resetting the relationship between video game and gun manufacturers

Game oveR RESETTING THE RELATIONSHIP BETWEEN VIDEO GAME AND GUN MANUFACTURERS

A REPORT BY MOMS DEMAND ACTION FOR GUN SENSE IN AMERICA AND GUN TRUTH PROJECT JUNE 2013

Video games expose our brand to a young audience who are considered possible future owners. - Ralph Vaughn, Negotiator for Firearms Manufacturer Barrett

Game oveR RESETTING THE RELATIONSHIP BETWEEN VIDEO GAME AND GUN MANUFACTURERS

A REPORT BY MOMS DEMAND ACTION FOR GUN SENSE IN AMERICA AND GUN TRUTH PROJECT JUNE 2013

GUN TRUTH PROJECT

The report Game Over: Resetting the Relationship Between Video Game and Gun Manufacturers was produced by Moms Demand Action for Gun Sense in America and Gun Truth Project. COPYRIGHT © 2013

Introduction Following the recent string of mass shootings, a number of public leaders have sought ways to reduce the gun violence epidemic in this country. Some have focused on fixing the nation’s gun laws, others have pushed to strengthen the mental health system, and some have narrowed in on the ready supply of military style assault weapons. Many others have questioned the impact of violence in the media, especially in video games that feature realistic environments and first-person shooting. The New York Times reported in December 2012 that studies have found no connection between the virtual violence depicted in video games and the real-world gun violence that claims tens of thousands of American lives every year.1 But another connection has been revealed – one between video game publishers and gun manufacturers. Video game makers, aiming to produce realistic virtual experiences featuring authentic firearms, have often included many actual brands and products in their games. To solidify this arrangement, many of the large video game makers have entered into financial relationships with gun manufacturers. In some cases, money has been exchanged to secure product placement or legal rights. In one scenario, video game product launches have been tied to online marketplaces for customers to purchase weapons used in the game. By entering into financial, promotional or legal relationships with gun manufacturers and featuring their weapons, video game publishers are going beyond entertainment. They are blurring the line between fiction and reality in ways that can have tragic consequences. Anders Behring Breivik, who shot and killed 69 people and detonated a bomb that killed eight others in Norway in 2011, said he improved his marksmanship by playing Call of Duty.2 Adam Lanza was also reportedly an avid player of that game, which features a number of rifles made by Bushmaster. Lanza later used a Bushmaster .233 caliber to kill 26 people, including 20 elementary school children, in Newtown, Connecticut.3 To be clear, violent video games were not the cause of either of these tragedies. But one can certainly see the link between the promotion of actual, real life weapons in video games and the way in which the shootings were carried out. For the sake of public safety, and the safety of their customers, the makers of these games should not enter into deals that connect fantasy to reality, promote the gun industry and spark ideas in the heads of individuals inclined to mass violence.

introduction | 01

The Pursuit of Realness Manufacturers of popular first-person shooter video games have long sought to increase the authenticity -- the “realness”, as game design jargon calls it -- of their products. The more exciting and realistic the game, the greater the potential for profit. When entertainment software developers recreate the savagery of the battlefield or of criminal gun violence, they respond to audience demand for sharper imagery and greater immediacy and aim to set new precedents for violence and verisimilitude.4 It is no accident that many video game makers put a premium on the accuracy of the smallest details – whether they are portraying clothes, or vehicles, or weapons. As the first-person shooter game has evolved, many developers have included realistic guns, modeled exactly after actual firearms, as the primary instruments. This trend has become more noticeable in the past decade, as makers of military-inspired, tactical first-person shooter games have chosen to set their games against the backdrop of real-world conflicts. To lend what some call “enhanced authenticity” to the experience, many of the guns are designed to look, sound and function exactly like the real thing. In some instances, companies have entered into financial agreements with firearms manufacturers to ensure legal protection when featuring specific gun models.5 Though few details regarding these arrangements have been disclosed, some of the companies known to be involved have spoken out and made clear that the placement of branded, highly-realistic guns in video games is intended to boost sales of real firearms. One firearm featured in video games is the Barrett M82, a .50-caliber sniper rifle that has become a tactical cornerstone in American infantry operations in the Middle East and is also available commercially. In fact, it is one of the largest sniper rifle on the market, and it is one of the weapons of choice in the Call of Duty video game franchise, owned by Activision Blizzard.6

“We’ve worked with companies to send our sniper rifles into video games. Which ones? Our license agreement prohibits us from mentioning a company by name. [However,] you are welcome to check out the Call of Duty series.” Ralph Vaughn, Negotiator for Barrett

02 | game over: resetting the relationship between video game and gun manufacturers

“It is hard to qualify to what extent rifle sales have increased as a result of being in games, but video games expose our brand to a young audience who are considered possible future owners,” said Ralph Vaughn, one of Barrett’s negotiators who arranges deals with game makers, in an interview with Eurogamer.net’s Simon Parkin. “We’ve worked with companies to send our sniper rifles into video games. Which ones? Our license agreement prohibits us from mentioning a company by name. [However,] you are welcome to check out the Call of Duty series.”7 Vaughn also said that Barrett requires its licensing partners to purchase at least one of the company’s guns to use in the 3D modeling process. Similarly, McMillan, which makes another high-powered sniper rifle, and Magpul, which manufactures high-capacity magazines and other parts for modifying assault-style weapons, have partnered with video game titan Electronic Arts on one of the game maker’s more recent blockbusters, Medal of Honor: Warfighter. Magpul even made a video with EA, showcasing the collaboration between the two companies in developing and marketing both the guns and the game.8

Medal of Honor: Warfighter

Released by Electronic Arts in October 2012, Medal of Honor: Warfighter features a number of weapons that bear the brand name, model name and are designed in the exact likeness of real firearms. One such example is the McMillan Tac-300 boltaction sniper rifle. Electronic Arts made licensing arrangements with McMillan Group International for the use of the gun and the McMillan brand name in the most recent Medal of Honor release. The agreement included a marketing arrangement in which EA filmed a promotional video for the game, showing the real weapons being handled by men dressed like characters in the game. Similarly, Magpul, the manufacturer of a number of assault-style weapon accessories including extended magazine clips, partnered with EA on the Medal of Honor: Warfighter development, licensing the use of its products and name in the game, and also participating in the promotional photo and video shoot with McMillan and Electronic Arts. In May of this year, Electronic Arts announced that it would sever its licensing connections to all gun manufacturers, though the company claimed that it would continue to use the guns’ brand and model names, and their likeness in the games, citing First Amendment and fair-use laws in justification.

The Pursuit of Realness | 03

call of duty: Modern warfare

The Colt M1911, seen here, is featured in ActiVision Blizzard’s 2007 title, “Call of Duty 4: Modern Warfare.” The gun’s design in the game mirrors the real thing, right down to the branding on the side of the pistol, which is visible to players when reloading.

Grand Theft Auto iv

While such agreements clearly act as promotional vehicles for gun manufacturers, it is less clear what benefit the video game makers reap on their end.9 Sources in the video game industry report that they can achieve the realism of battlefield or street weapons without necessarily having to spell out the exact make and model. While licensing agreements, once signed, can ward off the risk of legal tussles with the gun industry, they can also be contentious and expensive to hammer out. Some companies avoid them altogether by making careful adjustments to the appearance of guns in games and to the names they are given. “We covered ourselves from a legal angle [by not using any] names or manufacturers. The general rule is that you can use the model delineation but you can’t use its proper name manufacturer name without prior permission,” an unnamed game developer formerly employed by Codemasters, the maker of the US Marinescentric first-person shooter Operation Flashpoint, told Eurogamer.net. “We were being so careful that we checked, doublechecked and in many cases triple-checked with legal that we could use the weapon model numbers.”10

The M590A1 is a weapon of choice in the Rockstar Games smash-hit Grand Theft Auto 4. The combatstyle shotgun is one of several branded weapons, designed to look and function exactly like the real thing, featured in the Grand Theft Auto series.


EA ENDS LICENSING DEALS Electronic Arts (NASDAQ:EA) is a publicly traded producer and publisher of video games. Founded in 1982 and based in Redwood City, California, the company has grown to the second-largest video game manufacturer in America (and third-largest worldwide), with revenues of $4.2 Billion in 2012.i The company is known for game franchises including Madden NFL, NBA Live, FIFA, Rock Band, SimCity and The Sims. EA also publishes first-person shooter games with more violent settings and plotlines including the Battlefield and Medal of Honor series. Medal of Honor was first created in 1999 by Steven Spielberg and Dreamworks Interactive.ii The game has evolved over more than a dozen installments and has been offered on a number of platforms. The more recent versions of the game have moved the storyline out ofWorld War II into the present day. In one of these latest versions of the game, Medal of Honor: Warfighter, Electronic Arts began to blur the line between publishing a violent video game and marketing weapons that fuel real-life gun violence. Around the game’s October 2012 launch, EA created a website featuring the manufacturers of the firearms, knives and combat-style equipment depicted and provided links to sites for visitors to purchase the real weapons.iii EA also created a video showcasing many of the products it has licensed from gun manufacturers including the McMillan Group, which makes a 50-caliber sniper rifle, and Magpul, which makes and sells high-capacity magazines and other accessories for assault weapons. The company faced a backlash and ultimately removed the links from the website after it discovered visitors could click through to partner websites. EA spokesperson Jeff Brown commented via email: “We felt it was inappropriate and took the links down.”iv The company said it received no money from the manufacturers,v but rather, used the promotion to raise money for charity. Following the negative response, Brown said: “We won’t do that again.”vi In May 2013, EA announced it would no longer enter into licensing deals with gun manufacturers. The company still plans to feature branded weapons in its games but will no longer pay licensing fees to manufacturers, citing fair use laws. ”A book doesn’t pay for saying the word ‘Colt’,” said EA’s President of Labels Frank Gibeau in an interview with Reuters. That theory is now being tested in the current court case between the company and Textron, Inc, the parent company of the maker of a helicopter depicted in EA’s “Battlefield” series.vIi


games and guns A number of popular video game titles feature depictions of real life firearms. Partnering with the manufacturer of the gun for licensing or product placement deals is a well-known practice in the industry, but few representatives are willing to discuss specific marketing relationships on record, often times because contracts legally prohibited them from doing so.

GAME TITLE

PRODUCER/ PUBLISHER

EXAMPLES OF GUNS USED IN GAME

RED ORCHESTRA 2: HEROES OF STALINGRAD

Tripwire Interactive

Karabiner 98 Kurz, Erfurter Maschinenfabrik MP40

HALF-LIFE 2

Valve Corporation

Colt Python .357 Magnum, Franchi SPAS-12, Heckler & Koch MP7

COUNTER-STRIKE

Valve Corporation

Beretta 92G Elite, Kahr Desert Eagle, Glock-18, Intratec Tec-9

PAYDAY: THE HEIST

Overkill Software

Mikhail Kalashnikov AK-47

CALL OF DUTY: BLACK OPS II

Treyarch (subsidiary of Activision Bilzzard)

Remington 870 MCS,Barrett M82, Fabrique Nationale Mk 48, Heckler & Koch M8A1,

CALL OF DUTY 4: MODERN WARFARE

Treyarch (subsidiary of Activision Bilzzard)

Colt M4 Carbine, Colt M16, Mikhail Kalashnikov AK-47, MP44, Colt M1911

GRAND THEFT AUTO IV

Take-Two Interactive Software

Beretta M9, Kahr Desert Eagle, Mossberg M590A1

BATTLEFIELD 2

Electronic Arts

Colt M4 Carbine, Colt M16, FN Herstal SCAR-L

MEDAL OF HONOR: WARFIGHTER

Electronic Arts

McMillan Tac-300, Colt M1911


The potential downside of negotiating with the gun industry was clearly illustrated when Electronic Arts butted heads with Bell Helicopter and its parent company Textron while it was still in development of its game Battlefield 3. EA was interested in a licensing agreement over a number of helicopter designs but negotiations broke down in December 2011. Shortly afterward, Textron sent EA a cease-anddesist letter demanding that designs for the AH-1Z Viper, the UH-1Y, and the V-22 Osprey be removed from the game. EA countered with a lawsuit, arguing that the First Amendment and fair use laws afford the company and its games sufficient protection to go ahead.11 “The Bell-manufactured helicopters depicted in Battlefield 3 are just a few of countless creative visual, audio, plot and programming elements that make up EA’s expressive work, a first-person military combat simulation,” EA said in its complaint.12 The U.S. District Court, Northern District of California has set a jury trial for June of this year to settle the matter.13

Half-Life 2

Valve’s Half-Life 2, an enormously popular firstperson shooter released in November 2004, features a Colt Python .357 Magnum. The game includes a number of guns that bear the same model and brand name, as well as an exact likeness, as the real guns manufactured by Colt and other gun makers.

Red Orchestra 2: Heroes of Stalingrad

The game Red Orchestra 2: Heroes of Stalingrad, released in September 2011, features the Karabiner 98 Kurz (abbreviated Kar98K) assault rifle, a German-developed World War II-era gun that is still used in the wars fought around the world.


video games and newtown ADAM LANZA AN AVID PLAYER OF ACTIVISION’S “CALL OF DUTY” The New York Times reported on March 28, 2013 that law enforcement officials “believed that Mr. Lanza had spent most of his time in the basement of the home, primarily playing a warfare video game, ‘Call of Duty’” and that witnesses “considered Mr. Lanza to be a ‘shut-in and an avid gamer who plays ‘Call of Duty,’ amongst other games.’”viii

LANZA SHOOTS AND KILLS 26 PEOPLE AT SANDY HOOK ELEMENTARY SCHOOL On December 14th, 2012, Adam Lanza shot and killed 20 elementary school students and six educators in Newtown, Connecticut, in one of the nation’s deadliest school shootings. In the hours after the tragedy, President Obama says “our hearts are broken,” and people across the country join together to show support for Newtown families.

LANZA USES GUN FEATURED IN “CALL OF DUTY” IN NEWTOWN SHOOTING Police reported that Lanza used a Bushmaster XM15-E2S to fire 154 shots. The semiautomatic rifle is manufactured by Bushmaster, which is part of the Freedom Group. Reuters reported that rifles made by Bushmaster have appeared in the Call of Duty series. The game features a “special thanks” to three other gun manufacturers, Colt, Barrett and Remington.ix


First-person shooter games have enjoyed success without licensing deals with firearms manufacturers and without branded weapons. Perhaps the best example is the Nintendo 64 game GoldenEye 007, a pioneer in the first-person shooter arena. Late in the production process, the game’s producer, Ken Lobb, instructed the game’s developers not to use genuine brand names. The game makers gave each of the weapons a fabricated nickname instead. The Walther PPK thus became the PP7; the Tokarev TT-33 Russian semi-automatic pistol became the DD44 Dostovei, named after David Doak, one of the game’s designers; and the Skorpion VZ/61 became the Klobb, named after Ken Lobb.14 GoldenEye 007 sold more than 8 million copies following its release in 1997, making it the third-highest selling game in Nintendo’s history.15 It is not clear that using the firearms’ real brand names would have improved those sales figures. Activision’s Call of Duty: Modern Warfare 3 has sold more than 26 million copies, but that may be due to the overall level of realism and violence and wide availability more than the branding. Call of Duty 3, released in 2006, scarcely topped 7 million units, spread across at least four gaming platforms.16 EA’s 2012 title, Medal of Honor: Warfighter, has moved a mere 2 million units.17

Goldeneye 007: profitable and responsible

Released in 1997 exclusively for the Nintendo 64 gaming system, “GoldenEye 007,” was a pioneer in first-person shooter game technology and was an enormously popular game by the benchmarks of its time. “GoldenEye 007” eventually sold more than 8 million copies worldwide, making it the third highest-selling game in Nintendo history. The makers of the game featured guns designed to look like the real thing, but ultimately decided during the development process that it would be best not to use the brand and model names of the guns being portrayed. Instead, game developers changed the names of the guns in the game. Though it was released fifteen years earlier, and on only a single gaming platform, the “GoldenEye 007” game sold 8.1 million copies worldwide.x That figure still stands up to popular games of more recent years, which have had the added advantage of being offered on multiple gaming platforms.

26.5M Units Sold

8.1M Units Sold

GoldenEye (1997)x Nintendo 64

7.15M Units Sold

Call of Duty 3 (2006) Xbox 360, Wii, Playstation 2/3

2M Units Sold

Call of Duty: Modern Warfare 3 (2011)xi Xbox 360, Wii, Playstation 3, DS

Medal of Honor: Warfighter (2012)xii Xbox 360, Wii, Playstation 3, PC


recommendations Video game companies have a responsibility – to their customers and the general public – with the games they produce and promote. Featuring real guns in their games may create a more realistic user-experience, but entering into financial relationships with gun manufacturers should not be part of the equation, because they only promote gun sales and cause more real-life violence. Major video game publishers should pledge to no longer enter into any financial, promotional or legal relationships with gun manufacturers. That means: • No future licensing arrangements where the company pays a gun manufacturer to feature their products in games • No future product placement deals where the company accepts payment for featuring specific firearms in video games or other related marketing Video game companies have a responsibility – to their customers and the general public – with the games they produce and promote. Featuring real guns in their games may create a more realistic user-experience, but entering into financial relationships with gun manufacturers should not be part of the equation, because they only promote the sale of real guns that can fuel real-life violence when in the wrong hands.

“The action games we will release this year will not include licensed images of weapons.” Jeff Brown, Electronic Arts Spokesperson


endnotes MAIN TEXT

iv. Ibid.

1.

Barry Meier and Andrew Martin, “Real and Virtual Firearms Nurture a Marketing Link,” The New York Times, December 24, 2012, accessed June 6, 2013, http://www.nytimes.com/2012/12/25/business/realand-virtual-firearms-nurture-marketing-link.html?_r=0.

v.

2.

Mark Lewis and David Jolly, “Norwegian Defends Shooting and Regrets Death Toll Wasn’t Higher,” The New York Times, April 19, 2012, accessed June 6, 2013, http://www.nytimes.com/2012/04/20/world/ europe/norwegian-says-attack-was-in-the-works-for-years.html?_r=0.

3.

N.R. Kleinfield, Ray Rivera and Serge Kovaleski, “Newtown Killer’s Obsessions, in Chilling Detail,” The New York Times, March 28, 2013, accessed June 6, 2013, http://www.nytimes.com/2013/03/29/ nyregion/search-warrants-reveal-items-seized-at-adam-lanzas-home. html?pagewanted=all.

Malathi Nayak, “Video game maker drops gun makers, not their guns,” Reuters, May 7, 2013, accessed June 6, 2013, http://www.reuters.com/ article/2013/05/07/us-videogames-guns-idUSBRE9460U720130507.

vi. Ibid. vii. Ibid. viii. N.R. Kleinfield, Ray Rivera and Serge Kovaleski, “Newtown Killer’s Obsessions, in Chilling Detail,” The New York Times, March 28, 2013, accessed June 6, 2013, http://www.nytimes.com/2013/03/29/ nyregion/search-warrants-reveal-items-seized-at-adam-lanzas-home. html?pagewanted=all. ix.


x.

“GoldenEye 007,” VGChartz.com, May 18, 2013, accessed June 6, 2013, http://www.vgchartz.com/game/877/ goldeneye-007/.

4.

William D’Angelo, “Call of Duty: A Sales History,” VGChartz.com, May 30, 2012, accessed June 6, 2013, http://www.vgchartz.com/ article/250163/call-of-duty-a-sales-history/.

5.


xi.

William D’Angelo, “Call of Duty: A Sales History,” VGChartz. com, May 30, 2012, accessed June 6, 2013, http://www. vgchartz.com/ article/250163/call-of-duty-a-sales-history/.

6.

Simon Parkin, “Shooters: How Video Games Fund Arms Manufacturers,” EuroGamer.net, January 31, 2013, accessed June 6, 2013, http://www.eurogamer.net/articles/2013-02-01-shooters-howvideo-games-fund-arms-manufacturers.

xii.

Mike Wehner, “Medal of Honor Warfighter Sales Continue to Disappoint,” The Escapist, November 9, 2012, accessed June 6, 2013, http://www.escapistmagazine.com/news/view/120577-Medal-ofHonor-Warfighter-Sales-Continue-to-Disappoint.

7.

Ibid.

8.

Barry Meier and Andrew Martin, “Real and Virtual Firearms Nurture a Marketing Link,” The New York Times, December 24, 2012, accessed June 6, 2013, http://www.nytimes.com/2012/12/25/business/realand-virtual-firearms-nurture-marketing-link.html?_r=0.

9.

Simon Parkin, “Shooters: How Video Games Fund Arms Manufacturers,” EuroGamer.net, January 31, 2013, accessed June 6, 2013, http://www.eurogamer.net/articles/2013-02-01-shooters-howvideo-games-fund-arms-manufacturers.

10. Ibid.

VIDEO GAME SIDEBARS Medal of Honor Warfighter Text: Barry Meier and Andrew Martin, “Real and Virtual Firearms Nurture a Marketing Link,” The New York Times, December 24, 2012, accessed June 6, 2013, http://www.nytimes.com/2012/12/25/business/real-and-virtualfirearms-nurture-marketing-link.html?_r=0. Image: http://mygaming.co.za/news/news/39221-medal-of-honorwarfighter-pre-order-bonuses-limited-edition-revealed.html

11. Chris Morris, “EA sued for helicopter imagery in ‘Battlefield 3’,” January 9, 2012, accessed June 6, 2013, http://games.yahoo.com/blogs/ plugged-in/ea-sued-helicopter-imagery-battlefield-3-215407944.html.

Call of Duty: Modern Warfare

12. Ibid.

Image: http://letterstotheeditorblog.dallasnews.com/files/2013/01/ AX070_5216_9.jpg

13. Ibid. 14. Ibid. 15. “GoldenEye 007,” VGChartz.com, May 18, 2013, accessed June 6, 2013, http://www.vgchartz.com/game/877/goldeneye-007/. 16. William D’Angelo, “Call of Duty: A Sales History,” VGChartz.com, May 30, 2012, accessed June 6, 2013, http://www.vgchartz.com/ article/250163/call-of-duty-a-sales-history/. 17. Mike Wehner, “Medal of Honor Warfighter Sales Continue to Disappoint,” The Escapist, November 9, 2012, accessed June 6, 2013, http://www.escapistmagazine.com/news/view/120577-Medal-ofHonor-Warfighter-Sales-Continue-to-Disappoint.

Text: “Call of Duty: M8A1,” callofduty.wikia.com, undated, accessed June 6, 2013, http://callofduty.wikia.com/wiki/M8A1.

Grand Theft Auto IV Text: “GTA 5 Weapons,” igtav.com, May 24, 2013, accessed June 6, 2013, http://www.igta5.com/weapons. Image: http://www.gtagaming.com/images/mods/1342482462_3.jpg Half-Life 2 Text: “Half-Life Wiki: Colt Python,” half-life.wikia.com, undated, accessed June 6, 2013, http://half-life.wikia.com/wiki/Colt_Python. Image: http://smod.wdfiles.com/local--files/weapon:357/wpn_pic02_c. jpg

SIDEBARS AND CASE STUDIES

Red Orchestra 2: Heroes of Stalingrad

i.

“Gaming Company Top 25,” Software Top 100, accessed June 6, 2013, http://www.softwaretop100.org/gaming-company-top-25

ii.

Colin Campbell, “How Stephen Spielberg Inspired Today’s Top Shooters,” IGN.com, accessed June 6, 2013, http://www.ign.com/ articles/2012/05/30/how-steven-spielberg-inspired-todays-topshooters

Text: “Red Orchestra 2: Heroes of Stalingrad Walkthrough,” gamefront. com, September 8, 2011, accessed June 6, 2013, http://www.gamefront. com/red-orchestra-2-heroes-of-stalingrad-walkthrough/.

iii.

Image: http://oyster.ignimgs.com/ve3d/ images/06/89/68943_RedOrchestraHeroesOfStalingradExclusiveVoodooExtremeScreenshot-02_normal.jpg

Barry Meier and Andrew Martin, “Real and Virtual Firearms Nurture a Marketing Link,” The New York Times, December 24, 2012, accessed June 6, 2013, http://www.nytimes.com/2012/12/25/business/realand-virtual-firearms-nurture-marketing-link.html?_r=0

endnotes | 11