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ESRB Revokes San Andreas Rating
Alex Blonski writes "In a stunning move, the ESRB has advised retailers to stop selling Grand Theft Auto: San Andreas. This report follows public pressure over the Hot Coffee debacle. Rockstar, the publishers of the game have given retailers the option of restickering the game with an 18+ rating or exchanging it for a new version with the controversial content removed. ESRB head Patricia Vance says 'After a thorough investigation, we have concluded that sexually explicit material exists in a fully rendered, unmodified form on the final discs of all three platform versions of the game (i.e., PC CD-ROM, Xbox and PS2). However, the material was programmed by Rockstar to be inaccessible to the player and they have stated that it was never intended to be made accessible. The material can only be accessed by downloading a software patch, created by an independent third party without Rockstar's permission, which is now freely available on the internet and through console accessories. Considering the existence of the undisclosed and highly pertinent content on the final discs, compounded by the broad distribution of the third party modification, the credibility and utility of the initial ESRB rating has been seriously undermined.'"
This makes me want to kill the ESRB board, but I will do one better, I will run around naked in front of them. Well at least now we have a new scapegoat, the Doom one was getting old...
In a move equally stunning to neglegent parents everywhere, Captain Obvious has advised that people stop paying attention to the ESRB and take a more proactive stance in monitoring the content that they're buying for their kids. He also advised that parents pay more attention to other aspects of games, such as violence and racial overtones, and not use sex alone as a deciding factor for whether or not to buy a game, movie, music CD, etc. Experts predict that people will ignore this advice and continue to rely on other people to raise their kids for them.
People found to be naked under clothes.
Merkins.
'Nuff said.
One can show pixel people gettin blown up by all kinds of pixel weapons, yet when there's one pixel nipple to be seen, the whole country goes up in arms about it?
"However, the material was programmed by Rockstar to be inaccessible to the player and they have stated that it was never intended to be made accessible."
Right. Sure.
What would the reason be to put it in there then? Perhaps the publicity that they are getting now? My 8 y/o son would not have known about GTA except that it has been in the news lately. (Yep, an 8 y/o that watches the news)
"Rockstar, the publishers of the game have given retailers the option of restickering the game with an 18+ rating or exchanging it for a new version with the controversial content removed."
Well, I suspect that most will put a sticker on the game and continue to sell as usual. I also suspect that if a 15 y/o wants to buy one, they still will be able to do so.
It could be worse, it could be Monday.
I believe that Penny Arcade's news and comic today sum up this whole situation best.
Work sucked, until it became unemployment, when it became slightly more tolerable. -Tet
GTA San Andreas "Hot Coffee"
s /hotcoffee.wmv
Coral Cache of some of the content in question:
http://files.gtanet.com.nyud.net:8090/gtasa/video
Get it while it's hot?
because of the "nude Sims" patch floating around?
This is awesome PR for Rockstar. They're lapping it up!
There's no such thing as bad publicity. Now it's an 18+ they'll sell twice as many copies!
The funniest thing is that all these people that raised a stink over the "Hot Coffee" mod are just bringing free publicity to an already very popular game. They're essentially giving Rockstar free advertising.
In GTA San Andreas, you can mow down innocent pedestrians one one side of the street whilst smashing up your stolen car. That's fine, that's an M rating for you. What? There's sex too?! Dear God man, pull it from the shelves!
Society depresses me.
This is rediciulous. What if I release a patch that will just replace the textures of any game (say Windows Solitair, or some Harry Potter game) with hardcore porn? Assume the patch becomes widespread after the game has been released.
Will this... organization... advise stores to stop sell this game too?
As a British person (of 15 years of age), I pity you Americans. What the fuck is your problem with the human body? Why an 18+ when the 17+ was appropriate for the game, even with the minigame?
Clearly in that critical year you become mature enough to be allowed to consume renderings of fully clothed individuals in sexual positions.
Seventeen year-olds just aren't ready for that kind of stuff yet. Their exposure to sexual situations should be limited to what they do with their boyfriends/girlfriends in the back seat of their parent's car when they're "at the movies."
Oh, BTW, to all the parents out there... Your 8 year old probably says 'fuck' all the time when he knows you're not around, so you can get over yourself already.
The FCC will be investigating the "pixel malfunction" in GTASA, obviously.
All this time, I thought that 14-year-olds had sex because of hormones (or, in some rare cases, having actual feelings for another).
I just had to share that with you guys.
Earn a % of cash back from Newegg, Tiger Direct, Walmart.com, and more: http://www.mrrebates.com?refid=458505
Starting bid of $100 for this banned game.
It's the land of the brave, and the home of the free
Where the less you know, the better off you'll be.
Today's Penny Arcade news deals with this, where Tycho lays out the crucial difference between a "Mature" title and an "Adults Only" title : time.
Yup, that's it. Time. Pretty incredible.
-EvilMagnus
From TFA:
Take-Two Interactive Software, Inc. (NASDAQ: TTWO - News) announced today that the Entertainment Software Rating Board (ESRB) has changed the rating of Grand Theft Auto: San Andreas on all platforms from "Mature 17+" (M) to "Adults Only 18+"
So basically, they've made the decision that 17 year-olds just shouldn't see this two-bit low-res porn hack, and stick with the carjacking, wanton murder, and other wholesome activites within GTA. 18 year-olds are qualified for the whole ball o' wax, though.
Amazing...
Stop by my site where I write about ERP systems & more
This whole debacle is bad news. If retailers don't stop selling it, we're all in trouble. If the ESRB loses all credibility, the only thing stopping a full-on onslaught of legislative parenting will be gone. If the video game industry 'can't be trusted' to rule itself, the government will have to step in. Australia-like bans will be coming to a USA and Canada near you.
CC Licensed Serialized Story and Podcast: Ingenioustries
Bicycles are made illegal because children can go on the Internet and download porn.
If that's true, then I need to look into changing my citizenship status to become French! I'll take sex over violence *any day*.
I can get sex in a patch now? Like Nicorette?
That would save a lot of wrist strain.
No, it's actually still possible on all of them one way or another:
n _Andreas/Appendices/Game_Mods
http://en.wikibooks.org/wiki/Grand_Theft_Auto:_Sa
I will say that it's just plain lunacy to think that with all the violence in the game that a little pixelated sex should have a huge impact on the rating.
This could spell out some big problems for coders when they take their easter eggs too far. Of course, what else is on the average programmers mind?
The thing that amuses me the most about this whole episode is that senators and other publicity hounds never noticed the game when it was just violence, madness and mayhem, but shock of shocks, a character "gets a cup of coffee" and skin friction ensues, and the next thing you know, this is the worst thing that could ever possibly have happened to our kids!
Me, I would prefer my kid watch a porn flick any day rather than "Natural Born Killers" or play a video game with tawdry pixels as opposed to trying to see how many crimes can be committed in order to get a high score.
After all, who gets hurt by a good (consensual) boffing?
Well, yeah, I know about sex and responsiblity. So spare me the usual screed. But if you do, pleas explain at the same time a way to "responsibly" carjack or murder someone.
In other news...
Hillary Clinton (who makes ~$162k http://people.howstuffworks.com/question449.htm) has decided that it's in her best interest to waste her time (and our tax dollars). I'm sure that the FTC has better things to do than to investigate RockStar Entertainment... http://news.bbc.co.uk/2/hi/technology/4682533.stm
i mean really. if a kid can download and apply a patch, he is already in a position to see way more nudity than what is offered in this game.
you may think that's a strawman, bringing up internet porn, but think about it. the point of the ESRB rating is to inform the parents of the content of the game. which, in my opinion, the "M" rating did accurately. the sex scenes aren't in the game. they were disabled.
from a parent's standpoint, what is the difference between downloading a third-party mod that enables disabled content, and applying a third-party mod that adds newly-created content? they are identical in their difficulty/accessibility to a kid, and both insert content into the game that the developer did not intend to appear there!
it is drawing boobies on the title page of "Harry Potter" and then sueing JK Rowling, citing an unfinished but steamy scene she deleted from her hard drive as evidence.
i could live a little longer in this prison
The game allows you to...
- Pull people out of their cars and drive away in them
- Steal military weapons
- Destroy property
- Injure and kill completely innocent bystanders
- Develop a criminal enterprise
- Carry out the orders of corrupt police officers
- Pick up prostitutes
- Burn down a pot farm
and so far it's been pretty smooth sailing, but once you can have vivid consensual sex, but only through extensive third party modification, everyone flips out?![Lameness filter adjustment]
"Holy Crap What The Hell Is Wrong With You PEOPLE!"
A Puritan landed on the shores of New England.
Am I the only one completely overwhelmed by the sheer idiocy of this situation?
I mean ignoring the fact that violence is alright while sexual intercourse sparks a massive outrage.
The content is UNPLAYABLE!!! It cannot be played! If you get a copy of the game can you just pop it in and see this naughty content?
No.
Why?
Because it's UNPLAYABLE!!
Wait!! You mean you can download something off the internet that lets you play this naughty content **GASP** What an outrage!! That someone going onto the internet could gain access to pornographic content. It's completely unheard of. Clearly this is a matter of national importance that a game can be made pornographic with things downloaded off the internet!
This whole situation is just a bizarre combination of sexual prudism combined with a complete lack of technical knowledge, I'm ashamed to be on the same continent where stuff this ignorent stupidity occurs.
I stole this Sig
In other news, the ESRB are re-rating Doom 3, for possible hardcore anal scenes between zombies.
The SIMS has an ESRB rating of E-T (Everyone/Teens). However, there is a patch available for The SIMS that removes the dithering done when they are changing clothes, allowing one to see buck naked SIMS!. Doesn't this mean the ESRB should also revoke The SIMS "Everyone" rating?
I've abandoned my search for truth; now I'm just looking for some useful delusions.
Unfortunately, show me a country that doesn't rely on war to keep the peace and I'll show you a country that is ripe for the taking by one that does.
Switzerland?
Don't fight for your country, if your country does not fight for you.
I agree with the posts upset over the fact that companies are getting slammed over parents' inability to parent, but at the same time, I think there should be at least some modicum of responsibility on the developer's part, especially when it is found that the developer knew that objectionable material existed and was not forthcoming about the existence of that material (to the point of gutless blameshifting that only makes them look more culpable once it was found that the underlying code existed on all platform versions). If Rockstar had no intention of allowing that content to be released THEN WHY DID THEY LEAVE IT IN THERE? I can understand if it was a single programmer (or maybe team) that threw in an objectionable minigame, though that seems unlikely to me, but that's not Rockstar's story so far.
Personally, I like a nice, cathartic, violent kill-fest first person shooter, and even had a lot of fun playing GTA3 and GTA:VC. I haven't played San Andreas, but this type of behaviour on Rockstar's part doesn't make me want to shell out cash to buy it now. This smells like someone wanted to include something and attempted to beat an ESRB rating by putting it in as an easter egg. Maybe possibly someone trying to challenge the ESRB's system itself; too bad for them, they've now got egg on their face.
And as someone already said, Penny Arcade's article and comic sum up the situation pretty nicely.
#define CLUE 0
Try to RTFA next time.
From Rockstar's statement:
"...hackers created the 'hot coffee' modification by disassembling and then combining, recompiling and altering the game's source code. Since the 'hot coffee' scenes cannot be created without intentional and significant technical modifications and reverse engineering of the game's source code..."
They never said the content was inserted, they said the game was modified, which is true.
However, the nude skin for the female model WAS added by the modders, so even though they didn't say it, there WAS content inserted by the hackers.
From what I understand the sex scenes aren't even particularly explicit. Who does it with their clothes on, I mean really?
Oh wait, considering how objectionable these people seem to think this scene is, they probably ARE the type of people who do it with their clothes on.
---If you can't trust a nerd, who can you trust?
But where do you draw the line? The physics/mechanics of the game are just as much a part of the games as the models and skins if not more. Changing the the state of a door is more of a change than changing a skin.
i could not think of anything clever.
maybe I should run out and buy copies of the game before the news gets around it may be worth something
that without some outside controls, TV content would be dictated solely by the advertisers. And as the advertisers have shown themselves to be such a wonderful, responsible bunch in the quest for ever higher ratings and watercooler talk (read your eyeballs), the only option left to parents would be hardwiring the power switch to the off position. (Not necessarily a bad thing, but probably not what we really want)
This nonsense is coming from American morons and Shrubby is their moron king.
Actually, this specific non-sense is pouring from the liberal side of the US governemnt. Clinton, Lieberman, etc. They have been itching to go after GTA for years, but could not as Americans love the macho gore as part of the entertainment. Thus they waited until they can make that into a "think of the children" deal.
The funny part is that I have not heard a word from the conservative side, although the religious right I am sure is on the same side. It is currently the moderate republicans and libertarians that have the most sense these days.
Oh, and do not blame the GTA deal on Prez. Shrub. He is not turning those gears in motion. Blame the nanny-state liberals for this one.
badness 10000
The flaw in your analogy is clear: Accidents happen and bottles can break, releasing the illicit substance. There is nothing the player can do short of a direct and intentional modification that causes this code to become active.
The internet has been banned because of the possibility that children may buy bicycles online.
Think about it. GTA is the perfect medium by which to teach guys how to *really* pleasure a woman. As long as the gameplay makes you work for the woman's orgasm, meaning you're going to have to work those controls for more than 5 minutes guys, I say bring it on.
GTA: Turning Geeks into Better Lovers
~tokengeekgrrl
Well said.
From his excellent site:
Does this apply to boardgames too? Because I was able to draw naughty pictures all over a game of Monopoly... I'd like that game to be rated "Adults Only" now. Who can I contact at the ESRB?
Esoteric reference.
I heard a rumor on the internets that you can download naked pictures! Somebody cover my eyes quickly, I can't be trusted to do it myself!
They maintain their sovereignity through the threat of force and retaliation. They have more active military personnel than any other country. I believe it's every male between 18 and 45 that is armed and trained. You're required to do service as part of your citizenship.
;-)
Also, they have much of the world's money.
Switzerland?
I think the more technically correct challenge should have been "show me a country that doesn't rely on it's ability to fight a war to keep the peace". In that case, Switzerland doesn't qualify as practically every dang person in the country has a government-issued assault rifle and attends Schutzenfest regularly, the idea being that the whole country is the army, even the women. This (plus the terrain) is the real reason why the Schweiz have been able to stay "neutral": they're essentially unconquerable.
If a job's not worth doing, it's not worth doing right.
Basically Wal-mart won't carry AO.
Senate Testimony to that effect
That is all.
The ESRB is an industry body, not a government regulatory agency. Participation in the ESRB is entirely voluntary.
The partent post said that it was "effectively" censorship. This is "effectively" censorship.
I would seriously question that any game with a Mature rating decreases by a significant amount the INTENDED audience for the game since, as you point out, it's so easy just to go online and purchase it from Amazon.
Not true. Movie makers have known for years that they'll sell more tickets to a PG-13 movie than an R movie. And they'll sell a hell of a lot more tickets to an R movie than an X movie (or your state's equivalent). You see, Bible-Thumpers are just fine with murder (see Iraq War, started by a "Born Again Christian" and broadly supported by Christians), but not OK with sex (they like to "be fruitful and multiply" asexually, apparently).
Fuck off ESRB , the rating is for 18+s , And im sorry if you find sex offensive (even in its highly comical computerised form) ) then you really need your head checked . . ,morals and ethics and carnal-forbearance (thanks marge) are what cause problems. .
Sex is the principle Method of reproduction for our species , its important , it is a lot of fun , it is freely accessible and it is not going to disappear.
anyone over the age of 18 offended by some slight sex in a game filled with violence(which is a lot of fun) is seriously in need of some social education or mental help
I am very glad i do not live over there at this moment
Seriously , Censorship is the job of the parents not the state
ESRB you are officially a bunch of a fascist bastards
The only things certain in war are Propaganda and Death. You can never be sure which is which though
While I agree with the rest of your post, this is also total BS. Despite what the sensationalist media wants you to believe, it's simply not true.
First, the necessary parts are not easily obtained (at least not legally). There are a fixed supply of auto-sears for civilians -- ones manufactured before 1986. Depending on the model, typical prices for this part alone are around $3,000.
Second, a firearm that is easily modifiable to full-automatic is also restricted. The BATF has been known to confiscate rifles after they were sold to civilians and later found to be easily converted.
Frankly, I can't tell you exactly how legal weapons are designed to prevent conversion to full-automatic, because the BATF considers that conspiracy to commit a crime (i.e. making a conversion to full auto). If you don't believe me, that's your choice. But, I'm not sticking my neck out to convince you.
Of course, with the knowledge, skill and necessary tools, you might be able to do so. But, the BATF has a threshold (in man-hours) that must be met, or a weapon cannot be manufactured in or imported into this country.
So not only those Take Two suit guys screwed and lied from the beginning, not only did they encourage modding (or at least silently blessing it) since their previous games as a way to increase their popularity (their generic EULA even encourages user-made contents), but now they are threatening all mod makers and even mod users of legal action!!!
I am completly disgust by this company.
Oh, and do not blame the GTA deal on Prez. Shrub. He is not turning those gears in motion. Blame the nanny-state liberals for this one.
You're absolutely right, and I'm glad you put in the "nanny-state" qualifier. However, I'd like to point out that most liberals are socially libertarian. The people who danced around naked in the Summer of Love and the folks who brought us the sexual revolution are about as liberal as you can get.
This just shows once again that the Democrats are not REAL liberals. I suspect they would have more success if they were. I'm not really sure what to call soccer-mom puritanism - vote-whoring comes closest, I guess.
I yearn for you tragically. A. T. Tappman, Chaplain, U.S. Army.
Having seen the video for the Hot Coffee Mod and using the no-blur code on The Sims 2 I call bullshit. Sure, you get to see Sims take a shower or bath, but they have no, what's the polite term... "naughty bits" to see. You get half a point because the Hot Coffee mod has no nudity (at least the video I saw didn't have any). But more sex?
Have you even played Sims 2? I'm thinking you haven't. If you had you'd know that the sex all happens hidden under blankets, under water, or behind the dressing room curtains. And what little that is actually animated is more appropriately described as "tickle fight".
Boobies never hurt anyone. - Sherry Glaser.
Here is a overly simplified, but rather useful demonstration of what is now called "The Nipple Pixel Effect" Please examine the images below carefully!
.
.
.
This is a (highly magnified) default pixel:
The pixel is devoid of content, ready to receive nuance and meaning. As many Slashdot regulars know, the scientific name for this state is "boring".
This is a (highly magnified) weapon pixel:
Note that the pixel is now filled with violent energies. Careful examination of this pixel shows its propensity to do damage to peace-loving liberal agendas. The scientific name for a pixel in this state is "fun".
This is a (highly magnified) nipple pixel:
This pixel is heaving with throbbing unquenced sexual desire. Take the time to examine this pixel more closely and you will notice how it seems to be renlentless thrusting at your closed, but oh so moist mind with expansive heat which melts conservative agendas. The scientific name for a pixel in this state is "more fun" to male computer scientists and "yeah, whatever" to female computer scientists.
Now, if we examine the firm, yet silky nipple pixel, gently take it between our fingers, so to speak, we can see that the pixel is actually composed of discreet... OH MY GOD ITS ZOMBIE STROM THURMOND AND HIS NEO-CONSORVATORS OF MORAL DISCIPLINE. HELP! THEY'VE MADE IT THROUGH MY FRONT DOOR. ACK! RICK SANTORUM'S SECRET TWO-HEADED FETUS-MONSTER IS CHEWING ON MY CABLE MODEM. AGH! I DON'T KNOW HOW MUCH LONGER I CAN HOLD OUT. ECK! BILL FRIST JUST DISECTED MY CAT! OH THE HUMANITY! PLEASE TELL MY WIFE I LOVE HER VERY M...
I'm not sure I understand. From TFA: What exactly is so bad about this? It has a different rating. So what? The ESRB is doing their job. From the ESRB website What all of that means is that the ratings assigned by the ESRB are intended to be used as a guide, such that the consumer has a general idea of what to expect. Parents that are using these ratings in place of discretion appropriate for the individual child are taking a general recommendation and treating it like the gospel.
Additionally, the ESRB is not in the business of modifying games. Their job is not to find content that is not accessible through game play. The argument that the content is accessible through game play is nonsense. A patch was required in order to access the scene in question. For the ESRB to apply unofficial patches to a game at any point during testing would be completely unethical. It is doubtful that anyone on the ratings board sees code regularly as part of their job; there is simply no need.
The purpose of the ESRB is to evaluate a game for content and issue a rating to inform parents of what to expect. With what was known at the time, this is exactly what they did. Take careful note: in light of new content discovered in this game, the ESRB has changed its rating. This is not arbitrary; ratings are determined based on the material in a game, and this game now meets the criteria for an AO rating.
Furthermore, the magnitude of this issue the result of little more than Hillary Clinton's political campaign. Were this a truly important concern to the former first lady, this type of video game modification would have been under fire years ago. The patch for The Sims that caused all of the characters to walk around completely naked has long since been forgotten.
This display of political impropriety is clearly an attempt to insert Senator Clinton into the limelight to gain press attention in preparation for a presidential election, at the expense of the public perception of the ESRB's integrity. In spite of Clinton's disingenuous actions and the difficult situation they have created, the ESRB has handled the matter exceptionally well.
you're making the assumption that the child will download the patch himself.
given the popularity of GTA, i think it's much more likely that a patch allowing porngraphy in the game would get passed around the schoolyard rather than downloaded individually by each child. that doesn't require any technical expertise at all. in a child's world, there's more than one way to distribute software.
Its not only sex in video games, I saw a NIPPLE on the TV!!
the CHILDREN are DOOOOOOOOOMED!!!!
Starsucks
Children are banned, having been found to be a result of pornography.
As far as I'm concerned, this is like changing the rating of The Sims because of the nude (no blur) hack. And for the people that way, "Well, Rockstar put the sex scene in..." I say, "Maxis put boobies in." Same thing. Another way I look at it is this... So what if Rockstar put the sex scene in? They designed the game so that no one would ever see it. The only reason that we have seen it is that someone wrote a hack that exposed it to us. Blaming Rockstar for this is like blaming a woman for exposing herself if a pervert runs by and lifts up her shirt. The only way that I can see blaming this on Rockstar is if we find out that they put the code there for the explicit purpose of being exploited and/or if they leaked the hack themselves.
If it's getting passed around the school yard, that means way too many young children are playing a game intended for people 17+ that they shouldn't have had in the first place.
I don't think that a Schützenfest is what you think it is. It's a festival, also held in other German-speaking countries, that was originally rooted in archery and shooting competitions, but is now just a big celebration for the whole family. It involves fair-type games, parades, concerts, and other tourist-enticing activities.
UNIX: A computer user is defined as a programmer. WINDOWS: A computer user is defined as a consumer.
I'm writing because Rockstar Games North is at the center of the future. The Hot Coffee Mod has propelled you to the front lines of the culture wars. For many hundreds of years, crafty and selfish politicians have used the empty and meaningless phrase "family values" to enrage an otherwise apathetic public and solidify their power.
The most recent self-aggrandizing political power-monger to attempt a power grab by denigrating the invented enemies of children and the family is Hillary Clinton. How hypocritical for a woman whose own family life is a public embarrassment to now attack a supposed enemy of the family. But of course it's no coincidence - it is precisely because her own family life is a joke that she must become a defender of the family. For what better way to advance her political career?
You have a choice. Rockstar Games North has created the most aesthetically important piece of art since Andy Warhol was alive. Never in the history of the narrative form has a piece encouraged with such audacity the audience's identification with an anti-social character. And yet, it's a hit. Grand Theft Auto is one of the most popular video game series of all time. The question people should be asking is why do so many people dream of being an outlaw in their personal life rather than what effect this piece of art is having on our children.
Then again, the outlaw has been a staple of the narrative form ever since the inception of the story. Men have always thrilled to tales of the criminal, the social deviant, and the outlaw. Obviously, part of the attacks on Grand Theft Auto are spurred by an anti-technological bias. It's likely that many who criticize have never even played a video game. It's even more likely that those who criticize have never played through a single game of Grand Theft Auto.
Many criticisms are based on single, isolated elements of the game, and yet where's the criticism of the game as a whole? Criticizing GTA for a single element is like criticizing Huckleberry Finn or The Catcher in the Rye for a single word.
The suggestion that Grand Theft Auto could somehow harm children is laughable. How is it possible for a video game to nullify the effects of poverty, racial discrimination, lack of opportunity, and - most importantly - the natural slights children experience as a result of interacting with other children? It's not possible. And for someone to suggest that a video game has a greater influence than any of these effects, combined or individually, on the personality of a growing child, is ridiculous. Your company is being attacked and demonized by individuals and organizations concerned only with increasing their own power. Clinton's and other groups' intentions are naked, obvious, and reprehensible.
How many of us experienced violent content in art while growing up? How many of us experienced sexual content while growing up? Almost all of us. The Bible itself is full of violence and sex. Yet most of us are law-abiding citizens. In fact, I believe if the GTA audience were researched, we'd find that they are less likely to commit a crime than the general population. How likely is someone to be a criminal when they have the tenacity to make it through a 40+ hour narrative? How likely are they to be a criminal if imaginary anti-social acts satisfy them?
You need to break yourselves off from Take Two and fight the good fight. You're established now. GTA will always sell. You can make other games that push the boundaries of the art form. And, if you follow this road, you'll have no competition. Almost all other companies will be cowed and scared.
Good luck. I hope you decide to fight.
maybe they just forgot to remove it? I have seen a couple of games that do that - on the FarCry disks there is a random text/ini file of some description that only contains "remove this file before production" within it. Likewise, the PC release of Deus Ex: Invisible War contains a file showing the control mappings for the X-Box controller.
just because it is a commercial release product doesn't mean the company isn't too lazy to check it for faults. Maybe the Hot Coffee project was abandoned, then forgotten about, so no-one thought about taking the code out before release. Its all possible.