I don't have a particularly good definition of art myself, apart from the good old Potter Stewart standby of "I know it when I see it." (He was talking about pornography, but that's basically the same thing. Isn't it?) So I don't know that I can say that video games are art, because I don't know that I have a good understanding of what art is - not because I don't believe that video games can be art. But I think that Ebert's reasons for his particular definition of what was and was not art were flawed.
BTW, in Miller vs. California (1973), SCOTUS created a very important test that relates greatly to this!
Potter was not trying to define pornography - he was trying to define obscenity - since the issue was really not figuring out what is pornography (which is more or less legal in the U.S.), but rather what is obscene pornography (which, due to its obscenity, should not be protected by the 1st amendment).
So here's the test. One thing that makes something obscene is,
3) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
BTW, most people would say erotica is art, porn is not-art, but what Miller was really trying to establish was what was obscene and not-obscene.
In the end, erotica or porn (and I think it's an interesting discussion where one begins and ends), is obscene, if it 1) appeals to the prurient interest, 2) goes against community standards (whose are those, exactly?), and there's the third test, lacks those values described above. That could result in something being obscene, and possibly lacking 1st amendment protections. (That doesn't mean Miller says it MUST be banned, just that it COULD be banned.)
BTW, my personal position is just because a medium, textual or visual, still or moving, with or without accompanying audio, depicts nudity and/or even yes, sexual activity, real or simulated, that does not make that content either obscene or pornographic (in essentiality).





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