Everyone involved with this misguided law has known from the start that it is an unconstitutional infringement on the First Amendment freedoms of those who create and sell video games.

If this law is implemented, it will not only limit First Amendment rights for Michigan's residents, but, by virtue of its vagueness, it will also create a huge amount of confusion for Michigan's retailers, parents, and video game developers. I'm confident the court will affirm our position given the rulings on similar statutes in other jurisdictions; indeed, the facts, the science, the law, and the U.S. Constitution have not changed since those decisions were handed down.

We obviously are gratified with the decision. We said from the outset that there is no basis in law or in fact for this suit. As much as we'd like to find easy answers, there are none.

If this law is implemented, it will not only limit First Amendment rights for Michigan's residents, but, by virtue of its vagueness, it will also create a huge amount of confusion for Michigan's retailers, parents, and video game developers. I'm confident the court will affirm our position given the rulings on similar statutes in other jurisdictions; indeed, the facts, the science, the law, and the U.S. Constitution have not changed since those decisions were handed down.

The combination of these new controls, the existing ESRB rating system, and voluntary commitments by retailers not to sell Mature and Adult Only games to minors strikes the right balance between strong self-regulation and the ultimate responsibility of parents to take charge of the media their kids consume.

In 2004, the average game buyer was 37 years old and the average game player was 30. Knowing this, our industry creates a wide range of content for a diverse consumer audience, just as other entertainment industries do. And, it's illogical that video games would be treated more harshly than R-rated movies or music CDs with parental warning labels, both of which can be legally viewed and sold to minors. How can you treat a video game based on James Bond any different than a book or movie based on the same subject matter?