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Grandma Sues Over Hot Coffee Mod

Bond_James writes "Ars Technica is reporting that an 85-year old New York woman has filed a civil suit against Rockstar Games and Take-Two Interactive. She alleges that the defendants 'engaged in misleading and deceptive practices in packaging and selling' the game, which she purchased for her 14-year old grandson. This will be interesting, and scary, to watch unfold in the courtrooms. Will the M (17+) rating of the game save Rockstar?"

18 of 270 comments (clear)

  1. Wow, people are fools by Altizar · · Score: 5, Insightful

    The story says she bought the game in 2004, that means it was the ps2 version. The only way to accees the mod for that version is if you have a modchip and manualy modify the files (or so every other story says). Anyway is it not her fault for buying a 14 year old a game desgined for 17+.

    1. Re:Wow, people are fools by garett_spencley · · Score: 4, Insightful

      I'm looking at the package for my PC version of SA right now.

      On the back it describes the reasons for being rated Mature. Here they are.

      1. Blood and Gore
      2. Intense Violence.
      3. Strong Language.
      4. Strong Sexual Content
      5. Use Of Drugs.

      With that said I'm still shocked as to why people are so shocked about there being sexual content in the game when the god damned fucking label says there's STRONG SEXUAL CONTENT to begin with! Nevermind the violence.

    2. Re:Wow, people are fools by over_exposed · · Score: 5, Insightful

      It doesn't matter... It's rated for players of 17 years of age and older. Plain an simple. She purchased it for her 14-year-old grandson. Plain. And. Simple. It's not the fault of Rockstar, Wal-Mart, the ESRB, Toys-R-Us, Hillary Clinton, the game modders, the mod-chip manufacturer, the kid down the street that installed the mod-chip or any other scapegoat she can think of. The only problem here is that Grandma is contributing to the deliquency of a minor, she or her grandson broke the DMCA by installing the mod chip, and the kid's parents still let him play at Grandma's house.

      Seriously...

      --
      "The object of war is not to die for your country, but to make the other bastard die for his." - Patton
    3. Re:Wow, people are fools by Nos. · · Score: 4, Insightful

      Here's a post I made on K5 yesterday:

      So I had a look at ESRB's site. GTA: San Adreas was previously (I believe) rated M. By ESRB standards, that means that they suggest this content it fine for anyone 17 years or older. Titles in this category may contain intense violence, blood and gore, sexual content, and/or strong language.. From what I've heard, the "Hot Coffee" scene show no nudity. It does show a brief scene of "humping" but clothes are on. To me, this fits within sexual content. Of course, up here in Canada, I've seen worse things on TV during prime time, though we do tend to be a little more liberal with sex and language on TV then our neighbours to the south.

      Now, they've bumped up the rating to AO. Which is okay for people 18 and over. I guess in those 12 months we're able to prepare ourselves to see what wouldn't even be considered soft porn. ESRB describes AO as ...may include prolonged scenes of intense violence and/or graphic sexual content and nudity. So, a game centering on criminal activites that involve assinations, killing police, mugging people, hookers, etc. with lots of violence, a complete disregard for what most of us consider moral behvior, is much worse for our kids when it involves dry humping.

      As other posters have mentioned, this is probably a marketing ploy by Rockstar. If this investigation happens, and they manage to prove that management knew about it, slap a fine on them and move on. Lets face it, if your kids are up watching any kind of cable TV when you're not around, they've seen worse than this. If they surf the net when you're not around, they've seen worse than this. Accoring to various sources, most kids are losing their virginty by 16. So, if you're worried that this game was rated 17+, realize that your child has probably done more sexually than this game shows, well before they're at an age where the ESRB thinks they're mature enough to see it.

    4. Re:Wow, people are fools by NanoGator · · Score: 4, Insightful

      "Teens get murdered, too, and that's a lot more final." .. and far less frequent than teen pregnancy.

      Instead of arguing with me, go ask a bunch of parents of teenagers or pre-teens which they think is more likely to happen: Pregnancy or murder.

      I honestly don't understand why this concept is so alien to everybody here. Is it because you all think I'm writing that to say they're right? Well, I can put that fear to rest: No, I'm not saying they're right. I'm merely explaining why somebody would prioritize sexual conduct on TV over violence. I'm sorry that these people are living in a world of perception instead of a world of fact, but there's nothing I can do about it.

      Frankly, though, I think you all should be listening to what I'm saying, here. (in case it's a little fuzzy, I've brought this up before and it was mindlessly shot down there, too.) You guys want want these people to chill before resorting to extremism, right? How are you going to do that if you're going to call them 'fools' instead of trying to understand where they're coming from?

      Honestly, guys. I shouldn't have to put up my dukes every time I say something that's not quite in line with public opinion.

      --
      "Derp de derp."
  2. Stupid. by Sylver+Dragon · · Score: 4, Insightful

    So, Granny fails to notice the M(17+) rating. Ok, it's not very prominent or well know. Then she completly ignores the box art, which I guess she could have overlooked on account of the way a lot of art is done these days. Finally, she didn't pick up on the fact that the game is named after a rather major felony. How oblivious do you have to be to buy this game for a 14 year old kid? Not to mention that she has managed to completly miss all of the noise made about the last installment. I'm sorry but she, and all of her offspring need to be scraped out of the gene pool as too stupid to breed.
    Yes, she's an old granny, and may not get out much, but she has the ability to get a lawyer and sue, so please don't give me the "she's an old confused lady" bit. If she is able to track down a lawyer and start a lawsuit over this, she should have been capable of figuring out that this game may not have been appropriate for her grandson.

    --
    Necessity is the mother of invention.
    Laziness is the father.
  3. The solution by Profane+MuthaFucka · · Score: 5, Funny

    Just package the game in a set of styrofoam titties, or require that stores set up their displays, the customer has to reach through the vagina hole of a big latex pussy with a throbbing red clit to grab a box.

    That ought to make it clear to even the most shriveled up grandma that this game is not for children, and you're fucking responsible for what you buy, not anyone else.

    --
    Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
  4. Think of the children! by jon787 · · Score: 4, Funny

    Imagine the outrage if she had purchased her son the August 2005 issue of National Geographic Magazine. There is a photo of a nude woman in it! We must start checking IDs on magazine purchases and institute a rating system at once!

    --
    X(7): A program for managing terminal windows. See also screen(1).
  5. "Whaaa, whaaa whaaa..." by pclminion · · Score: 4, Insightful
    "I thought my little grandson would only be partaking in the wholesome activities of running over dogs, raping prostitutes, murdering police officers, and slinging crack cocaine to street whores. But instead his precious little mind has been corrupted by THE EVILS OF CONSENSUAL SEX!"

    Fuck you, grandma. You are, plain and simply, an idiot.

  6. More interesting... by SolarCanine · · Score: 5, Insightful

    ...will be:

    (a) will Rockstar report her to the local Dept of Social Services for providing the game to the 14 year old,

    (b) will Rockstar turn around, if this lawsuit actually proceeds, and sue the modders for violating EULAs, and

    (c) will Rockstar bite the bullet and start refusing to submit their games voluntarily to the ESRB for rating at all?

    As far as I'm concerned, the hype surrounding this, the Congressional involvement, and the lack of parental responsibility in the equation are far more criminal than anything that Rockstar has done.

  7. She's culpable by Quarters · · Score: 4, Insightful
    I wrote about this on my blog yesterday. Here are the important bits

    She's suing not only for herself, but for "everyone else who purchased the game." Since I purchased it I am someone she thinks she is protecting. So let me talk to Ms. Florence Cohen of NY directly for a second...

    Hey, Flo, I don't need your protection. I can read the labels on the box just fine by myself.

    Yes, GTA:SA is a mature game. That's why it was sold with an ESRB rating of "M" (now "AO" for adults only). "M" games are sales limited to people who are seventeen years of age or older. Rockstar, Take Two, the reseller, and the clerk at the store did nothing wrong by selling Ms. Cohen GTA:SA. That is, unless she is only sixteen yet has managed to have two generations of Cohens come after her. Her mistake was her own. She gave an "M" title to a person under the age of seventeen. If the government wants laws to punish clerks who sell titles to people outside of the posted age ranges shouldn't there also be punishments for people who traffic these games to children? She, either intentionally or not, was corrupting her grandson by giving him a game that the game industry reviewed, rated, and clearly labeled as not suitable for him.

    Outside of Ms. Cohen no one is at fault here. The voluntary rating worked, the box was clearly labeled with the restriction, and the store didn't sell the game to anyone under the proper age.

    I'll close by suggesting a new title for the article, "Ignorant Grandmother who bought 'Grand Theft Auto: San Andreas' without reading the label is suing the manufacturer instead of taking responsibility for her mistake".

  8. Again? by MarkGriz · · Score: 4, Funny

    Again with the grandma, and the hot coffee, and the lawsuits....

    When will they learn to stay away from hot coffee.

    --
    Beauty is in the eye of the beerholder.
  9. Re:This line says it all. by TripMaster+Monkey · · Score: 4, Insightful


    If a parent attends an R-rated movie with their child, are they "contributing to deliquency?"

    While the case can be made that taking a child to a R-rated movie is indeed contributing to delinquency, I'm going to focus instead on the second part of your statement:
    Because it's exactly the same circumstance.

    Wrong. Unless Grandma sits next to the child during every second of gameplay, sharing in the experience with him, it is not even remotely the same circumstance. The situation would be closer to Grandma getting the kid inside a theater where an R-rated movie is playing, and then leaving him to his own devices.

    Next time, think through your analogy before you post, please.

    --
    ____

    ~ |rip/\/\aster /\/\onkey

  10. Jay Leno by Saeed+al-Sahaf · · Score: 4, Insightful
    Leno had a joke about this last night: "What the Hell was a grandma doing buying GTA for her kid anyway? Was the store out of beer and BB guns?"

    It's a valid point: GTA is saturated with violence of some of the most offensive kind, a little sex should be the least of a parent or grand parent's worries, right? It's OK to grease police and mobsters, steal cars and blow things up, pick up hookers, but sex, now that's going too far?

    --
    "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
  11. Family Services by Bios_Hakr · · Score: 4, Funny

    First off, Rockstar should report her and the children's parents to family services for neglect.

    Next, they should sue the kid and his parents. They could claim that he modified the ROT-26 protected binary and used the product in a manner not in accordance with the EULA.

    Sue the grandma also. She bought the game and then gave it to someone else. I'm pretty sure the EULA only gives the purchacer the right to use the product.

    They should probably sue Jack Thompson for public disclosure of a unaddressed security flaw. Jack should have sent a private memo to Rockstar and given them time to revove the flaw.

    Then they should sue Mattell. Your Rockstar should claim they bought a barbie doll and a ken doll for their kids. The kids were latter seen playing with the dolls having simulated sex.

    Then sue Lego. You can put thoes things into some funny positions making it look like simulated sex.

    Sue the Catholic church for including "Song of Solomon" in the Bible. Sue the Protestants while you are at it.

    They should Sue Bill Clinton for having simulated sex in the Oval Office.

    Sue Hillary for not divorcing her cheating, lying husband. Women putting up with that shit degrades the American Family. Damn her for not setting a better example for our young women.

    --
    I'd rather you do it wrong, than for me to have to do it at all.
  12. Re:Maybe I'm an asshole, but... by shawb · · Score: 4, Funny

    I don't know... this is a lawsuit over hot coffe. Companies should know by now to use extreme caution with anyhthing with that moniker.

    --
    I'll never make that mistake again, reading the experts' opinions. - Feynman
  13. This may actually be a GOOD lawsuit... by telstar · · Score: 4, Interesting

    1. Grandma buys adult game for minor
    2. Grandma sues industry
    3. Court throws case out
    4. Precedent is set and fewer people try to do the same

    Don't get me wrong ... I think the woman is a total bitch trying to cash in on something that had nothing to do with her ... but here's hoping all she ends up with are steep legal fees as she wastes the court's time, and steps closer and closer to her coffin

  14. 15 Minutes of Infamy by mabu · · Score: 4, Insightful

    This isn't about the video game. By now that should be obvious to most people.

    This is about some opportunitstic, sleazebag lawyer and an 85-year-old incompetent parental figure trying to make a quick buck, or get their 15 minutes of attention.

    The less we talk about this frivolous lawsuit and the losers involved, the better.