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LETTER.TXT
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1994-06-10
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Here is the text of the letter send jointly by Senators Herb Kohl and
Joseph I. Lieberman to major retailers. It is on United States Senate
stationery.
==================================
Dear __________:
As you may know, we have been urging the interactive entertainment
industry to develop an independent, uniform, and credible rating system to
guide parents in the purchases of interactive entertainment software,
including video games. At a joint hearing on March 4 before our sub
committees, Mr. Jack Heistand, the chairman of the interactive Digital
Software Association (IDSA), provided an encouraging progress report,
outlining a system which will enable interactive entertainment products to
be rated by an independent rating panel before reaching store shelves. That
system will cover a wide range of software for use on closed platform
formats, such as those produced by SEGA and Nintendo, as well as other
formats, including PC software. Mr. Heistand reaffirmed the industry's
commitment to have a rating system in operation in time for the coming
holiday season. (Enclosed please find a copy of his written statement. Mr.
Heistand testified, however, that the cooperation and support of retailers
will be necessary to make a voluntary rating system work. We agree.
At the hearing, representatives of three large retailers voiced their
support for the industry's efforts. Executives from Wal-Mart, Toys "R" Us
and Babbage's each committed to making a rating system effective in their
stores. All three executives stated that their stores would not sell
unrated products once a ratings system is in operation. They also outlined
other appropriate steps which they will take, such as training their store
personnel about the meaning of the ratings and segregating interactive
entertainment products rated as appropriate for mature audiences from those
which are appropriate for all ages. Moreover, they will make information
about the ratings available to their customers. The stand that these
companies have taken will serve their customers well. Commitments by other
major retailers to take similar steps, particularly the policy of not
selling games which have not been rated by independent reviewers prior to
shipment, will be a significant contribution to making the rating effort
work. To the extent that a voluntary industry rating effort is widely used
and effective, the need for the enactment of the Federal legislation which
we recently introduced is reduced.
We believe that _HOW_ products are rated is as important as _WHETHER_
they are rated. The Software Publishers Association (SPA) is promoting an
alternative rating program which would be less reliable and less credible
than the IDSA approach. Under the SPA proposal, ratings would not be issued
by an independent rating board, but instead by software publishers
themselves. Thus, SPA ratings would not be insulated from a publisher's
marketing pressures. Furthermore, the SPA system may expose retailers to
greater monitory costs. These costs will arise from the increased
likelihood that software products would have to be pulled from store
shelves and re-rated if the publisher fails to rate the product
appropriately.
We ask that you commit to sell only interactive entertainment products
rated by an independent, pre-market rating process and that you make it
clear that software initially rated by publishers will not be carried. We
also urge you to adopt other appropriate policies to ensure that the rating
system is as effective as possible. Your leadership will send an important
signal to the interactive entertainment industry and to the general public.
Please let us know what commitments your company will make concerning
implementation of the rating system. If you have any questions, please
contact Mr. Sloan Walker of the staff of the Subcommittee on Regulation and
Government Information at (202) 224-3993 or Mr. Jamie Schwing at the
Subcommittee on Juvenile Justice (202) 224-4129.
Sincerely,
Herb Kohl Joseph I. Lieberman
Chairman Chairman
Judiciary Committee Governmental Affairs
Subcommittee on Juvenile Justice committee, Subcommittee
on Regulation and Government
Information