I disagree with your assertion that if any video game fails the miller test, they all fail the miller test. The games that are being targeted have very mature themes to them. Now, the law does have a bit of ambiguity with the words "killing" and "maiming"(which would actually be my main argument against it). Could someone use that as a loophole to affect T and even E rated games? Possibly. However, it's far more probable that a court would either make the legislature be more specific in their law or the principle of legislative intent would be used(I seriously doubt it was the intent of the legislature to restrict the sale of sports games where the players can get injured).Cynical skeptic said:The problem is the full ramifications of the miller test (the legal concept the law is based upon) can, on it's own, remove the first amendment protections of video games. If any game trips the miller test, all games are subject to being treated like controlled substances.LetalisK said:Which is pretty much what this law does. Whether the law passes or not, nothing is really going to change, contrary to what Chicken Little Gamer says. The decision in this case will result in a philosophical distinction, not a practical one. That distinction being between treating video games like film, regulations being voluntary, or treating video games like tobacco, regulations being mandatory. Either way, children won't be able to obtain M-rated games without parental consent, adults still will, and M-rated games will still be produced like normal.
Originally I was entirely in favor of the law(though I did see it as unconstitutional) because it would be something to put in the face of whiny parents when they start bitching about their little child playing a violent video game. Making the parents legally responsible, as opposed to pointing at a corporate policy, is a stronger argument. However, I got tired of appealing to the lowest common denominator and said "fuck 'em." If they don't understand their responsibility, it's their own fault.
Meaning rather than deal with the bullshit associated with it, most retailers will simply not carry any game that trips this law. The same way they refuse to carry AO games. With retailers giving very clear definitions of what they will and will not carry, publishers stop commissioning anything that might fall into that criteria.
As much as I'd like to see mainstream gaming crash and burn, this is not right.
Assuming that a loophole isn't abused, your scenario is no different than it is now. Publishers already consider what stores will or won't sell and stores will very eagerly sell M-rated games, as long as the customer is of age. Stores are voluntarily treating M-rated video games as a controlled substance.
edit: "ban" was not the correct word to use.