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Entertainment Software Association asks California for its $1.1 million back

The Entertainment Software Association (ESA) announced that it filed in the United States Supreme Court a motion for reimbursement of $1.1 million in attorneys’ fees from the State of California. In other words, they won their case and now they'd like their money back, please.

The motion follows the Supreme Court’s decision in favor of ESA in Brown v. Entertainment  Merchants Association/Entertainment Software Association (formerly titled as Schwarzenegger v. Entertainment Merchants Association), which we made into a list article. Last month, the Court ruled that a 2005 California law regulating the distribution of computer and video games was an unconstitutional decision. This smart decision upheld the opinions of both lower courts that saw the case before it reached the Supreme Court.

Michael D. Gallagher, CEO of the ESA, hopes to convince the court that “from the start of this misguided legislation, then-Governor Schwarzenegger and specific California legislators knew that their efforts to censor and restrict expression were, as court after court ruled, unconstitutional and thus a waste of taxpayers’ money, government time, and state resources.” If he can do that, the ESA will get a significant chunk of change back from the man.

While the decision in favor of the ESA was clear with the court siding with them 7–2, it will be interesting to see if the court believes that California knew they were stepping over the bounds of the constitution before deciding to enact the law and proceed with the trial anyway, which it what the court will have to believe if it's going to award the full $1.1 million (!) to the ESA.

Jul 26, 2011

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9 comments

  • Crimmy - July 27, 2011 6:20 a.m.

    Us Californians are screwed with all this debt.
  • Modroneman - July 26, 2011 10:42 p.m.

    of course I meant, California Debt before the retards come out blasting me. Captcha: nothics dxdy
  • Modroneman - July 26, 2011 10:39 p.m.

    1.1 mil? That nothing compared to the california debit! This is pocket change... Poor cali!
  • SeriousSean - July 26, 2011 10:11 p.m.

    California can't afford this shit.
  • nemesisuprising - July 26, 2011 8:32 p.m.

    on one hand, its taking money from a state....but on the other hand it stops them from attempting stupid shit like this again...hopefully?
  • Myko - July 26, 2011 7:59 p.m.

    dumb ass politicians with their stupid crusades, causing us to foot the bill, I thought they are supposed to listen to the people they govern for, did anyone want to take this to court, no, just on an over zealous trip for power to try to control the people.
  • pyrosomniac - July 26, 2011 6:56 p.m.

    I also live in California and I'm not happy about this, only because we're already bankrupt enough without paying $1.1 million to the ESA. Maybe the law being struck down should be punishment enough, eh?
  • therawski - July 26, 2011 6:29 p.m.

    In how many more ways has DEH GOVENATOR bankrupt CA?
  • onetimebuster - July 26, 2011 6 p.m.

    I live in California and im happy about this

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