single entry at Wikipedia (‘graffiti’,
>
[link]) provides almost more information on
>a single internet page than is contained in the entire game, with the site
>listing in excess of 85 graffiti legends (providing links to extensive
>biographies for the majority), as well as an expanded history of graffiti
>art, a glossary and a list of additional links, including image galleries
>of graffiti artist’s work. And, unlike the game, all of the information
>available online is able to be printed out, duplicated and given to
>others.
>
>In addition, it is understood that graphic arts magazines such as Computer
>Arts Projects have run special issues on graffiti art (which have included
>

articularly detailed step-by-step how-to instruction and promotion of
>illegal graffiti), and Australian books and magazines (such as Artillery)
>have been published showcasing illegal graffiti and street art (with
>

rofiles on, and interviews with, current graffiti ‘legends’ and
>‘criminals’, a number of which are Australian).
>
>The legal use of illegal graffiti in television advertising must also be
>considered promotion, and the questionable use of stencil art by
>VicHealth, spraypainted onto the platforms of Melbourne railway stations,
>sends a very mixed message indeed.
>
>Broaden the topic to include ‘crime’ or ‘violence’ in general, and based
>on the level of detail and promotion contained in the videogame Getting
>Up, one must expect the government to refuse future classification to any
>

ublication or film resembling JFK, Wolf Creek, The Godfather, Pulp
>Fiction, Natural Born Killers, Chopper, The Bourne Identity, American
>

sycho, Crime and Punishment, serial killer profiling or true crime
>stories, and films or documentaries on matters that instruct or promote
>instances of assassinations, riots, unsolved crime, criminals, the
>construction of a crime or forensic investigation.
>
>After all, let it be made quite clear that the basis upon which the ban
>was made-- namely that computer games can be refused classification if
>they ‘promote, incite or instruct in matters of crime or violence’--is the
>same one within the Act which is able to be applied to film and
>

ublications.
>
>Investigating further the topic of the decision, while it is recognised
>that the way in which the vote was carried out was within regulation
>(according to section 57, page 47 of the Act), concern must be raised over
>two particular facets.
>
>Firstly, why would a Review Board be called with an even number of
>members? Surely, this would increase the likelihood of a ‘hung’ board. Is
>this standard procedure? And, if it is, why would a government department
>create a system that encourages problematic situations and decisions?
>
>Secondly, why is the Convenor given the power to make a casting vote (ie.
>with Getting Up, Convenor Maureen Shelley was able to make her vote count
>twice)? With a board able to be made up from as little as three or four
>members, a second vote is a considerable percentage of the vote.
>
>Furthermore, let it be pointed out that I strongly believe that the
>Classification Code itself--in part--contravenes its own principles. It is
>clearly stated on page 1 of the Code, that OFLC ‘decisions are to give
>effect, as far as possible, to the following principles: (1) adults should
>be able to read, hear and see what they want’.
>
>How this can be possible if--in direct contrast to publications and
>film--the Code does not allow for an R18+ classification for computer and
>video games? Given that statistics provided by the Interactive
>Entertainment Association of Australia point to a situation where 88% of
>Australians believe there should be an R18+ classification, 76% of
>Australian households have a device for playing games and the average age
>of a gamer is now 24, it must be assumed that the Code needs immediate
>revision.
>
>In closing, then, for the Australian government and its legal
>representatives (such as the OFLC) to consider itself in a position to
>fairly and justly classify all publications, film and computer games, I
>believe:
>
>1) the decision to ban the videogame Getting Up must be immediately
>overturned
>
>and, 2) future provision be made for R18+ classification for computer games.
>
>Thank you for taking the time to read this letter. I look forward to your
>response, and subsequent action.
>
>Kind regards,
>
>
>
>Drew Taylor
>Editor of JumpButton magazine: the art and substance of videogame culture
>
>
>------
>
>
>--
>Drew Taylor
>Editor
>JumpButton Magazine
>

O Box 293, Blackburn South 3130
>Australia
>email: info@jumpbuttonmag.com
>web:
[link]