Hot Coffee mod
Encyclopedia
The Hot Coffee mod is a normally inaccessible minigame
in the 2004 video game Grand Theft Auto: San Andreas
, developed by Rockstar North
. Public awareness of the existence of the minigame arrived with the release of the Hot Coffee mod
, created for the version released in 2005 for Microsoft Windows
. This mod enables access to the minigame.
The minigame portrays sexual intercourse
between the main character, Carl "CJ" Johnson
, and his in-game girlfriend
. The name of the mod is derived from the girlfriend's offer for the main character to come into her home for "coffee
"—a euphemism
for sex.
Although the "Hot Coffee" minigame was completely disabled and its existence was only highlighted after the mod's release for the PC version on June 9, 2005, the assets for the minigame were also discovered in both the PlayStation 2
and Xbox
versions of the game, and people found ways to enable the minigame via console video game hacking tools. By the middle of July 2005, the minigame's discovery attracted considerable controversy
from lawmakers and politicians, prompting the game to be re-rated
as an adult game, and pulled from some shelves. An updated version of San Andreas has since been released with the minigame removed completely, allowing the game to regain its original rating. A patch
for the original version of the game, which disables the minigame and crashes the game if one attempts to access it, has also been released. Despite this, a more advanced hack still gives access to this minigame, even on the updated version.
) may date up to six girlfriend
s, carrying out various "date missions" in order to improve his relationship with a particular girl. Once Carl has become particularly close to a girlfriend, she may end a successful date by inviting him into her house for "coffee," from which Carl may choose to accept or decline. Improving relationships with girlfriends through successful dates and other related activities will eventually reward CJ with new items (vehicles and special wardrobes), along with pre-existing gameplay benefits (e.g. dating a nurse grants the character free visits to the hospital, without losing his weapons, after dying).
In the unmodified version of San Andreas, the player sees an exterior view of the girlfriend's house while hearing the muffled voices of Carl and his girlfriend as they engage in sexual intercourse. However, the Hot Coffee modification replaces this with a minigame which allows the player to actually enter the girlfriend's bedroom and control Carl's actions during sex. None of the six possible sex scenes involve any nudity
(except when using the unrelated "Nude Girlfriends" mod), and there are animation problems with the girlfriends' partly clothed textures
and bedrooms.
Rockstar Games
, the publisher of the Grand Theft Auto
series, initially denied allegations that the minigame was "hidden" in the video game, stating that the Hot Coffee modification (which they claim violated the game's End User Licence Agreement) is the result of "hackers
" making "significant technical modifications to and reverse engineering
" the game's code. However, this claim was undermined when a hacker known as N.A.V.A.I.D G, on July 12, 2005, released an "Action Replay
Power Save" for the Xbox console, and codes for the PlayStation 2 Action Replay
game enhancer that allowed the scenes to be accessed in each of the console versions. These new methods of accessing "Hot Coffee" demonstrated that the controversial content was, indeed, built into the console versions as well.
The PC mod itself is actually just an edited copy of the game script files with a single bit
changed. The mod was also made possible on the console versions, by changing the bit inside a user's saved game file or by using a third-party modding device. Take-Two has stated that the mod constitutes a violation of the End User License Agreement, even though modification of the main.scm file is common within the mod community.
The oral sex animations are however clearly visible in the background of an early mission, "Cleaning the Hood", even in the re-released game. This may explain why the mini-game was not simply removed when the decision was made to cut it from the game: its assets were in use elsewhere.
(ESRB), the organization which establishes content ratings for video games in North America. It has also rekindled the debate over the influence of video games in general with new protests against several other games such as Killer7
, The Sims 2
, and Bully
.
Jack Thompson
was one of the first to criticize the game for its hidden content, believing violent media is one of the main causes of violent crime in America. Thompson lashed out against Rockstar Games
on several occasions for previous games they have developed.
U.S. Senator
Hillary Clinton
jumped into the fray by suggesting new regulations be put on video games sales. The ESRB is also conducting an investigation into whether the game's publisher lied about the game's content in an attempt to avoid the Adults Only 18+ rating. Also, Congress passed a resolution to have the Federal Trade Commission
investigate whether Rockstar intentionally undermined the ESRB by having the content in the game.
In New York, a class action lawsuit was filed by Florence Cohen, an 85-year-old grandmother who purchased the game for her 14-year-old grandson (according to the old rating of M, the game is typically considered inappropriate for this age). Cohen's lawsuit claimed that Rockstar Games and Take-Two Interactive
, the publisher of the game, are guilty of deception
, false advertising
, fraud
and abuse
. The accusation of deception is based on the change from M-rated to AO, meaning according to the lawsuit that the original rating was a deceptive practice.
A protest group known as the Peaceholics organized a protest on August 4, 2005 at Rockstar's headquarters. The group demonstrated against San Andreas as well as the upcoming game Bully
, the latter due to fears that the content could inspire children to become bullies themselves.
On July 29, 2005, as a result of the newly-discovered scenes, the OFLC revoked the game's "MA15+" classification (the highest currently available for computer games in Australia), and changed the game's status to "RC" (Refused Classification) meaning that the original version could no longer be sold in Australia. The patched version was given an "MA15+" classification on September 12, 2005.
On August 10, 2005, Rockstar Games officially released a patch for San Andreas. Nicknamed the "Cold Coffee Patch" by some, the patch fixed many performance issues and bugs. However, the patch also disabled the controversial "Hot Coffee" scenes, even if the "Hot Coffee" mod was reinstalled.
There was little reaction in Europe
. The game was already classified as PEGI 18+
prior to the release of the mod. Furthermore, unlike the United States, many European nations operate the same regime for video games as they do to films, thus it is a criminal offense to sell adult-only games to minors. For example, the UK version of GTA:SA as with all previous incarnations of the series all the way back to the original GTA
, was rated as 18 by the BBFC. There may also be more general cultural factors in the differing responses to the incident. Similarly, news of the mod did not make any impact at all in Japan, where the game was released by Capcom
.
n chain stores, and IEMA
retailers, which accounted for every major retailer in the United States
and approximately 85% of the game's market in the country, removed the PC and console versions of the game from their store shelves, either restickering the box with the new rating, or returning it to Take-Two Interactive. These included major chains such as GameStop
, Sears
, Hudson's Bay Company
, Zellers
, Hollywood Video
, Blockbuster
, Wal-Mart
, Target
, Best Buy
, and Electronics Boutique
. Rockstar gave some retailers ESRB "Adults Only" rating stickers to put on their copies of GTA:SA, should they decide to keep selling the original product.
eBay
removed copies of GTA:SA that had been reported by the eBay community. eBay claimed that GTA:SA violated the terms of the eBay seller policy and could not be sold unless it was located in the Everything Else > Mature Audiences section. This section requires a credit card to validate the age of the eBay user.
On August 24, 2005, Rockstar announced a mandatory recall
for all games still owned by the general public. Consumers who had already purchased the game were allowed to keep it in certain areas, but with the patch installed, although players cannot be forced to return (or destroy) existing copies. Given the higher value of the "uncensored" versions, it is doubtful that many gamers will return their copies voluntarily. However, those who were over 18 (or 21 depending on region) have grandfathered
these copies of the game to their collection.
Version 2.0 of GTA:SA, which omitted the sexual minigame content, was designed by Rockstar to crash if the game data files were modified. This made it necessary for players to use a previous version if they wished to install multiplayer game modification
s such as San Andreas Multiplayer or Multi Theft Auto
and other game modifications that include new scripts or vehicles. Certain pirated or illegally distributed
versions of the original game may also be made available on the Internet or from illegal retail outlets. Downgraders are also available to unpatch and revert the game version and support the Hot Coffee minigame again.
This limitation later was overcome by two members of the unofficial Grand Theft Auto modding community, who discovered a method of creating modifications which would work with version 2.0. Users of version 2.0 might still need to use previous versions or use a downgrader in order to install a mod not created with the new method.
, Joe Lieberman
and Evan Bayh
introduced the Family Entertainment Protection Act
, which called for a federal mandate enforcement of the ESRB ratings system in order to protect children from inappropriate content.
On January 26, 2006, the city of Los Angeles
filed a lawsuit against Take-Two Interactive
, the game's publisher, accusing the company of failing to disclose the game's sexual content.
Rockstar has allegedly vowed legal action against any subsequent sources that reveal how to access this part of the game, mainly cheat device code sites.
On June 8, 2006, Rockstar, Take-Two and the FTC
settled. They are required to "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." Should the companies violate the settlement they are liable for $11,000 in civil penalties
.
s alleging Take-Two committed consumer fraud
. In December 2007, a settlement of the litigation was reached. In 2008, Ted Frank
filed an objection to the settlement on the grounds that the settlement sought $1 million for attorneys' fees
, but the total payout to class members was less than $27,000. A court hearing was already scheduled on June 25, 2008. Frank previously told GamePolitics that the lawsuits were meritless and extortionate.
As part of the settlement, Take-Two will pay a $873,000 cy-près award to the National Parent-Teacher Association
and the ESRB.
As of June 25, 2008, less than 2,700 claimants responded to the settlement, for which the plaintiff's attorneys expressed disappointment. Frank expressed that this was further proof that the case had no merit.
As of September 1, 2009, Take Two agreed to settle a securities class action suit related to the controversy over the game and over backdating allegations for just over $20 million.
Minigame
A minigame is a short video game often contained within another video game. A minigame is always smaller or more simplistic than the game in which it is contained. Minigames are sometimes also offered separately for free to promote the main game...
in the 2004 video game Grand Theft Auto: San Andreas
Grand Theft Auto: San Andreas
Grand Theft Auto: San Andreas is a 2004 open world action video game developed by British games developer Rockstar North and published by Rockstar Games. It is the third 3D game in the Grand Theft Auto video game franchise, the fifth original console release and eighth game overall...
, developed by Rockstar North
Rockstar North
Rockstar North is a British video game developer based in Edinburgh, Scotland, best known for creating the Grand Theft Auto and Lemmings franchises in its earlier guise as DMA....
. Public awareness of the existence of the minigame arrived with the release of the Hot Coffee mod
Mod (computer gaming)
Mod or modification is a term generally applied to personal computer games , especially first-person shooters, role-playing games and real-time strategy games. Mods are made by the general public or a developer, and can be entirely new games in themselves, but mods are not standalone software and...
, created for the version released in 2005 for Microsoft Windows
Microsoft Windows
Microsoft Windows is a series of operating systems produced by Microsoft.Microsoft introduced an operating environment named Windows on November 20, 1985 as an add-on to MS-DOS in response to the growing interest in graphical user interfaces . Microsoft Windows came to dominate the world's personal...
. This mod enables access to the minigame.
The minigame portrays sexual intercourse
Sexual intercourse
Sexual intercourse, also known as copulation or coitus, commonly refers to the act in which a male's penis enters a female's vagina for the purposes of sexual pleasure or reproduction. The entities may be of opposite sexes, or they may be hermaphroditic, as is the case with snails...
between the main character, Carl "CJ" Johnson
Carl "CJ" Johnson
Carl "CJ" Johnson is a fictional character in the Grand Theft Auto video game series, serving as the protagonist, anti-hero/hero and player-controlled character in Grand Theft Auto: San Andreas. He was voiced by Young Maylay...
, and his in-game girlfriend
Girlfriend
Girlfriend is a term that can refer to either a female partner in a non-marital romantic relationship or a female non-romantic friend that is closer than other friends....
. The name of the mod is derived from the girlfriend's offer for the main character to come into her home for "coffee
Coffee
Coffee is a brewed beverage with a dark,init brooo acidic flavor prepared from the roasted seeds of the coffee plant, colloquially called coffee beans. The beans are found in coffee cherries, which grow on trees cultivated in over 70 countries, primarily in equatorial Latin America, Southeast Asia,...
"—a euphemism
Euphemism
A euphemism is the substitution of a mild, inoffensive, relatively uncontroversial phrase for another more frank expression that might offend or otherwise suggest something unpleasant to the audience...
for sex.
Although the "Hot Coffee" minigame was completely disabled and its existence was only highlighted after the mod's release for the PC version on June 9, 2005, the assets for the minigame were also discovered in both the PlayStation 2
PlayStation 2
The PlayStation 2 is a sixth-generation video game console manufactured by Sony as part of the PlayStation series. Its development was announced in March 1999 and it was first released on March 4, 2000, in Japan...
and Xbox
Xbox
The Xbox is a sixth-generation video game console manufactured by Microsoft. It was released on November 15, 2001 in North America, February 22, 2002 in Japan, and March 14, 2002 in Australia and Europe and is the predecessor to the Xbox 360. It was Microsoft's first foray into the gaming console...
versions of the game, and people found ways to enable the minigame via console video game hacking tools. By the middle of July 2005, the minigame's discovery attracted considerable controversy
Video game controversy
Violent video game debates often center on topics such as video game graphic violence, sex and sexism, violent and gory scenes, partial or full nudity, portrayal of criminal behavior, racism, and other provocative and objectionable material. Video games have been studied for links to addiction and...
from lawmakers and politicians, prompting the game to be re-rated
Video game content rating system
A video game content rating system is a system used for the classification of video games into suitability-related groups. Most of these systems are associated with and/or sponsored by a government, and are sometimes part of the local motion picture rating system...
as an adult game, and pulled from some shelves. An updated version of San Andreas has since been released with the minigame removed completely, allowing the game to regain its original rating. A patch
Patch (computing)
A patch is a piece of software designed to fix problems with, or update a computer program or its supporting data. This includes fixing security vulnerabilities and other bugs, and improving the usability or performance...
for the original version of the game, which disables the minigame and crashes the game if one attempts to access it, has also been released. Despite this, a more advanced hack still gives access to this minigame, even on the updated version.
Minigame overview and Hot Coffee mod
During the course of the main plot of the game, the player (as main character Carl "CJ" JohnsonCarl "CJ" Johnson
Carl "CJ" Johnson is a fictional character in the Grand Theft Auto video game series, serving as the protagonist, anti-hero/hero and player-controlled character in Grand Theft Auto: San Andreas. He was voiced by Young Maylay...
) may date up to six girlfriend
Girlfriend
Girlfriend is a term that can refer to either a female partner in a non-marital romantic relationship or a female non-romantic friend that is closer than other friends....
s, carrying out various "date missions" in order to improve his relationship with a particular girl. Once Carl has become particularly close to a girlfriend, she may end a successful date by inviting him into her house for "coffee," from which Carl may choose to accept or decline. Improving relationships with girlfriends through successful dates and other related activities will eventually reward CJ with new items (vehicles and special wardrobes), along with pre-existing gameplay benefits (e.g. dating a nurse grants the character free visits to the hospital, without losing his weapons, after dying).
In the unmodified version of San Andreas, the player sees an exterior view of the girlfriend's house while hearing the muffled voices of Carl and his girlfriend as they engage in sexual intercourse. However, the Hot Coffee modification replaces this with a minigame which allows the player to actually enter the girlfriend's bedroom and control Carl's actions during sex. None of the six possible sex scenes involve any nudity
Nudity
Nudity is the state of wearing no clothing. The wearing of clothing is exclusively a human characteristic. The amount of clothing worn depends on functional considerations and social considerations...
(except when using the unrelated "Nude Girlfriends" mod), and there are animation problems with the girlfriends' partly clothed textures
Texture mapping
Texture mapping is a method for adding detail, surface texture , or color to a computer-generated graphic or 3D model. Its application to 3D graphics was pioneered by Dr Edwin Catmull in his Ph.D. thesis of 1974.-Texture mapping:...
and bedrooms.
Rockstar Games
Rockstar Games
Rockstar Games is a major video game developer and publisher based in New York City, owned by Take-Two Interactive following its purchase of UK video game publisher BMG Interactive. The brand is mostly known for Grand Theft Auto, Max Payne, L.A...
, the publisher of the Grand Theft Auto
Grand Theft Auto (series)
Grand Theft Auto is a multi-award-winning British video game series created in the United Kingdom by Dave Jones, then later by brothers Dan Houser and Sam Houser, and game designer Zachary Clarke. It is primarily developed by Edinburgh based Rockstar North and published by Rockstar Games...
series, initially denied allegations that the minigame was "hidden" in the video game, stating that the Hot Coffee modification (which they claim violated the game's End User Licence Agreement) is the result of "hackers
Hacker (computer security)
In computer security and everyday language, a hacker is someone who breaks into computers and computer networks. Hackers may be motivated by a multitude of reasons, including profit, protest, or because of the challenge...
" making "significant technical modifications to and reverse engineering
Reverse engineering
Reverse engineering is the process of discovering the technological principles of a device, object, or system through analysis of its structure, function, and operation...
" the game's code. However, this claim was undermined when a hacker known as N.A.V.A.I.D G, on July 12, 2005, released an "Action Replay
Action Replay
Action Replay is the brand name of a series of video game cheating devices created by Datel. As of 2010, Action Replays are currently available for some of the current major gaming platforms which include the Nintendo DS, Nintendo DSi, PlayStation 2, and the PlayStation Portable, and many older...
Power Save" for the Xbox console, and codes for the PlayStation 2 Action Replay
Action Replay
Action Replay is the brand name of a series of video game cheating devices created by Datel. As of 2010, Action Replays are currently available for some of the current major gaming platforms which include the Nintendo DS, Nintendo DSi, PlayStation 2, and the PlayStation Portable, and many older...
game enhancer that allowed the scenes to be accessed in each of the console versions. These new methods of accessing "Hot Coffee" demonstrated that the controversial content was, indeed, built into the console versions as well.
The PC mod itself is actually just an edited copy of the game script files with a single bit
Bit
A bit is the basic unit of information in computing and telecommunications; it is the amount of information stored by a digital device or other physical system that exists in one of two possible distinct states...
changed. The mod was also made possible on the console versions, by changing the bit inside a user's saved game file or by using a third-party modding device. Take-Two has stated that the mod constitutes a violation of the End User License Agreement, even though modification of the main.scm file is common within the mod community.
The oral sex animations are however clearly visible in the background of an early mission, "Cleaning the Hood", even in the re-released game. This may explain why the mini-game was not simply removed when the decision was made to cut it from the game: its assets were in use elsewhere.
Controversy
The revelation of the minigame sparked a fair amount of controversy around GTA:SA, with some politicians firing harsh words at both the game's developer and the Entertainment Software Rating BoardEntertainment Software Rating Board
The Entertainment Software Rating Board is a self-regulatory organization that assigns age and content ratings, enforces industry-adopted advertising guidelines, and ensures responsible online privacy principles for computer and video games as well as entertainment software in Canada, Mexico and...
(ESRB), the organization which establishes content ratings for video games in North America. It has also rekindled the debate over the influence of video games in general with new protests against several other games such as Killer7
Killer7
is an action-adventure video game for the Nintendo GameCube and PlayStation 2. It was developed by Grasshopper Manufacture and published by Capcom. The game was written and directed by Goichi Suda, also known by the nickname Suda51, and produced by Hiroyuki Kobayashi...
, The Sims 2
The Sims 2
The Sims 2 is a strategic life simulation computer game developed by Maxis and published by Electronic Arts. It is the sequel to the best-selling computer game, The Sims, which debuted on February 4, 2000. It was first released on September 14, 2004 for Microsoft Windows. A port to Apple Mac OS X...
, and Bully
Bully (video game)
Bully, also known as Canis Canem Edit for the PAL PlayStation 2 version, is an open world video game released by Rockstar Vancouver for the PlayStation 2 on 17 October 2006 in North America, and 25 October 2006 in the United Kingdom...
.
Jack Thompson
Jack Thompson (attorney)
John Bruce "Jack" Thompson is an American activist and disbarred attorney, based in Coral Gables, Florida. Thompson is known for his role as an anti-video-game activist, particularly against violence and sex in video games....
was one of the first to criticize the game for its hidden content, believing violent media is one of the main causes of violent crime in America. Thompson lashed out against Rockstar Games
Rockstar Games
Rockstar Games is a major video game developer and publisher based in New York City, owned by Take-Two Interactive following its purchase of UK video game publisher BMG Interactive. The brand is mostly known for Grand Theft Auto, Max Payne, L.A...
on several occasions for previous games they have developed.
U.S. Senator
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
Hillary Clinton
Hillary Rodham Clinton
Hillary Diane Rodham Clinton is the 67th United States Secretary of State, serving in the administration of President Barack Obama. She was a United States Senator for New York from 2001 to 2009. As the wife of the 42nd President of the United States, Bill Clinton, she was the First Lady of the...
jumped into the fray by suggesting new regulations be put on video games sales. The ESRB is also conducting an investigation into whether the game's publisher lied about the game's content in an attempt to avoid the Adults Only 18+ rating. Also, Congress passed a resolution to have the Federal Trade Commission
Federal Trade Commission
The Federal Trade Commission is an independent agency of the United States government, established in 1914 by the Federal Trade Commission Act...
investigate whether Rockstar intentionally undermined the ESRB by having the content in the game.
In New York, a class action lawsuit was filed by Florence Cohen, an 85-year-old grandmother who purchased the game for her 14-year-old grandson (according to the old rating of M, the game is typically considered inappropriate for this age). Cohen's lawsuit claimed that Rockstar Games and Take-Two Interactive
Take-Two Interactive
Take-Two Interactive Software, Inc. is a major American publisher, developer, and distributor of video games and video game peripherals. Take-Two wholly owns 2K Games and Rockstar Games. The company's headquarters are in New York City, with international headquarters in Windsor, United Kingdom...
, the publisher of the game, are guilty of deception
Deception
Deception, beguilement, deceit, bluff, mystification, bad faith, and subterfuge are acts to propagate beliefs that are not true, or not the whole truth . Deception can involve dissimulation, propaganda, and sleight of hand. It can employ distraction, camouflage or concealment...
, false advertising
False advertising
False advertising or deceptive advertising is the use of false or misleading statements in advertising. As advertising has the potential to persuade people into commercial transactions that they might otherwise avoid, many governments around the world use regulations to control false, deceptive or...
, fraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
and abuse
Abuse
Abuse is the improper usage or treatment for a bad purpose, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, sexual assault, violation, rape, unjust practices; wrongful practice or custom; offense; crime, or otherwise...
. The accusation of deception is based on the change from M-rated to AO, meaning according to the lawsuit that the original rating was a deceptive practice.
A protest group known as the Peaceholics organized a protest on August 4, 2005 at Rockstar's headquarters. The group demonstrated against San Andreas as well as the upcoming game Bully
Bully (video game)
Bully, also known as Canis Canem Edit for the PAL PlayStation 2 version, is an open world video game released by Rockstar Vancouver for the PlayStation 2 on 17 October 2006 in North America, and 25 October 2006 in the United Kingdom...
, the latter due to fears that the content could inspire children to become bullies themselves.
Product re-rating
On July 20, 2005, the ESRB announced that it was changing the rating of GTA:SA from Mature (M) to Adults Only 18+ (AO). Rockstar stated that it would discontinue manufacturing the current version of the game, and produce a new version that would not include the content that is unlocked by the Hot Coffee mod. In the fourth quarter of 2005, Rockstar released this "clean" version with the "Hot Coffee" scenes removed (Grand Theft Auto: San Andreas 1.01), allowing the game to be rerated to a Mature 17+ rating.On July 29, 2005, as a result of the newly-discovered scenes, the OFLC revoked the game's "MA15+" classification (the highest currently available for computer games in Australia), and changed the game's status to "RC" (Refused Classification) meaning that the original version could no longer be sold in Australia. The patched version was given an "MA15+" classification on September 12, 2005.
On August 10, 2005, Rockstar Games officially released a patch for San Andreas. Nicknamed the "Cold Coffee Patch" by some, the patch fixed many performance issues and bugs. However, the patch also disabled the controversial "Hot Coffee" scenes, even if the "Hot Coffee" mod was reinstalled.
There was little reaction in Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
. The game was already classified as PEGI 18+
Pan European Game Information
Pan European Game Information is a European video game content rating system established to help European parents make informed decisions on buying computer games with logos on games boxes. It was developed by the Interactive Software Federation of Europe and came into use in April 2003; it...
prior to the release of the mod. Furthermore, unlike the United States, many European nations operate the same regime for video games as they do to films, thus it is a criminal offense to sell adult-only games to minors. For example, the UK version of GTA:SA as with all previous incarnations of the series all the way back to the original GTA
Grand Theft Auto (video game)
Grand Theft Auto is a 1997 action-adventure video game created by British games developer DMA Design and published by BMG Interactive. The game allows the player to take on the role of a criminal who can roam freely around a big city. Various missions are set for completion, such as bank...
, was rated as 18 by the BBFC. There may also be more general cultural factors in the differing responses to the incident. Similarly, news of the mod did not make any impact at all in Japan, where the game was released by Capcom
Capcom
is a Japanese developer and publisher of video games, known for creating multi-million-selling franchises such as Devil May Cry, Chaos Legion, Street Fighter, Mega Man and Resident Evil. Capcom developed and published Bionic Commando, Lost Planet and Dark Void too, but they are less known. Its...
.
Product withdrawal and recall
The day after the rating change, several North AmericaNorth America
North America is a continent wholly within the Northern Hemisphere and almost wholly within the Western Hemisphere. It is also considered a northern subcontinent of the Americas...
n chain stores, and IEMA
Interactive Entertainment Merchants Association
The Interactive Entertainment Merchants Association was a United States-based non-profit organization dedicated to serving the business interests of leading retailers that sell Interactive entertainment software...
retailers, which accounted for every major retailer in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and approximately 85% of the game's market in the country, removed the PC and console versions of the game from their store shelves, either restickering the box with the new rating, or returning it to Take-Two Interactive. These included major chains such as GameStop
GameStop
GameStop Corporation is an American video game and entertainment software retailer. The company, whose headquarters is in Grapevine, Texas, United States, operates 6,500 retail stores throughout the United States, Canada, Australia, Austria, Denmark, Finland, France, Germany, Ireland, Italy, New...
, Sears
Sears Holdings Corporation
Sears Holdings Corporation is a retail conglomerate formed in 2005 by the merger of Sears, Roebuck and Co., of Hoffman Estates, Illinois, with Kmart Holdings Corporation, of Troy, Michigan...
, Hudson's Bay Company
Hudson's Bay Company
The Hudson's Bay Company , abbreviated HBC, or "The Bay" is the oldest commercial corporation in North America and one of the oldest in the world. A fur trading business for much of its existence, today Hudson's Bay Company owns and operates retail stores throughout Canada...
, Zellers
Zellers
Zellers Inc. is Canada's second-largest chain of mass merchandise discount stores, with locations in communities across Canada. A subsidiary of the Hudson's Bay Company , it has 273 locations across the country....
, Hollywood Video
Hollywood Video
Hollywood Entertainment Corporation , known as Hollywood Video, was a VHS, DVD, and video game rental shop company started in 1988...
, Blockbuster
Blockbuster (movie rental store)
Blockbuster LLC is an American-based provider of home video and video game rental services, originally through video rental shops , later adding DVD-by-mail, streaming video on demand, and kiosks. At its peak in 2009, Blockbuster had up to 60,000 employees. There are around 1700 Blockbuster...
, Wal-Mart
Wal-Mart
Wal-Mart Stores, Inc. , branded as Walmart since 2008 and Wal-Mart before then, is an American public multinational corporation that runs chains of large discount department stores and warehouse stores. The company is the world's 18th largest public corporation, according to the Forbes Global 2000...
, Target
Target Corporation
Target Corporation, doing business as Target, is an American retailing company headquartered in Minneapolis, Minnesota. It is the second-largest discount retailer in the United States, behind Walmart. The company is ranked at number 33 on the Fortune 500 and is a component of the Standard & Poor's...
, Best Buy
Best Buy
Best Buy Co., Inc. is an American specialty retailer of consumer electronics in the United States, accounting for 19% of the market. It also operates in Mexico, Canada & China. The company's subsidiaries include Geek Squad, CinemaNow, Magnolia Audio Video, Pacific Sales, and, in Canada operates...
, and Electronics Boutique
Electronics Boutique
EB Games is an American computer and video games retailer. First established as an American company in 1977 by Emmanuel Baxter with a single electronics-focused location in the King of Prussia Mall near Philadelphia, the company has grown into an international corporation...
. Rockstar gave some retailers ESRB "Adults Only" rating stickers to put on their copies of GTA:SA, should they decide to keep selling the original product.
eBay
EBay
eBay Inc. is an American internet consumer-to-consumer corporation that manages eBay.com, an online auction and shopping website in which people and businesses buy and sell a broad variety of goods and services worldwide...
removed copies of GTA:SA that had been reported by the eBay community. eBay claimed that GTA:SA violated the terms of the eBay seller policy and could not be sold unless it was located in the Everything Else > Mature Audiences section. This section requires a credit card to validate the age of the eBay user.
On August 24, 2005, Rockstar announced a mandatory recall
Product recall
A product recall is a request to return to the maker a batch or an entire production run of a product, usually due to the discovery of safety issues. The recall is an effort to limit liability for corporate negligence and to improve or avoid damage to publicity...
for all games still owned by the general public. Consumers who had already purchased the game were allowed to keep it in certain areas, but with the patch installed, although players cannot be forced to return (or destroy) existing copies. Given the higher value of the "uncensored" versions, it is doubtful that many gamers will return their copies voluntarily. However, those who were over 18 (or 21 depending on region) have grandfathered
Grandfather clause
Grandfather clause is a legal term used to describe a situation in which an old rule continues to apply to some existing situations, while a new rule will apply to all future situations. It is often used as a verb: to grandfather means to grant such an exemption...
these copies of the game to their collection.
Version 2.0 of GTA:SA, which omitted the sexual minigame content, was designed by Rockstar to crash if the game data files were modified. This made it necessary for players to use a previous version if they wished to install multiplayer game modification
Mod (computer gaming)
Mod or modification is a term generally applied to personal computer games , especially first-person shooters, role-playing games and real-time strategy games. Mods are made by the general public or a developer, and can be entirely new games in themselves, but mods are not standalone software and...
s such as San Andreas Multiplayer or Multi Theft Auto
Multi Theft Auto
Multi Theft Auto is a multiplayer mod for the Microsoft Windows version of Rockstar North games Grand Theft Auto III, Grand Theft Auto: Vice City and Grand Theft Auto: San Andreas that adds an online multiplayer component.-Background:The release of Grand Theft Auto III, a critically acclaimed...
and other game modifications that include new scripts or vehicles. Certain pirated or illegally distributed
Copyright infringement of software
Copyright infringement of software=The copyright infringement of software refers to several practices which involve the unauthorized copying of computer software. Copyright infringement of this kind varies globally...
versions of the original game may also be made available on the Internet or from illegal retail outlets. Downgraders are also available to unpatch and revert the game version and support the Hot Coffee minigame again.
This limitation later was overcome by two members of the unofficial Grand Theft Auto modding community, who discovered a method of creating modifications which would work with version 2.0. Users of version 2.0 might still need to use previous versions or use a downgrader in order to install a mod not created with the new method.
Federal and legal action
In December 2005, Senators Hillary ClintonHillary Rodham Clinton
Hillary Diane Rodham Clinton is the 67th United States Secretary of State, serving in the administration of President Barack Obama. She was a United States Senator for New York from 2001 to 2009. As the wife of the 42nd President of the United States, Bill Clinton, she was the First Lady of the...
, Joe Lieberman
Joe Lieberman
Joseph Isadore "Joe" Lieberman is the senior United States Senator from Connecticut. A former member of the Democratic Party, he was the party's nominee for Vice President in the 2000 election. Currently an independent, he remains closely affiliated with the party.Born in Stamford, Connecticut,...
and Evan Bayh
Evan Bayh
Birch Evans "Evan" Bayh III is a lawyer, advisor and former Democratic politician who served as the junior U.S. Senator from Indiana from 1999 to 2011. He earlier served as the 46th Governor of Indiana from 1989 to 1997. Bayh is a current Fox News contributor as of March 14, 2011.Bayh first held...
introduced the Family Entertainment Protection Act
Family Entertainment Protection Act
The United States Family Entertainment Protection Act was a bill introduced by Senator Hillary Clinton , and co-sponsored by Senators Joe Lieberman , Tim Johnson and Evan Bayh on November 29, 2005...
, which called for a federal mandate enforcement of the ESRB ratings system in order to protect children from inappropriate content.
On January 26, 2006, the city of Los Angeles
Los Angeles, California
Los Angeles , with a population at the 2010 United States Census of 3,792,621, is the most populous city in California, USA and the second most populous in the United States, after New York City. It has an area of , and is located in Southern California...
filed a lawsuit against Take-Two Interactive
Take-Two Interactive
Take-Two Interactive Software, Inc. is a major American publisher, developer, and distributor of video games and video game peripherals. Take-Two wholly owns 2K Games and Rockstar Games. The company's headquarters are in New York City, with international headquarters in Windsor, United Kingdom...
, the game's publisher, accusing the company of failing to disclose the game's sexual content.
Rockstar has allegedly vowed legal action against any subsequent sources that reveal how to access this part of the game, mainly cheat device code sites.
On June 8, 2006, Rockstar, Take-Two and the FTC
Federal Trade Commission
The Federal Trade Commission is an independent agency of the United States government, established in 1914 by the Federal Trade Commission Act...
settled. They are required to "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." Should the companies violate the settlement they are liable for $11,000 in civil penalties
Civil penalty
A civil penalty or civil fine is a term used to describe when a state entity, government agency, or private party seeks monetary relief against an individual as restitution for wrongdoing by the individual. The wrongdoing is typically defined by a codification of legislation, regulations, and decrees...
.
Civil class actions
In 2006 attorneys brought several class actionClass action
In law, a class action, a class suit, or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued...
s alleging Take-Two committed consumer fraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
. In December 2007, a settlement of the litigation was reached. In 2008, Ted Frank
Ted Frank
Theodore H. Frank is an American lawyer, legal writer and blogger, based in Washington, D.C.. He is the founder and president of the Center for Class Action Fairness , established in 2009...
filed an objection to the settlement on the grounds that the settlement sought $1 million for attorneys' fees
Attorney's fee
Attorney's fee is a chiefly United States term for compensation for legal services performed by an attorney for a client, in or out of court. It may be an hourly, flat-rate or contingent fee. Attorney fees are separate from fines, compensatory and punitive damages, and from court costs in a...
, but the total payout to class members was less than $27,000. A court hearing was already scheduled on June 25, 2008. Frank previously told GamePolitics that the lawsuits were meritless and extortionate.
As part of the settlement, Take-Two will pay a $873,000 cy-près award to the National Parent-Teacher Association
Parent-Teacher Association
In the U.S. a parent-teacher association or Parent-Teacher-Student Association is a formal organization composed of parents, teachers and staff that is intended to facilitate parental participation in a public or private school. Most public and private K-8 schools in the U.S. have a PTA, a...
and the ESRB.
As of June 25, 2008, less than 2,700 claimants responded to the settlement, for which the plaintiff's attorneys expressed disappointment. Frank expressed that this was further proof that the case had no merit.
As of September 1, 2009, Take Two agreed to settle a securities class action suit related to the controversy over the game and over backdating allegations for just over $20 million.
External links
- PatrickW's Website (creator of original mod)
- PS2 Save Tools (home to GTA:SA Censor Remover)
- Hot Coffee Modification on Grand Theft Wiki
- GTA: San Andreas Hot Coffee guide at StrategyWiki
- New York Times article about Hot Coffee Mod controversy
- Igniq.com article on the code's existence in the PS2 version
- IGN: Rockstar Responds to GTA: SA's AO Rating
- Rockstar's anti Hot Coffee game patch