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Dodece said:
@thekitchensink

The ESRB is a self regulating organization. They are a private organization founded by the gaming industry for the purposes of self regulation. Which is a standard practice in the United States for many industries. By regulating themselves and providing guidelines to consumers and restricting access they effectively remove the threat of governmental intervention. Yes it is a twisted system, but it works. Better for the industry and its better for consumers. The government is rarely fast, efficient, or decisive.

Basically Microsoft or Sony can absolve themselves from participation or requiring those developing games from doing so. Nobody has to present a game for rating or even have to attach the rating to the game. Most decide to do so out of a sense of public relations. The entire system is voluntary, and there is no governmental sanction required. Perhaps Quebec recognizes the system, but it is by no means under their control.

Technically in the United States and most people probably are not aware of this you can buy or sell unrated items. A item need not have a rating to be sold to consumers of any age. I purchased my first pornography legally when I was thirteen years old. Thanks to a company that was not using a self regulated ratings system.

Basically the system manages itself to prevent governmental intervention in regards to this game. I honestly think it is doubtful that the title would have been allowed to have an Adults Only rating. Microsoft and Sony would have brought considerable pressure to bare. Even if that were to happen and for whatever reason the companies refused to have a rating that said Adult. They could have just denied the rating and brought the game to market without a ESRB rating, or they could have created ones of their own. Both of which are entirely legal.

Okay, I honestly thought it was funded by the government.  But I already said they could release it without a rating--however, no store would ever sell it.  And I don't think they're allowed to just make their own rating.



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