Take Two Settles Hot Coffee Class-action Suit

November 9, 2007
Attorney fees, FTW...

As reported by CNN/Money and other outlets, Take Two Interactive has settled a class-action lawsuit arising out of the 2005 Hot Coffee scandal.

As GamePolitics reported back when the suit was filed, the original plaintiff was Florence Cohen, an 85-year-old grandmother who didn't mind buying the M-rated GTA San Andreas for her 14-year-old grandson - until the infamous hidden sex scenes were revealed.

According to the terms of the settlement, consumers who were scarred by the game can trade the Hot Coffee version of GTA San Andreas in for the no-sex edition. Or, those who are really troubled - and who saved their receipts - may qualify for a cash payment of as much as $35. The amount of the pay-out to individual consumers is apparently dependent upon the number of people who apply.

Take-Two has set aside more than a million bucks for the case, but that could rise to as much as $2.75 million.

Here's the Take Two press release describing the settlement. Read the original complaint...

Comments

That's awesome.. so many people jumping on a bandwagon to riches and 15 minutes of fame.. only to receive a revamped copy of a game they never wanted to begin with.

That's justice.

jack thompson, attorney Says:

"I have a pre-July 2005 copy. Maybe Strauss Zelnick will autograph it for me."


He might well do. Would probably go something like, "For Jack, Thanks for buying our games and funding us. Many thanks, Strauss".

Props to GP for doing what I've been hoping he would do for some time now - nix the superfluous posts by JT that are completely unrelated to the topic at hand. This website is not your personal soapbox.

And as for the topic at hand: It's crappy that they settled, I think, and I agree that at some point the industry should take a stand against issues arising from user-created content or user-done edits. But given the current political climate towards games (ungood) and towards T2 in specific (doubleplus-ungood) and the fact that the settlement amount isn't going to break their back, I can understand the desire to do so.

Well if you can get you're original $35 back you're doing well as the game retails for about $5 on eBay.

I'd say let the grandmother have her $35.

Then immediately arrest her on child abuse charges for buying the game for a 14 year old child with what it was KNOWN to be.

Hot Coffee, even it was all that easily accessible, didn't make the game that much worse.

@Erik

That article that Jack posted mentioned training on Doom.

The sad part is it's not even an article. It's a press release hyping a "non-violent" game company. Basically it's pulling the "I think violent games are teh evil, buy my starfish game instead. Oh yeah, I used to be an insider, so totally trust me."
-- If your wiimote goes snicker-snack, check your wrist-strap...

Heh, if Dennis really was a censor in chief, then why is Jack being able to post at all here (I would've kicked him and IP banned him 2000 times over already)

Lmao yea Dennis should be getting something for dealing with Jacky Boy...Then a little more for that disturbing mancrush that jack has on dennis

They settled typical.... I thought they would. That what i would have done. It would have cost them to much to lose... They did the right thing.

That could be costly. Still, sales of GTA4 should balance the books!

Darn. Too bad I never liked GTA and never bought SA. ;)

I think this class action was total BS. What are the chances that the kid ever actually found the scene? Slim to none. She just saw it on the news, didn't understand the nature of it and over reacted. Sounds familiar doesn't it?

@E.ZK

San Andreas was the best one!

Zachary,
Interestingly enough, nobody seemed to point out that it took illegal alteration by software to make the scenes available. So, now while these folks are "winning" civil suits, they should be charged with hacking the software to make the scenes available in the first place.

Much like the Manhunt 2 situation.

After all, if all these folks think T2/Rockstar should be responsible legally for having the scenes in the software, then THEY should take responsibility for committing the crime of hacking the software (whether they wrote the hack or not, they would have had to USE it) to make the scenes available. After all, the user who DOESN'T hack the software is NEVER exposed to the scenes. ONLY those who hack are.

If you don't hack it, you shouldn't have a suit.
If you do hack it, you might have a suit, as well as criminal charges against YOU.

So there!

Nightwng2000
NW2K Software
Nightwng2000 NW2K Software http://www.facebook.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl

Where's the story I sent you, Dennis, about the video game industry whistleblower who has now come forward? Where' s the story, our great Censor in Chief?

GP: The one you spammed through the comments of seven different articles? Deleted, as I've already advised you. The take-away is, "don't spam the comments"  I'd already seen - and passed on - that piece before you sent it. You are welcome, as always, to start your own blog where you can make those difficult editorial decisions.

 

M rating equals 17 years and up, why did she buy a 17 years and up game for a 14 year old? Isn't she from the so called "greatest generation" that preaches personal reasonability?

I have a pre-July 2005 copy. Maybe Strauss Zelnick will autograph it for me.

Should I ever commit a major felony, I will be wearing that shirt when they catch me.

BlackIce,
Overall, it was good. But, in the last couple of the series, the inclusion of the bicycle/motorcycle was unpleasant and frustrating.

Trying to use the bicycle reminded me of the unpleasantness of "Track & Field" and other like it that required thumb breaking repetitive button mashing at high speed. I absolutely HATE that.

Nightwng2000
NW2K Software
Nightwng2000 NW2K Software http://www.facebook.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl

@CyberSkull

If I ever go on a rampage, i'll shoot 10 and run like hell before they can even read thev letters.

I don't have an objection to her BUYING the game for her grandson, as long as she informed herself.

But to complain later without getting the proper information, that to me is where she failed.

Nightwng2000
NW2K Software
Nightwng2000 NW2K Software http://www.facebook.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl

Should I ever commit a crime like that...
It won't be on the XBox 360 version of the game 'cuz I won't get the Acheivements if I use the cheats like invincibility. :(

Nightwng2000
NW2K Software
Nightwng2000 NW2K Software http://www.facebook.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl

Sense when is hacking something you own illegal?

Merc25,
Ask EULA. She'll tell ya.

And just because you own it, doesn't mean you can do whatever you want to it. Ask RIAA and the ESA, not to mention Homeland Security. :/

Nightwng2000
NW2K Software
Nightwng2000 NW2K Software http://www.facebook.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl

Merc25, since the DMCA.

Just so you gamers understand: Dennis McCauley is sitting on a story about a video game industry insider who is now blowing the whistle on the industry's illicit marketing and sale of mature games to kids.

I thought this was a "news" site about the video game industry? This is the biggest story to hit that industry in five years. Nice going, Dennis. What a tool.

GP: Big, huge story - Not. Feel free to read it. To me it's more like a press release for the guy's new film project.  Some coverup...

INTERESTING: This "video game industry veteran" John Douglas, does NOT come up on a Moby Games search of design/developer credits...

MORE INTERESTING: Ol' John Bruce has already added this huge whistleblower story to the docket in his lawsuit against the Florida bar. Relevance? Unclear, but that's never stopped him before.

Cool shirt. I want one.

"Where’s the story I sent you, Dennis, about the video game industry whistleblower who has now come forward? Where’ s the story, our great Censor in Chief?"

You already told all of us in the comment section of several articles, Mr. Thompson, in which we talked back to you about it.

As polite, grown-up people, we listen to what you have to say. How about you do the same?

Not every move you make is worthy of a news story, Mr. Thompson.

@ Jackass, Massacre Chaser

"Where’s the story I sent you, Dennis, about the video game industry whistleblower who has now come forward? Where’ s the story, our great Censor in Chief?"

Reaching for the bottom of the barrel, Jack?

Eh. Glad it's over with. Let's move on to Bully... er I mean Manhunt 2.... er I mean...

It's refreshing to see a professional legal document made by a real lawyer, with real arguments that invoke actual laws, as opposed to rants about kids today and quotes from Animal House.

Only in the U.S. can idiots sue for their own stupidity and win. Just like this senile old bag of a grandmother who was obviously blind to NOT notice the M rating on the case.

@ Jack Thompson

Have you ever played it?

I believe the ESA should take a stand or this will become standard practice.

If you hack a game and then sue the company, the ESA should come after YOU! The music companies are not suing the individuals for illegal downloading, RIAA is as their representative. If these scums know the representative of the gaming companies will be coming after them for doing something illegal, they may think twice about signing up for those freebie class action lawsuits where the lawyers collect most of the money.

I'm surprised no one has gone after God of War, Conan, The Sims, Elder Scrolls, etc...It's free money folks, buy a game, download a hack from the internet, claim mental and emotional anguish, and viola, you get millions of dollars!

ESA take a fucking stand!

Humor me. I have no idea what whistle blower story John Bruce is talking about. Is he refering to the one where he tells the senator to return Zelnick's money?

Heh, the funny thing is that because of Jack, this payout will be a paltry sum, balanced out due to all of the copies of Manhunt 2 that will sell because of the controversy he helped inflate.

Sure, it probably won't sell anything like GTA, but definitely more than if JT had just left it alone.

Well, it certainly doesn't even come close to $600 million! ;)

I stopped reading that article from Jack as soon as I read the words "Christian Values"

@EZK

Its some obscure article about Some guy who apparently took a hard line about anything bad in video-games affefting kids.

When no-one banned his games outright he got annoyed and is now in a huff and has left the industry to make animated movies. The whole article is more or less a press ad for his company and his cartoons

Not worth the time, effort or brainspace to read. He's certianly not a whistle blower or anything remotely special.

Jack,

That "news" story is nothing more than a promotional piece for a guy's movie. No scientific evidence to back it up, just opinion.

Now, if you don't mind, the adults are trying to have a conversation here.

(And I agree with Dennis...get your own damn blog, already.)

@JT:

That article isn't about video games. It's not the focal point of the story. It's about a guy who wants to make 'wholesome' entertainment for kids, via video.

I can see why you'd want to live vicariously through him. I mean, look - he's actually trying to make a difference, rather than being a total waste of life.

As far as this settlement goes, I'm wondering how many people are actually going to take advantage of this offer. Once again, the lawyers get to pocket the fees and run off to their mansions to beat their servants while the Little Guy gets left with an exchanged copy or some coupons.

Class Action Suits have gotten out of control.

Whistleblower?

ROFLMAO!

What does it actually come down to if you ignore all the inflammatory misinformation and deceit?

"I got tired of the Action/Horror genre and decided to work on General Audience type stuff."

That's not "whistleblowing". That's a change in genre interests.

Since when was every Human being expected to like every single genre of every single media format?

Twit.

Nightwng2000
NW2K Software
Nightwng2000 NW2K Software http://www.facebook.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl

@DogWelder: They have, though in this case I'm not overly grumpy with the process because the consumers that bought the game don't really deserve that much more. The number of people that desired GTA:SA but would no longer desire it upon the Hot Coffee revelation is pretty small, I figure, and most of the people that take T2 up on the settlement are probably just people who finished the game, don't want to play it anymore, and want to sell it back - $35 for a used game that's several years old is good money.
Also, did you take your screen name from the somewhat obscure superhero? Or is there another reasonable origin of the name 'dog welder'?

@Jack
That's not a big story - hell that's pretty much a non-story. This man, like you, has no background in mental health studies, psychology, or anything of the sort. His background is in law enforcement, and in playing and writing about video games. Your background in in law and in failure.
This man could be considered an expert at violent video games - this is not the same as an expert on video game violence and it's psychological effects. That last expertise is not something that either of you can claim, as neither of you have any background in that area.

Thanks for the info everyone. Thanks for the link Dennis.

@ John Bruce

Hardly a whistle blower. More of a concerned citizen who exercised his right to petition.

Good lck to John Douglas on his movie business.

***Now back to the topic at hand:

I still can't believe this made it to class action status. No one who was not seeking that content out would never have found it. You actually had to look for it and expend extra energy outside the game to find it.

This is akin to me breaking up an action figure with a hammer and then swallowing one of the peices and then sueing the toy company when I choked on the piece.

@Jack
So when Dennis decides not to post about something you submit, he's the Censor in Chief, but when you want to block content from games, you're not really censoring, just thinking of the children?
You can't have it both ways, Jack.

you know Jack, if we had a nickel every time you did something so INCREDIBLY stupid it makes us question how you even became a lawyer in the first place, and who in their right mind keeps passing you on your psyche-evals despite everything you've done, we'd probably have enough to make our OWN violent video game with hidden sex scenes.

Saying that you don't like a specific genre is NOT reason to call it whistleblowing.

On a more related note, if Hot Coffee even porn? 2 video game characters doin' it on screen, it's nowhere NEAR the stuff you can find on 4Chan. Hey Jack, why don't you go protest 4Chan. Kids can get free porn there, and they don't even have to PROVE their 18.

Absolutely absurd. This shit really pisses me off. The grandmother made a poor decision as a consumer and should live with the responsibility of her actions. Her grandson has certainly been exposed to sexually explicit matieral by his age, and her choice to expose her grand son to a game that is CLEARLY INTENDED AND MARKETED FOR ADULTS does NOT generate a duty for Rockstar to pay for her ignorance and mistakes.

Easy way to use this court case to get money...Note to self: I should purchase a Bible from a book store, make sure a child flips to the book of Rev., Deut., and Kings... then complain how the horrific, terrible, and obscene language forever scarred and scared the child into believing in superstition out of fear, =(.

Meh,

It probably would've cost Take Two more to continue the suit, then any gains coming out of it.

BTW, US civil suits are plain ridiculous. There should be a ban for suits about hazy emotional distraught claims, because these are pure bullshit money grabbers. Only REAL emotional distress caused DIRECTLY on a inter personal level (meaning, if one person directly causes you grave emotional distress).

all i can say is i want that shirt
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ZippyDSMleesigh...was playing anice game of empire at war and then boom crash...hope new oparts come soon ><05/22/2012 - 1:17pm
Andrew EisenI still say the particular word or phrase the MPAA uses to describe what it's fighting against is the least of its problems.05/22/2012 - 1:12pm
ZippyDSMleeMPAA finally admits piracy is not the same as stealing, kinda http://tinyurl.com/chtcf8p05/22/2012 - 11:55am
ddrfr33k@EZK Bwahahaha! @Michael: Yeah, several news sources have said that google DNS can bypass the TPB roadblocks.05/22/2012 - 11:38am
Michael ChandraWeird, I can still visit piratebay. Wonder if Google DNS is related to that, or I simply have an exotic ISP?05/22/2012 - 9:03am
Lisa PhamNo harm done, E. Zachary Knight. :)05/22/2012 - 4:50am
Uncharted NESBSA Claims Half of PC Users Are Pirates- http://slashdot.org/palm/17/12/05/22/0051216_1.shtml05/21/2012 - 11:18pm
E. Zachary KnightAh. Missed that. My mind just connected DDR3 with ddrfr33k and ran with it. Oh well.05/21/2012 - 10:12pm
Lisa PhamHe also mentioned the game "Shadows of the damned" which is on PS305/21/2012 - 8:08pm
E. Zachary Knightddrf33k, I think Zip is referring to computer hardware.05/21/2012 - 7:33pm
ddrfr33k@Zip: Excellent game. It's a trip.05/21/2012 - 7:09pm
Lisa PhamIanC - if you read/looked at the report (PDF and written) then you'd see where they failed and why. Some games have come close to passing and some have passed. The list of games evaluated. http://www.reclaimyourgame.com/content.php/18-RYG-Evaluations05/21/2012 - 5:49pm
Andrew EisenMaybe I'll luck out and the Wii version won't have this retail exclusive DLC nonsense.05/21/2012 - 5:12pm
ZippyDSMleeBought new guitar...trying to find a nice DDR3/mobo combo under 200$ sicne I need new ram thats 100$....fun times..... picked up shadows of the damned tho!!05/21/2012 - 4:56pm
E. Zachary KnightYeah, that's how I feel about retail exclusive DLC too. ;)05/21/2012 - 3:37pm
RedMageThat's what I started to figure too. They seem to have trouble coming up with an effective scare tactic. At one point they referred to it as "online looting" which just sounds stupid.05/21/2012 - 3:34pm
E. Zachary KnightOf all the sucky suckiness that ever sucked. Lego Batman 2 will suffer from sucky retailer exclusive DLC. Suck! http://tinyurl.com/ckq67vg05/21/2012 - 3:30pm
E. Zachary KnightAs for Dodd, I think it is mostly that he realizes that calling copyright infringement "theft" is bad for PR and that they need to change tactics. Just like how they went from using "piracy" to using "theft."05/21/2012 - 1:48pm
E. Zachary KnightIan, I think in this case, the rating is well deserved. To get a good rating, I would assume that a company would have to release the game with no DRM, or at least fully disclosed DRM.05/21/2012 - 1:46pm
IanCLisa - what do companies have to do to get a good rating from that site?05/21/2012 - 12:54pm

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