You don't suppose most video games can be protected legally if they just put a "Captain Obvious" disclaimer on it? Like "This game contains scenes of fatal risk and danger. Do not try to attempt the actions portrayed in this game in real life".
Now whenever violent video games are threatened with an unfair legislation of lawsuit, the game companies can just go "No ****ing way" and point to that disclaimer. This is different from ESRB warnings because those just advise people about the content in the game. The disclaimer idea is about advising people on [I]how to take in[/I] that content.
I'm taking this idea seriously because many other industries are practicing it to prevent product recalls or lawsuits against their products. It's why car commercials have "Professional driver, closed course" so that some idiot cannot win by saying "I was going 80mph downhill on my Jeep and thought the airbag would be enough to protect me". Or why the Clorox Bleach tells you on the label not to drink it.