Video Software Dealers Association et al v. Schwarzenegger et al

Filing 83

Video Software Dealers Association et al v. Schwarzenegger et al

Doc. 83

Case 5:05-cv-04188-RMW

Document 83

Filed 04/19/2006

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GOODIN, MACBRIDE, SQUERI, RITCHIE & DAY, LLP ROBERT A. GOODIN, State Bar No. 061302 FRANCINE T. RADFORD, State Bar No. 168269 505 Sansome Street, Suite 900 San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] PILLSBURY WINTHROP SHAW PITTMAN LLP THOMAS V. LORAN III, State Bar No. 95255 JOANNE H. KIM, State Bar No. 221525 50 Fremont Street Post Office Box 7880 San Francisco, CA 94120-7880 Telephone: [phone] Facsimile: [phone] Attorneys for Amicus Curiae Common Sense Media UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION VIDEO SOFTWARE DEALERS and ENTERTAINMENT SOFTWARE ASSOCIATION, Plaintiffs, v. ARNOLD SCHWARZENEGGER, in his official capacity as Governor of the State of California; BILL LOCKYER, in his official capacity as Attorney General of the State of California; GEORGE KENNEDY, in his official capacity as Santa Clara County District Attorney; RICHARD DOYLE, in his official capacity as City Attorney for the City of San Jose, and ANN MILLER RAVEL, in her official capacity as County Counsel for the County of Santa Clara. Defendants. Date: May 12, 2006 Time: 9:00 a.m. Courtroom: 6 Before the Honorable Ronald M. Whyte No. C 05 4188 RMW RS DECLARATION OF UTE RITTERFELD

Case No. C 05 4188 RMW RS DECLARATION OF UTE RITTERFELD
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Case 5:05-cv-04188-RMW

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I, Ute Ritterfeld, declare: 1. I received a doctorate in psychology from the University of Magdeburg in

Germany in 2004. I am currently Research Associate Professor at the Annenberg School for Communication at the University of Southern California in Los Angeles, California. I am part of a team that received a $263,000 grant in 2003 from the Annenberg Endowment to study computer games and part of a team that received $100,000 from the Sunnylands Trust to establish the Annenberg Institute for Youth and Media, and I received a $17,000 grant in 2005 from the Annenberg Endowment to study computer games. A true and correct copy of my curriculum vitae is attached hereto as Exhibit A. I make this declaration in opposition to plaintiffs' motion for summary judgment. I know the following facts of my own knowledge, and if called as a witness, could testify competently thereto. 2. Together with two other researchers, I published an article in the January

2006 issue of the journal Media Psychology entitled Does Playing Violent Video Games Induce Aggression? Empirical Evidence of a Functional Magnetic Resonance Imaging Study (Weber, R.; Ritterfeld, U., and Mathiak, K.). 3. The article's abstract is as follows: "This study aims to advance the media

effects debate concerning violent video games. Meta-analytic reviews reveal a small but noticeable association between playing violent video games and aggressive reactions. However, evidence for causal associations is still rare. In a novel, event-related functional magnetic resonance imaging study, 13 male research participants were observed playing a latest-generation violent video game. Each participant's game play was recorded and content analyzed on a frameby-frame basis. Onscreen activities were coded as either "passive/dead, no interactions"; "active/safe, non imminent danger occurs, violent interaction expected"; "active/under attack, some violent interaction"; and "active/fighting and killing, many violent interactions." Previous studies in neuroscience on aggressive thoughts and behaviors suggested that virtual violence would suppress affective areas of the anterior cingulated cortex (ACC) and the amygdala subsequent to activity variations at cognitive areas of the ACC. Comparison of game play Case No. C 05 4188 RMW RS DECLARATION OF UTE RITTERFELD

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activities with and without virtual violence in 11 participants confirmed the hypothesis. The rather large observed effects can be considered as caused by virtual violence. We discuss the applicability of neuroscience methodology in media effects studies, with a special emphasis on the assumption of virtuality prevalent in video game play." 4. In laymen's terms, the article is summarized in paragraphs 5 through 8

6 below. 7 8 9 10 11 12 13 14 15 6. 16 controlling for arousal, there was little room for confounding variables to have impacted the 17 results. The observed effects reflect brain activity in the moment of the game play. 18 19 20 21 22 8. 23 that the foregoing is true and correct. Executed on April 18, 2006 at Los Angeles, California. 24 25 26 27 28
3234/001/X77116.v1

5.

This study used an advanced methodology that likely demonstrates a causal

relationship between playing violent video games and brain activity during the game play associated with aggression. Participants were put into a functional magnetic resonance imaging (fMRI) scanner where they played the first person shooter game "Tactical Ops: Assault on Terror." When the players engaged in violent actions on the screen, they exhibited changes in brain patterns associated with aggression. When their actions on screen were neutral or nonviolent, these changes in brain patterns associated with aggression did not present themselves. Because the data pit real time brain activity against game play and

7.

Given the high cost of gathering fMRI data, and the ethical concerns of

conducting such a study on minors, there were only 13 participants in the study, and their average age was around 23. I declare under penalty of perjury under the laws of the State of California

Ute Ritterfeld

Case No. C 05 4188 RMW RS 2. DECLARATION OF UTE RITTERFELD