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Granny Cohen’s GTA Class Action Suit Against Take-Two to Proceed

Categories: Class Action CasesSexuality Cases

In July of last year a concerned 81 year old grand-mother, Florence Cohen, filed a class action lawsuit against Take-Two for false, misleading and deceptive practices with regard to the hidden ‘Hot Coffee’ sex scenes hidden within the popular video game Grand Theft Auto: San Andreas. She had purchased the game for her 14-year-old grandson. A Manhattan federal judge has now denied a Take-Two motion to dismiss this, and four similar suits, which Cohen’s lawyers are consolidating into one. Take-Two and its subsidiary, Rockstar Games Inc., had argued that the plaintiffs could only file claims in the states where they resided, not all 50 states. In denying the motion District Judge Shirley Wohl Kram wrote:

“If class certification is granted, the court will have the benefit of a well-defined class and a more fully developed treatment of potential choice of law questions,”

Sources: Gamasutra | GameDaily.biz | GamePolitcs.com | TheState.com | Reuters | IGN.com | ars technica | GameSpot | New York Daily News | New York Post | ZDNet | Fox News (AP)

Cohen Class Action Suit:

Stanhouse Class Action Suit:

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Hot Coffee’s Effects on the Mod Scene

Categories: Featured ArticlesGame RatingsModding CasesSexuality Cases

This Gamasutra feature article is a very interesting article on the Effects of ‘Hot Coffee’ on the game modding scene. Mods can inprove and extend the life of video games but since Hot Coffee, there is a keen awareness of the liability that game modding can expose developers and publishers to.

Sources: Gamasutra

‘Hot Coffee’ Related Posts:

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Take-Two Receives Subpoenas Over Hot Coffee

Categories: Sexuality Cases

Take-Two received grand jury subpoenas issued by the District Attorney of the County of New York requesting production of documents, relating to: the knowledge of the Company’s officers and directors regarding the creation, inclusion and programming of hidden sex scenes (commonly referred to as “hot coffee”) in Grand Theft Auto: San Andreas. The Manhattan District Attorney’s Office appears to be exploring the possibility of criminal charges against Take-Two or some of its employees.

Sources: GameSpot | ars technica | Team Xbox | Gamasutra | GameDaily.biz | GameIndustry.biz | GamePolitics.com | The Register | Red Herring | joystiq | Business Week | New York Times | Law.com (AP) | Times Online | Fox News | MSNBC | Forbes

New York Investigation:

LA Civil Suit:

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Take-Two/Rockstar Settle with FTC over Hot Coffee Mod

Categories: Game RatingsInvestigationsSettlementsSexuality Cases

Text of Consent Agreement
Under a consent agreement, accepted by the FTC in a 5-0 vote, Take-Two and Rockstar Games will be subject to civil penalties of up to $11,000 per violation if they violate their agreement to: (i) “clearly and prominently disclose on product packaging and in any promotion or advertisement for electronic games, content relevant to the rating, unless that content had been disclosed sufficiently in prior submissions to the rating authority”; (ii) not misrepresent the rating or content descriptors for an electronic game; and (iii) “establish, implement, and maintain a comprehensive system reasonably designed to ensure that all content in an electronic game is considered and reviewed in preparing submissions to a rating authority.”

Sources: FTC Press Release | Gamasutra | ars technica | joystiq | GameSpot | Next Generation | GameDaily.biz | GamePolitics.com | ars technica | 1Up.com | CNet | San Jose Mercury News | TheStreet.com | CNN

New York Investigation:

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Minnesota Video Game Bill Signed Into Law – ESA to Fight It

Categories: Violent Game Law CasesViolent Game Laws

Minnesota’s new video game law provides a twist, in that it fines those under 17, $25 for purchasing or renting Mature and Adults Only rated games. Unlike laws from other States that failed to pass Constitutional-muster, it doesn’t punish retailers for selling or renting to minors, but it does require retailers to post a sign notifying customers of the fine. The law goes into effect on August 1, 2006. As usual, the ink wasn’t dry before the ESA vowed to fight it.

Sources: Gamasutra | GameSpot | Next Generation | GamePolitics.com | GameSpy | GameDaily.biz | Joystiq | 1Up.com | Team Xbox
ESA to Fight: Gamasutra | Next Generation | GamePolitics.com | GameDaily.biz | GameIndustry.biz

Text of Bill:

S.F. No. 785, 2nd Engrossment – 84th Legislative Session (2005-2006) Posted on May 22, 2006

A bill for an act relating to crime prevention; prohibiting children under the age of 17 from renting or purchasing certain video games; providing penalties; proposing coding for new law in Minnesota Statutes, chapter 325I.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:Section 1. RESTRICTED VIDEO GAMES; PROHIBITIONS.

Subd. 1. Definition. As used in this section, “restricted video game” means a video game rated AO or M by the Entertainment Software Rating Board.

Subd. 2.Prohibited acts; penalty. A person under the age of 17 may not knowingly rent or purchase a restricted video game. A person who violates this subdivision is subject to a civil penalty of not more than $25.

Subd. 3. Posted sign required. A person or entity engaged in the retail business of selling or renting video games from a location or structure with access to the public shall post a sign in a location that is clearly visible to consumers. The sign must display the following language in 30-point font or larger: “A person under the age of 17 is prohibited from renting or purchasing a video game rated AO or M. Violators may be subject to a $25 penalty.”

EFFECTIVE DATE. This section is effective August 1, 2006, and applies to violations committed on or after that date.

Dale’s Comment: Imagine a police officer writing-up a ticket to a 13-year-old violator? “May I see your library card and hall-pass please?” Or better yet, an eight-year-old in night court challenging the fine!? Please Mr. Judge, I thought the video game “Hot Coffee” was a beverage preparation tutorial. How would a child go about paying the fine, with their credit card or check book? Perhaps the police will garnish their allowance for the next 6 months. ;)

GamePolitics Full Coverage Of Minnesota’s Violent Video Game Law

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ESRB Re-rates Oblivion to Mature Following 3rd Party Mods

Categories: Agency/Board ActionsGame RatingsSexuality Cases

The Entertainment Software Rating Board (ESRB) has changed the rating assigned to the PC version of Bethesda Softwork’s blockbuster video game Elder Scrolls IV: Oblivion from T (Teen 13+) to M (Mature 17+), following the revelation of a topless game skin contained within modded versions of the game. The un-moddable Xbox 360 version of the game has also been re-rated to M ostensibly due to “Blood and Gore, Language, Sexual Themes, Use of Alcohol, Violence”. While critical of the decision, Bethesda has chosen not to challenge the ruling.

Sources: Gamasutra | GameSpot | Next Generation | GameDaily.biz | GameIndustry.biz | 1Up.com | GameSpy | Washington Post | Reuters | San Jose Mercury News | The Inquirer | Joystiq | GamePolitics

Bethesda’s Response: Bethesda Press Release | Gamasutra | GameSpot | Next Generation | Team Xbox | GamePolitics

ESRB’s Response to Industry Criticism:GameDaily.biz

Dale’s Comment: Based on the facts as I understand them, this is regrettable. It is unclear why Bethesda should suffer as a result of third-party mods added into their game without their control. This ruling has the effect of requiring developers to make their games tamper-proof in order to avoid retroactive ratings changes based on the malicious behavior of others. This is very different from last year’s GTA Hot Coffee controversy where, despite early denials, it was later determined that Rockstar had, indeed, embedded unlockable sex scenes within the source code of the game. As far as we understand from Bethesda so far, this is not the case here. But, given the heat the ESRB took last year for its failure to quickly respond, I can somewhat understand this “shoot first, ask questions later” approach, as unfair as it may be to Bethesda.

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Take-Two Filing Reveals Multiple Lawsuits

Categories: Game Violence CasesSexuality Cases

Take-Two and Rockstar are facing a large number of legal proceedings revolving around the Grand Theft Auto franchise, with multiple lawsuits pending from, amongst others, the city attorney of Los Angeles, the family of police officers killed by a man allegedly influenced by the game and class action complaints in New York, Pennsylvania and Illinois.

Sources: GamaSutra | GameSpot | Next Generation | GameDaily | GameIndustry.biz

New York Investigation:

LA Civil Suit:

FTC Investigation Related Posts:

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Cohen Class Action Suit:

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Yet another Take-Two/GTA Lawsuit

Categories: Sexuality Cases

Text of Complaint
Los Angeles City Attorney Rocky Delgadillo sued the makers of “Grand Theft Auto: San Andreas” Thursday, claiming they violated state law by embedding ‘Hot Coffee’ sex scenes into the video game.

Sources: NBC 4 | Gamasutra | Next Generation | GameDaily | GameIndustry.biz | Good Morning Silicon Valley | GamePolitics | Reuters UK | Forbes | IGN | MTV.com | Inquirer | San Jose Mercury News | L.A. Times | San Francisco Chronicle | 1Up.com | ABC News

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Stanhouse GTA San Andreas Class-Action Suit Moved to Federal Court

Categories: Class Action CasesSexuality Cases

The most recent class action filed in St. Clair County over a controversial rating on a video game has been removed to federal court under the Class Action Fairness Act.”

Source: St. Clair Record

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Another GTA San Andreas Class Action Suit Filed (Stanhouse)

Categories: Class Action CasesSexuality Cases

Claiming her teen-age children were exposed to sexually explicit content in a popular video game, a concerned mother, Brenda Stanhouse, filed a class action lawsuit in St. Clair County Court against the promoters of “Grand Theft Auto: San Andreas (GTA).”

Sources: St. Clair Record | GamePolitics.com | Lunabean

New York Investigation:

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ESRB Demands U.S. Game Publisher Audits For Hidden Game Content

Categories: Agency/Board ActionsGame RatingsSexuality Cases

In the wake of the hot-coffee controversy, the Entertainment Software Rating Board is demanding that US publishers complete a comprehensive audit of all titles released over the past year in a bid to crack down on hidden in-game content.

Sources: Gamasutra | GameIndustry.biz | The Register | Ferrago

New York Investigation:

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Hot Coffee Spills into Australia as GTA:San Andreas is Banned

Categories: Game BansSexuality Cases

Rockstar’s Grand Theft Auto San Andreas has been pulled from shelves in Australia after the increasingly censorious Office of Film and Literature Classification withdrew its rating in the wake of the Hot Coffee scandal.

Source: GameIndustry.biz | Gamasutra

New York Investigation:

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Outraged Granny Sues over Grand Theft Auto (Cohen)

Categories: Class Action CasesSexuality Cases

Text of Cohen’s Class Action Complaint
In another hot coffee, motivated case, a litigious 81-year-old New York grandmother files suit against the game’s manufacturer for engaging in “false, misleading and deceptive practices”

Sources: The Register | Gamasutra | GameSpot | New York Daily News | GamePolitics.com

New York Investigation:

LA Civil Suit:

FTC Investigation Related Posts:

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‘Hot Coffee’ FTC Inquiry Given Go Ahead

Categories: Game RatingsInvestigationsSexuality Cases

The U.S. House of Representatives has voted 355 to 21 to support a Federal Trade Commission (FTC) inquiry into Take-Two Interactive/Rockstar Games, with the intention of discovering whether the company and its subsidiary attempted to deceive the Entertainment Software Ratings Board (ESRB) over the sexual content of Grand Theft Auto: San Andreas to avoid an ‘Adults Only’ rating.

Sources: Gamasutra | GameIndustry.biz | The Register | 1Up.com | MSNBC | Gamespot | Yahoo! Games

New York Investigation:

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GTA San Andreas Rerated AO, Take-Two Suspends Production

Categories: Game RatingsInvestigationsSexuality Cases

In the wake of the ‘hot coffee’ controversy, the ESRB slaps dreaded rating on controversial best seller. Take-Two lowers guidance; Wal-Mart, Best Buy, and Target pull game from shelves.

Sources: Gamespot | Gamasutra | CNN Money | Gamespot | PC Magazine | Joystiq | IGN.com | Forbes

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Confirmed: ‘Hot Coffee’ Sex minigame in PS2 GTA: San Andreas

Categories: Game RatingsInvestigationsSexuality Cases

Cheat unlocks preexisting code in controversy-rocked Grand Theft Auto game, undermining Rockstar Games’ claims of hacker mischief.

Source: Gamespot

New York Investigation:

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