Fine Print: Lawyers Get $1M, you get (up to) 35 bucks in Hot Coffee Deal

January 28, 2008 -
As the gaming press widely reported recently, Take Two has settled a class-action lawsuit filed against it in the wake of the 2005 Hot Coffee scandal.

Gaming Steve has dug into the fine print of the deal and discovered that the big winners are - surprise! - lawyers:
Any US citizen who was officially "offended and upset" by the ability to unlock [the Hot Coffee] content can now claim up to $35 in compensation. The exact amount you may be entitled depends upon directly upon how much documentation you have of your "outrage"...

Curious about this lawsuit I actually went through the trouble to download the many long and detailed legal documents when I came across this little gem on page 11:


E. Attorneys’ Fees, Costs and Disbursements. Finally, as mentioned above, only this past Friday, the Parties agreed on an amount to compensate Plaintiffs’ Counsel for attorneys’ fees and costs and disbursements in the amount of One Million Dollars ($1,000,000), the entire amount of which will be paid separate and apart from any amounts made available for payment to the Class and Class Representatives, as set forth above.


Comments

@FyrHotBurnKitty

Whilst I back up your attack on generalisations about lawyers, it is worth bearing in mind that for most of the people here, their only experience with what represents a lawyer is Jack Thompson, probably the most ineffectual, insulting and incompetent lawyer that has ever (eventually) passed the Bar Exam.

It's not fair to compare all lawyers with that insult to founding of the New World, but that's human nature.

So, I do agree that people shouldn't generalise lawyers, a lot of people blame the lawyers for trying to get unconstitutional laws passed, and forget that lawyers are also the ones defending the constitution. I don't think Hot Coffee was really worth Class-Actioning on to honest, and I do think it was 'done for the money', however, that doesn't make lawyers 'evil' it makes them lawyers, it is their own choice what they choose to do with that name, not ours.

@GoodRobotUs

I totally understand that people get the wrong idea about lawyers from the Jack Thompsons of the world. That's the problem: The good lawyers seldom get airtime. It's like the news footage after a hurricane - who always gets on TV? You KNOW who the news crews always interview: THAT guy. You know the guy. "It was pandelerium!" (Ever listen to Jeff Foxworthy? Great bit, that one.) But yes, the good lawyers seldom get the same coverage, and the ridiculous TV shows like Boston Legal and Ally McBeal and the like only make it worse. (Those people would be fired. Period.)

I do agree that this lawsuit was not the best. The thing is that the legal system does have built-in safeguards against frivolous lawsuits. Sure, anyone can FILE anything. And sometimes big corporations (like this one) decide it will be easier to settle just to pay people off to get rid of it. They have whole departments that create equations to see if it's worth fighting any given suit. But to get all the way through trial, really, you have to pass certain barriers: summary judgments, judgments as a matter of law, failures to state a claim, etc. So frivolous suits GENERALLY don't get through, though a few may slip through the cracks. It's not a perfect system, but it's better than anything anyone else has come up with.

So while I do apologize for any excess vitreole that I may have added in that comment, I must admit that as a 3L law student, being compared to Jack Thompson just because of my future profession makes my blood boil. Much the same way being compared to murderers and idiots makes gamers red in the face. I plan on being one of the good guy gamer lawyers come November of this year. So I felt obliged to defend my future profession from generalities. ;D

A.

Am I eligible? I tried to use a GameShark to unlock Hot Coffee so I could be all "upset and offended", but I couldn't get it to work.

I was upset by the gimp suit and offended by the purple phallus... is that good enough for a few bucks?

Oh, and to those overly concerned about the rights of sex-workers in video games.... didja know that in the game NetHack, I was bedding down with succubi to increase my stats, then slaying them to get my gold back ... 10 YEARS BEFORE GTA?!?!?

@ Chris Wallace, Lawyer

The bottom line is that lawyers are taking in a seven figure cut while the people they claim to be "protecting" are getting a paltry $35. You also know full well how much lawyers charge per hour for their "services".

Cry me a river.

@Zerodash

Not so much 'crying a river' as it was to provide some insight. Frankly, I thought that was what the forums were all about.

If you feel that the services provided by lawyers are not valuable, then you have the ultimate power to never retain counsel.

Keep in mind that the services are typically conducted in times of high stress or high personal risk for the client(s) with long working hours for the lawyer(s).

[...] GamePolitics - Fine Print: Lawers Get 1M, You Get (up to) $35 Bucks in Hot Coffee Deal  As the gaming press widely reported recently, Take Two has settled a class-action lawsuit filed against it in the wake of the 2005 Hot Coffee scandal. [...]

I don't blame lawyers for getting compensation for doing white-collar work for a long period of time. Practicing law is a profession and like any other profession, there are those who fight for righteousness and those who work for profit or power and many do their jobs for many reasons, money, morality and prestige all being a piece of the pie. It's disingenuous to claim all lawyers are money-grubbing hellspawns, though fun. Many are actually quite low-paid for all the loans they must pay on top of their bills, and many do their work to help those less fortunate than even you and I.

People who don't understand the law but deserve a chance to be heard all the same, people who without the law would get not a semblance of justice for the wrong others perpetrated upon them, people who know they have a case against a powerful person or business or agency but can't afford the sort of high-priced lawyers their opponents have, these are some of the people, the ordinary people who can from time to time get the aid of lawyers willing to serve their community and country for a higher purpose than greed. These defenders of liberty and justice are ALSO lawyers, and they are not evil.

Zerodash,

As previously mentioned, $1 million is not a lot of money when one considers how much time and effort and money in fees the lawyers have to give to make sure the case goes well.

So when you talk about how $35 is a drop in the bucket, I'd say that it's actually accurate, from my own estimation, and quite fair, unless you think the offense taken to a mere game, something one can turn off and delete at any time, is worth some huge sum in the thousands or even tens of thousands. I think it's worth a bit less than a refund of the game in question, taking into account deteriorating retail value and $35 seems to fit the bill.

legal document...

???The opposition to the amnesty plan is so much more intense than the intensity of the supporters,??? said Mr. Hanna, speaking of the bill?? s provisions to grant legal status to qualifying illegal immigrants, which the authors of the legislat...
 
Forgot your password?
Username :
Password :

Poll

Which group is more ethically challenged?:

Shout box

You're not permitted to post shouts.
E. Zachary KnightSo if it is going to turn out to be a bad scene, why even bother writing it?07/01/2015 - 8:07am
E. Zachary KnightMatts, Goth, The article, and others I have read making the same conclusion, state that most people fail in their attempts to write rape scenes without being overly offensive or overly incompetent in their attempt.07/01/2015 - 8:07am
Adam802http://www.sfgate.com/news/article/Ex-Sen-Leland-Yee-may-be-headed-for-a-plea-deal-6358941.php07/01/2015 - 7:12am
Adam802Possible plea deal in Yee case: http://www.mercurynews.com/crime-courts/ci_28408532/leland-yee-case-plea-deal-appears-likely07/01/2015 - 7:11am
MattsworknameInfo, Im with goth on this, the moment people start saying "You can but you shouldnt" thats a slow slide into censorship07/01/2015 - 6:05am
InfophileIn other words, you stopped when you found out it was arguing for a position you disagreed with, but before you found out why.07/01/2015 - 5:29am
Goth_Skunk"In short, anyone can write a rape scene—but should they? Chances are, the answer is no." And that's where I stopped reading.07/01/2015 - 5:11am
InfophileRelevant to our discussion of rape in fiction yesterday: http://www.wired.com/2015/06/rape-scenes/07/01/2015 - 4:58am
Mattsworknameof players, over and over for the last seveal years. Among non RPG games, which make up the vast majority of current games, I think that you still see a large scale disparity between male and female in the AAA industry.07/01/2015 - 1:36am
Mattsworknamewilson. Out of RPG players yes, thats true, and in pc ciricles im not suprised, but RPGS make a small fraction of Console games these days and while pc gaming is seeing a resurgance, MMOs are actually retracting in size , as shown by WOW losing millions07/01/2015 - 1:33am
Matthew Wilsonhere is the study to prove it. http://www.pcgamer.com/researchers-find-that-female-pc-gamers-outnumber-males/07/01/2015 - 1:17am
Matthew Wilson@matt wrong over half of rpg players, both singleplayer and mmos, are female.07/01/2015 - 1:15am
MechaCrashRight, women don't usually play AAA games because none are aimed at them because they don't play them because none are aimed at them because okay you see where I'm going with this.07/01/2015 - 1:11am
MattsworknameI think the better path is this, more games built to give you the Choice of playing as male or female, and give the females good voice actors07/01/2015 - 1:08am
Mattsworknameup more then a fraction of the AAA games industry, but they make up a much larger part of the moble market.07/01/2015 - 1:04am
Mattsworknameandrew is right, to a point, as you are seeing a slow increase of women in games, but the sales shows that the lions share of gaming money comes from a male demo, and while andrew is right that it is changing, it's gonna be a LONG time before women make07/01/2015 - 1:04am
Andrew EisenI think more professional gamblers should get into games publishing. They'll play the odds but they'll also take risks to maximize profits.06/30/2015 - 11:57pm
Andrew EisenAt the end of the day, the ball is rolling and it's rolling in the right direction. Maybe not as fast as we'd like, but it is moving. All we can do is play the games that interest us and make our thoughts known.06/30/2015 - 11:55pm
Matthew Wilsonits unfortunate that the dataset is so tiny for female leads, and is a mixed bag, so money people get the wrong idea.06/30/2015 - 11:54pm
Andrew Eisen"Duke Nukem Forever sold poorly. See? Games staring white guys don't sell!" Pretty silly thing to say.06/30/2015 - 11:50pm
 

Be Heard - Contact Your Politician